The following definitions shall apply as used in this Section:

Required off-street parking shall be provided on the same site as the use it is to serve.

All driveways and approaches to parking spaces shall be similarly paved, except in the A district.

No required parking space, garage, carport, or other automobile storage space shall be used for the storage of any heavy load vehicle (see definitions for heavy load vehicle).

A minimum of two (2) off-street parking spaces shall be provided for all single-family and duplex dwelling units on the same lot as the main structure.

In the event of an appeal, the order of the City shall be reviewed by the Zoning Board of Adjustment (ZBA). In reviewing such order, the ZBA has jurisdiction to:

A permit shall be required to construct any parking surface improvement. Application for a permit to improve parking surface shall be made to the Building Inspection Department on a form acceptable to the City.

To prevent nuisance situations, all parking area lighting shall be designed and operated so as not to reflect or shine on adjacent properties and in accordance with the standards established in Section 39.

For safety and fire-fighting purposes, free access through to adjacent nonresidential parking areas shall be provided in accordance with Section 33.9 (Fire Lanes).

All off-street parking, maneuvering, loading and vehicle storage areas shall be paved with an all-weather surface (i.e., no parking shall be permitted on grass, within landscaped areas, on gravel, or on other unimproved surfaces), which shall be concrete and shall be constructed to standards established by the City Engineer. All maneuvering areas for parking and loading shall be on site (i.e., shall not occur within public right-of-way or on adjacent property without a platted/recorded access easement granting such access on adjacent property).

Parking spaces shall be permanently and clearly identified by stripes, buttons, tiles, curbs, barriers, or other approved methods. Nonpermanent type marking, such as paint, shall be regularly maintained to ensure continuous clear identification of the space.

Each standard off-street surface parking space size shall be in accordance with the design standards as shown on Illustration 10 for space size and design. Specific parking space sizes, exclusive of aisles, driveways and maneuvering areas shall be in accordance with the following minimum sizes:

All parking and loading spaces, and vehicle sales areas on private property shall have a vehicle stopping device (e.g., curb, wheel stop, etc.) installed so as to prevent parking of motor vehicles in any required landscaped areas, to prevent vehicles from hitting buildings, to protect public and/or private utility structures/facilities, and to prevent parked vehicles from overhanging a public right-of-way line, public sidewalk, or adjacent private property. An extra-wide sidewalk on private property may be permitted so as to allow encroachment of vehicle overhang while maintaining an unobstructed four-foot (4') minimum sidewalk width. The requirement shall apply only where spaces are adjacent to the walks, right-of-way, and required landscaping. Parking shall not be permitted to encroach upon the public right-of-way in any case. For new construction only, all vehicle maneuvering shall take place on site. No public right-of-way shall be used for backing or maneuvering into or from a parking space, or for circulation within the parking lot.

In all nonresidential and multifamily zoning districts, the perimeter of all parking lots and driveways shall be provided with concrete curbs or other means to control traffic.

Refuse storage containers (i.e., dumpsters) placed in a parking lot shall not be located in a designated parking or loading space. Each refuse container shall be located so as to facilitate pickup by refuse collection agencies with the general flow of on-site vehicular traffic and with minimal backing movements. Access and approaches to a refuse container shall be entirely on the lot it serves, and shall not be from adjacent property unless an irrevocable, platted/recorded access easement is secured granting use of adjacent property for such purpose.

Handicap parking space(s) shall be provided according to building codes, State laws, and requirements of the Americans with Disabilities Act (ADA).

In all nonresidential and multifamily zoning categories, designated parking and loading areas shall not be used for the repair, storage, dismantling or servicing (except for normal maintenance of a private vehicle) of vehicles or equipment, or for the storage of materials or supplies, or for any other use in conflict with the designated parking and loading areas (i.e., advertising or open storage of raw materials).

To ensure that all requirements set forth in this Section are carried forward, it will be the responsibility of the owner of the parking area to adequately maintain the facility. All off-street parking areas shall be kept free of trash, debris, vehicle repair operation or display and advertising uses. At no time after initial approval of the parking area layout can changes be made in the location and number of provided spaces without approval of the City Administrator, or his/her designee.

Off-street stacking requirements for drive-through facilities:

In the approval of a detailed Site Plan, design consideration shall be given to providing entrance/exit drives which extend into the site to provide adequate queuing of vehicles on the site.

In all districts (except single-family and duplex zoning districts) building plans shall provide for entrance/exit drive(s) appropriately designed and located to minimize traffic congestion or conflict within the site and with adjoining public streets as approved by the City Administrator, or his/her designee.

Vehicular access to nonresidential uses shall not be permitted from alleys serving residential areas, and shall not be configured as “head-in” parking spaces which are accessed directly from the street.

Parking space configuration, location, arrangement, size and circulation in all districts shall be constructed according to Illustration 10.

In all districts, there shall be provided at the time any building or structure is erected or structurally altered, or change of use, off-street parking spaces in accordance with the following requirements:

“Floor Area” shall mean the gross floor area of the specific use.

