Property within the boundaries of DFW International Airport is specifically excluded from the provisions of this overlay district. The provisions of this overlay shall apply to all other properties, except those governed by V.T.C.A., Transportation Code § 22.074 until such time as the properties are no longer governed by such section.

Property within the State Highway 183 overlay district, as defined in section 2.3.4, is specifically excluded from the provisions of the State Highway 161 overlay district.

Whenever the provisions of the State Highway 161 overlay district conflict with any other requirement in any other zoning ordinance, the more restrictive standard shall apply.

Properties with Detailed Site Plan (S-P-1), Generalized Site Plan (S-P-2), a Conditional Use Permit (CUP), or with an approved development plan in Planned Unit Development (PUD) districts shall comply with the requirements of their respective site plan zoning or development plan relative to any specific provisions for uses, setbacks, height, parking, landscaping, and/or signage.

Unless specifically delineated or noted on an approved site plan, Conditional Use Permit, or development plan, the standards of the State Highway 161 overlay district shall take precedence over any other less-specific standard of the approved plan.

Land uses with specific requirements and approval processes established elsewhere in this ordinance including, but not limited to, nondepository financial institutions, restaurants with the accessory use of the sale of alcoholic beverages, wireless telecommunications facilities, environmentally sensitive land uses, and multifamily development remain subject to the specific requirements and approval processes established for such uses elsewhere in this ordinance.

Hotels shall be permitted without the requirement of an S-P-1 (Detailed Site Plan) or S-P-2 (Generalized Site Plan) in segments 2A, 2B, 2C, and 3A, as described in the Table of Permitted Uses in section 2.3.3(b)(3), provided that the hotel meets all other development and design requirements set forth in section 3.10. Hotels including the service of alcoholic beverages for on-premise consumption must still obtain S-P-1 (Detailed Site Plan) for R-AB (Restaurant with Alcoholic Beverage) zoning, as described in section 3.3 of this ordinance.

Uses are permitted in the various segments of the State Highway 161 overlay district in accordance with the following use chart. The uses permitted by this chart take precedence over any uses permitted or not permitted by the base zoning of any particular property, with the exception of properties zoned Detailed Site Plan (S-P-1), Generalized Site Plan (S-P-2) or with an approved development plan in Planned Unit Development (PUD) zoning. This chart still applies to uses not explicitly permitted and/or prohibited by the site plan or development plan.

If property has a residential base zoning, it must be at least three (3) acres or larger for the nonresidential uses permitted in this overlay district to be allowed.

Segments.

Table of permitted uses.

Existed on March 22, 2012; or

Which may exist in accordance with the underlying zoning district on any lot or tract for which an application for platting, replatting, or a building permit for such use was pending on March 22, 2012;

All exterior walls of principal buildings shall be ninety-five (95) percent masonry.

Masonry coverage calculation does not include architectural accents, chimneys, doors, windows, window box-outs, or bay windows that do not extend to the foundation.

Masonry material shall consist of any combination of materials listed below. For the purpose of this section the following definitions shall apply:

Exterior Insulation and Finish System (EIFS), vinyl and wood siding may be used as architectural accent material when placed more than four (4) feet above grade.

All nonresidential buildings shall comply with the material and architectural detail requirements of the commercial design standards established in Sections 3.5 and 3.6 of this ordinance, except that façades facing State Highway 161 shall provide vertical articulation of eighteen (18) percent of the wall's height as opposed to the standard fifteen (15) percent.

Outside storage. Outside storage of any kind, other than display of automobiles or similar vehicles for sale or lease, temporary storage of shopping carts in cart corrals constructed per section 2.3.4(e)(4)(g), or as allowed by section 3.18.3(i), is not allowed between any principal use building and the right-of-way of any street.

Any detached accessory building in a residentially-zoned ("R") district shall meet the requirements of section 3.1 of this ordinance, except that any accessory building over two hundred fifty (250) square feet and visible from a street shall be constructed of at least seventy-five (75) percent masonry materials to match or be complementary in color to the principal building. This requirement does not apply to greenhouses or in-ground swimming pools.

