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Fulshear City Zoning Code

ARTICLE III

SITE DEVELOPMENT

Ordinance 2025-1517_0

§ 28-3-1 Purpose and applicability.

(a) 
Purpose.
The purpose of this division is to address the quality and design of buildings and their development sites. The standards seek to:
(1) 
Preserve and enhance the visual character of the city;
(2) 
Ensure all buildings are constructed of quality, durable materials;
(3) 
Promote and maintain quality economic development and the aesthetic character and scenic attractiveness of the city as it develops;
(4) 
Safeguard and enhance property values and the city's tax base and protect public and private investments.
(5) 
Improve the appearance of nonresidential, multi-family residential, and mixed-use developments within the city given their visibility along the community's primary and secondary roadway corridors;
(6) 
Establish reasonable building design standards and related guidance to address community desire for visually appealing nonresidential, multi-family residential, and mixed-use development that enhances the quality of life of city residents while balancing the legitimate development and commercial needs of property owners;
(7) 
Ensure that buildings for nonresidential, multi-family residential, and mixed-use development are well-designed, energy- and resource-efficient, and constructed with high-quality, durable materials that contribute to the sustainability of the city;
(8) 
Enhance the security of residents, visitors and workers by incorporating crime prevention through environmental design (CPTED) principles and considerations into the design and approval processes for nonresidential, multi-family residential, and mixed-use development in the city;
(9) 
Ensure that all building sites and developments are functional, safe, and attractive; and
(10) 
Create community character that conveys a positive, lasting impression on both residents and visitors.
(b) 
Applicability.
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.
(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-2 General building and site design standards.

(a) 
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.
(b) 
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:
(1) 
Mass their buildings together when feasible;
(2) 
Modify their site plans to create a regionalized approach to development which includes provisions for all terms of site development as required by this article; and
(3) 
Enter into shared parking agreements per section 28-3-12, shared parking, whenever feasible to do so.
(c) 
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.
(1) 
Cladding and finishes for support columns and other vertical structural components shall match or be consistent with the principal and accent materials of the principal building;
(2) 
The roof structure of the canopy shall match or be consistent with the roof structure of the principal building in terms of pitch, roofing materials, and colors; and
(3) 
Downspouts and related hardware shall be integrated into the canopy structure.
(d) 
Awnings and canopies.
Awnings and canopies, if installed, shall:
(1) 
Be attached and integral to the principal structure;
(2) 
Not obstruct any window;
(3) 
Have a minimum clearance of eight feet (16 feet for drive-under canopies) from finished grade to the bottom of an awning or a canopy;
(4) 
Project a maximum of six feet from the principal building; and
(5) 
Not exceed 100 feet in length.
(e) 
Arcade treatment.
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.
(f) 
Screening of mechanical and service equipment.
(1) 
Ground-level equipment.
Ground-level exterior equipment, such as mechanical components, electrical drops, utility meter banks, and heating/cooling controls, shall be completely screened from ground-level public view through building wall extensions or installation of structural enclosures or dense, year-round vegetation.
a. 
Structural enclosures or hedges that are used to satisfy this screening requirement shall be maintained at a height that is at least one foot higher than the equipment.
b. 
Structural enclosures shall use materials and colors that match or are consistent with the design and materials of the principal building.
c. 
Propane tanks shall comply with the general requirements for ground-level equipment so long as those regulations are not in conflict with the state regulations concerning propane tanks.
(2) 
Building-mounted equipment.
Building-mounted exterior equipment shall be completely screened from ground-level public view through installation of structural enclosures or dense, year-round vegetation consistent with the screening provisions in section 28-3-2) of this section.
a. 
Where complete screening using the specified methods is not practical, building-mounted equipment shall be painted to match the color of the building façade.
b. 
Gutters, downspouts, and related building-mounted hardware for conveying stormwater shall match the color of the building façade, whether through the choice of hardware used or painting of the hardware to achieve this consistency. Any such hardware and associated painting shall be maintained in sound condition at all times.
(3) 
Rooftop equipment.
Rooftop exterior equipment shall be completely screened from ground-level public view through design, materials, and colors that match or are consistent with the overall building design. This may include, but is not limited to, use of sloped roofs or other architectural elements of adequate height, such as parapet walls or cornice treatments, that conceal roof areas where mechanical equipment is mounted.
(g) 
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.
(h) 
Parking structures.
(1) 
Architecturally consistent.
Parking structures shall be designed for architectural consistency with the primary building served or other nearby buildings in terms of façade design and variation, finish materials, and shielding of unfinished structural elements and mechanical equipment.
(2) 
Special design elements.
Parking structures shall include architectural and landscape elements that enhance the garage appearance and help to screen parked vehicles and interior lighting from external view. Such elements may include, but are not limited to, decorative screens, trellises with or without associated vegetation, or façade and roofline variation.
(i) 
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 façade or roof material.
(j) 
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:
(1) 
The facilities shall be located no more than 200 feet (walking distance) from the individual uses that they are intended to serve;
(2) 
Access to the facilities shall be:
a. 
Configured to meet the requirements of the refuse hauler; and
b. 
Provided from an alley if an alley is present and used for service to other properties;
(3) 
The areas where dumpsters are stored shall be fully enclosed by an opaque wall with a minimum height of six feet constructed of brick, stone, or stucco-finished concrete block to match the principal building;
(4) 
The enclosures shall:
a. 
Have opaque metal service gates which remain closed at all times except when the dumpster is being serviced;
b. 
Include separate, opaque metal pedestrian access gates or a pedestrian access opening that screens the dumpster from view;
c. 
Be large enough to accommodate:
i. 
One or more dumpsters that are of sufficient size to serve the development, based on the frequency of solid waste collection; and
ii. 
One or more recycling bins (whether provided at the time of development or not), based on the anticipated generation of recyclable materials and the frequency of collection;
d. 
Meet city engineering design standards, including those that pertain to maneuvering space; and
e. 
Be generally situated to ensure that the gate to the enclosure does not impede vehicular traffic when open, whether partially or fully.
(5) 
The facilities shall be located in a side or rear yard of the parcel proposed for development, unless it is not possible to provide service access in such locations; and
(6) 
If an enclosure must be located in a front yard to meet the requirements of the refuse service provider, it shall be designated and constructed with the same cladding materials used for the principal building walls.
(k) 
Natural management of stormwater.
All new commercial, office, multi-family, and other non-residential developments shall include at least two of the following low-impact development features in order to promote natural management of stormwater:
(1) 
Sidewalks with built-in sidewalk storage.
(2) 
A stormwater cistern capturing a minimum of 50 percent of the roofs stormwater.
a. 
The aesthetic of an above-ground cistern shall compliment the design and scheme of the principle structure;
b. 
An above-ground cistern shall be landscaped;
c. 
Cisterns used for rainwater collection purposes shall be placed at least 10 feet away from sanitary sewer lines;
d. 
If the Cistern is made of a fiberglass construction or does not complement or match the principal structure it shall be screened from public view.
(3) 
A green roof such as solar panels or vegetation with a waterproof membrane.
(4) 
A minimum of 50 percent of all site landscaping consisting of bioswales, rain gardens, or bioretention gardens.
(5) 
One or more mature tree with a diameter at breast height of 12 inches or greater with additional landscape intended to mitigate drainage. The preservation of mature trees within the Downtown District in addition to the installation of features or amenities such as approved picnic tables, park benches, a gazebo, or like features which promotes walkability and a sense of place may qualify as civic space under the requirements of Section 28-3-8(d) and as a park under Section 28-2-16(c)(5).
(6) 
Wet bottom detention facilities that contain appropriate wetland plant species.
(l) 
Cisterns for fire suppression.
The aesthetics of a cistern being used for fire suppression shall comply with the standards found in 28-3-2 (k).
(m) 
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.
(n) 
Internal electrical and fiber.
Electrical and fiber lines necessary to serve a development shall be placed underground, unless a hardship can be cited such as a site constraint.
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2023-1433, 9-19-2023; Ord. No. 2024-1453, 4-16-2024; Ord. No. 2025-1481, 3-18-2025; Ord. No. 2025-1485, 5-6-2025)

§ 28-3-3 Single-family development.

(a) 
Generally.
All single-family detached and attached dwellings (including industrialized housing) shall be developed in accordance with the standards of this section.
(b) 
Applicability.
These standards apply to single-family detached and attached developments within the district(s) where they are permitted as set out in:
(1) 
Section 28-2-6, suburban residential (SR); and
(2) 
Section 28-2-8, semi-urban residential (SU).
(c) 
Placement of buildings.
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:
(1) 
The dwelling is arranged in a housing cluster where homes front a green space and take access from an alley or parking lot; or
(2) 
The street-facing façade is horizontally articulated; includes a hip-and-valley, cross-hipped, Dutch gable, or dormer roof type; and is designed to include a pattern of windows common to the front elevations of the homes on the block along both sides of the street (See figure 28-3-3-2, roof types).
Figure 28-3-3-1
Building Placement
028 Figure 28-3-3-1.tiff
Figure 28-3-3-2
Roof Types
028 Figure 28-3-3-2.tiff
(d) 
Garage door orientation.
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.
Table 28-3-3
Garage Orientation
Requirements
Illustration
Garage in Front.
Garage doors shall be oriented to the street and will be five feet in front of the front wall plane of the residence.
028 Table 28-3-3(1).tiff
Semi-Flush.
1. Garage doors oriented toward the street shall be positioned semi-flush or recessed.
2. Semi-flush doors shall be a minimum of two feet and a maximum of 20 feet behind the front wall plane of the residence and create a minimal intrusion into the livable area of the home.
3. Semi-flush doors may extend a maximum 40% of the width of the residence.
028 Table 28-3-3(2).tiff
Recessed.
1. Garage doors oriented toward the street shall be positioned semi-flush or recessed.
2. Recessed doors shall be a minimum of 20 feet behind the front wall plane of the residence.
3. There is no restriction on maximum recessed garage door width.
028 Table 28-3-3(3).tiff
Side-Loaded.
Garage doors oriented perpendicular to the front wall plane have no restrictions on door width or recessed position.
028 Table 28-3-3(4).tiff
Detached.
1. Detached garages placed entirely to the rear of the house have no restrictions on door width or recessed position.
2. Detached garages that are closer to the street than the rearmost portion of the residence shall be a minimum of 20 feet behind the front wall plane of the residence.
028 Table 28-3-3(5).tif
(e) 
Transitions.
(1) 
Scale.
Where a single-family attached dwelling directly abutting or is across a street from a single-family detached dwelling, the building height of the attached dwelling must be equal to or no greater than eight feet higher than the abutting detached dwelling. Where an attached dwelling is located between a detached dwelling and apartments or non-residential development, the attached dwelling may not exceed the height of the adjacent single-family detached dwelling by more than one story. See figure 28-3-3-3, scale transitions.
(2) 
Bufferyards.
Bufferyards are required per section 28-3-27, bufferyard landscaping.
Figure 28-3-3-3
Scale Transitions
028 Figure 28-3-3-3.tiff
ADJACENT SINGLE-FAMILY DETACHED DWELLING
SINGLE-FAMILY ATTACHED DWELLING
028 Figure 28-3-3-3(2).tiff
ADJACENT MULTI-FAMILY APARTMENT
SINGLE-FAMILY ATTACHED DWELLING
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2024-1453, 4-16-2024)

§ 28-3-4 Multiple-family housing.

(a) 
Generally.
All multiple-family buildings shall be developed in accordance with the minimum standards of this section.
(b) 
Applicability.
These standards apply to multiple-family developments within the district(s) where they are permitted as set out in:
(1) 
Section 28-2-8, semi-urban residential (SU);
(2) 
Section 28-2-13, downtown (DD); and
(c) 
Building massing and scale.
(1) 
Multiple-family buildings shall be designed such that the primary entrance and windows of all first-row buildings face a public street.
(2) 
Any portion of a building that is closer than 50 feet from a common property line that abuts a residential district or use shall be no higher than 12 feet above the highest point of the closest residential structures. This does not apply if the residential structure is located across the street from the development or if it is within a planned neighborhood. A multiple-family building containing more than four dwelling units shall be designed to break up a rectangular floor plan and avoid a box-like or monolithic appearance.
(3) 
The following or similar techniques shall be used to avoid the appearance of a box-like or monolithic building:
a. 
Primary entrance treatments that are recessed or project from the main façade such as canopies and porte cocheres. Support columns and roofs of canopies and porte cocheres shall match or be consistent with the architectural design of the building.
b. 
Balconies that are used irregularly, some projecting, some recessed; and
c. 
The use of dormers, bay windows, or other windows that create dimensions that break up the façade;
d. 
Changes in wall planes of at least five feet at intervals of not more than 30 feet;
e. 
Varying roof lines;
(4) 
Stairs that provide primary access to units on upper floors shall be covered.
(5) 
Elements such as eaves, rakes, cornice lines, or frieze boards shall be used to contribute to the visual interest of the building.
(6) 
Corners of multiple-family buildings that face a public street shall be punctuated by one or more towers, chamfering, ground floor arcades and upper story balconies, pediments, or other similar feature that provides a complex appearance.
(d) 
Internalized design.
(1) 
Ingress to and egress from all dwelling units in a multifamily development shall be made through the interior of the building rather than from direct outside entrances to each unit.
(2) 
No exterior stairways. No stairways shall be visible on a building exterior.
(e) 
Pedestrian access.
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.
(f) 
Parking location.
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.
(g) 
Attached garages.
Attached street-facing garages shall meet one of the following standards.
(1) 
The garage doors shall not comprise more than 40 percent of the total length of the building's façade; or
(2) 
Every set of two single-bay garage doors or every double garage door shall be offset by at least five feet from the front plane of an adjacent garage door.
(h) 
Detached garages.
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.
(i) 
Carports.
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:
(1) 
Openness.
Carports shall be no less than 50 percent open on all sides, except for a side or sides that abut a wall of a principal building.
(2) 
No other storage.
Carports shall not be used for storage of any items except motor vehicles.
(3) 
Height.
Carports shall not exceed ten feet in height.
(4) 
Drainage.
Drainage from carports shall be captured and conveyed on site and shall not impact adjacent properties.
(5) 
Construction.
Carports and their support posts shall be firmly anchored to the ground and shall meet applicable building codes.
(6) 
Design.
Carports shall be constructed so that all structural components, including support posts and roofs forms, match or are consistent with the design elements incorporated into the principal building(s).
(j) 
Roofing systems.
(1) 
Flat roof systems.
Any material that is permitted by code of ordinances chapter 8, buildings and other structures, and is allowed on flat roof systems.
(2) 
Integrated solar arrays.
Building integrated solar arrays (solar panels that double as roofing) may be used on flat or pitched roofs.
(3) 
Projections.
Roofs shall contain at least one projection for every 50 linear feet of building frontage. Roof projections may include cupolas, dormers, balustrade walks, chimneys, or gables.
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2023-1423, 5-16-2023)

§ 28-3-5 Manufactured homes.