“Seat” shall be interpreted as follows:

For any type of use in Section 33.5 above in which the number of seats is used to compute the required number of parking spaces, the City Administrator (or his/her designee) may, at his/her discretion, make a determination that the parking requirement shall instead be determined by the maximum occupancy load for the building (as prescribed in the City’s Building Code) at a rate of one (1) parking space required for every three (3) persons to be accommodated in the facility at maximum occupancy.

Where fractional spaces result, the parking spaces required shall be construed to be the next higher whole number.

The parking space requirements for a new or unlisted use not specifically mentioned herein shall be the same as required for a use of similar nature. If the proposed use is not similar to any of the uses listed herein, a determination shall be made by the City Administrator, or his/her designee, in accordance with the requirements for the most closely related use specified in this Section. In the event the applicant disagrees with this determination, then he/she may submit a request for determination by the Planning and Zoning Commission and City Council using the same process as provided in Section 32.1 (D) for classifying new and unlisted uses.

Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten percent (10%) or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change.

For buildings which have mixed uses within the same structure (such as retail and office), the parking requirement shall be calculated for the most intensive use. In cases where the design of the interior of the structure is not practical for alteration, the parking requirement may be calculated for each use within a structure for buildings over 20,000 square feet.

Shared parking may be allowed in the case of mixed uses (different buildings) under the following conditions. Up to fifty percent (50%) of the parking spaces required for a theater or other place of evening entertainment (after 6:00 p.m.), or for a church, may be provided and used jointly by banks, offices, and similar uses not normally open, used, or operated during evening hours. Shared parking must be on the same parking lot and within the same zoning district. Reduction due to shared parking shall be determined by the City Administrator, or his/her designee. To assure retention of the shared parking spaces, each property owner shall properly draw and execute a document expressing the same and shall file this agreement with the City of Hutchins.

Where an increase in the number of spaces is required by a change or enlargement of an existing use, or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required additional spaces may be located not to exceed three hundred (300) feet from any nonresidential building served.

In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, approval by the Planning and Zoning Commission and City Council is required according to the following criteria:

Fire lanes shall be provided in all multifamily, single-family attached, manufactured home, and nonresidential developments. Fire lanes shall be a minimum width of twenty-four feet (24') of paving, and shall have a minimum inside turning radius at curves of twenty feet (20'), or as required by the Fire Code and/or the Fire Chief of the City of Hutchins. The minimum overhead vertical clearance over any portion of a fire lane shall be fourteen feet (14'), and the minimum 14-foot clearance shall be maintained for an additional horizontal distance of at least fifty feet (50') along the fire lane both before and after the overhead structure.

All retail, commercial, industrial and service structures shall provide and maintain off-street facilities for receiving and loading merchandise, supplies and materials within a building or on the lot or tract. All drives and approaches shall provide adequate space and clearances to allow for the maneuvering of trucks off-street. Each site shall provide a designated on-site maneuvering area for trucks (see Illustration 2). Such off-street loading space may be adjacent to (but not any portion of) a public alley or private service drive, or it may consist of a truck berth within the structure. Such off-street loading space or truck berth shall consist of a minimum area of ten feet by sixty feet (10' x 60'), and such spaces or berths shall be provided in accordance with the following schedule:

In all zoning districts except Heavy Industrial, loading docks or service/delivery entrances shall not be constructed facing any public street, and shall not be visible from any public street. In the Heavy Industrial district, loading docks or service/delivery entrances (which may include overhead rolling steel doors) may be constructed facing a public street if they are set back a minimum of seventy-five feet (75') from the right-of-way line of the street, and if they are visually screened from the roadway (using a “line of sight” which is measured from a vertical height of five feet (5') at the right-of-way line of the roadway). Screening shall be subject to the following standards:

Loading docks for any establishment which customarily receives goods between the hours of 9:00 p.m. and 8:00 a.m. and is adjacent to a residential use or district shall be designed and constructed so as to enclose the loading operation on three sides, in order to reduce the effects of the noise of the operation on adjacent residences.

Kindergartens, elementary schools, day schools, and similar child training and care establishments shall provide one (1) paved off-street pedestrian loading and unloading space for an automobile on a through, “circular” drive for each ten (10) students cared for (excluding child care in a residence). An additional lane shall also be required to allow passby or through traffic to move while automobiles waiting or parked to pick up children occupy loading/unloading areas.

Any carport which may be permitted as prescribed by other Sections of this Ordinance shall be constructed of the same material as the main structure.

A carport shall be constructed with a similar roof pitch and trim as the main structure.

Minimum scale of one inch (1") equals fifty feet (50'); show scale in both written and graphic form.

Location, size and species of all existing trees that are greater than or equal to a six-inch (6") caliper size (do not use “tree stamps” unless they indicate true size and location of trees).