Accessory buildings in multifamily districts shall comply with the requirements set forth in the approved multifamily concept plan, or section 3.13 (Multifamily Development Standards).

Accessory buildings in all other districts shall be constructed with an approved masonry material as described in Section 3.4 (Commercial Design Standards) of this ordinance, with the exception of the following:

Carports on commercial or multifamily properties not visible from a street right-of-way need not meet the masonry requirements.

Accessory buildings in nonresidential and multifamily districts are prohibited within the parking lot area, or between a principal use building and the right-of-way of State Highway 161/President George Bush Turnpike.

All parking areas visible from a public or private right-of-way shall be screened from the right-of-way by a row of shrubs, a berm, or a masonry wall a minimum of three (3) feet tall.

The shrubs, berm, or wall may be located anywhere within the landscaping buffer, but shall not create a visibility obstruction at intersections or driveways. Shrubs shall be planted in a planting bed and be a minimum of eighteen (18) inches tall at time of planting, and shall be planted no more than three (3) feet apart. The area within the planting bed separating the shrubs shall be planted with native grasses from the list in subsection 2.3.3(c)(5)(c), below. Berms shall be covered with grass or ground cover. Masonry walls shall be of the same materials and colors as the main building on the property.

Approved native grasses include:

Landscape buffers may be crossed by perpendicular or angled entry or exit driveways that comply with the City of Irving Access Policy, but may not be utilized for on-site circulation of fire lanes.

Landscape buffers may include a sidewalk not less than six (6) feet or more than eight (8) feet in width.

If a sidewalk is placed within the required landscape buffer, the sidewalk shall be incorporated into the landscaping plan by including such features as enhanced pavers, bricks, scored concrete or stamped asphalt, a meandering path, benches, or other elements that enhance the pedestrian experience but without compromising safety or accessibility requirements.

All parking lots shall be landscaped with a minimum of one (1) tree for every ten (10) parking spaces.

Trees may be evenly spaced or they may be clustered, provided that:

Areas of public rights-of-way between a property line and the back of curb of the frontage road or travel lane of an adjacent street shall be maintained by the adjacent property owner, including mowing and irrigation of grass, removal of trash and litter, and maintenance of landscaping, unless otherwise prohibited by the Texas Department of Transportation, the North Texas Tollway Association, or the City of Irving.

If the right-of-way area exceeds fifty (50) feet in depth, the adjacent property owner shall be required to maintain only the fifty (50) feet of right-of-way immediately adjacent to the property owner's property line.

This section only applies to commercial and multifamily properties, or vacant properties zoned for commercial or multifamily uses.

All landscaping on the premises and within the adjacent right-of-way shall be irrigated by an automatic irrigation system installed in accordance with all applicable Texas Department of Transportation and North Texas Tollway Association policies, and/or City of Irving ordinances.

All main lines, zone control valves, controllers, backflow valves, and wiring shall be installed outside the public right-of-way.

Any water lines, shut off valves, or sprinkler heads installed in the right-of-way shall comply with the standards of the Texas Department of Transportation and the North Texas Tollway Association.

All landscaping shall be maintained in a healthy condition at all times. Dead or damaged landscaping shall be replaced immediately. The director may approve a delay in replacing dead or damaged landscaping not exceeding one hundred eighty (180) days due to seasonal or other considerations that would justify a postponement. Additional postponement may be granted by the director in drought or other declared water emergency conditions.

A continuous loading area, minimum eight (8) feet in width, shall be provided along any building side where there is access to storage units for parking and loading in addition to and outside of any fire lane.

A mini-warehouse or self storage facility shall maintain one (1) space per twenty thousand (20,000) square feet of leasable storage space with direct access for individual units to the outside, one (1) space per seven thousand five hundred (7,500) square feet of leasable storage space without direct access for individual units to the outside, one (1) space per two hundred fifty (250) square feet for office and retail uses, and two (2) spaces for on-site resident manager, if applicable. However, no fewer than seven (7) spaces shall be provided, with at least five (5) spaces located outside any gated or controlled access area.