(a) 
Generally.
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.
(b) 
Design standards.
(1) 
Access.
Where a manufactured home park contains 25 or more units, at least two points of ingress and egress shall be provided.
(2) 
Access to public streets.
a. 
Each manufactured home park must abut and shall have access to a dedicated public all-weather circulation drive.
b. 
Direct access to a manufactured home space from street right-of-way is prohibited.
(3) 
Skirting.
The vacant space between the finished grade of the property and the finished floor of a manufactured home must be skirted, which must:
a. 
Be a continuous, complete, opaque, and a rigid surface that lends permanency to the appearance of the unit and fully screens the crawl space beneath the unit; and
b. 
Provide for adequate ventilation and drainage.
(4) 
Separation and setbacks for accessory buildings.
An accessory building or structure on a manufactured home lot shall maintain conformance to the standards established in section 28-2-19, accessory use and structure standards.
(5) 
Solid waste facilities.
If common refuse containers are provided by the manufactured home park, then one container shall be provided for each ten lots.
(6) 
Vehicular circulation.
a. 
The manufactured home park must provide interior vehicular circulation on a private internal street system.
b. 
The street system shall be continuous and connected with other internal and public streets or shall have a cul-de-sac with a minimum diameter of 90 feet and length of 500 feet.
(c) 
Maintenance.
(1) 
State of repair.
All grounds and improvements shall be maintained in a good state of repair.
(2) 
Code compliance.
Electrical systems, water and sanitary sewer systems, streets and parking areas, and buildings shall comply with all applicable codes and be maintained in safe and sanitary conditions.
(3) 
General maintenance responsibilities.
a. 
Refuse collection sites shall be kept clean and sanitary; grass and shrubbery shall be mowed and trimmed.
b. 
Grading and drainage shall be well maintained.
c. 
All common areas shall be operated in compliance with all provisions of this section; and
d. 
The property shall be maintained free of litter and debris.
(d) 
Storm shelters.
Storm shelters shall be provided in manufactured home parks. The shelter(s) shall be built:
(1) 
According to ICC 500, the International Code Council/National Storm Shelter Association (ICC/NSSA) Standard for Design and Construction of Storm Shelters; and
(2) 
Of sufficient size to meet the needs of the manufactured home park and its residents.
(e) 
On-site management.
One manufactured home or other permanent building for on-site management must be provided for parks with 25 or more homes.
(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-6 Nonresidential development.

(a) 
Generally.
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.
Figure 3-6-1a
(b) 
Applicability.
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:
(1) 
Section 28-2-11, suburban commercial (SC);
(2) 
Section 28-2-14, general commercial (GC);
(3) 
Section 28-2-13, downtown (DD); and
(4) 
Section 28-2-15, industrial (IN).
(c) 
Building form.
(1) 
Neighborhood-scale.
Buildings that cover up to 30,000 square feet of gross floor area shall have moderate changes in height or roof lines, which can be accomplished by one or more of the following techniques:
a. 
Modules shall be offset from each other by a horizontal recess or projection of the building façade that measures ten percent or more of the building height;
b. 
Dormers with ridge lines that are three feet or more below the ridge line of the roof;
c. 
A compound roof shape, in which the highest ridge line and the lowest ridge line have a height difference of two to five feet;
d. 
Parapet walls that vary in height from two to four feet and which are designed of equal or greater height to screen from public view all rooftop mechanical equipment; or
e. 
Towers that have a height that is four to six feet above the highest peak or ridge of the roof or highest point of the parapet for a minimum of ten percent of the façade on which the tower is located.
(2) 
Community-scale.
Buildings that cover between 30,001 square feet and 60,000 sq. ft. of gross floor area shall have major changes in height per every 50 lineal feet of roofline, so which can be accomplished by one or more of the following techniques:
a. 
A compound roof shape, in which the highest ridge line and the lowest ridge line have a height difference of five or more feet;
b. 
Parapet walls that vary in height by more than four feet, are proportional to the building, and which are designed of equal or greater height to screen from public view all rooftop mechanical equipment;
c. 
Towers that have a height that is more than six feet above the highest peak or ridge of the roof or highest point of the parapet. The mass of such towers shall be proportional to the building, so that the towers appear as substantial, but not overwhelming, architectural elements;
d. 
Ground-level arcades and second floor galleries/balconies;
e. 
Functional or faux chimneys; or
f. 
Other features that reduce the apparent mass of the building.
(3) 
Regional-scale.
Buildings that cover more than 60,001 square feet of gross floor area shall have major changes in height per every 50 lineal feet of roofline, which shall, in addition to the requirements for community-scale buildings, must include:
a. 
Significant architectural features to identify principal entrances; and
b. 
Elements such as towers or significant projections from the building to break up the building mass.
(d) 
Architectural detailing.
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.
Figure 28-3-6-1
Architectural Detailing
028 Figure 28-3-6-1.tiff
(e) 
Multi-story buildings.
Buildings with three or more stories shall be designed with a clearly differentiated base, middle, and top.
(1) 
Building base.
A recognizable base shall include, but shall not be limited to:
a. 
Thicker walls, ledges, or sills; or
b. 
Raised planters, which are integral to the building façade.
(2) 
Building top.
A recognizable top shall include, but shall not be limited to:
a. 
Cornice treatments, other than just colored stripes or bands; or
b. 
Sloping roofs with eaves and brackets.
(f) 
Building articulation.
(1) 
Major building articulation.
Buildings shall be articulated using one or more of the following major articulation design techniques uniformly over the entire building facade:
a. 
A step back of upper floors to create human-scale and to reduce building scale and mass;
b. 
Increased setbacks for up to 30 percent of a street elevation to create public space; (public space may include outdoor seating/dining areas, pocket parks, fountains and/or water features, children's play areas, or similar space open to the public);
c. 
Variations in building heights for a minimum of 30 percent of the building façade;
d. 
Building insets or projections of at least 10 feet that extend the full height of the building for a minimum of 40 percent of the building façade;
e. 
Material changes for different building planes or elements;
(2) 
Minor building articulation.
Buildings less than 15,000 sq. ft. shall be articulated using five or more different elements of the following minor articulation design techniques uniformly over the entire building façade:
a. 
Windows or faux window openings;
b. 
Doors or faux door openings;
c. 
Recessed or projecting building entries;
d. 
Projecting bay windows;
e. 
Window moldings;
f. 
Arcades;
g. 
Recessed or projecting porches;
h. 
Recessed or projecting balconies;
i. 
Functional or decorative canopies and awnings;
j. 
Cornices;
k. 
String courses;
l. 
Columns;
m. 
Wall sconces;
n. 
Brick patterning, including soldier courses, or other building material or color variations;
o. 
Score lines;
p. 
Accents through the use of moldings, sills, cornices, canopies, or spandrels; or
q. 
Any other architectural feature which adds visual interest to the building.
(g) 
Building entrances.
Each building shall have clearly-defined customer entrances that include at least three of the following features:
(1) 
Canopies, porticos, arcades, or overhangs;
(2) 
Recesses or projections;
(3) 
Over the door or peaked roof forms;
(4) 
Arches;
(5) 
Outdoor patios or plazas;
(6) 
Display windows;
(7) 
Obviously differentiating architectural details such as moldings that are integrated into the building structure and design; and/or
(8) 
Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.
(h) 
Roofing styles.
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.
Figure 28-3-6-2
Allowed Roof Forms
028 Figure 28-3-6-2.tiff
(i) 
Elevations.
(1) 
Front elevation.
In addition to the above articulation features, the front elevation of a building shall have:
a. 
Architectural features that animate the façade along its entire length, spaced at intervals of not more than 30 feet in horizontal distance. These features may include wall sconces, display windows, faux windows, material patterning, entry areas, towers, pilasters, and columns, or other elements that create a pattern of light and shadow on the building wall.
b. 
Awnings, arcades, or overhangs that project at least six feet along not less than 50 percent of the façade.
(2) 
Side and rear elevations.
Side and rear elevations shall have architectural features that animate no less than 50 percent of the façade, which shall include:
a. 
Awnings, arcades, or overhangs that project at least six feet and connect to awnings, arcades, or overhangs on the front elevation;
b. 
No blank wall surfaces that extend for more than 15 or 30 feet in vertical or horizontal distance, respectively; and
c. 
Wall sconces, display windows, faux windows, material patterning, entry areas, towers, pilasters, and columns, or other elements that create a pattern of light and shadow on the building wall.
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2023-1433, 9-19-2023; Ord. No. 2024-1453, 4-16-2024; Ord. No. 2025-1481, 3-18-2025; Ord. No. 2025-1502, 9-16-2025)

§ 28-3-7 Office park design.

(a) 
Generally.
All office buildings, parks, and campuses shall be developed and constructed in accordance with the standards of this section.
(b) 
Applicability.
These standards apply to all buildings within the suburban office (SO) district.
(c) 
Site design.
(1) 
Layout.
a. 
The layout of new development must include a type B bufferyard around the perimeter and a type C bufferyard along any property line shared by a highway right-of-way and adjacent to a residential use or district.
b. 
The arterial street providing principal access into and through an office park shall not provide direct access to individual lots.
c. 
The primary entrance(s) to the development must include triangular easements measuring 60 feet in all dimensions, located on either side of the street for signs and landscaping. Secondary entrances may include 30-foot triangular easements for signage.
(2) 
Site orientation.
a. 
The primary building entrance shall face the street(s) from which access is taken.
b. 
All parking and vehicular use areas must be set back a minimum of 30 feet from all streets. The area inside the 30-foot parking setback may be credited towards the site landscaping requirement in table 28-2-12-3, landscape standards.
(3) 
Outside storage.
Outside storage is prohibited.
(d) 
Building character.
(1) 
Compatible design.
Development in or adjacent to existing developed areas shall be compatible with the established architectural character by using a design that is compatible, achieved through the repetition of roof lines, use of similar proportions in building mass and outdoor spaces, use of similar relationships to the street, use of similar window and door patterns, and/or the use of building materials that have color shades and textures similar to those existing in the immediate area of the proposed development.
(2) 
Scale.
Buildings shall either be similar in size and height, or, if larger, shall be articulated and subdivided into massing that is proportional to the mass and scale of other structures on the same or the adjoining blocks. Buildings that are four or more stories shall provide significant mass breaks to decrease the apparent mass of the building. Wider, longer buildings shall be stepped or broken in elevation by a combination of massing breaks and/or material changes.
(3) 
Materials.
Building materials shall either be complimentary or drawn from the materials already being used in the vicinity. If dissimilar materials are proposed, other characteristics such as scale and proportions, form, architectural detailing, color and texture shall be utilized to ensure that enough similarity exists for the building to be compatible, despite the differences in materials. Mirrored glass with a reflectivity or opacity greater than 65 percent is prohibited.
(e) 
Building design.
The design of buildings is the same for single-tenant sites and multitenant campuses.
(1) 
Materials.
Exterior materials shall be chosen for their suitability, durability, and visual continuity. With the exception of windows, building materials shall be natural/ indigenous in character. Building materials shall be selected to provide a variety of textures per building façade, provide visual balance, and avoiding an excessive variety of materials. Building entrances shall be visually heightened through the use of building architecture, materials, and textures.
(2) 
Treatments.
a. 
Base.
Façades shall have a recognizable "base" consisting of one or more of the following:
i. 
Thicker walls, ledges or sills; or
ii. 
Raised planters.
b. 
Roof and top.
i. 
Roof top equipment must be visually screened by adequate parapet height or separate roof screen, which must include variations through step ups or intervening architectural detailing.
ii. 
Combinations of sloped and flat roofs are encouraged to create a pleasing roofscape.
iii. 
Rooftop mechanical units, dishes, and other miscellaneous equipment shall be screened or be an integral part of the building design. Screen material shall be of the same material, texture and color as the building architecture, or be compatible to it.
iv. 
Sloping roof forms may be used to satisfy the requirements for both "building entrances" and "top treatments", providing the sloped roof form is related to the building entrance, and extends above the top of the parapet wall of a flat roofed building, or above the fascia of a pitched roof.
v. 
Top treatments for buildings less than 25,000 square feet gross floor area shall have a recognizable "top" consisting of the following:
a) 
Cornice treatment;
b) 
Sloping roof forms; or
c) 
Stepped parapets.
vi. 
Top treatments for buildings greater than 25,000 square feet of gross floor area shall have parapets concealing flat roofs and rooftop equipment from public view, which shall not exceed 15 percent of the height of the supporting wall, and such parapets shall not at any point exceed one-third the height of the supporting wall.
c. 
Building entrances.
i. 
Primary building entrances shall be important elements in the design of buildings. Building materials shall be selected to provide greater visual and textural interest at building entries. Entrances shall be designed to integrate wall signs with the design of the structure.
ii. 
Architectural articulation shall be evident at primary entrances. Textural and massing changes are required for visual interest, as well as promoting the "human scale."
iii. 
Primary entrances shall include protection from elements of weather and sunlight.
iv. 
Landscape features shall be provided at building entrances, such as plazas, gardens, benches, landscape walls and/or artwork.
(f) 
Single-tenant sites.
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:
(1) 
A wing wall to screen the unarticulated wall(s) of the building projects outward from the main wall plane a distance equal to two times the building height. The projecting wall must be not less than 50 percent nor more than 125 percent of the adjacent building wall height. The wing wall may contain an angled, sloped or curvilinear profile; and
(2) 
The remainder of the street-facing façade includes reveals, surface texture, contrasting colors, panel offsets of no less than eight inches, panel height changes of no less than 18 inches, and variations in the parapet or roof profiles.
(g) 
Multi-tenant campuses.
(1) 
Site design.
The design of individual buildings must contribute to the uniqueness of an office or technology campus with predominant materials, elements, features, color range and activity areas tailored to the site and its context within the community. The predominant design characteristics must be shared by all buildings in the development so that the buildings form a cohesive campus community.
(2) 
Façade treatment.
To establish architectural interest and variety and avoid the effect of a single, long or massive wall with no relation to human size, the following additional standards shall apply:
a. 
Buildings shall maintain variation in massing.
b. 
A single, large, dominant building mass shall be avoided.
c. 
Horizontal masses shall not exceed a height/width ratio of one vertical to four horizontal, without substantial variation in massing that includes a change in height and projecting or recessed elements.
d. 
There must be changes in mass related to building entrances.
e. 
No façade that faces a street or connecting walkway shall have a blank, uninterrupted length exceeding 30 feet without including at least three of the following:
i. 
Change in plane;
ii. 
Change in color;
iii. 
Change in texture or masonry pattern;
iv. 
Windows;
v. 
Porticos, awnings or canopies; or
vi. 
Visual architectural features such as:
a) 
Columns;
b) 
Ribs or pilasters;
c) 
Piers and fenestration pattern; or
d) 
An equivalent element that subdivides the wall into human scale proportions.
vii. 
Side or rear façades:
a) 
Façades that face walkways or public streets may include false windows and door openings defined by frames, sills and lintels, or similar modulations of the wall, only when actual doors and windows are not feasible because of the nature of the use of the building.
b) 
Façades of buildings shall include design characteristics consistent with those on the front, excepting façades which are not visible from the public right-of-way or common open space.
(h) 
Roadway landscaping.
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.
(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-8 Downtown.