Location and planting design of all new plant and landscaping materials to be used, including plants, paving, benches, screens, fountains, statues, earthen berms, ponds (to include depth of water), topography of site, and all other landscape features

Species and common names of all plant materials to be used

Size of all plant material to be used (container size, planted height, etc.)

Spacing of plant material where appropriate

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

Description of maintenance provisions

Name and address of the person(s) responsible for the preparation of the landscape plan

North arrow/symbol, and a small map showing where the property is located

Date of the landscape plan

All required landscaped open areas shall be completely covered with living plant material, and all required landscaping shall be continuously maintained in a living and growing condition. Landscaping materials such as wood chips and gravel may be used under trees, shrubs and other plants, but shall not comprise a significant portion of the total landscaped area.

Plant materials shall conform to the standards of the current edition of the “American Standard for Nursery Stock” (as amended), published by the American Association of Nurserymen. Grass seed, sod and other material shall be clean and reasonably free of weeds and noxious pests and insects.

Trees shall have an average crown spread of greater than fifteen feet (15') at maturity. Trees having a lesser average mature crown of fifteen feet (15') may be substituted by grouping the same so as to create the equivalent of fifteen feet (15') of crown spread. Trees shall be a minimum of three inches (3") in caliper (as measured twenty-four inches (24") above the ground) and seven feet (7') in height at time of planting. No tree shall be located closer than five feet (5') to any paved surface (e.g., street/parking lot paving and curbs). Trees may be located closer than five feet (5') to a sidewalk only when an acceptable root barrier is used to prevent tree roots from growing underneath the sidewalk, and only if trees are maintained with a seven-foot (7') vertical clearance over the sidewalk.

Hedges, where installed for screening purposes, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen which will be six feet (6') high within three (3) years after time of planting (except for parking lot/headlight screens, which shall form a continuous, solid visual screen three feet high within two years after planting).

Grass areas shall be sodded, plugged, sprigged, hydro-mulched and/or seeded, except that solid sod shall be used in swales, earthen berms or other areas subject to erosion.

Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably completed coverage within one (1) year of planting.

Any trees preserved on a site meeting the herein specifications may be credited toward meeting the tree requirement of any landscaping provision of this Section according to the following table:

Due to their limited height, size and value as quality shade trees, mesquite, hackberry, willow and sycamore trees will receive only fifty percent (50%) of the above credit for tree preservation. All other existing trees may receive credit if they are not on the City’s approved plant material list but are approved by the City Administrator, or his/her designee. Should any required tree designated for preservation in the landscape plan die, the owner shall replace the tree with a three inch (3") minimum caliper tree in accordance with the credits listed above. The caliper size of existing trees shall be measured at forty-eight inches (48") above natural grade. No living trees greater than six inches (6") in caliper may be cut, destroyed or damaged on the development site until approved as part of the site plan requirements in this Ordinance, and such trees shall be preserved and protected, wherever possible.

Earthen berms shall have side slopes not to exceed 33.3 percent (three feet (3') of horizontal distance for each one foot (1') of vertical height). All berms shall contain necessary drainage provisions as may be required by the City’s Engineer.

All required landscaped areas shall be provided with an automatic, underground irrigation system. Landscaped areas having less than ten (10) square feet in area may be irrigated by other inconspicuous methods.

For all nonresidential and multifamily developments (including schools, churches, day care facilities, and other similar uses in a residential district), at least fifteen percent (15%) of the street yard shall be permanently landscaped area (see Illustration 13). The street yard shall be defined as the area between the building front and the front property line, and shall apply to all street frontages of the building. The required landscaped area shall be defined as the total square footage of the street yard area minus the area occupied by any structure, parking area, sidewalk, or other paved or impervious surface area.

For gasoline service stations, the requirement is a minimum of fifteen percent (15%) landscaped area for the entire site, including a minimum six hundred (600) square foot landscaped area at the street intersection corner (if located on a corner), which can be counted toward the fifteen percent (15%) requirement.

A minimum ten-foot (10') landscape buffer (interior parkway) adjacent to the right-of-way of any major thoroughfare street is required. Corner lots fronting two (2) major thoroughfares shall provide the appropriate required landscape buffer on both street frontages. All other street frontages shall observe a minimum five-foot (5') landscape buffer. Developers shall be required to plant one (1) large tree per forty (40) linear feet (or portion thereof) of street frontage (existing trees that meet the criteria of Subsection ______ below may count toward the required number of trees). Trees within street rights-of-way shall not count toward the number of trees required for a development site. Trees should be grouped or clustered to facilitate site design and to provide an aesthetically pleasing, natural looking planting arrangement. The landscaped portion of interior parkways may be included in the required landscape area percentage. The interior parkway is defined as that area on private property between the street right-of-way line and the curb of the parking area or building area.