Projects shall be designed with solid exterior masonry walls with no openings, so that access doors to the storage units are not visible from any public right-of-way or from any adjacent property.

The building exterior shall be one hundred (100) percent masonry as defined in section 3.4.2(a)(3) (Building materials Design Standards) and shall utilize a minimum of two (2) distinct building materials from the approved masonry list. Building sides visible to any property line or to any street right-of-way shall include secondary masonry materials that comprise at least ten (10) percent of the building façade, and shall meet the building articulation requirements in section 2.3.3(c)(2).

A minimum ten-foot building setback shall be required adjacent to any residentially-zoned property. All other district setback lines shall apply.

Maximum height of buildings within thirty (30) feet of a residential structure shall be eleven (11) feet, measured from the foundation to the peak of the roof. Maximum height in all other areas shall be twenty-five (25) feet.

All signage shall be prohibited from being placed on exterior screening walls or on the rear of a building utilized as a screening wall. Additionally, signage shall be prohibited on all roofs.

No roof-mounted equipment shall be permitted.

Roofs, doors, and walls shall be painted with a non-reflective, muted shade of earth-tone colors, such as red, blue, brown, green, or white. Bright colors and neon colors are prohibited.

Mini-warehouse and self-storage units shall be used exclusively for storage purposes and not for any other use, processing, services, or activities. Outside storage is prohibited in conjunction with this use. Overnight outdoor storage or parking of trucks, recreational vehicles, boats, watercraft, trailers, and automobiles is prohibited.

Retail space may be provided as an accessory use to the mini-warehouse use. Retail shall be limited to items directly related to the shipping, packaging, storage and transport of items to and from the mini-warehouse facility, and for the leasing of individual storage units. The rental and leasing of any vehicle is prohibited, including trucks, cars, vans, trailers, flatbeds, or any other motorized vehicle or wheeled attachment to a motorized vehicle.

One (1) residential unit is permitted for an on-site manager and may contain no more than seven hundred fifty (750) square feet of living space.

Assisted living facility or long-term care facility: One (1) space per two (2) dwelling units. No maximum number of parking spaces.

Call centers: Parking for call centers: One (1) space per seventy-five (75) square feet of space in the call center areas, and one (1) space per three hundred (300) square feet for all other office uses.

Continuing care facility: Parking requirements shall be based upon the proportionate individual parking requirements of the independent living facility, assisted living facility, and/or long-term care facility within the continuing care facility. No maximum number of parking spaces.

Dance, assembly halls, exhibition halls and motion picture theater: One (1) space per one hundred (100) square feet.

Day care or child care center: One (1) space per three hundred (300) square feet. No maximum number of parking spaces.

Depository financial institution: One (1) space per three hundred (300) square feet. Additionally, each drive-through lane shall have at least two (2) stacking spaces for each lane, measured from the point of service, and at least one (1) additional stacking space for each lane. Two (2) lanes may combine their additional stacking space into a single feeder lane, provided that the same total number of stacking spaces is included. Each stacking space shall be twenty (20) feet long, may not be in a fire lane, and may not block any parking or loading space.

Hospital, emergency care clinic, or urgent care clinic: One (1) space per two hundred (200) square feet. No maximum number of parking spaces.

Independent living facility: One (1) space per dwelling unit. No maximum number of parking spaces.

Industrial/manufacturing: One (1) space per six hundred (600) square feet.

Medical or dental office: One (1) space per two hundred fifty (250) square feet.

Mini-warehouse and self-storage: See section 2.3.3(c)(10).

Offices and business services, excluding call centers and medical offices: One (1) space per three hundred (300) square feet.

Religious institution: One (1) space per one hundred seventy-five (175) square feet of primary assembly space.

Restaurants with alcoholic beverage service: One (1) space per two and one-half (2.5) seats.

Restaurant with drive-through: One (1) space per one hundred twenty-five (125) square feet. Additionally, each drive-through lane shall have at least three (3) stacking spaces for each lane, measured from the initial point of service, and at least two (2) additional stacking spaces for each lane. Two (2) lanes may combine their additional stacking space into a single feeder lane, provided that the same total number of stacking spaces is included. Each stacking space shall be twenty (20) feet long, may not be in a fire lane, and may not block any parking or loading space.