(a) 
Generally.
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.
(b) 
Building requirements.
(1) 
Building form.
a. 
Retail and mixed-use buildings must provide for pedestrian-scale and orientation, as follows:
i. 
As set out in table 28-2-13-1, building standards, commercial and mixed-use buildings must be built to or within five feet of the property line or street right-of-way to define a pedestrian-oriented streetscape. When a new or redevelopment building site is designed for outdoor dining or a recessed plaza, the front setback may be increased by no more than 15 feet with approval of the ZBA.
ii. 
Buildings must utilize elements such as massing, windows, canopies, and articulated roof forms to create a visually distinct building base, middle, and top (See figure 28-3-8-1, horizontal articulation).
iii. 
Each building must include functional and identifiable public entrance(s) along the street frontage. The entrance must be emphasized by incorporating changes in mass, surface, or finish.
iv. 
Buildings located on corners of streets and public spaces must include special building features, such as towers, cupolas, pediments, chamfering, rounded corners, or balconies.
b. 
Residential building types must comply with the lot and building standards per table 28-2-13-1, building standards, as well as the relationship to the street as per figure 28-2-13-2, building frontage types.
Figure 28-3-8-1
Horizontal Articulation
028 Figure 28-3-8-1.tiff
(2) 
Massing and scale of street frontages.
The public-facing façades of adjacent buildings must be architecturally differentiated by varying at least three of the following:
a. 
Variations in building heights;
b. 
Building insets or projections of at least two feet that extend the full height of the building;
c. 
Material changes for different building planes or elements;
d. 
Changes in color to accentuate horizontal or building elements;
e. 
Accents through the use of moldings, sills, cornices, canopies, or spandrels; or
f. 
Other façade features, such as an arcade, balcony, gallery, oriel or bay windows, pavilion, pergola, porches, porticos, terrace, tower, or vestibules.
(3) 
Architectural details.
a. 
Exterior lighting.
Exterior lighting must be an integral part of the architecture, sign, and landscape or hardscape design. Street lighting must be of a maximum height of 12 feet and consistent with the character of the district. Sidewalk lighting may be a maximum of three feet in height.
b. 
Street furniture.
Public seating, trash receptacles, and directional kiosks must be of uniform design and provided throughout district, approved by the Planning and Zoning Commission. Street trees, landscaping, weather protection, public art, street furniture, and other pedestrian amenities in public rights-of-way and plazas must provide a minimum passable sidewalk width of four feet.
c. 
Awnings, sunshades, and canopies.
Weather protection is required for pedestrian street frontages with ground floor commercial use. Weather protection elements must extend at least six feet from the building, may be no closer than two feet to a street curb and must have a minimum clearance of eight feet and a maximum height of 12 feet. Internally illuminated awnings are prohibited.
d. 
Fenestration.
i. 
Façades.
Any public-facing facade must incorporate fenestration. Fenestration patterns for street-level commercial uses must have a minimum 60 percent transparency between two feet and eight feet in height that allow views of indoor space or product display areas. Glass curtain walls, reflective glass, and painted or dark tinted glass are prohibited.
ii. 
Street visibility.
Upper and lower-story windows must be designed to overlook streets and public spaces to make these spaces comfortable and safe.
iii. 
Modulation.
The roof line of buildings must be modulated and include architectural features such as a decorative eave, trim, or cornice.
iv. 
Articulation.
Public-facing building façades must be articulated with projections or recesses that cumulatively equal 15 percent of the average building wall height, with a minimum depth of two feet. Such variations will contribute to the building architecture, which may be expressed in any manner provided the cumulative relief is achieved, as shown in figure 28-3-8-2, building wall articulation. The base of buildings must be articulated through use of plinths, pilasters, or other elements.
Figure 28-3-8-2
Building Wall Articulation
028 Figure 28-3-8-2.tiff
e. 
Residential-only buildings.
i. 
Buildings must have a primary entrance on the front façade which shall face a public or private right-of-way.
ii. 
Covered front porches shall be 100 sq. ft. for single-family detached dwellings, single-family attached dwellings, stoops, and/or balconies are required on the street-facing facades of residential buildings.
iii. 
Four or more of the following architectural features must also be present: wall sconces, a cupola or other tower element, oriel or bay window, exterior window molding, pointed spires, pilasters, dormers, gables of varying size and/or height, molding which provides relief on exterior, transom windows, metal roofs, chimneys, operable shutters, pier and beam including steps to the primary entrance, window awnings, half-radius top windows, or some other feature which provides visual interest.
iv. 
New residential buildings shall have a slab foundation or pier and beam foundation no more than 30 inches above grade.
v. 
New or reconstructed buildings must be built to the setbacks set out in table 28-2-13-1, building standards; provided, however, the front setback may be the average of the dwellings along the block face, excluding the lot of the new building.
vi. 
Where a residential structure is setback 15 feet or more from the property line, a fence or wall is required on the boundary at a height of no more than 48 inches to demarcate the private from the public sphere and promote walkability.
f. 
Carports.
Carports in the Downtown District must be entirely hidden from public view.
g. 
Garages.
The garage door of a garage facing a public right-of-way shall be set-back from the primary entrance, face an alleyway, not face the public right-of-way, or face the side street on a corner lot.
(c) 
Pedestrian and bicycle improvements.
The applicant is responsible for the installation of the following pedestrian and bicycle facilities.
(1) 
Sidewalks must:
a. 
Be installed to connect public walkways to all building entrances, parking structures or areas, open spaces, and any other destinations warranting pedestrian access;
b. 
Connect to existing sidewalks on abutting and adjacent lots or tracts; and
c. 
Include a minimum six-foot pedestrian zone and six-foot tree zone with a minimum one-foot dismount area from the back of curb. (See figure 28-3-8-3, sidewalk cross-section.)
(2) 
Bicycle linkages must:
a. 
Connect to existing or planned future trails and bikeways;
b. 
Be designed, striped, and signed separately from vehicular use and circulation areas; and
c. 
Connect to bicycle parking areas distributed throughout the mixed-use development according to the standards set out in section 28-3-21, bicycle parking.
Figure 28-3-8-3
Sidewalk Cross-Section
028 Figure 28-3-8-3.tiff
(d) 
Civic space.
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.
(1) 
Amount required.
The minimum required civic space is five percent of the net developable land area within the development.
(2) 
Types of civic space.
Various types of civic space may be provided, but must include a central space such as a park, square, green, or plaza, as displayed in figure 28-3-8.5, types of civic space.
Figure 28-3-8-4
Types of Civic Space
Park
028 Figure 28-3-8-4 Park.tiff
Green
028 Figure 28-3-8-4 Green.tiff
Square
028 Figure 28-3-8-4 Square.tiff
Plaza
028 Figure 28-3-8-4 Plaza.tiff
Source: SmartCode
(3) 
Active and passive.
Additional civic spaces may include active recreation facilities as well as passive open spaces such as greenways, creeks, detention or retention ponds, drainage areas, or similar types of open space.
(4) 
Requirements.
a. 
A minimum of five percent of the development within the DD district must be developed as civic space. Permanent wet ponds (excluding on-site detention basins and other stormwater impounding areas) may be counted for up to 20 percent of the civic space requirement.
b. 
The civic space must be located near the middle of the development and must be easily accessible from all dwelling units and non-residential buildings.
c. 
The civic space must contain a focal point such as public art or a sculpture, pavilion, or hardscape plaza with a fountain or other iconic feature to help identify the space as a primary gathering place for the downtown.
d. 
The civic space must be owned and maintained by a property owners' association (POA), property owner, or another city-approved legal entity.
(e) 
Parking.
(1) 
On-street.
The street cross-sections for the DD are constrained by existing rights-of-way. These cross-sections are shown in figure 28-3-8-2, building wall articulation, which provide for on-street parallel parking on local and collector streets. Where feasible, these streets may be designed to accommodate angled parking in certain locations. No on-street parking is planned along the designed arterial streets, unless the cross-section is reconfigured and engineered for the expected traffic volumes.
(2) 
Off-street.
Off-street surface parking may not front on any arterial street or highway, except for those properties that front FM 1093 and can fit parking within their required front setback. Given the character and pedestrian scale of the downtown, off-street parking is prohibited within a front and/or street side yard of any multiple-family, civic, institutional, commercial, mixed-use. If the parking surface is placed at the rear, then a fence or wall will be required only where the parking surface abuts a public right-of-way, excluding alleys.
a. 
When any type of permit or approval is sought for a property with existing surface parking, the lot must be improved by:
i. 
A five-foot pervious planting strip adjacent to all streets and vehicular use areas that meets the screening requirements in figure 28-3-8-3, sidewalk cross section; or
ii. 
Construct a three-foot tall fence or wall to screen the parking lot edge; and
iii. 
Provide landscaped parking islands in conformance with figure 28-3-8-3, sidewalk cross section.
b. 
Surface lots may only be accessed from a local street or alley. Such parking shall be arranged in individual lots of no more than 60 spaces, interconnected with alleys or drives. Each lot must be landscaped per the standards set out in section 28-2-13, downtown (DD).
(3) 
Shared parking.
Uses within a radius of 500 feet may have different hours of operation and peak parking demand hours. The use of shared parking reduces the amount of impervious area, improves site efficiency, and maintains the traditional, walkable nature of the downtown. In these instances, the city may allow a reduction in the required number of spaces. To do so, an applicant may submit a shared parking study to demonstrate that the parking required for mixed-uses is less than the cumulative total of the parking requirements for each individual use. The shared parking study is required to be undertaken by a qualified, certified traffic engineer.
(f) 
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.
(1) 
Cladding and finishes for support columns and other vertical structural components shall match or be consistent with the principal and accent materials of the principal building.
(2) 
The roof structure of the canopy shall match or be consistent with the roof structure of the principal building in terms of pitch, roofing materials, and colors.
(3) 
Downspouts and related hardware shall be integrated into the canopy structure.
(g) 
Awnings and canopies.
Awnings and canopies, if installed, shall:
(1) 
Be attached and integral to the principal structure;
(2) 
Not obstruct any windows;
(3) 
Have a minimum clearance of eight feet (16 feet for drive-under canopies) from finished grade to the bottom of an awning or a canopy;
(4) 
If they are freestanding, be of a similar style, material, color, and lighting as those attached to the principal building;
(5) 
Project a maximum of six feet from the principal building; and
(6) 
Not exceed 100 feet in length.
(h) 
Arcade treatment.
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.
(i) 
Screening of mechanical and service equipment.
(1) 
Ground-level equipment.
Ground-level exterior equipment, such as mechanical components, electrical drops, utility meter banks, and heating/cooling controls, shall be completely screened from ground-level public view through building wall extensions or installation of structural enclosures or dense, year-round vegetation.
a. 
Structural enclosures or hedges that are used to satisfy this screening requirement shall be maintained at a height that is at least one foot higher than the equipment.
b. 
Structural enclosures shall use materials and colors that match or are consistent with the design and materials of the principal building.
(2) 
Building-mounted equipment.
Building-mounted exterior equipment shall be completely screened from ground-level public view through installation of structural enclosures or dense, year-round vegetation consistent with the screening provisions in subsection a., below.
a. 
Where complete screening using the specified methods is not practical, building-mounted equipment shall be painted to match the color of the building façade.
b. 
Gutters, downspouts, and related building-mounted hardware for conveying stormwater shall match the color of the building façade, whether through the choice of hardware used or painting of the hardware to achieve this consistency. Any such hardware and associated painting shall be maintained in sound condition at all times.
(3) 
Rooftop equipment.
Rooftop exterior equipment shall be completely screened from ground-level public view through design, materials, and colors that match or are consistent with the overall building design. This may include, but is not limited to, use of sloped roofs or other architectural elements of adequate height, such as parapet walls or cornice treatments, that conceal roof areas where mechanical equipment is mounted.
(j) 
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.
(k) 
Parking structures.
(1) 
Architectural consistency.
Parking structures shall be designed for architectural consistency with the primary building served or other nearby buildings in terms of façade design and variation, finish materials, and shielding of unfinished structural elements and mechanical equipment.
(2) 
Special design elements.
Parking structures shall include architectural and landscape elements that enhance the garage appearance and help to screen parked vehicles and interior lighting from external view. Such elements may include, but are not limited to, decorative screens, trellises with or without associated vegetation, or façade and roofline variation.
(l) 
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 façade or roof material.
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2023-1433, 9-19-2023; Ord. No. 2024-1453, 4-16-2024; Ord. No. 2025-1481, 3-18-2025; Ord. No. 2025-1502, 9-16-2025)

§ 28-3-9 Purpose.

The purpose of this division is to ensure that:
Adequate off-street parking is provided;
Standards are established for the functional design of off-street parking facilities;
Sufficient parking is provided in nonresidential areas that are near residential neighborhoods, so that the character and quality of life in the residential neighborhoods are protected from overflow parking;
Adequate loading areas are provided that do not interfere with the function of other vehicular use areas;
Adequate stacking areas are provided to ensure safe and efficient circulation within sites that contain drive-in or drive-through uses;
Access to sites is managed to maintain the desired function and safety of the adjacent street(s); and
Vehicular use areas and sites are designed and lighted to promote public safety without creating undue light pollution and off-site glare.
(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-10 Applicability.

(a) 
Districts.
Development shall comply with all provisions of this division and provide the quantity of parking spaces required in the district tables in sections:
(1) 
Section 28-2-5, estate residential (ER);
(2) 
Section 28-2-6, suburban residential (SR);
(3) 
Section 28-2-8, semi-urban residential (SU);
(4) 
Section 28-2-11, suburban commercial (SC).
(5) 
Section 28-2-14, general commercial (GC);
(6) 
Section 28-2-13, downtown (DD);
(7) 
Section 28-2-12, suburban office (SO); and
(8) 
Section 28-2-15, industrial (IN).
(b) 
Change in demand.
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).
(c) 
Change in use.
Changes in the use(s) of existing buildings that result in fewer required parking spaces shall not be required to provide additional parking spaces.
(d) 
Timing of compliance.
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.
(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-11 Computing parking.

(a) 
Generally.
The standards of this section set out the means for calculating the number of parking spaces required for specific land uses.
(b) 
Rounding.
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.
(c) 
Variables for calculating the required parking.
The variables used for parking calculations are measured as follows:
(1) 
Gross floor area.
Unless otherwise indicated, parking requirements are based on gross floor area (GFA). Gross floor area for the purpose of this calculation shall exclude any interior space used for the parking or loading of vehicles.
(2) 
Per dwelling unit (DU) or per bedroom (BR).
The phrase "per dwelling unit" means that the number of parking spaces is calculated based on the number of dwelling units. In some cases, the parking requirements are based on the number of bedrooms (per "#" BR unit) in the dwelling units.
(3) 
Per bed.
The phrase "per bed" means that the number of parking spaces is based on the number of beds in the facility instead of the number of sleeping rooms or some other measure. Per bed calculations are normally applied to uses that offer residential care or overnight accommodations with shared rooms.
(4) 
Per employee.
The phrase "per employee" means that the number of parking spaces is based on the number of employees during the shift in which the maximum number of employees is present.
(5) 
Per square feet (sf.) of assembly area.
The phrase "per sf. of assembly area" means that the number of parking spaces is based on the number of square feet in the largest room used for assembly (e.g., at a school, this is often a gymnasium, but it could also be a theater or a lunch room).
(6) 
Others.
Other variables are measured according to their common meanings.
(d) 
Uses that involve fleets or vehicle inventory.
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.
(e) 
Multiple nonresidential uses.
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.
(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-12 Shared parking.