Landscape areas within parking lots should generally be at least one parking space in size, and no landscape area having a tree shall be less than fifty (50) square feet in area. Landscape areas shall be no less than five feet (5') wide, and shall equal a total of at least sixteen (16) square feet per parking space. There shall be a landscaped area with at least one (1) tree within sixty feet (60') of every parking space. There shall be a minimum of one (1) tree planted in the parking area for every ten (10) parking spaces within parking lots with more than twenty (20) spaces. Within parking lots, landscape areas should be located to define parking areas and assist in clarifying appropriate circulation patterns. A landscape island shall be located at the terminus of all parking rows, and should contain at least one tree. All landscape areas shall be protected by a monolithic curb or wheel stops, and shall remain free of trash, litter, and car bumper overhangs.

A minimum of fifty percent (50%) of the total trees required for the property shall be large trees as specified on the approved plant list. Only shrubs and groundcovers (i.e., no trees) shall be used under existing or proposed overhead utility lines.

All existing trees which are to be preserved shall be provided with undisturbed, permeable surface area under (and extending outward to) the existing drip line of the tree. All new trees shall be provided with a permeable surface under the dripline that is a minimum of five feet (5') by five feet (5') in size.

Necessary driveways from the public right-of-way shall be permitted through all required landscaping, and shall be in accordance with City regulations.

During any construction or land development, the developer shall clearly mark all trees to be preserved/retained on site, and may be required to erect and maintain protective barriers around all such trees or groups of trees. The developer shall not allow the movement of equipment or the storage of equipment, materials, debris or fill to be placed within the dripline of any trees that are designated for preservation.

During the construction stage of development, the developer shall not allow cleaning of equipment or material under the canopy of any tree or group of trees that are being preserved. Neither shall the developer allow the disposal of any waste/toxic material such as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy of any tree or groups of trees to remain.

No attachment or wires of any kind, other than those of a protective or supportive nature, shall be attached to any tree.

In any nonresidential or multifamily development or zoning district, no person shall, directly or indirectly, cut down, destroy, remove, or effectively destroy through damaging, any tree that is six inches (6") or larger in caliper size (as measured forty-eight inches (48") above the ground at the trunk) on any nonresidential or multifamily property within the City of Hutchins without first obtaining a Tree Removal Permit as provided by this Section.

Rigid compliance with these landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an intersection of a street(s), alley and/or driveway occurs, a triangular visibility area shall be created (see Section 37.9). Landscaping within the triangular visibility area shall be designed to provide unobstructed cross-visibility at a level between twenty-four inches (24") and eight feet (8') above the ground. Single-trunked trees may be permitted in this area provided they are trimmed in such a manner that no limbs or foliage extend into the cross-visibility area and provided that their trunks, when mature in size, will not produce a “picket fence” effect which would hinder visibility.

Landscaping, except required grass and low ground cover, shall not be located closer than three feet (3') from the edge of any accessway pavement.

In the event other visibility obstructions are apparent in the proposed landscape plan, as determined by the City Administrator, or his/her designee, the requirements set forth herein may be reduced to the extent to remove the conflict.

The owner, tenant and/or their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include, but not to be limited to, mowing (of grass six inches or higher), edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials which die shall be replaced with plant material of similar variety and size, within one hundred and twenty (120) days. Trees with a trunk diameter in excess of six inches (6") measured twenty-four inches (24") above the ground may be replaced with ones of similar variety having a trunk diameter of no less than three inches (3") measured twenty-four inches (24") above the ground. A time extension may be granted by the City Administrator, or his/her designee, if substantial evidence is presented to indicate abnormal circumstances beyond the control of the owner or his/her agent.

Failure to maintain any landscape area in compliance with this Section is considered a violation of this Section and may be subject to penalties of Section 44 of this Ordinance.

The accessory dwelling unit must be constructed to the rear of the main dwelling, separate from the main dwelling.

The accessory dwelling unit may be constructed only with the issuance of a Building Permit, and shall be constructed out of the same material as the main structure.

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

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

Accessory dwellings are not permitted without the main or primary structure.

In the event that multifamily, nonresidential uses, or manufactured/mobile home parks side or back upon a single-family, two-family or residential PD district, or in the event that any nonresidential district sides or backs upon a multiple-family district, a solid brick/masonry screening wall of not less than six feet (6'), nor more than eight feet (8'), in height shall be erected on the property line separating these districts. The purpose of the screening wall is to provide a visual and protective barrier between the properties.

In nonresidential and multifamily zoning districts, no fence or wall shall be erected in any front yard or side yard which is adjacent to a public street unless the fence/wall is required to screen the development from an adjacent residential area (particularly if the residence has, or could have, a back yard fence that would be exposed to view from the street if the required screening wall were not extended out to the street right-of-way line). In this case, the screening fence/wall shall be extended out to the street right-of-way line by the developer of the nonresidential or multifamily development, and the fence/wall shall be finished on both sides in a manner/color that is compatible to the exterior finish materials used on the nonresidential or multifamily buildings. Screening fences/walls shall be placed such that they do not impede visibility for vehicles entering or exiting the nonresidential or multifamily development (see Section 37.9 for sight visibility requirements).