Restaurants without drive-through: One (1) space per one hundred twenty-five (125) square feet.

Retail uses, general: One (1) space per two hundred fifty (250) square feet.

Warehouse/Distribution: One (1) space per two thousand (2,000) square feet for the first one hundred thousand (100,000) square feet; one (1) space per five thousand (5,000) square feet above one hundred thousand (100,000) square feet.

Accessible parking;

Bus, vanpool, and carpool parking;

Dedicated motorcycle or motor scooter parking;

Structured parking, underground parking, or parking within, above, or beneath the building(s) it serves.

Exceptions to the maximum parking requirements may be allowed in situations that meet all of the following criteria as determined by the director:

Retail, restaurant, office, and entertainment uses shall provide designated bicycle parking areas within fifty (50) feet of the building entrance with a minimum of one (1) bicycle parking space for each fifty (50) vehicle parking spaces, up to a maximum of ten (10) bicycle parking spaces.

Retail, restaurant, office, and entertainment uses shall provide dedicated parking spaces for motorcycle and motor scooter parking at a minimum ratio of one (1) space per fifty (50) automobile parking spaces. Such spaces shall be striped and be a minimum of four and one-half (4.5) feet wide and twelve (12) feet deep, and be perpendicular to the access drive.

If the required minimum parking on a lot, or the required minimum parking on a combination of lots functioning as a single development, exceeds five hundred (500) spaces, a minimum of twenty-five (25) percent of the spaces must be in a parking structure, underground parking, or parking within, above, or below the building it serves.

Parking location. No more than twenty-five (25) percent of the required parking for a use may be located between the façade of a building and the State Highway 161/PGBT, State Highway 114, and Interstate Highway 635 right-of-way. The additional seventy-five (75) percent may be located beside or behind the façade facing the State Highway 161/PGBT, State Highway 114, and Interstate Highway 635 right-of-way.

Internal walkways.

Walkways crossing driveways. Where internal pedestrian walkways cross driveways, such walkways shall be distinguished from driving surfaces through the use of design features such as contrasting colors, enhanced pavers, stamped concrete or asphalt, bricks, scored concrete, and alternate colors. Painted or adhesive markings shall not be permitted. Crossings shall comply with all applicable requirements of the Texas Accessibility Standards.

Shopping carts. Cart corrals shall be provided by all establishments using shopping carts. Cart corrals shall be uncovered and shall not occupy required parking spaces, but shall be placed in designed locations within the parking lot or adjacent to the building, and surrounded by landscaping with trees. When an establishment is closed, shopping carts are to be stored either within the building or screened with a wall that is integral to the architectural design of the building.

Paving standards.

The location of above ground utility facilities should be identified early in the design process. Utility facilities shall be located where they do not conflict with featured views, outdoor dining areas, and/or site circulation. Facilities should be accessible for maintenance and service requirements.

Loading areas, docks, truck parking, overhead doors, outdoor storage, utility meters, HVAC equipment, trash collection, and other building service functions and areas shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are contained and out of view from adjacent properties and streets. These functions and areas shall not be on any façade facing State Highway 161/PGBT, State Highway 114, Interstate Highway 635, or any other public street frontage.

Solid waste collection areas and ground mounted mechanical equipment shall be screened from view from State Highway 161/PGBT, State Highway 114, Interstate Highway 635, any other street, and any adjacent residentially-zoned property.

Roof mounted mechanical equipment, including solar panels, shall be screened from view in accordance with applicable construction codes as adopted by the City of Irving.

Single-family residential structures existing on March 22, 2012 may be repaired, remodeled, rehabilitated, or otherwise improved under the zoning provisions to which the structure was originally subject.