With the approval of a site plan pursuant to section 28-7-19, site plan, off-street parking facilities for different uses or for mixed uses may be provided and used collectively or jointly in any zoning district in which separate off-street parking facilities for where each land use would be permitted, subject to the following provisions:
(a) 
Legal document required.
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.
(b) 
Percentage reduction.
A reduction in parking requirements is permitted up to 60 percent for land uses that have opposite peak usage timeframes.
(1) 
Any combination of land uses selected one from group A and one from Group B is permitted.
a. 
Group A.
i. 
Amphitheater or outdoor performance venue;
ii. 
Park and outdoor recreation, non-commercial;
iii. 
Place of public assembly, indoor;
iv. 
Recreation and amusement, indoor; or
v. 
Recreation and amusement, outdoor.
b. 
Group B.
i. 
Adult day care center;
ii. 
Bank, credit union, and financial services;
iii. 
Child-care, family home;
iv. 
Child-care facility, group home;
v. 
Office, general; or
vi. 
Office, government.
(2) 
Additional land use combinations will only be permitted by specific evidence that proves that the peak usage of the parking facility will not have any overlapping timeframes.
(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-13 Off-street loading.

(a) 
Generally.
All uses shall provide off-street loading as required by this section and shall be configured as shown in this section.
(b) 
Dimensions.
(1) 
Minimum width of loading bay (side to side): 12 feet.
(2) 
Minimum length of loading bay (front to back):
a. 
For semi-trailers: 60 feet.
b. 
All other loading spaces: 25 feet.
(3) 
Minimum vertical clearance: 14 feet.
(c) 
Use.
(1) 
No motor vehicle repair work or service of any kind is permitted in conjunction with any off-street loading facilities.
(2) 
A loading space or berth may not be used to satisfy the space requirements for any off-street parking.
(d) 
Location.
(1) 
All loading spaces or berths must be located on the same lot as the use served.
(2) 
No loading space or berth may be located within 40 feet of the nearest point of intersection of any two streets or highways.
(3) 
Adequate off-street truck maneuvering space shall be provided on lot (and not within any public street right-of-way or other public property), so that trucks can maneuver to the docking area.
(4) 
No loading space or berth may be located in a required front yard, a sight distance triangle, or in a manner that results in partially or wholly obstructing an alley or other public right-of-way.
(e) 
Access.
(1) 
Each required off-street loading space or berth must be designed with appropriate means of vehicular access to a street, highway or alley in a manner which will least interfere with traffic movement.
(2) 
Off-street loading facilities shall be designed so as not to interfere with any fire exits or emergency access facilities to either a building or site.
(3) 
Where off-street loading areas are required, at no time shall any part of a truck or van be allowed to extend into a public right-of-way while the truck or van is being loaded or unloaded.
(f) 
Screening.
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:
(1) 
The length of the loading area shall be screened by a type B bufferyard that contains a six to eight-foot tall masonry wall; or
(2) 
The loading area is enclosed by a roof and a wall between the building and the property line (a "loading shed"). The screening between the loading shed and property line may be reduced to a type A bufferyard.
(g) 
Surfacing.
All open off-street loading spaces or berths must be graded and paved or otherwise improved with an all-weather, dust-free material.
(h) 
Size.
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.
(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-14 Use of off-street parking.

(a) 
Parking facility location for personal vehicles.
Personal vehicles including passenger cars, vans, pick-up trucks, camper trailers, recreational vehicles, and boats are subject the following standards:
(1) 
Location of parking.
a. 
Within enclosed structure.
Parking is permitted within any enclosed structure when such structure conforms to the regulations of its zoning district.
b. 
Outside of an enclosed structure.
Parking is permitted outside of an enclosed structure subject to the following conditions:
i. 
The requirements of section 28-3-17, surface and maintenance, are met; and
ii. 
The vehicle does not encroach on public right-of-way.
(2) 
Parking for recreational vehicles.
Parking and storage of recreational vehicles, campers, trailers, and boats is subject to the following additional conditions:
a. 
Vehicle length.
The length of the vehicle shall not exceed 20 feet if the vehicle is parked or stored in a required front yard or street side yard. Longer vehicles may be parked or stored within rear yards or interior side yards behind the required front yard setback.
b. 
The vehicle:
i. 
May not be used for the storage of goods, materials, or equipment other than those items which pertain to the use of the vehicle;
ii. 
May not be permanently connected to utility lines;
iii. 
May be used only by non-paying guests for a maximum of three consecutive days or 14 days during any calendar year; and
iv. 
Is maintained in a clean, well-kept state.
(b) 
Storage prohibited.
(1) 
Storing or displaying materials, inoperable vehicles, or parking trucks or trailers longer than 40 feet is prohibited in parking areas, unless:
a. 
The use requires outdoor storage or display on the subject property; and
b. 
The areas that are set aside for such parking are not counted towards the parking requirements for the use within the applicable district.
(2) 
The storage of trailers in loading spaces for a period in excess of 48 hours is prohibited. Such spaces shall be available for routine use by delivery vehicles.
(3) 
Trash enclosures, dumpsters, recycling or donation bins, and transformers shall not be located in required parking areas or in locations that interfere with the circulation or use of parking spaces.
(c) 
Vehicle work prohibited.
No vehicle work of any kind or nature is permitted within off-street parking lots or parking garages except for emergency repairs.
(d) 
Blocking access prohibited.
(1) 
Loading or parking spaces shall not be designed or located in a manner that blocks access to other loading spaces, parking spaces, drive aisles, fire lanes, ingress or egress points, or building entrances. However, tandem parking spaces may be used in valet lots.
(2) 
Parking within a driveway approach or across public sidewalks is prohibited.
(e) 
Dedication of spaces.
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.
(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-15 Design and use.

(a) 
Dimensions of standard parking spaces.
Parking spaces shall have the following dimensions.
(1) 
Generally:
Nine feet in width by 19 feet in standard depth.
(2) 
90-degree parking spaces that abut a curb or the edge of pavement (allowing for an overhang):
Nine feet in width by 17 feet reduced depth provided there is a six-foot-wide sidewalk or a minimum eight-foot planting area as shown in figure 28-3-15-1, parking space dimensions.
(3) 
Parallel parking spaces:
Eight feet in width by 20 feet standard depth.
Figure 28-3-15-1
Parking Space Dimensions
028 Figure 28-3-15-1.tiff
(b) 
Traffic control devices.
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.
(c) 
Vertical clearance.
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.
(d) 
Parking module dimensions.
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.
Table 28-3-15
Parking Module Standards
Measurement
Parking Space Angle (Degrees)
0/Parallel Parking
45
60
90
One Stall Row, One-Way Aisle
Stall Row Depth
8 ft.
20 ft. 7 in.
21 ft. 11 in.
19 ft.
Drive Aisle Width
13 ft. 2 in.
13 ft. 10 in.
15 ft. 6 in.
24 ft.
Minimum Module Width (row & aisle)
21 ft. 2 in.
34 ft. 5 in.
34 ft. 5 in.
44 ft.
Two Stall Rows, One-Way Aisle
Stall Row Depth
16 ft.
41 ft. 1 in.
43 ft. 8 in.
38 ft.
Drive Aisle Width
13 ft. 2 in.
13 ft. 10 in.
15 ft. 6 in.
24 ft.
Minimum Module Width (row & aisle)
29 ft. 2 in.
54 ft. 11 in.
59 ft. 2 in.
64 ft.
One Stall Row, Two-Way Aisle
Stall Row Depth
8 ft.
20 ft. 7 in.
21 ft. 11 in.
19 ft.
Drive Aisle Width
23 ft. 3 in.
20 ft.
22 ft.
24 ft.
Minimum Module Width (row & aisle)
31 ft. 3 in.
40 ft. 7 in.
43 ft. 11 in.
44 ft.
Two Stall Rows, Two-Way Aisle
Stall Row Depth
16 ft.
41 ft. 1 in.
43 ft. 8 in.
38 ft.
Drive Aisle Width
23 ft. 3 in.
20 ft.
22 ft.
24 ft.
Minimum Module Width (row & aisle)
39 ft. 3 in.
61 ft. 1 in.
65 ft. 8 in.
64 ft.
Figure 28-3-15-2
Parking Module Dimensions
Illustrative dimensions for two stall row parking module
028 Figure 28-3-15-2(1).tiff
Illustrative dimensions for two stall row parking module
028 Figure 28-3-15-2(2).tiff
(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-16 Stacking requirements.

(a) 
Generally.
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.
(b) 
Requirements.
Uses that include drive-through service or a car wash shall not have fewer than the following numbers of stacking spaces:
(1) 
Financial institutions, convenience stores, or pharmacies:
Four stacking spaces per drive-through station.
(2) 
Drive through restaurants:
a. 
If two service windows are provided (one for payments and one for pick-up):
i. 
Four stacking spaces to each menu board;
ii. 
Four stacking spaces between the menu board and the first window (including the position at the first window); and
iii. 
Two spaces between the first window and the second window (including the position at the second window). See figure 28-3-16, illustrative stacking requirements.
Figure 28-3-16
Illustrative Stacking Requirements
028 Figure 28-3-16.tiff
b. 
If one service window is provided (for both payments and pick up):
i. 
Six stacking spaces to each menu board; and
ii. 
Five stacking spaces between the menu board and the service window.
(3) 
Drive-through only uses:
In buildings with less than 300 square feet of floor area and no separate menu board (e.g., coffee stands, photo processing): Three stacking spaces per service window.
(4) 
Dry cleaners:
Two stacking spaces, including the position at the window.
(5) 
Car wash:
Two stacking spaces, including the car stall.
(6) 
Day care center:
Five stacking spaces, including the car stall.
(c) 
Design.
(1) 
Stacking lanes shall be clearly marked and shall not interfere with on-site or off-site traffic circulation.
(2) 
Stacking areas shall not be located between the façade of a building and the public street upon which the building fronts.
(3) 
Stacking lanes shall be designed with an abutting eight-foot wide bypass lane.
(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-17 Surface and maintenance.

(a) 
Surfacing.
(1) 
Generally.
Off-street parking and vehicular use areas shall be surfaced, graded and constructed with Portland cement concrete (PCC) or asphalt. Such surface must protect against potholes, erosion, and dust.
(2) 
Exceptions.
a. 
A permeable parking surface may be used on 20 percent of the total surface area of the required lot provided that the location of the permeable surface is not used in a drive aisle.
b. 
Within the storage yards of uses within the IN district, less durable surfaces for portions of off-street parking facilities are permitted provided that:
i. 
The perimeter of such areas is defined by curbing, bricks, stones, railroad ties, or other similar devices;
ii. 
Surfaces with loose materials are set back at least 25 feet from public street right-of-way;
iii. 
The material does not generate an inordinate amount of dust;
iv. 
The proposed location is proximate to on-site storm water control devices; and
v. 
The area does not exceed 25 percent of the required parking area for the site.
(b) 
Maintenance.
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.
(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-18 ADA parking.

(a) 
Location of spaces.
The spaces designated for ADA compliance shall be the spaces that are closest to the front door of the business.
(b) 
Number of spaces.
(1) 
Required parking spaces.
The Americans with Disabilities Act (ADA) requires a certain number of required disabled parking spaces as part of new development and redevelopment. The required disabled parking spaces shall be incorporated into, rather than in addition to, the overall number of parking spaces required in all zoning districts, as established in the zoning district tables titled, permitted uses and minimum off-street parking spaces, in division II-2, zoning districts:
(2) 
Specific number of required spaces.
The minimum number of required disabled parking spaces is set out in table 28-3-18, parking for persons with disabilities.
Table 28-3-18
Parking for Persons with Disabilities
Number of Standard Automobile Spaces
Number of Required Disabled Parking Spaces
Number of Disabled Spaces that Must be Van Accessible
1 to 25
1
1
26 to 50
2
1
51 to 75
3
1
76 to 100
4
1
101 to 150
5
1
151 to 200
6
1
201 to 300
7
1
301 to 400
8
1
401 to 500
9
2
501 to 1,000
2 percent of total
1 out of 8 disabled parking spaces, rounded up
1,001 and over
20, plus 1 for each 100 over 1,000
1 out of 8 disabled parking spaces, rounded up
(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-19 Special studies.

(a) 
Generally.
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.
(b) 
Special studies.
Required parking for these uses shall be established according to the following standards:
(1) 
Requirements.
a. 
A special study shall be conducted by a qualified, certified traffic engineer at the applicant's and/or owner's expense.
b. 
The special study shall provide:
i. 
A peak parking analysis of at least five functionally comparable uses; and
ii. 
Documentation regarding the comparability of the referenced uses, including: name, function, location, gross floor area, parking availability, access to transportation networks (including vehicular, bicycle, pedestrian, and transit, as applicable), use restrictions, and other factors that could affect the parking demand.
(2) 
Approval of special study.
The city may rely upon the special study or may request additional information or analysis, including, but not limited to: alternative or new data points, or consideration of additional or alternative factors related to comparability or peak demand, as supported by sound engineering principles.
(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-20 Site access and circulation.

(a) 
Ingress and egress.
(1) 
Direct access to a public street.
Adequate provision for ingress and egress to all parking spaces shall be provided by driveways or maneuvering areas with direct access to a public street or to a private right-of-way easement.
(2) 
Cross access.
Cross access shall be provided for all non-residential developments to all property lines that do not run adjacent to right-of-way.
(3) 
Easement requirements.
A private right-of-way easement shall be:
a. 
Legally binding in form and substance;
b. 
Recorded in the office of the register of deeds of Fort Bend County; and
c. 
A certified copy of the same, with evidence of recording thereon, shall be filed with the administrator.
(b) 
Required driveway design.
(1) 
One-way driveways shall be:
a. 
At least 12 feet wide when the angle of parking is 45 degrees; and
b. 
Seventeen feet, six inches when the angle of parking is 60 degrees.
(2) 
Parking facilities other than driveways for single-family and manufactured home residential uses and on-street parking must permit vehicles to enter a street in a forward position.
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2024-1453, 4-16-2024)

§ 28-3-21 Bicycle parking.

(a) 
Generally.
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.
(b) 
Bicycle parking design standards.
If provided, bicycle parking shall be designed with the following characteristics:
(1) 
The bicycle frame and one wheel can be locked to the rack with a high security, U-shaped lock with both wheels left on the bicycle (designs that only allow one locking point at the wheel are prohibited);
(2) 
A bicycle that is six feet long can be securely held with its frame supported so that the bicycle cannot be pushed or fall in a manner that will damage the wheel components; and
(3) 
The racks are securely anchored to a hard surface as shown in figure 28-3-21, illustrative permitted bicycle parking system.
Figure 28-3-21
Illustrative Permitted Bicycle Parking System
028 Figure 28-3-21.tiff
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2023-1433, 9-19-2023)

§ 28-3-22 Purpose.

The standards and requirements set out in this division are intended to:
(a) 
Protect and preserve the appearance and character of the community;
(b) 
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;
(c) 
Protect the value of the city's natural heritage; and
(d) 
Establish standards for removal, maintenance, and planting of trees.

§ 28-3-23 Applicability.