All fences require permits. An administrative fee must be paid at the time of permit application (see Appendix A-6).

See Section 37.9 for sight visibility requirements for fences and screening walls.

Open storage of materials, commodities or equipment (see Use Charts, Section 32, Zoning Districts permitting outside storage) shall be screened with a minimum six-foot (6') tall fence or wall, and shall not be visible from the street. (See Appendix A-3 definition of outside storage.)

In districts permitting open storage, screening shall be required only for those areas used for open storage. A six-foot (6') tall screening fence or wall shall be provided and maintained at the property line adjacent to the area to be screened by one or a combination of the following methods:

Refuse storage areas which are not within a screened rear service area and which are visible from a public right-of-way for all nonresidential, multifamily and manufactured/mobile home park uses shall be visually screened by a minimum six-foot (6') tall solid masonry wall on at least three sides (see Illustration 11 for refuse container enclosure diagrams). The fourth side, which is to be used for garbage pickup service, may provide an optional gate to secure the refuse storage area. Alternate equivalent screening methods may be approved through the site plan approval process, Section 12. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies. Adequate reinforced paved areas shall be provided for refuse facilities and their approaches for loading and unloading, as per Illustration 11.

Plans and specifications for screening and/or fencing around ground-mounted utility structures (e.g., transformers, natural gas regulating stations, etc.) shall be approved in writing by the affected utility company, and shall be submitted, along with an approval letter/document from the utility company, to the City Administrator (or his/her designee) for review and approval prior to construction of said screening/fencing.

Any fence or wall located to the rear of the minimum required front yard line shall not exceed eight feet (8') in height.

No fence or wall shall be permitted within the required front yard of any single-family or duplex residential lot which is adjacent to a public street.

Fences or walls shall be placed so as not to interfere with the maintenance of any utilities or with emergency access into a property. The City shall not be responsible for the replacement of fences or walls built over or within dedicated utility easements if the fence or wall must be removed for maintenance or emergency access purposes. In order to facilitate ingress for public safety and utility company personnel, at least one (1) pedestrian gate, not less than three feet (3') wide, shall be required on each fence or wall section that is adjacent or parallel to a public right-of-way or a utility easement.

No fence or wall shall be constructed or placed within ten feet (10') of the back of the street curb or, if no curb is present, within ten feet (10') of the edge of the street or alley pavement regardless of the location of the property line.

All fences require permits. An administrative fee must be paid at the time of permit application (see Appendix A-6).

No barbed wire or electrical fencing shall be allowed except as used for farm or ranching purposes on undeveloped land over one (1) acre in size.

The minimum gauge of wire for a wire mesh fence shall be not less than eleven (11), and the minimum wire mesh size shall not be less than two and one-quarter inches (2 1/4").

Gates designed for vehicular access shall be set back from the property line a minimum of twenty-five feet (25').

Swimming pools shall be enclosed by a security fence not less than six (6) feet in height. All swimming pool security fences shall be constructed so as not to have openings, holes or gaps larger than two (2) inches in dimension, except for doors and gates. All doors and gates shall be equipped with self-closing, self-latching devices. Solid wood fences along property lines which surround the swimming pool may also satisfy this screening requirement. Fences around swimming pools shall also comply with the Standard Swimming Pool Code and with any other City of Hutchins codes/ordinances pertaining to same.

See Section 37.9 for sight visibility requirements for fences and screening walls.

Special purpose fencing, such as fencing around tennis courts, is permitted (permit required).

Fencing shall not be constructed of the following prohibited materials;[:]

It shall be unlawful for the owner of property located within a Residential District to maintain a fence, or allow a fence to be maintained, on said property in such a manner to allow:

All setback measurements shall be made in accordance with Illustrations 6, 7 and 8.

Flag lots (i.e., lots with minimal, or panhandle type, frontage) shall be prohibited. Similarly, through (i.e., double frontage) lots (particularly within residential zoning districts) shall also be avoided. (Also see Subdivision Ordinance for regulations pertaining to the configuration of lots.)

On all corner lots, the front yard setback shall be observed along the frontage of both intersecting streets, unless approved specifically otherwise on a final plat (see Illustration 9 and Section 37.3A.). Where a single-family or duplex lot has double frontage, extending from one street to another, or it is located on a corner, a front yard shall be required on both street frontages unless a side or rear yard building line has been established along one frontage on the plat and the side or rear yard is not directly abutting a front yard on another lot (i.e., it is physically separated from the adjacent lot by an alley, street right-of-way, creek/floodplain area, or some other similar feature by a distance of fifteen feet or more), in which event only one required front yard need be observed (see Section 37.3A and Illustration 9). The side and/or rear yards in the case of single-family and duplex uses shall be identified and the front of the structure shall not face the side or rear yard.

Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage (see Illustration 3). Similarly, the front/side yards of a lot which has more than one street frontage shall conform to the setback lines established by the immediately adjacent lot(s) such that the setbacks along the block face are uniform (i.e., consistent, not staggered). At least one front yard setback shall be provided for every lot/parcel.