Accessory structures associated with an existing single-family lot existing on March 22, 2012 being repaired, remodeled, rehabilitated, improved, or expanded shall bring the entire accessory structure into conformance with the provisions of section 2.3.3(c)(3)(a) herein if the value of the repairs, remodeling, rehabilitation, improvements, or expansion constitute at least fifty (50) percent additional floor area or at least fifty (50) percent of the current value of the structure as established by the most current certified value established by the Dallas Central Appraisal District. For the purpose of determining whether improvements to existing structures shall require compliance with this section, the increase in floor area and/or value shall be aggregated over a three-year period.

Any multi-family residential structure existing on March 22, 2012 shall be deemed to be a legal, conforming land use provided that it is in conformance with the zoning ordinance requirements in place at the time the initial building permit was issued.

Such structures may be repaired, remodeled, rehabilitated, or otherwise improved under the zoning provisions to which the structure was originally subject, provided that if any repair, remodel, rehabilitation, or improvements exceed fifty (50) percent of the square footage of a building's exterior, exclusive of doors and windows, the following materials shall be prohibited:

The aforementioned materials may be used as trim or for architectural detail, provided that they collectively comprise no more than five (5) percent of the siding on any given building elevation (exclusive of doors and windows), and that EIFS is not used below four (4) feet above grade.

If an existing nonresidential structure is expanded by thirty (30) percent or more of its first floor area, or if one (1) or more additional floors are added, or if it is being repaired, remodeled, rehabilitated, or otherwise improved to the point that the value of the repairs, remodeling, rehabilitation, or improvements constitute at least thirty (30) percent of the current value of the structure as established by the most current certified value established by the Dallas Central Appraisal District, the entire structure and the entire property on which it stands shall be brought into compliance with the standards established in this section 2.3.3.

For the purpose of determining whether repairs, remodeling, rehabilitation, or improvements to existing structures and properties shall require compliance with this section, the increase in floor area and/or value shall be aggregated over a three-year period.

Any improvements to the landscaping that brings the property closer to compliance with the provisions of this section shall not be included in the value calculation described in section 2.3.3(i)(4)(b).

The standards established by this subsection 2.3.4(e) shall apply to all newly constructed nonresidential structures and all new nonresidential development within the boundaries of the State Highway 183 overlay district.

If an existing nonresidential structure is expanded by thirty (30) percent or more of its first floor area, or if one (1) or more additional floors are added, or if it is being repaired, remodeled, rehabilitated, or otherwise improved to the point that the value of the repairs, remodeling, rehabilitation, or improvements constitute at least thirty (30) percent of the current value of the structure as established by the most current value established by the Dallas Central Appraisal District, the entire structure and the entire property on which it stands shall be brought into compliance with the standards established by this subsection 2.3.4(e). For the purpose of determining whether improvements to existing structures and properties shall require compliance with this section, the increase in floor area and/or value shall be aggregated over a three-year period.

A thirty-foot-wide landscaping buffer shall be required along any property line adjacent to the right-of-way of State Highway 183, Loop 12, State Highway 114, Spur 482, or State Highway 161, and a fifteen-foot-wide landscaping buffer shall be required along any property line adjacent to any other thoroughfare.

The landscaping buffers shall include a combination of landscaping elements including grass, ground cover, shrubs, flowers, seasonal plantings, and trees. All landscaping materials shall be from the list of approved trees and shrubs adopted by the city council pursuant to section 4.5 (Landscaping and Trees) of this ordinance, and be a native or adapted, heat and drought-tolerant species with a low water demand. Trees and shrubs shall be of the sizes required by section 4.5. Landscape designs with low water demand are encouraged. Landscape designs and hardscape elements including plazas, planters, benches, fountains, art, boulders, tables, and similar features may be permitted as part of an overall landscaping plan subject to approval by the director if the hardscape elements are consistent with the overall design of the development, do not conflict with visibility requirements or easements, and do not create any potential safety hazard.

Within the thirty-foot-wide landscaping buffer along the State Highway 183, Loop 12, State Highway 114, Spur 482, or State Highway 161 frontage, one (1) tree shall be planted for each thirty (30) feet of linear frontage of the landscaped buffer. Within the fifteen-foot-wide landscaping buffer along frontages other than State Highway 183, Loop 12, State Highway 114, Spur 482, or State Highway 161, one (1) tree shall be planted for each forty (40) feet of linear frontage. Trees should be staggered, clustered, and otherwise arranged in landscaped areas in order to enhance the visibility of the buildings rather than being spaced evenly across the frontage of the property.