(a) 
Generally.
(1) 
Development landscaping.
There are two types of development landscaping:
a. 
Site landscaping; and
b. 
Parking lot landscaping.
(2) 
Bufferyard landscaping.
Bufferyards are required based on zoning, development type, or right-of-way type that is adjacent to a parcel proposed for development. Bufferyards may be required along and between:
a. 
District boundaries with varying levels of intensity;
b. 
Housing types within planned neighborhoods;
c. 
Different types or intensities of uses within a mixed-use development; and
d. 
Certain rights-of-way such as railroads, state highways, or farm-to-market roads.
(b) 
Application of standards.
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.
(c) 
Exceptions.
The following are exempted from this division:
(1) 
Reconstruction or replacement of a lawfully existing use or structure following a casualty loss;
(2) 
Remodeling, rehabilitation or improvements to existing uses or structures which do not substantially change the location of structures, parking, or other site improvements;
(3) 
Enlargements of existing uses or structures which increase floor area or impervious coverage area by less than 25 percent. Where such enlargements are 26 percent or greater, these provisions shall apply only to that portion where the new development occurs.
(4) 
Sites that are proposed for redevelopment or substantial improvement, where due to the geometry of the site or existing improvements, installation of landscaping would be impractical or unreasonable, in which case the administrator may approve a lesser landscaping requirement, provided that the reduction of landscaping standards is only to the extent necessary to make the installation practicable. In no case shall this exception be interpreted to lessen these requirements for reasons other than those provided within this section.
(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-24 Plant materials and locations.

(a) 
Approved plants.
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.
(b) 
Allowed plants.
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:
(1) 
Is not on the Texas State Noxious Weed List, as provided by the United States Department of Agriculture (USDA);
(2) 
Is either native to the region or not invasive; and
(3) 
Provides habitat for native wildlife or migratory birds.
(c) 
Prohibited plants.
Plants that are on the Texas State Noxious Weed List, as provided by the USDA.
(d) 
Prohibited non-living landscape material.
Rubber mulch is prohibited as a landscaping material.
(e) 
Minimum size of plants at installation.
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.
Table 28-3-24
Minimum Size of Plants at Installation
Type of Plant Material
Minimum Size at Installation
Canopy Tree
2.5-inch caliper
Small Tree
2.5-inch caliper
Evergreen Tree
6 foot in height
Shrub
18-inch height or spread
(f) 
Distance from utilities.
(1) 
No canopy trees shall be planted within 25 lateral feet of any overhead utility lines.
(2) 
No trees shall be planted over or within five lateral feet of any underground utility line, or as required by the owner of the utility.
(g) 
Sight distance triangles.
Plant materials shall not be installed where they may compromise a sight distance triangle.
(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-25 Landscape requirements.

(a) 
Generally.
(1) 
Applicability.
Site landscaping is required around multiple-family buildings, civic, institutional, commercial office and retail, industrial, and mixed-use buildings.
(2) 
Planting requirements.
The required number of canopy and small trees and shrubs or ornamental grasses as set out in the respective zoning district.
(3) 
Substitution.
Small trees may be substituted for canopy trees where there is sufficient room for the healthy growth and stability of the tree at a rate of three canopy trees per one canopy tree.
(4) 
The mulch surrounding trees and shrubs that are within the right-of-way shall not exceed three inches in thickness or height so as not to prohibit healthy plant growth.
(b) 
Foundation landscaping.
(1) 
Building foundation plantings shall be required for all multiple-family, civic, institutional, commercial, and mixed-use sites as set out in table 28-3-25, foundation planting requirements.
(2) 
Building foundation planting must include a combination of low height plant materials (shrubs, ornamental grasses, perennials) and shall be installed and maintained next to and along all building foundation lines where not impeded by building entrances, loading areas, and sidewalks. Foundation plantings may be installed at grade, in raised planters, or decorative plant containers.
(3) 
Foundation plant materials shall not count towards the fulfillment of any other landscaping requirement.
Table 28-3-25
Foundation Planting Requirements
District
Minimum Radius Around Building
Front and Street Side
Side
Rear
SC, GC, DD, SO
10 ft.
8 ft. 1
6 ft. 1
IN
8 ft.
6 ft. 1
NA
TABLE NOTE:
Where planting areas are required, they may be crossed with sidewalks to provide access to the building or buildings.
1 Foundation plantings are required when adjacent to a parking lot or drive-through on the same or adjacent lot.
(c) 
Off-street parking, driveways and loading areas.
(1) 
Parking lot design.
a. 
All rows of parking shall be terminated with a curbed landscaped island that is a minimum nine feet wide and no less than 16 feet in length (32 feet in length for head-to-head parking stalls).
b. 
No off-street parking or loading area shall be more than 75 feet from an canopy tree located within a landscaped open space area.
c. 
Sidewalks that abut the front edge of any parking stall shall be no less than seven feet wide to accommodate a two feet vehicle overhang.
(2) 
Landscaping required.
All parking lot islands shall be landscaped with a combination of turf grass, ornamental grass plantings, plant beds, shrubs, and trees. Rock, chip brick, pavers, pavement and similar hard surfacing shall not be permitted within a parking lot island. Sidewalks may be constructed within a parking lot island as necessary to accommodate pedestrian circulation. No less than one canopy tree shall be planted within each required landscaped island. See figure 28-3-25, off-street parking, driveways, and loading areas.
(3) 
Parking lot screening.
Whenever an off-street parking area fronts along a public street an average of one canopy tree and two small trees shall be planted every 50 feet within the parking lot setback area. Additionally, a minimum three-foot tall vehicle headlight screen shall be installed between the parking lot and the adjoining street along the entire linear frontage. This screen can be constructed with any combination of ornamental grasses, shrubs, earth berming, and low masonry walls.
Figure 28-3-25
Off-Street Parking, Driveways and Loading Areas
028 Figure 28-3-25.tiff
(d) 
Street trees required.
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.
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2025-1481, 3-18-2025)

§ 28-3-26 Land clearing and tree credits.

(a) 
Applicability.
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.
(b) 
Exemptions.
The following activities shall be exempt from this section:
(1) 
Gardening and farming;
(2) 
Landscape installation and maintenance;
(3) 
Land clearing or grading that disturbs an area less than 2,000 square feet;
(4) 
Exploratory digging or boring by a soils engineer, geologist, archeologist, or similar professional for the purposes of investigating site conditions;
(5) 
Excavations for wells or utilities; and
(6) 
Land clearing, grading, removal or stockpiling of soil, sand, gravel, or rock as part of a permitted operation, such as a sand and gravel materials plant.
(c) 
Standards.
(1) 
Grading and drainage.
All sites will be graded to maintain stable slopes and so as not to negatively impact adjoining properties. Grading and storm water management facilities will be designed, installed, and maintained so that surface and storm water appropriately drains to an approved facility or drainage way and in accordance with all rules governing drainage and storm water management.
(2) 
Sediment and erosion control.
All sites will employ appropriate sediment and erosion control measures and comply with all rules governing sediment and erosion control.
(d) 
Credits for significant trees.
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.
(e) 
Rate of credit.
Table 28-3-26, tree preservation credit, identifies the rate at which credit will be given for the preservation of trees of significance.
(f) 
Tree preservation for residential and commercial development.
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.
Table 28-3-26
Tree Preservation Credit
Significant Tree Caliper Size
Landscape Credit Per Canopy Tree
6 to 12 inches
3
12 to 24 inches
4
24 to 36 inches
5
Greater than 36 inches
6
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2025-1485, 5-6-2025)

§ 28-3-27 Bufferyards.

(a) 
Generally.
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").
(b) 
Classifications.
(1) 
Types.
There are three types of bufferyards, each of which vary in width and the numbers and types of plants required per 100 linear feet, or portion thereof. The minimum planting requirements for each type and composition of bufferyard are set out in table 28-3-27, bufferyard classifications.
(2) 
Composition.
Bufferyards may be classified as:
a. 
Structural, which include the use of a wall or a fence to achieve the required level of screening; and
b. 
Natural, which include the use of an earthen berm and a higher density of plant materials.
Table 28-3-27
Bufferyard Classifications
Type
Width
Required Plantings per 100 Linear Feet (Structural/Natural)
Height of Berm, Wall or Fence1
Canopy Trees
Evergreen Trees
Noncanopy Trees
Shrubs
Type A
5 ft.
1/2
1/2
1/3
20/25
Type B
10 ft.
2/3
2/2
2/1
20/20
Type C
20 ft
3/6
3/3
3/4
30/30
6 ft.
TABLE NOTE:
1 A berm, wall, or fence is not required for natural bufferyards.
(c) 
District standards.
The required bufferyards for the SC, GC, DD, SO, and IN districts are set out in division II-2, zoning districts.
(d) 
Other buffering requirements.
If a bufferyard is required by another section of this CDO, then the greater requirement shall supersede the lesser requirement.
(e) 
Adjacent development.
(1) 
No bufferyard.
Where the adjoining property is an existing single-family detached or attached property or development that does not have the required bufferyard, the multiple-family, civic, institutional, commercial, industrial, and mixed-use development shall provide a bufferyard of the next higher classification than required (e.g., type A bufferyard, the parcel must install a type B bufferyard).
(2) 
Compatibility.
New residential development is required to provide an increase in the level of screening of a bufferyard (e.g., type A to type B) when adjacent to an existing single-family detached or attached residential use or district if:
a. 
The lot width(s) of the new development is(are) less than 80 percent of the lot widths of the nearest existing lot(s);
b. 
The building height(s) of the new development is(are) more than eight feet taller than the building height(s) of the nearest existing lot(s); or
c. 
The housing type(s) located on the lots abutting existing development is(are) denser than the existing development (e.g., single-family attached or multiple-family abutting single-family detached).
(f) 
Existing buffer treatments.
(1) 
Generally.
Existing trees, fences, and walls may be counted toward the bufferyard requirements, provided the trees are in good health and the fences or walls are structurally sound, in good repair, and of an upright condition.
(2) 
Credit.
a. 
Credit shall be given for existing trees that are located within bufferyards according to the standards of section 28-3-26, land clearing and tree credits.
b. 
Credit shall be given for a structural bufferyard if an existing fence or wall is on or near the property line, provided:
i. 
The fence or wall meets the requirements of this section;
ii. 
The height and level of screening meets the intent of this section; and
iii. 
The applicant records an agreement with assurances to repair or replace the fence or wall if it is damaged, destroyed, or removed.
(g) 
Parking and vehicular use bufferyards.
(1) 
Generally.
a. 
The required bufferyards set out in division II-2, zoning districts, are to mitigate headlight glare on adjacent property and to reduce the aesthetic impact of parked cars.
b. 
Vehicular use areas, such as parking lots, drive-through and drive-in lanes, stacking areas, and common drives shall also be buffered as set out in division II-2, zoning districts.
(2) 
Where required.
Bufferyards are required:
a. 
Between parking lots and adjacent properties unless:
i. 
The area is occupied by a building; or
ii. 
Another required bufferyard provides ample screening.
b. 
Between parking lots and streets, except in areas where:
i. 
The elevation of the parking lot is three feet or more below the crown of the street; or
ii. 
The area is occupied by a building; or
iii. 
Another required bufferyard provides ample screening.
(3) 
Composition.
Parking lot bufferyards shall be composed of one or a combination of the following:
a. 
A three-foot tall masonry wall measured from the surface of the parking lot closest to the wall;
b. 
An earthen berm with a maximum 3:1 slope mounded to a minimum height of three feet, provided shrubs are planted along 50 percent of the linear dimension required to be screened;
c. 
Shrubs planted in a continuous buffer to a minimum height of three feet or five feet if ornamental grasses are used in lieu of shrubs. The landscape area shall be set back three feet from the edge of pavement or the face of the curb or parking bumper facing the parking space. See figure 28-3-27, parking lot bufferyard.
Figure 28-3-27
Parking Lot Bufferyard
028 Figure 28-3-27.tiff
(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-28 Screening and fencing.

(a) 
Obstructions.
(1) 
No fence, screen, wall, or other visual barrier shall be located or placed to obstruct the vision of a motor vehicle driver approaching within 30 feet of any street intersection.
(2) 
Where an alley intersects a street, no visual barrier taller than 30 inches may be placed within a sight visibility triangle.
(b) 
Wall finish.
All required screening walls shall be equally finished on both sides of the wall.
(c) 
Rural and residential district maximums.
In the following residential districts (SR, SU, or MH) or along the boundary between a residential and nonresidential district, the following standards apply:
(1) 
Rear and side yards.
No fence or wall shall exceed a height of eight feet above grade.
(2) 
Front yard.
a. 
The maximum height of a fence or wall shall not exceed three feet. A minimum opacity of 50 percent is required.
b. 
Fences in the manufactured home parks shall not exceed a height of four feet.
(3) 
Corner lot.
Where a corner lot is platted with two front yards, and a house is constructed facing one of the front yards, the second front yard shall also be deemed to be a front yard.
(d) 
Nonresidential and multiple-family uses.
(1) 
Contiguous to residential.
Where a multiple-family or nonresidential use is contiguous to an ER, SR, MH, or SU district, a solid wall, fence or opaque landscape screen of not less than six nor more than eight feet in height shall be erected on or near the property line separating these districts.
(2) 
Adjacent to public street.
When a side or rear yard of a multiple-family, civic, institutional, commercial, industrial, or mixed-use is adjacent to a public street, a solid wall, fence or opaque landscape screen of not less than six nor more than eight feet in height shall be erected.
(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-29 Maintenance.

(a) 
Responsibility.
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.
(b) 
Maintenance standards.
(1) 
All landscaped areas shall be kept free from refuse and debris.
(2) 
Maintenance and care of landscaping shall be according to the most current ANSI A300 Standards for Tree Care Operations.
(c) 
Landscape plan.
A landscape plan shall identify the plant installation methods and landscape maintenance program for all landscaped areas.
(d) 
Approval and timing of approval.
(1) 
In reviewing plans, adjustments in the location of plants may be required where such alterations will better serve the purposes for which they are intended.
(2) 
Landscape plans containing street trees, open spaces, site features, bufferyards, and required landscaping shall be submitted for approval at the preliminary plat application stage.
(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-30 Purpose.

The purpose of this article is to ensure that:
(a) 
Each sign user has a reasonable opportunity to provide information, identification, and/or direction to a use or property;
(b) 
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;
(c) 
The safety of the public and the viability of nonresidential corridors are promoted by reducing:
(1) 
Sign clutter;
(2) 
Conflicts between and among signs; and
(3) 
The incidence of certain design elements that tend to distract motorists;
(d) 
The character of the community is protected by requiring the proper maintenance of signs and the removal of abandoned or dilapidated signs;
(e) 
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
(f) 
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.
(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-31 Applicability.

(a) 
Generally.
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.
(b) 
Extraterritorial jurisdiction (ETJ).
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.
(c) 
No restriction on content.
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.
(d) 
Exemption for addressing.
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:
(1) 
For nonresidential uses, street addresses shall be posted at:
a. 
All primary building entrances; and
b. 
On detached signage if the address on the building is not visible from the street.
(2) 
For residential uses, street addresses shall be posted:
a. 
On the façade of the building that faces the street from which the address is taken; and
b. 
On the mailbox or mailbox support, if the mailbox is detached from the building.
(3) 
Because address signs are required, numbers and letters used for addressing are not included in the calculation of sign area if they are not more than 14 inches in height.
(e) 
Signs permitted before effective date.
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.
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2023-1423, 5-16-2023)

§ 28-3-32 Design, construction, and maintenance.