The front yard shall be measured from the property line to the front face of the building, to the nearest supporting member of a covered porch or terrace, or to any attached accessory building. Eaves and roof extensions or a porch without posts or columns may project into the required front yard for a distance not to exceed four feet (4'), and subsurface structures, platforms or slabs may not project into the front yard to a height greater than thirty inches (30") above the average grade of the yard (see Illustration 4).

Minimum lot widths for lots with predominate frontage on the curved radius of a street (e.g., cul-de-sac or “eyebrow” portion of a street) shall be measured as the linear distance of the curved front building line, and shall be shown on the subdivision plat. Minimum lot widths for all lots shall be as set forth in the respective zoning district for each lot.

Gasoline service station pump islands that parallel a public street may be located a minimum of eighteen feet (18') to the property line adjacent to a public street. For pump islands that are perpendicular or diagonal to a public street, the setback shall be thirty feet (30') in order to prevent vehicles stacking out into the street while waiting for a pump position. Pump islands may extend beyond the front building line as described above (provided that all other requirements of this Ordinance are met), but shall not be closer than fifteen feet (15') to any property line that is not adjacent to a public street.

Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.

On a corner lot used for a single- or two-family dwelling, both street frontages shall be treated as front yards on all lots platted after May 23, 1988 (pursuant to the Subdivision Ordinance, Ordinance No. 525), except that one street exposure may be designated as a side yard for the corner lot if an alley, street right-of-way, creek/floodplain area, or other similar phenomenon physically separates the corner lot from the adjacent lot by a distance of fifteen feet (15') or more. In such case, a building line may be designated as a side yard (as determined by the applicable zoning district standards). On lots which were official lots of record prior to the effective date of this Ordinance, the minimum side yard adjacent to a side street shall comply with the minimum required side yard for the respective district.

Every part of a required side yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, and other architectural features not to exceed twelve inches (12") into the required side yard, and roof eaves projecting not to exceed thirty-six inches (36") into the required side yard. Air conditioning compressors and similar equipment are permitted in the side yard.

Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.

Slabs, driveways, porches and similar surfaces may be constructed in the rear yard area.

Every part of a required rear yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, and other architectural features not to exceed twelve inches (12") into the required rear yard, and roof eaves projecting not to exceed thirty-six inches (36") into the required rear yard. Air conditioning compressors and similar equipment are permitted in the rear yard.

Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.

In the districts where the height of buildings is restricted to two (2) to three (3) stories, cooling towers may extend for an additional height not to exceed fifty feet (50') above the average grade line of the building. Water stand pipes and tanks, church steeples, domes and spires, school buildings, and institutional buildings may be erected to exceed the height limit, as specified in the particular zoning district, provided that one (1) additional foot shall be added to the width and depth of front, side, and rear yards for each foot that such structures exceed the district height limit.

In all residential zoning districts (A, SF-10, SF-8.5, SF-7, SF-PH, D, SFA, MF and MH), commercial antennas and antenna support structures are prohibited, except as specified within this Section.

In nonresidential zoning districts (O, R, C, HC, LI and HI), commercial antennas and antenna support structures are allowed as follows:

No commercial antenna support structure shall be closer to any residential district boundary line or residential dwelling than a distance equal to twice the height of the support structure. Such setback/distance shall be measured as the shortest possible distance in a straight line from the structure to the closest point of a residential district boundary line or residential dwelling. Setbacks from residentially zoned property do not apply to antennae attached to utility structures exceeding fifty feet (50') in height, or to antennae placed wholly within or mounted upon a building.

No amateur or commercial antenna, antenna support structure, microwave reflector/antenna, or associated foundations or support wires or appurtenances shall be located within any required setback area for the front, side or rear yards.

The use of communications antennae (amateur or commercial) shall not infringe upon adjoining property owners.

Satellite dishes and other similar antennas shall be permitted on the roof of a building, as long as satellite dishes do not exceed three feet (3') in diameter and antennas do not extend over twelve feet (12') above the roof of the building. Any parabolic or satellite dish antenna over three feet (3') in diameter may not be mounted on the roof of a building. Roof-mounted antennae that comply with the above do not require additional yard setbacks or setbacks from residential areas or dwellings.

Only one (1) satellite dish shall be permitted per residential lot or primary structure, except that a maximum of two (2) dishes shall be allowed if both units are three feet (3') or less in diameter. Satellite dishes in any residential district shall not exceed twelve feet (12') in diameter.

All commercial signs, flags, lights and attachments other than those required for communications operations, structural stability, or as required for flight visibility by the FAA and FCC shall be prohibited on any antenna or antenna support structure.

All publicly owned antennae or antenna support structures shall be permitted in any district (e.g., public safety communications, etc.).

Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding, landscaping or other feature obstructs the vision of a motor vehicle driver approaching any street, alley, or driveway intersection. Whenever an intersection of a street(s), alley, and/or driveway occurs, a triangular visibility area shall be created. Landscaping, fences, walls, earthen berms and other features within the triangular visibility area shall be designed so as to provide unobstructed cross-visibility at a level between twenty-four inches (24") and eight feet (8') above the ground. The triangular areas are defined as follows:

Shrubs and plant materials that are typically less than twenty-four inches (24") in height at maturity may be located within sight visibility areas provided that they are kept maintained at a maximum height of twenty-four inches (24").

A limited number of single-trunked trees having a clear trunk (i.e., branching) height of at least eight feet (8') may be located within sight visibility areas provided that they are trimmed in such a manner that no limbs or foliage extend into the cross-visibility area defined above, and provided that they are spaced and positioned such that their trunks will not produce a visibility inhibiting, “picket-fence” effect when they attain mature size.

Nonresidential structures (e.g., churches, schools, day care centers, etc.) which are permitted in residential zoning districts (A, SF-10, SF-8.5, SF-7, SF-PH, D, SFA, MF and MH) shall be designed and constructed such that they conform to the development standards set forth in the Retail (R) zoning district (i.e., with respect to maximum height, minimum lot size, minimum front/side/rear setbacks, screening, etc.) unless otherwise stated in this Ordinance.

The following corrections shall be made to the table of octave band-decibel limits in determining compliance with the noise level standards.

Measurement of noise shall be made with a sound level meter on octave band analyzer meeting the standards prescribed by the American Standards Association.

The following uses and activities shall be exempt from the noise level regulations herein specified.

Of such density as to obscure an observer’s view to a degree equal to or greater than does smoke or contaminants in the standard prescribed by the American Society for Testing Materials (ASTM), except when the presence of uncombined water is the only reason for failure to comply or when such contaminants are emitted inside a building which prevents their escape into the atmosphere.

The emission of particulate matter from all sources shall not exceed 0.5 pounds per acre of property within the plant site per any one hour.

Open storage and open processing operations, including on-site transportation movements which are the source of wind or air borne dust or other particulate matter; or which involves dust or other particulate air contaminants, generating equipment such as used in paint spraying, grain handling, sand or gravel processing or storage or sand blasting shall be so conducted that dust and other particulate matter so generated are not transported across the boundary line of the tract on which the use is located in concentrations exceeding four grains per 1000 cubic feet of air.

No use shall be located or operated which involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line or any point beyond the tract on which such use or operation is located.

The odor threshold as herein set forth shall be determined by observation by a person or persons. In any case, where uncertainty may arise or where the operator or owner of an odor emitting use may disagree with the enforcing officer or where specific measurement of odor concentration is required, the method and procedures specified by ASTM shall be used.

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

The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents, and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of the City of Hutchins Fire Code or are approved by the Fire Chief.

No operation or use shall emit a concentration across the bounding property line of the tract on which such operation or use is located of toxic or noxious matter which will exceed 10 percent of the concentration (exposure) considered as the threshold limit for an industrial worker as such standards are set forth by the Texas State Department of Health in “Threshold Limit Values Occupational Health Regulation No. 3,” a copy of which is hereby incorporated by reference.

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

Any use shall be operated so as not to produce obnoxious and intense glare or direct illumination across the bounding property line from a visible source of illumination of such intensity as to create a nuisance or detract from the use or enjoyment of adjacent property. All outside lights shall be made up of a light source and reflector so selected that acting together, the light beam is controlled and not directed across any bounding property line above a height of three (3) feet. The allowable maximum intensity measured at the property line of a residential use in a residential district shall be 0.25 footcandles.

All off-street parking areas for nonresidential uses in nonresidential districts which are used after dark shall be illuminated beginning one-half (1/2) hour after sunset and continuing throughout the hours of business operation. If only a portion of a parking area is offered for use after dark, only that part is required to be illuminated in accordance with these standards. However, the portion offered for use shall be clearly designated. Lighting within the parking areas shall meet the following minimum requirements:

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

Light sources shall be of a down-light type, indirect, diffused, or shielded type luminaries installed and maintained so as to reduce glare effect and consequent interference with use of adjacent properties and boundary streets. Bare bulbs above seventy-five (75) watts and strings of lamps are prohibited, except for temporary lighting as provided in 39.5 below.

Bare bulbs or strings of lights are permitted during holidays and special events.