The thirty-foot and fifteen-foot-wide landscaping buffers shall also include a row of shrubs, a berm, or a masonry wall a minimum of three (3) feet tall to screen parking and driveways within the development. The shrubs, berm, or wall may be located anywhere within the landscaping buffer, but shall not create a visibility obstruction at intersections or driveways. Shrubs shall be planted in a planting bed and be a minimum of eighteen (18) inches tall at time of planting, and shall be planted no more than three (3) feet apart. The area within the planting bed separating the shrubs shall be planted with native grasses from the list in subsection 2.3.4(k)(1)(e) below. Berms shall be covered with grass or ground cover. Masonry walls shall be of the same materials and colors as the main building on the property. See subsection 2.3.4(i)(4)(a) for specific provisions for automobile sales lots.

The landscaped buffers may be crossed by perpendicular or angled entry or exit driveways that comply with the City of Irving Access Policy, but may not be utilized for on-site circulation or fire lanes. The landscaped buffers may include a sidewalk not less than six (6) feet or more than eight (8) feet in width. If a sidewalk is placed within the required landscaped buffer, the sidewalk shall be incorporated into the landscaping plan by including such features as enhanced pavers, bricks, scored concrete or stamped asphalt, a meandering path, benches, or other elements that enhance the pedestrian experience but without compromising safety or accessibility requirements.

All parking lots shall be landscaped with a minimum of one (1) tree for every ten (10) parking spaces. Trees may be evenly spaced throughout parking lots with less than one hundred (100) parking spaces. In parking lots with one hundred (100) or more parking spaces, trees should be clustered in landscaped island areas, along major drives, or otherwise distributed within the parking area rather than being evenly spaced. However, a minimum of fifty (50) percent of the total required trees shall be within the interior of the parking lot, and not distributed around the perimeter of the parking lot. Each tree shall be planted in an area no smaller than five (5) feet by five (5) feet. See subsection 2.3.4(i)(4)(a) for specific provisions for automobile sales lots.

Parking garages, if provided, shall provide a ten-foot-deep landscape buffer around the entire base of the parking garage. Trees shall be planted thirty (30) feet on-center within the landscape buffer. Parking garages attached to a building shall provide the landscaped buffer only on those exterior sides not adjacent to the attached building.

Areas of public rights-of-way between a property line and the back of curb of the frontage road or travel lane of an adjacent street shall be maintained by the adjacent property owner, including mowing and irrigation of grass, removal of trash and litter, and maintenance of landscaping, unless prohibited by the Texas Department of Transportation or the City of Irving. If the right-of-way area exceeds fifty (50) feet in depth, the adjacent property owner shall be required to maintain only the fifty (50) feet of right-of-way immediately adjacent to the property owner's property line.

All landscaping on the premises and within the adjacent right-of-way shall be irrigated by an automatic irrigation system installed in accordance with all applicable Texas Department of Transportation policies and City of Irving ordinances. All main lines, zone control valves, controllers, backflow valves, and wiring shall be installed outside of the public right-of-way. Any water lines, shut off valves, or sprinkler heads installed in the right-of-way shall comply with the standards of the Texas Department of Transportation.

All landscaping shall be maintained in a healthy condition at all times. Dead or damaged landscaping shall be replaced immediately. The director may approve a delay in replacing dead or damaged landscaping not exceeding one hundred eighty (180) days due to seasonal or other considerations that would justify a postponement. Additional postponement may be granted by the director in drought or other declared water emergency conditions.

Development shall be designed to minimize the amount of paving and parking between buildings and the State Highway 183, Loop 12, State Highway 114, Spur 482, or State Highway 161 frontage.

No more than twenty-five (25) percent of the required parking for a use may be located between the façade of a building and the State Highway 183, Loop 12, State Highway 114, Spur 482, and State Highway 161 right-of-way. The additional seventy-five (75) percent may be located beside or behind the façade facing the State Highway 183, Loop 12, State Highway 114, Spur 482, and State Highway 161 right-of-way.