(a) 
Generally.
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.
(b) 
Sign area.
Sign area is calculated as follows:
(1) 
Generally.
The area within a continuous perimeter with up to eight straight sides that encloses the limits of text and graphics, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign's message from the background against which it is placed, excluding the structure upon which the sign is placed; but including any open space contained within the outer limits of the display face of a sign, or between any component, panel, strip, or figure of any kind composing the display face, whether or not this open space is enclosed by a frame or a border as shown in figure 28-3-32-1, sign area, generally.
Figure 28-3-32-1
Sign Area, Generally
The sign areas of the illustrative signs below are measured as the smallest area that encloses the graphics.
028 Figure 28-3-32-1.tiff
(2) 
Double-faces.
For projecting or double-faced signs, only one display face is measured in computing sign area when the sign faces are parallel, or where the interior angle formed by the faces is 60 degrees or less, provided that the signs are mounted on the same structure. If the two faces of a double-faced sign are of unequal area, the area of the sign shall be taken as the area of the larger face as shown in figure 28-3-32-2, sign area, illustration of double-faced signs.
Figure 28-3-32-2
Sign Area, Illustration of Double-Faced Signs
028 Figure 28-3-32-2.tiff
(c) 
Clearance.
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.
Figure 28-3-32-3
Sign Clearance
028 Figure 28-3-32-3.tiff
(d) 
Sign height.
(1) 
Generally.
Sign height is the distance from the average grade of the surface under the sign to the top of the sign or sign structure, whichever is higher. However, chains or brackets that suspend a shingle sign from a horizontal plane of the building, awning, or canopy are not counted, provided that:
a. 
There are no more than three chains or brackets used in the mount, and
b. 
The chains or brackets are less than three inches in width.
(2) 
Monument signs.
The height of monument signs is measured as provided in subsection 28-3-32(d)(1), below, unless the surface under the sign is lower than the centerline of the abutting street, in which case the height is measured from the average elevation of the centerline of the abutting street along the frontage of the parcel for which the sign is proposed to the top of the sign or sign structure, whichever is higher as shown in figure 28-3-32-4, monument sign height.
Figure 28-3-32-4
Monument Sign Height
028 Figure 28-3-32-4.tiff
(e) 
Illumination of signs.
(1) 
Generally.
Monument signs may be illuminated only by a reflected or internal light source.
(2) 
Shielding of light source/prevention of glare.
The source of light shall be oriented or otherwise controlled to prevent glare toward any part of an existing residence, a residential area, or a public street or highway and shall not cause a property to exceed the illumination requirements established in section 28-3-40, illuminance.
(3) 
Code compliance.
Illuminated signs shall be constructed in accordance with all applicable electrical codes.
(f) 
Electronic message board signs.
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:
(1) 
Sign is placed in front of the primary facade of the school; and
(2) 
Digital portion of the sign shall be no larger than 30 sq. ft. and shall meet all the standards that regulate monument signs in the Downtown District; and
(3) 
Constructed such that the sign does not face, shine, or reflect light in any manner or angle into a property with any residential zoning designation or use; and
(4) 
Maximum daytime lumens of 17,130; maximum nighttime lumens of 1,713; and
(5) 
Provide a minimum display time for each static image of at least six seconds; and
(6) 
Display of a solid black background with a single text color; and
(7) 
A static display with no animation, virtual movement, flashing or multimedia/video; and
(8) 
The sign shall not be illuminated before 5:00 a.m. and beyond 8:00 p.m.; and
(9) 
No special effect transitions between each static display.
(g) 
Changeable copy centers.
(1) 
Enclosure required.
Changeable copy centers (CCC) that are a component of another sign type shall be enclosed on all sides with a finish of brick, stone, stucco, finished metal, or other durable material that is used for that portion of surface of the sign face that is not a CCC. The CCC shall appear to be either recessed into the frame or flush with it. The enclosure shall extend not less than four inches outward from the CCC display on all sides.
(2) 
Size and proportions.
The total square footage of the permanent sign CCC shall not exceed the maximum sign area permitted for that sign type within the zoning district where the proposed sign is to be located.
(3) 
Design.
CCCs shall be designed as an integral part of the sign. See figure 28-3-32-5, changeable copy center design requirements.
Figure 28-3-32-5
Changeable Copy Center Design Requirements
028 Figure 28-3-32-5.tiff
(h) 
Construction and identification.
(1) 
Construction.
All permanent signs must be in compliance with the provisions of the building codes that are adopted by the city.
(2) 
Identification.
Every permanent sign shall be marked, in a conspicuous place, with the name of the sign installer and manufacturer, and the voltage of any electrical apparatus used on it.
(i) 
Maintenance.
(1) 
Generally.
Signs and the ground area around signs shall be maintained as provided in this section. These regulations apply to all signs, temporary signs or permanent, attached or detached, unless otherwise specifically provided in this section.
(2) 
Upkeep of ground around sign.
No person constructing, erecting, owning, or controlling a monument sign shall fail, refuse, or neglect to remove all weeds, rubbish, or flammable waste or material within a distance of ten feet on each side of the base of such structure.
(3) 
Sign structure, generally.
No person shall fail to keep a permanent sign and its structural supports in good repair and safe condition. This section shall be enforced as provided in division III-4, signs.
(4) 
Paint and finishes.
Paint and other finishes shall be maintained in good condition. Peeling finishes shall be repaired. Signs with running colors shall be repainted, repaired, or removed if the running colors were not part of the original design.
(5) 
Mineral deposits and stains.
Mineral deposits and stains shall be promptly removed.
(6) 
Corrosion and rust.
Permanent signs and sign structures shall be finished and maintained to prevent corrosion and rust. A patina on copper elements is not considered rust.
(7) 
Level position.
Signs that are designed to be level shall be installed and maintained in a level position.
(8) 
Damage or destruction.
Damaged signs and sign structures shall be promptly repaired (to their original condition or better) or removed. Damaged or destroyed nonconforming permanent signs are subject to the applicable requirements of article V, nonconformities. Damaged or destroyed temporary signs shall be removed.
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2025-1497, 7-15-2025; Ord. No. 2025-1502, 9-16-2025)

§ 28-3-33 Signs requiring a permit.

(a) 
Generally.
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.
(b) 
Applicability.
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:
(1) 
Section 28-2-5, estate residential (ER);
(2) 
Section 28-2-6, suburban residential (SR);
(3) 
Section 28-2-8, semi-urban residential (SU);
(4) 
Section 28-2-11, suburban commercial (SC);
(5) 
Section 28-2-14, general commercial (GC);
(6) 
Section 28-2-13, downtown (DD);
(7) 
Section 28-2-12, suburban office (SO);
(8) 
Section 28-2-15, industrial (IN).
(c) 
Total number of signs permitted for nonresidential uses.
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.
(d) 
Permitted freestanding signs.
All permanent freestanding signs shall follow the standards established in table 28-3-33-1, permitted freestanding sign types.
Table 28-3-33-1
Permitted Freestanding Sign Types
Sign Type and Limitations
Zoning District
ER, SR, SU
SC
GC
SO
IN
DD
ETJ
Illustrative Sign Example(s)
"-" = Prohibited — ft. = feet — sf. = Square Feet — DW = Down Lighting — EX = External Lighting — IN = Internal Lighting
Monument Sign
Number of Signs for residential uses
1 per subdivision entrance
-
-
1 per subdivision entrance
028 Table 28-3-33-1(1).tiff
Number of Signs Permitted for properties with one to nine businesses
1 per property
-
1 per property
Number of Signs Permitted for properties with 10 or more businesses
-
2, provided that the property has a minimum of 350 ft. of public street frontage
-
2, provided that the property has a minimum of 350 ft. of public street frontage
Maximum Sign Area
72 sf.
72 sf.
-
72 sf.
Maximum Sign Height
6 ft.
10 ft.
-
10 ft.
Maximum Sign Width
-
12 ft.
-
12 ft.
Minimum Setback
5 ft.
10 ft.
-
10 ft.
Maximum Setback
5 ft.
10 ft.
-
10 ft.
Minimum Sign Separation (separate lots)
-
50 ft.
-
50 ft.
Minimum Sign Separation (same lot)
-
100 ft.
-
-
Changeable Copy Permitted
-
-
Yes
Yes
Yes
-
Yes
Illumination Type
EX, IN
EX, IN
EX, IN
EX, IN
EX, IN
-
Yes
Other Standards
Permitted monument signs shall be:
1. The bottom portion of the sign shall rest flush against the ground, allowing no space between the ground and the bottom of the sign structure.
2. Decorative caps are permitted for each monument sign and shall not be included as part of the height calculation for that sign. All decorative caps shall not exceed the following maximum standards:
a. A maximum of two feet in height above the permitted monument sign height;
b. Extend beyond the permitted width of a sign by more than one foot on each side;
c. Are used for purely ornamental purposes; and
d. Constructed of materials identical to or similar to the construction materials used in the construction of the sign.
3. Changeable copy signs shall only comprise a maximum of 20 percent of the permitted sign area.
4. Monument signs permitted at the entrance of residential development shall only display the name of the residential development.
5. Shall be surrounded by a landscaped area that shall be made up of species found in Appendix C, be kept in healthy condition, and not block the text on the sign.
Access Sign
Number of Sign Permitted
-
1 per vehicle use area entrance and exit
-
028 Table 28-3-33-1(2).tiff
Maximum Sign Area
-
4 sf.
-
Maximum Height
-
4 ft.
-
Minimum Setback
-
3 ft.
-
Illumination Type
-
-
-
Design Standards
1. Shall only display information that for circulation around the property.
2. May contain a small corporate logo or name of a business that shall not exceed two sf. and shall count as part of the maximum permitted sign area.
Directory Sign
Number of Signs Permitted
-
1 per property with a multi-tenant building
1 per property (along FM 1093)
-
028 Table 28-3-33-1(3).tiff
Maximum Sign Area
-
2 sf. per linear foot of street frontage or 100 sf. whichever is smaller
40 sf (property along FM 1093)
-
Maximum Height
-
8 ft.
7 feet (property along FM 1093)
-
Minimum Setback
-
10 ft.
7 feet (property along FM 1093)
-
Illumination Type
-
EX, IN
-
-
Other Standards
1. The bottom portion of the sign shall rest flush against the ground, allowing no space between the ground and the bottom of the sign structure.
2. Shall not contain any logos or marketing material related to the businesses or activities shown on the sign.
(e) 
Permanent attached signs.
All permanent attached signs shall follow the standards established in table 28-3-33-2, permitted attached sign types.
Table 28-3-33-1
Permitted Freestanding Sign Types
Sign Type and Limitations
Zoning District
ER, SR, SU
SC
GC
SO
IN
DD
ETJ
Illustrative Sign Example(s)
"-" = Prohibited — ft. = feet — sf. = Square Feet — DW = Down Lighting — EX = External Lighting — IN = Internal Lighting
Monument Sign
Number of Signs for residential uses
1 per subdivision entrance
-
-
1 per subdivision entrance
028 Table 28-3-33-1(1).tiff
Number of Signs Permitted for properties with one to nine businesses
1 per property
-
1 per property
Number of Signs Permitted for properties with 10 or more businesses
-
2, provided that the property has a minimum of 350 ft. of public street frontage
-
2, provided that the property has a minimum of 350 ft. of public street frontage
Maximum Sign Area
72 sf.
72 sf.
-
72 sf.
Maximum Sign Height
6 ft.
10 ft.
-
10 ft.
Maximum Sign Width
-
12 ft.
-
12 ft.
Minimum Setback
5 ft.
10 ft.
-
10 ft.
Maximum Setback
5 ft.
10 ft.
-
10 ft.
Minimum Sign Separation (separate lots)
-
50 ft.
-
50 ft.
Minimum Sign Separation (same lot)
-
100 ft.
-
-
Changeable Copy Permitted
-
-
Yes
Yes
Yes
-
Yes
Illumination Type
EX, IN
EX, IN
EX, IN
EX, IN
EX, IN
-
Yes
Other Standards
Permitted monument signs shall be:
1. The bottom portion of the sign shall rest flush against the ground, allowing no space between the ground and the bottom of the sign structure.
2. Decorative caps are permitted for each monument sign and shall not be included as part of the height calculation for that sign. All decorative caps shall not exceed the following maximum standards:
a. A maximum of two feet in height above the permitted monument sign height;
b. Extend beyond the permitted width of a sign by more than one foot on each side;
c. Are used for purely ornamental purposes; and
d. Constructed of materials identical to or similar to the construction materials used in the construction of the sign.
3. Changeable copy signs shall only comprise a maximum of 20 percent of the permitted sign area.
4. Monument signs permitted at the entrance of residential development shall only display the name of the residential development.
5. Shall be surrounded by a landscaped area that shall be made up of species found in Appendix C, be kept in healthy condition, and not block the text on the sign.
Access Sign
Number of Sign Permitted
-
1 per vehicle use area entrance and exit
-
028 Table 28-3-33-1(2).tiff
Maximum Sign Area
-
4 sf.
-
Maximum Height
-
4 ft.
-
Minimum Setback
-
3 ft.
-
Illumination Type
-
-
-
Design Standards
1. Shall only display information that for circulation around the property.
2. May contain a small corporate logo or name of a business that shall not exceed two sf. and shall count as part of the maximum permitted sign area.
Directory Sign
Number of Signs Permitted
-
1 per property with a multi-tenant building
1 per property (along FM 1093)
-
028 Table 28-3-33-1(3).tiff
Maximum Sign Area
-
2 sf. per linear foot of street frontage or 100 sf. whichever is smaller
40 sf (property along FM 1093)
-
Maximum Height
-
8 ft.
7 feet (property along FM 1093)
-
Minimum Setback
-
10 ft.
7 feet (property along FM 1093)
-
Illumination Type
-
EX, IN
-
-
Other Standards
1. The bottom portion of the sign shall rest flush against the ground, allowing no space between the ground and the bottom of the sign structure.
2. Shall not contain any logos or marketing material related to the businesses or activities shown on the sign.
Table 28-3-33-1
Permitted Freestanding Sign Types
Sign Type and Limitations
Zoning District
ER, SR, SU
SC
GC
SO
IN
DD
ETJ
Illustrative Sign Example(s)
"-" = Prohibited — ft. = feet — sf. = Square Feet — DW = Down Lighting — EX = External Lighting — IN = Internal Lighting
Monument Sign
Number of Signs for residential uses
1 per subdivision entrance
-
-
1 per subdivision entrance
028 Table 28-3-33-1(1).tiff
Number of Signs Permitted for properties with one to nine businesses
1 per property
-
1 per property
Number of Signs Permitted for properties with 10 or more businesses
-
2, provided that the property has a minimum of 350 ft. of public street frontage
-
2, provided that the property has a minimum of 350 ft. of public street frontage
Maximum Sign Area
72 sf.
72 sf.
-
72 sf.
Maximum Sign Height
6 ft.
10 ft.
-
10 ft.
Maximum Sign Width
-
12 ft.
-
12 ft.
Minimum Setback
5 ft.
10 ft.
-
10 ft.
Maximum Setback
5 ft.
10 ft.
-
10 ft.
Minimum Sign Separation (separate lots)
-
50 ft.
-
50 ft.
Minimum Sign Separation (same lot)
-
100 ft.
-
-
Changeable Copy Permitted
-
-
Yes
Yes
Yes
-
Yes
Illumination Type
EX, IN
EX, IN
EX, IN
EX, IN
EX, IN
-
Yes
Other Standards
Permitted monument signs shall be:
1. The bottom portion of the sign shall rest flush against the ground, allowing no space between the ground and the bottom of the sign structure.
2. Decorative caps are permitted for each monument sign and shall not be included as part of the height calculation for that sign. All decorative caps shall not exceed the following maximum standards:
a. A maximum of two feet in height above the permitted monument sign height;
b. Extend beyond the permitted width of a sign by more than one foot on each side;
c. Are used for purely ornamental purposes; and
d. Constructed of materials identical to or similar to the construction materials used in the construction of the sign.
3. Changeable copy signs shall only comprise a maximum of 20 percent of the permitted sign area.
4. Monument signs permitted at the entrance of residential development shall only display the name of the residential development.
5. Shall be surrounded by a landscaped area that shall be made up of species found in Appendix C, be kept in healthy condition, and not block the text on the sign.
Access Sign
Number of Sign Permitted
-
1 per vehicle use area entrance and exit
-
028 Table 28-3-33-1(2).tiff
Maximum Sign Area
-
4 sf.
-
Maximum Height
-
4 ft.
-
Minimum Setback
-
3 ft.
-
Illumination Type
-
-
-
Design Standards
1. Shall only display information that for circulation around the property.
2. May contain a small corporate logo or name of a business that shall not exceed two sf. and shall count as part of the maximum permitted sign area.
Directory Sign
Number of Signs Permitted
-
1 per property with a multi-tenant building
1 per property (along FM 1093)
-
028 Table 28-3-33-1(3).tiff
Maximum Sign Area
-
2 sf. per linear foot of street frontage or 100 sf. whichever is smaller
40 sf (property along FM 1093)
-
Maximum Height
-
8 ft.
7 feet (property along FM 1093)
-
Minimum Setback
-
10 ft.
7 feet (property along FM 1093)
-
Illumination Type
-
EX, IN
-
-
Other Standards
1. The bottom portion of the sign shall rest flush against the ground, allowing no space between the ground and the bottom of the sign structure.
2. Shall not contain any logos or marketing material related to the businesses or activities shown on the sign.
(f) 
Temporary signs.
Temporary signs shall follow the standards established in table 28-3-33-3, permitted temporary sign types.
Table 28-3-33-1
Permitted Freestanding Sign Types
Sign Type and Limitations
Zoning District
ER, SR, SU
SC
GC
SO
IN
DD
ETJ
Illustrative Sign Example(s)
"-" = Prohibited — ft. = feet — sf. = Square Feet — DW = Down Lighting — EX = External Lighting — IN = Internal Lighting
Monument Sign
Number of Signs for residential uses
1 per subdivision entrance
-
-
1 per subdivision entrance
028 Table 28-3-33-1(1).tiff
Number of Signs Permitted for properties with one to nine businesses
1 per property
-
1 per property
Number of Signs Permitted for properties with 10 or more businesses
-
2, provided that the property has a minimum of 350 ft. of public street frontage
-
2, provided that the property has a minimum of 350 ft. of public street frontage
Maximum Sign Area
72 sf.
72 sf.
-
72 sf.
Maximum Sign Height
6 ft.
10 ft.
-
10 ft.
Maximum Sign Width
-
12 ft.
-
12 ft.
Minimum Setback
5 ft.
10 ft.
-
10 ft.
Maximum Setback
5 ft.
10 ft.
-
10 ft.
Minimum Sign Separation (separate lots)
-
50 ft.
-
50 ft.
Minimum Sign Separation (same lot)
-
100 ft.
-
-
Changeable Copy Permitted
-
-
Yes
Yes
Yes
-
Yes
Illumination Type
EX, IN
EX, IN
EX, IN
EX, IN
EX, IN
-
Yes
Other Standards
Permitted monument signs shall be:
1. The bottom portion of the sign shall rest flush against the ground, allowing no space between the ground and the bottom of the sign structure.
2. Decorative caps are permitted for each monument sign and shall not be included as part of the height calculation for that sign. All decorative caps shall not exceed the following maximum standards:
a. A maximum of two feet in height above the permitted monument sign height;
b. Extend beyond the permitted width of a sign by more than one foot on each side;
c. Are used for purely ornamental purposes; and
d. Constructed of materials identical to or similar to the construction materials used in the construction of the sign.
3. Changeable copy signs shall only comprise a maximum of 20 percent of the permitted sign area.
4. Monument signs permitted at the entrance of residential development shall only display the name of the residential development.
5. Shall be surrounded by a landscaped area that shall be made up of species found in Appendix C, be kept in healthy condition, and not block the text on the sign.
Access Sign
Number of Sign Permitted
-
1 per vehicle use area entrance and exit
-
028 Table 28-3-33-1(2).tiff
Maximum Sign Area
-
4 sf.
-
Maximum Height
-
4 ft.
-
Minimum Setback
-
3 ft.
-
Illumination Type
-
-
-
Design Standards
1. Shall only display information that for circulation around the property.
2. May contain a small corporate logo or name of a business that shall not exceed two sf. and shall count as part of the maximum permitted sign area.
Directory Sign
Number of Signs Permitted
-
1 per property with a multi-tenant building
1 per property (along FM 1093)
-
028 Table 28-3-33-1(3).tiff
Maximum Sign Area
-
2 sf. per linear foot of street frontage or 100 sf. whichever is smaller
40 sf (property along FM 1093)
-
Maximum Height
-
8 ft.
7 feet (property along FM 1093)
-
Minimum Setback
-
10 ft.
7 feet (property along FM 1093)
-
Illumination Type
-
EX, IN
-
-
Other Standards
1. The bottom portion of the sign shall rest flush against the ground, allowing no space between the ground and the bottom of the sign structure.
2. Shall not contain any logos or marketing material related to the businesses or activities shown on the sign.
(g) 
Special event directional signs.
Special event directional signage shall be permitted provided that the event organizer submits an event signage plan that includes:
(1) 
Number of signs.
The number of special event directional signs to be installed;
(2) 
Special event signage duration.
All special event directional signs shall be installed no earlier than five days prior to an event and removed no less than one day following an event;
(3) 
Special event directional signage.
The event organizer may place as many as ten special event directional signs throughout the community. Such signs may be installed no more than eight hours prior and removed no later than four hours after the event. Such signage may contain the name or logo of the event and directional information only.
(4) 
Map.
A map detailing the location of the special event directional signage and indicating the location of the special event announcement signage.
(5) 
Designated contact.
The plan shall identify a designated contact person responsible for the signs' installation and removal.
(6) 
Fee.
The plan shall be accompanied by a nonrefundable fee which is on file in the city secretary's office.
(7) 
Display of tags.
Following approval of the plan, the event organizer will be provided with tags by the city for placement on the signage to indicate compliance. Any special event with signage not bearing such a tag shall be found to be in violation of this division and may prompt enforcement action.
(8) 
Compliance with division.
No special event directional sign shall be permitted that would otherwise be in violation of this division should it not be part of a special event application.
(h) 
Roundabout signs.
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:
(1) 
Landscaping.
There shall be established a six-foot wide perimeter landscape buffer between the sign and the back of curb, provided that there are no visual obstructions above a two-foot maximum height within the buffer.
(2) 
Lettering height.
The maximum height locations for lettering on a monument structure is six feet above apron paving and the lettering itself shall not exceed 24 inches in height.
(3) 
Lettering lighting.
All lettering and signage shall be backlit.
(4) 
Monument height.
The monument structure within the roundabout and which the signage or letter may be affixed to shall not exceed 30 feet in height.
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2023-1433, 9-19-2023; Ord. No. 2025-1497, 7-15-2025; Ord. No. 2025-1502, 9-16-2025)