Home occupations shall be permitted as accessory uses in single-family, two-family and multifamily residential zoning districts (i.e., A, SF-10, SF-8.5, SF-7, SF-PH, D, SFA, MF and MID provided that they comply with all restrictions herein;

The occupation shall produce no alteration or change in the character or exterior appearance of the principal building from that of a residential dwelling, and performance of the occupation activity shall not be visible from the street;

Such use shall be incidental and secondary to the use of the premises for residential purposes;

The occupation shall not employ more than one (1) person who is not a member of the household in which the home occupation occurs;

Not more than two (2) patron or business-related vehicles shall be present at one time, and the proprietor shall provide adequate off-street parking on the property where the use is located;

The operation of such an occupation shall be between the hours of 7:00 a.m. and 10:00 p.m.;

One commercial vehicle, capacity of one ton or less (according to the manufacturer’s classification), may be used or parked (behind the front building line) on the property in connection with the home occupation, but said vehicle may not be parked in the street or within the front yard setback;

The occupation activity shall not increase vehicular traffic flow beyond what normally occurs within a residential district, and shall not require regular and frequent deliveries by large delivery trucks or vehicles with a rated capacity in excess of one and one-half tons, according to the manufacturer’s classification;

There shall be no outside storage, including trailers, or outside display related to the home occupation use;

No mechanical or electrical equipment shall be employed on the premises other than that which is customarily found in a home environment, and that which is customarily associated with a hobby or avocation which is conducted solely for pleasure and not for profit or financial gain;

The home occupation shall not generate noise, vibration, glare, fumes/odors, heat or electrical interference beyond what normally occurs within a residential district;

The occupation shall not require the use of chemicals on the property that are obnoxious or hazardous to the welfare of the neighborhood;

The home occupation shall not use advertising signs or window displays, or any other device that calls attention to the business use of the premises through audio and/or visual means, except that one (1) sign not exceeding one hundred and forty-four (144) square inches may be displayed;

The occupation shall not offer a ready inventory of any commodity for sale on the premises unless the commodity is made/assembled on site (e.g., arts and crafts items, handmade clothing, etc.); and

Office facility of an accountant, architect, landscape architect, attorney, engineer, consultant, insurance agent, realtor, broker, or similar profession;

Author, artist or sculptor;

Dressmaker, seamstress or tailor;

Music/dance teacher, or similar types of instruction, provided that instruction shall be limited to no more than one pupil at a time;

Individual tutoring and home schooling (maximum of four students who are not related by blood or marriage to the owner/occupant of the residence);

Millinery;

Office facility of a minister, rabbi, priest or other clergyman;

Home crafts, such as rug weaving, model making, etc.;

Office facility of a salesman, sales or manufacturer’s representative, etc., provided that no retail or wholesale transactions or provision of services are personally and physically made on the premises;

Repair shop for small electrical appliances, cameras, watches/clocks, and other small items, provided that the items can be carried by one person without using special equipment, and provided that the items are not equipped with an internal combustion engine;

Registered Family Homes (see definition in Appendix A-3), in compliance with applicable State laws, which are incorporated herein by reference, with no more than six (6) children;

Swimming lessons and water safety instruction, provided that such instruction involves no more than six (6) pupils at any one time; and

Bed and Breakfast Facility (see definition in Appendix A-3), provided that no more than five (5) guests are accommodated/served at a time.

Animal hospitals or clinics, commercial stables, or kennels;

Schooling or instruction, except swimming/water safety classes and home schooling, with more than one pupil at a time;

Restaurants or on-premises food or beverage (including Private Clubs) consumption of any kind, except for limited food/meal consumption associated with the operation of a licensed registered family home or a bed and breakfast facility;

Automobile, boat or trailer paint or repair shop; small engine or motorcycle repair shop; welding shop; large household appliance repair shop; or other similar type of business;

Office facility for a veterinarian;

On-premises retail or wholesale sales of any kind, except for items that are produced entirely on the premises in conformance with this Ordinance, and except for occasional garage sales;

Commercial clothing laundering or cleaning;

Mortuaries or funeral homes;

Trailer, vehicle, tool or equipment rentals;

Repair shops or services, except as specifically provided in Section 40.4 above;

Drapery or furniture upholstery shops;

Antique, gift or specialty shops;

Repair shops for any items having internal combustion engines;

Doctor or dentist office; and

Any use that would be defined by the Building Code as an Assembly, Factory/Industrial, Hazardous, Institutional or Mercantile occupancy.

Any use that is not either expressly allowed nor expressly prohibited by Sections 40.4 and 40.5, respectively, is considered prohibited, unless and until such use is classified by amendment to this Ordinance by the Hutchins City Council, subsequent to an affirmative recommendation by the Planning and Zoning Commission.

Any home occupation that was legally in existence as of the effective date of this Ordinance and that is not in full conformity with the provisions herein shall be deemed a legal nonconforming use, and is subject to the provisions of Section 7 provided that the owner/proprietor of such home occupation register his/her business with the City within ninety (90) days of the effective date of this Ordinance, and provided that the home occupation use was not in violation of any other local, State or Federal law or regulation on that date. Proof of the existence of such home occupation use prior to the effective date of this Ordinance shall be required upon registration.

Any home occupation that was legally in existence as of the effective date of this Ordinance and that conforms with (i.e., is not in violation of) the provisions herein shall be hereby authorized to continue, provided that the home occupation use is registered with the City as described in Subsection A above.

For the purpose of this Section, the following definitions shall apply:

The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new, altered or repaired construction occurring within the City.