All parking lots that contain more than one hundred (100) parking spaces shall include internal pedestrian walkways a minimum of five (5) feet wide from the public sidewalk to the main entrance of the principal use of the property, and shall comply with all applicable requirements of the Texas Accessibility Standards for width, slope, texture, level differences, and ramps. Pedestrian walkways shall be provided for every three (3) driving aisles or at a distance of not more than one hundred-eighty-foot intervals, whichever is less.

Pedestrian walkways shall also be provided to connect points of origin such as outlying parking spaces and bus stops with destinations such as building entrances. All such walkways shall be constructed of conventional sidewalk materials, enhanced pavers, stamped concrete or asphalt, bricks, or scored concrete, shall be clearly marked, and shall comply with all applicable requirements of the Texas Accessibility Standards for width, slope, texture, level differences, and ramps.

Where internal pedestrian walkways cross driveways, such walkways shall be distinguished from driving surfaces through the use of design features such as contrasting colors, enhanced pavers, stamped concrete or asphalt, bricks, scored concrete, and alternate colors. Such crossings shall comply with all applicable requirements of the Texas Accessibility Standards.

Accessory buildings and uses are not permitted within the parking lot area, or between a principal use building and the right-of-way of State Highway 183, Loop 12, State Highway 114, Spur 482, State Highway 161, or any other street right-of-way.

Outside storage of any kind, other than outside display of automobiles or similar vehicles for sale or lease, temporary storage of shopping carts in cart corrals per subsection (e)(4)g. below, or as allowed by subsection 3.18.3(i) not allowed between any principal use building and the right-of-way of State Highway 183, Loop 12, State Highway 114, Spur 482, State Highway 161, or any other street right-of-way.

Cart corrals shall be provided by all establishments using shopping carts. Cart corrals shall be uncovered and shall not occupy required parking spaces, but shall be placed in designed locations within the parking lot or adjacent to the building, and surrounded by landscaping with trees. When an establishment is closed, shopping carts are to be stored either within the building or screened with a wall that is integral to the architectural design of the building.

Parking for the uses allowed by this overlay shall be provided in accordance with section 4.4.3 of this ordinance with the following exceptions:

Parking lots, automobile display lots, internal driveways, vehicle circulation areas, and any property used for parking or storage of vehicles, trucks, trailers, or motorized equipment of any kind shall be paved with a minimum of five (5) inches of three thousand (3,000) pounds per square inch concrete with #3 rebar on eighteen-inch centers both ways. Parking lots, driveways, and internal circulation areas shall be maintained free of potholes, with a smooth surface free of rubble, and cracks sealed. Permeable paving meeting the applicable standards of the city may be installed in low traffic volume areas or areas that are not used for fire lanes or loading and unloading.

All required parking shall be clearly striped.

Light sources shall be concealed or shielded with luminaries containing shielding, skirts, or cut-offs with a cutoff angle not exceeding ninety (90) degrees to minimize the potential for glare and unnecessary diffusion on adjacent property. For purposes of this requirement, the angle shall be measured using a line drawn from the direction of light rays at the light source or reflector, and a line perpendicular to the ground from the light source above from which no light is emitted.

Parking lots and other background spaces shall be illuminated as unobtrusively as possible while meeting the functional needs of safe circulation and protection of people and property. Foreground spaces, such as building entrances and outside seating areas, shall utilize local lighting that defines the space without glare. Floodlights shall not be utilized to light any portion of a building façade after normal business hours. For purposes of this section, if the seating area of a restaurant is closed but a drive-through remains open, the business shall be considered to be closed and any floodlights shall be turned off.

The style of light standards and fixtures shall be consistent with the overall theme and design of the State Highway 183 overlay district. Architectural styles consistent with on-site buildings may be approved by the director. "Cobra head" fixtures, galvanized metal poles, and arm lengths greater than four (4) feet are prohibited.

Lighting shall not cast glare onto adjacent lots or streets in any way that decreases the safety of pedestrians and vehicles.