§ 28-3-34 Signs not requiring a permit.

(a) 
Generally.
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.
(b) 
Governmental signs.
(1) 
Any traffic sign erected at the authorization of either the county, state or federal government.
(2) 
Any sign providing emergency notifications on a temporary basis lasting no more than 90 days erected at the authorization of the county, state or federal government.
(3) 
Any sign erected by the city pursuant to and in the discharge of any governmental function.
(4) 
Any reader panel sign for public schools and libraries, which shall be permitted provided that each such sign:
a. 
Does not exceed 24 square feet in area;
b. 
Meets all other design standards for monument signs;
c. 
Does not exceed more than one such sign per school or library site;
d. 
Contains only information that relates to such school or library;
e. 
Be designed in such a manner that only authorized persons may change the message;
f. 
Shall be attached to the school's or library's monument sign; and
g. 
May be illuminated by a single light source, but the sign itself may not contain any lights, animated display, LED display or any similar technology or light source.
(5) 
All government signs other than those listed in subsections (b)(1)(4) of this section shall be subject to the permitting requirements of this chapter.
(6) 
All government signage is exempt from any fee charged related to permits issued.
(c) 
Private traffic control signs.
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.
(d) 
Railway signs.
Any sign on property owned by a railroad placed or maintained in reference to the operation of the railway.
(e) 
Utility and hazard signs.
Any sign marking utility or underground communication or transmission lines or pipes and hazards.
(f) 
Plaques.
Historical and commemorative plaques of recognized historical societies and organizations provided that such signs are less than 15 square feet in total area.
(g) 
Mailboxes and addresses.
(1) 
Addresses and names printed in a standard size on a mailbox provided that the address information on the side of a residence or business shall not exceed four square feet.
(2) 
Street markings indicating address information only containing address information painted on curbsides which shall not exceed four square feet.
(h) 
Temporary freestanding signs.
(1) 
All temporary freestanding signs.
Temporary freestanding signs provided that the sign:
a. 
Only be erected by the property owner or have written permission to install the sign from the landowner on which the sign is located;
b. 
Only be allowed one sign per road frontage;
c. 
Not be posted longer than 90 days;
d. 
Not be located in any public right-of-way or on public property; and
e. 
Not be illuminated or contain any moving parts.
(2) 
Single parcels ten acres or less.
Signs on parcels ten acres or less that:
a. 
Shall not exceed six square feet in total sign area per sign face; and
b. 
Not be taller than five feet above the natural surrounding grade of the sign.
(3) 
Parcels greater than ten acres.
Sign on undeveloped and unsubdivided lots over ten acres that exceed:
a. 
Eight feet in height above natural surrounding grade of the sign;
b. 
Eight feet in width is permitted; and
c. 
Exceed a maximum area of 32 square feet.
(i) 
Athletic field signs.
Signs located on the field side of scoreboards and fences of athletic fields.
(j) 
National or state flags.
A national or state flag, or both, provided that they do not exceed 36 square feet in total area and are flown on a pole no more than 25 feet in height.
(k) 
Holiday signs.
Holiday signs, as defined in this chapter, provided that they are installed no more than 35 days prior to the holiday for which they are customarily dedicated. Such signs shall be removed no later than 15 days after the holiday for which they are customarily dedicated.
(l) 
Property identification signs.
Any sign erected at the entrance of acreage or residential property that identifies the property by name or by name of the owner.
(m) 
Temporary banners.
Temporary banners on any parcel of land in the SU, SC, GC, SO, DD, IN and ETJ districts that shall:
(1) 
Be limited to one sign per property or business whichever is greater;
(2) 
Not exceed five feet in height or 32 total square feet in sign area;
(3) 
Be displayed on multi-family, mixed-use, and nonresidential property for not to longer than 90 days in one calendar year and not longer than 30 consecutive days at one time; and
(4) 
Businesses located along roadways which undergo reconstruction lasting longer than 90 days and which is expected to negatively impact the visibility of and limit access to shall be allowed temporary banners meeting the above quantity and size regulations, but permitted for the duration of the road reconstruction.
Figure 28-3-34-1
Temporary Grand Opening Signs
Figure 28-3-34-2
Temporary Grand Opening Signs
(n) 
Ancillary signs.
Three or less ancillary signs when:
(1) 
Placed on the door or exterior wall or window of the premises; and
(2) 
No larger than four square feet in total sign area.
(o) 
Fine art.
Works of fine art, as defined in this chapter, which in no way identifies or advertises a product or business.
(p) 
Sandwich board signs.
Shall be located in front of the business on private property or the sidewalk directly in front of their business during business hours but are not permitted on any other portion of public property or within the city's rights-of-way. Signs shall be:
(1) 
Limited to one per business;
(2) 
Seven square feet or less in sign area;
(3) 
42 inches or less tall;
(4) 
24 inches or less in width;
(5) 
Internally weighted to withstand strong winds;
(6) 
Placed in a manner that does not hinder safe sight lines for drivers;
(7) 
Placed in a manner that does not impede foot traffic for other nearby businesses; and
(8) 
Removed and secured inside a building on days where the National Weather Service or county office of emergency management has issued a severe weather statement relating to strong winds or red flag conditions.
(q) 
Signs with lighting.
All signs that have accessory lighting with the sign shall be:
(1) 
From a single light source;
(2) 
Static;
(3) 
In conformance with section 28-3-40, illuminance.
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2025-1509, 10-7-2025)

§ 28-3-35 Prohibited signs.

(a) 
Generally.
Prohibited signs are not allowed within the city regardless of the zoning district which they are located within.
(b) 
Prohibited sign types.
(1) 
Revolving or moving signs;
(2) 
Signs that contain or have attached thereto banners, posters, pennants, ribbons, streamers, strings of light bulbs, spinners, flash tags, or other similar devices;
(3) 
Portable signs;
(4) 
Snipe signs;
(5) 
Signs located on a roof or otherwise attached to or painted on a building if it projects above the highest point on the building;
(6) 
Signs or any portion thereof, that are located on or project or extend over any public sidewalk, street, alley, or other public property; provided, however, that if signs are located within the downtown district (DD) they may project over the sidewalk so long as they comply with the design standards found in section 28-3-33, sign requiring a permit;
(7) 
Signs that are deteriorated, dilapidated, or unsafe;
(8) 
Signs that contain statements, words, or pictures of an obscene, indecent, or immoral character as will offend public morals or decency;
(9) 
Signs located on or attached to a streetlight, utility pole, fire hydrant, bridge, traffic control device, street sign, or other building, facility, structure or equipment owned by the city without the prior written consent of the city;
(10) 
Signs located or illuminated so that they obscure or interfere with the effectiveness of an official traffic sign, signal, or device, or obstruct or interfere with the view of approaching, emerging or intersecting traffic, or prevent any traveler on any street from obtaining a clear view of approaching vehicles;
(11) 
Illuminated signs which:
a. 
Are illuminated to such intensity or without proper shielding so as to constitute a hazard to the operation of motor vehicles upon a public street or substantially interfere with the reasonable enjoyment of residential property; or
b. 
Have any type of intermittent illumination, including flashing, fading, revolving or blinking lights, or any type of moving, traveling or changing message by means of lights or illumination unless integrated into an electronic message board sign used by primary and high schools only as allowed in section 28-3-32 of the Fulshear Code.
(12) 
Any sign that violates any sight visibility regulations of the city;
(13) 
Signs located in public rights-of-way; with the exception of signs allowable under section 28-3-33, signs requiring a permit;
(14) 
Signs placed on private property without the consent of the owner or person in possession of the property;
(15) 
Off-premises signs;
(16) 
Pylon signs;
(17) 
Roof signs;
(18) 
Wind device signs; and
(19) 
Billboards, including digital billboards.
(c) 
Exceptions to prohibited signs.
(1) 
Signs that contain or have attached thereto banners, posters, pennants, ribbons, streamers, spinners, or other similar devices used for the purposes of a grand opening shall be permitted for seven days following the first day of the grand opening of a new business;
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2025-1497, 7-15-2025; Ord. No. 2025-1502, 9-16-2025; Ord. No. 2025-1509, 10-7-2025)

§ 28-3-36 Master signage plans.

(a) 
Purpose.
The purpose of a master sign plan is, to allow for a unified presentation of signage throughout parcels proposed for development, as well as the flexibility to provide for unique environments.
(b) 
Applicability.
An approved master signage plan shall only be applicable to signage within the boundaries of the approved master planned community or master planned commercial tract and may be filed for the following types of proposed developments:
(1) 
Single-use nonresidential developments on master planned commercial tracts exceeding 100,000 square feet of gross floor area;
(2) 
Multi-tenant nonresidential developments on master planned commercial tracts exceeding 50,000 square feet of gross floor area; or
(3) 
Master planned residential communities exceeding a minimum of ten acres.
(c) 
Standards for all master sign programs.
Standards and permissions of master sign programs are as follows:
(1) 
Generally.
Subject to compliance with a master sign program that is approved according to the flexibility criteria set out in this article, signs that are proposed as part of a master sign program may deviate from the standards of this division in terms of the:
a. 
Types and numbers of signs allowed;
b. 
Maximum sign area; and
c. 
Materials and illumination standards (including electronic message centers);
(2) 
Prohibited signs and sign elements.
Prohibited signs and sign elements are not eligible for inclusion in a master sign program unless specifically indicated in this division.
(3) 
Architectural theme.
All signs shall be architecturally integrated into or complimentary to the design of the buildings and character of the site, and shall use similar and coordinated design features, materials, and colors. The master sign program shall establish an integrated architectural vocabulary and cohesive theme for the parcel(s) proposed for development.
(4) 
Uniform signs in multi-use developments.
Wall signs displayed by two or more businesses using common parking facilities shall be uniform in construction (i.e. channel letters, plaques) and lighting (i.e. direct, indirect).
(d) 
Conditions of approval.
The sign administrator, plan commission, or city council, as applicable, may impose reasonable conditions on the master sign program relating to the design, materials, locations, placements or orientations, and sign specifications that are not related to the content of the signs or the viewpoints of the sign users, in order to ensure continuing compliance with the standards of this Section and the approved master sign program.
(e) 
Contents of master sign plans.
All master signage plans shall include the following:
(1) 
An accurate artistic representation of the proposed signage including color scheme and materials for each sign type.
(2) 
A detailed listing of the number of signs by type (temporary, permanent, way-finding, etc.).
(3) 
Inclusion of traffic control and public safety signage.
(4) 
A map indicating the proposed signage's location within the development.
(f) 
Phasing.
A developer may divide, update and modify the plan based on phased/sectional development so long as it provides an updated plan to the commission for review and approval no less than 60 days following the approval of a final plat for a new phase or section to be developed.
(g) 
Plan submittal.
Upon submittal of the plan, the developer shall pay the appropriately adopted fees for the total number of signs included in the plan with the understanding that fees for temporary signage shall only be paid once based on the total number of temporary signs included in the plan. The developer will be able to place and replace temporary signage without incurring additional fees so long as the total number of temporary signs does not exceed that previously approved by the commission. In the event that the developer does not install all permanent signs accounted for in the plan, it may be reimbursed those fees by the city. Further, the developer shall not pay fees for appropriately installed and approved traffic control and public safety signage.
(h) 
Duration.
An approved master sign program shall expire two years from the date of such approval if no substantial progress has been made towards completion of the project.
(i) 
Amendment.
Prior to expiration of the master sign program, the applicant may apply for an amendment that alters the design, materials, locations, placements and orientations, and specifications of the signs. The planning and zoning commission may approve the amended master sign program if it is consistent with this section, and does not increase the area or height of any freestanding or wall sign subject to the original master sign program by more than ten percent.
(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-37 Obsolete and abandoned signs.

Signs which have been abandoned or have become obsolete due to the closing of a business, change in the nature or name of the business establishment, or for any other reason rendering the sign non-applicable to the property upon which it is displayed, shall be removed by the owner as provided in the Texas Local Government Code (TLGC).
(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-38 Purpose.

The purpose of this division is to provide regulations for outdoor lighting that will:
(a) 
Permit the use of outdoor lighting that does not exceed the minimum levels specified for nighttime safety, utility, security, productivity, enjoyment, and commerce;
(b) 
Minimize adverse offsite impacts of lighting such as light trespass, and obtrusive light;
(c) 
Curtail light pollution, reduce skyglow and improve the nighttime environment for astronomy;
(d) 
Help protect the natural environment from the adverse effects of night lighting from gas or electric sources; and
(e) 
Conserve energy and resources to the greatest extent possible.
(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-39 Applicability.

(a) 
Except as provided by subsection (b) of this section, all outdoor lighting within the city limits must comply with the requirements of this division unless required by state, federal, or local law.
(b) 
The following are not regulated as by this division:
(1) 
Lighting within the public right-of-way for the principal purpose of illuminating streets or roads;
(2) 
Temporary lighting used by law enforcement, fire, and other emergency services;
(3) 
Lighting required by law to be installed on motor vehicles;
(4) 
Lighting for public monuments and public statuary, provided the lighting does not constitute a hazard to the operation of motor vehicles upon a public street;
(5) 
Lighting solely for signs;
(6) 
Temporary lighting for theatrical, television, performance areas and construction sites, provided the lighting does not constitute a hazard to the operation of motor vehicles upon a public street and is fully shielded after 10:00 p.m.;
(7) 
Underwater lighting in swimming pools and other water features; and
(8) 
Temporary lighting and seasonal lighting, provided that individual lamps are less than seven watts and 45 lumens;
(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-40 Illuminance.

(a) 
Generally.
Outdoor lighting installed after the effective date of this CDO shall not exceed the footcandle values in table 28-3-40-1, illumination standards, and table 28-3-40-2, parking lot lighting.
(b) 
Existing lighting.
Any existing lighting expected to remain as part of a development shall be incorporated into the footcandle calculations to determine their conformance with the footcandle values.
Table 28-3-40-1
Illumination Standards
Zoning Districts
Maximum Footcandle adjacent a Residential Property Line1
Maximum Footcandle adjacent a Nonresidential Property Line1
Maximum Footcandle adjacent a Public Right-of-Way1
Average Permitted Horizontal Footcandles1
Average Permitted Vertical Footcandles for Building Façades2
All values are stated in footcandles
ER, SR, SU
0.2
0.2
0.5
0.2
1.0
SC, GC, DD
0.5
2.0
1.0
5.0
1.5
SO
0.5
2.0
2.0
5.0
1.5
IN
0.5
1.0
1.0
2.0
1.0
Table Notes:
1.
Horizontal footcandles are measured horizontal from the surface of the property by holding a light meter parallel to the ground approximately one foot off the surface.
2.
Vertical footcandles are measured from the vertical surface of a building by holding a light meter parallel to the building façade approximately one foot from the surface of the façade.
(c) 
Parking lot lighting.
Parking facilities, including structured and open parking lots, spaces, drive aisles, entrances, stairways, and elevator lobbies must meet the illumination standards set out in table 28-3-40-2, parking lot lighting. Light fixtures must be designed and installed to prevent glare from being cast outside of any parking structure or parking lot, and shall not exceed the limits stated in table 28-3-40-1, illumination standards.
Table 28-3-40-2
Parking Lot Lighting
Standard
Footcandle Requirement1
Minimum Horizontal Illuminance1
0.2 footcandles
Average Horizontal Illuminance1
2.5 footcandles
Uniformity Ratios (Horizontal Illumination) Average to Minimum
4:1
Table Notes:
1.
Measured on the parking surface, without any shadowing effect from parked cars or trees.
(d) 
Color temperature.
Nonresidential luminaries shall utilize lamps with a color temperature rating between 3,100 Kelvin and 4,500 Kelvin.
(e) 
Prohibited sources.
High pressure sodium, mercury vapor, and fluorescent lamps or bulbs are prohibited because their color is significantly different from the daylight spectrum.
(f) 
Canopy lighting.
Canopy lighting for uses that have sheltered outside work or service areas, such as vehicle gas and fueling stations, must recess all luminaries into the canopy so that they cannot be viewed off-site from an eye height of four feet (to protect automobile drivers from glare).
(g) 
Outdoor recreation facilities.
(1) 
Average permitted horizontal footcandle exemption.
Illumination levels for sports facilities may exceed the maximum permitted horizontal footcandle requirements and shall be:
a. 
Designed to be no higher than recommended for the appropriate class of play, as defined by the current version of the Illuminating Engineering Society of North America (IESNA) publication IES RP-6-15; and
b. 
Comply with the maximum footcandles adjacent to residential and nonresidential property lines standards established in table 28-3-40-1, illumination standards.
(2) 
Shielding.
Fixtures used for non-aerial sports shall be fully-shielded. Fixtures used for aerial sports, such as baseball and softball shall be shielded to the full extent possible while also allowing the minimum of vertical illuminance needed to track the ball.
(3) 
Certification.
Lighting systems for outdoor recreational facilities shall be designed and certified by an engineer registered in the state as conforming to all applicable restrictions of this Code before construction commences. Further, after installation is complete, the lighting system shall be again certified by a registered engineer to verify that the installation is consistent with the certified design.
(4) 
Curfew.
No outdoor athletic facility shall be illuminated between 10:30 p.m. and 5:30 a.m., except to conclude any officially sanctioned and scheduled recreational or sporting event in progress prior to the curfew.
(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-41 Lighting design.

(a) 
Generally.
All lighting shall be shielded so the source of illumination (bulb or direct lamp image) is not visible from the property line. This reduces glare and interference with boundary streets and adjacent properties. No lamp shall extend past the housing of a light fixture.
(b) 
Light fixture type.
Light fixtures shall be:
(1) 
"Full cut-off" fixtures that limit lighting that is visible or measurable at the property line;
(2) 
Of constant intensity;
(3) 
Reflected or shielded so as not to:
a. 
Be of excessive brightness;
b. 
Cause glare hazardous to pedestrians or drivers;
c. 
Create any public or private nuisance; or
d. 
Unreasonably interfere with an adjacent property owner's right to enjoy their property.
(4) 
"No cut-off" fixtures, used only for decorative purposes, provided:
a. 
They have light fixtures that produce no more than 1,500 lumens (approximately equal to a 100-watt incandescent bulb);
b. 
They use energy-efficient bulbs, such as compact fluorescent (CF) and light-emitting diode (LED).
Figure 28-3-41 Types of Light Fixtures
028 Figure 28-3-41.tiff
(c) 
Cut-off requirements.
(See figure 28-3-41, type of light fixtures.)
(1) 
Full cut-off.
Except as otherwise allowed, all lighting (including, but not limited to vehicle use areas, canopies, security, walkway, landscaping, signs, outdoor display areas, and building) shall have 100 percent of its output below 90 degrees from a vertical line through the fixture.
(2) 
Adjacent to residential use or district.
All lighting fixtures that are mounted on a building wall facing a property line adjacent to a residential property line or public right-of-way boundary shall be fitted with a "house side shielding" reflector on the side facing the residential property line or public right-of-way.
(3) 
Flags and statutes.
Light fixtures used to illuminate flags, statues, or any other objects mounted on a pole, pedestal, or platform shall use a narrow cone beam of light that will not extend beyond the illuminated object.
(d) 
Maximum fixture height.
(1) 
Freestanding fixtures.
No freestanding light fixture shall be greater than 25 feet in height, except as set out for outdoor recreation facilities in section 28-3-40, illuminance.
(2) 
Fixtures mounted on residential buildings and accessory structures.
Fixtures that are mounted on residential buildings or accessory structures shall not be located higher than 16 feet or above the lowest point of the roof eave, whichever is lower.
(3) 
Fixtures mounted on nonresidential buildings.
Fixtures that are mounted on nonresidential buildings shall not be located above the highest point of the roofline of any building.
(4) 
Full cut-off fixtures.
Full cut-off fixtures shall have a maximum height of 30 feet.
(5) 
No cut-off fixtures.
No cut-off fixtures:
a. 
Shall have a maximum height of 20 feet; and
b. 
Are not permitted on any side of a building that faces or abuts a residential property line.
(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-42 Hours of lighting.

(a) 
Generally.
Outdoor lighting shall accommodate different times of day when the need for artificial illumination is reduced or not necessary.
(b) 
Automatic switching.
All outdoor lighting other than that under a canopy, tunnel or parking garage, or over a garage or building entrance, must include controls that automatically extinguish the lighting when sufficient daylight is available using a control device or system such as a photoelectric switch, astronomic time switch or equivalent functions from a programmable light controller, building automation system, or lighting energy management system, all with battery or similar backup power or device.
(c) 
Lighting reduction.
(1) 
Nonresidential uses.
If intended to be left on more than 30 minutes after closing or the completion of activities, outdoor lighting shall be reduced to 25 percent or less of the average permitted horizontal footcandle (see section 28-3-40, illuminance). Motion sensor activation may be allowed to cause the light to resume normal footcandle output only when activated and to be reduced back to 25 percent or less within five minutes after activation has ceased.
(2) 
Exemptions.
The following are exempt:
a. 
Residential lighting;
b. 
Code required lighting for steps, stairs, walkways, and building entrances;
c. 
Lighting required by an order, resolution, or ordinance of the city to be maintained at a particular level; and
d. 
Lighting for businesses that operate on a 24-hour basis.
(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-43 Prohibited lighting.

(a) 
Generally.
No outdoor lighting may be used in any manner that may interfere with the safe movement of motor vehicles on public rights-of-way.
(b) 
Prohibitions.
Light pollution is declared a public nuisance, and is hereby prohibited. The following are prohibited:
(1) 
Temporary lighting in which any single luminaire exceeds 20,000 initial luminaire lumens or the total lighting load exceeds 160,000 lumens;
(2) 
Any fixed light not designed for roadway illumination that produces incident or reflected light that could impair the operator of a motor vehicle;
(3) 
The installation, use, or maintenance of beacons or searchlights;
(4) 
Exposed strip lighting used to illuminate building façades or outline buildings, or neon tubing, or flickering or flashing lights installed in like fashion, except for temporary decorative seasonal lighting;
(5) 
Drop-lens fixtures;
(6) 
The use of more than one spotlight per flag; and
(7) 
Aerial lasers.
(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-44 Existing lighting.

(a) 
Lighting amortization.
Existing lighting must comply with the requirements of this division five years after the effective date of the CDO.
(b) 
Appeal of amortization clause.
Any property owner may appeal the city's enforcement of the aforementioned lighting amortization clause per section 28-7-34, appeals, to the zoning board of adjustment (ZBA).
(Ord. No. 2020-1331, 9-15-2020)