In no case shall exterior lighting add more than one (1) footcandle to illumination levels at any point off-site.

Lights may be used to highlight trees and similar features within public and private plazas, courtyards, walkways, and other similar outdoor areas at night to create excitement and a festive ambiance.

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.

Architectural lighting may be used to articulate the particular building design or to create effects of shadow, relief, and outline that add visual interest and highlight aspects of the building. Lighting of cornices, up lighting, and other effects may be used. For upward-directed architectural, landscape, or decorative lighting, direct light emissions shall not be visible above the roof line.

Building-mounted light fixtures shall be attached to walls, and the top fixture shall not be lower than ten (10) feet or higher than eighteen (18) feet above finished grade, except entry/exit lighting positioned above the entry/exit.

All outdoor light not necessary for security purposes shall be reduced, activated by motion sensor detectors, or turned off after normal business hours.

No flickering or flashing lights shall be permitted except for temporary decorative seasonal lighting.

White light meeting a minimum color standard of 2800 kelvin shall be used at all times. The use of low-sodium vapor or high-pressure sodium vapor lighting is prohibited.

Any exterior lighting device (luminaire) designed for security lighting shall be protected by weather-and vandal-resistant covering, be a managed light source, and directed down to minimize glare and intrusiveness.

Parking lot, driveways, and pedestrian circulation route lighting shall provide a uniform level of light throughout the entire parking area. Fixtures shall be arranged in order to provide uniform illumination throughout the parking lot of a 3:1 uniformity ratio of average illumination to minimum illumination.

Freestanding light fixtures shall not exceed twenty (20) feet in height within fifty (50) feet of any residential zoning district, twenty-five (25) feet in height within fifty (50) to one hundred fifty (150) feet of any residential zoning district, and thirty-five (35) feet in all other locations. For the purposes of this requirement, height shall be measured from the top of a light fixture to the adjacent grade at the base of the support for that light fixture.

Concrete light fixture bases shall be no taller than eighteen (18) inches.

Light fixtures mounted under canopies shall be recessed so that the lens cover is recessed or flush with the bottom surface of the canopy and/or shielded to eliminate glare on the adjacent property or right-of-way.

A fifteen-foot-wide landscaping buffer shall be required along any property line adjacent to the right-of-way of State Highway 183, Loop 12, State Highway 114, Spur 482, and State Highway 161, and a ten-foot-wide landscaping buffer shall be required along any property line adjacent to any other thoroughfare.

The landscaping buffer shall include a combination of landscaping elements including grass, ground cover, shrubs, flowers, seasonal plantings, and trees. All landscaping materials shall be from the list of approved trees and shrubs adopted by the city council in accordance with section 4.5 (Landscaping and Trees), and be a native or adapted, heat and drought-tolerant species with a low water demand. Trees and shrubs shall be of the sizes required by section 4.5. Landscape designs with low water demand are encouraged. Landscape designs and hardscape elements including plazas, planters, benches, fountains, art, boulders, tables, and similar features may be permitted as part of an overall landscaping plan subject to approval by the director.

Within the fifteen-foot and ten-foot-wide landscaping buffers, one (1) tree shall be planted for each forty (40) feet of linear frontage of the landscaped buffer. Trees should be staggered, clustered, and otherwise arranged in landscaped areas rather than spaced evenly across the frontage of the property in order to enhance the visibility of the buildings.

The fifteen-foot and ten-foot-wide landscaping buffers shall also include a row of shrubs, a berm, or a masonry wall a minimum of three (3) feet tall to screen parking and driveways within the development. The shrubs, berm, or wall may be located anywhere within the landscaping buffer, but shall not create a visibility obstruction at intersections or driveways. Shrubs shall be planted in a planting bed and be a minimum of eighteen (18) inches tall at time of planting, and shall be planted no more than three (3) feet apart. The area within the planting bed separating the shrubs shall be planted with native grasses from the list in subsection 2.3.4(k)(1)e. below. Berms shall be covered with grass or ground cover. Masonry walls shall be of the same materials and colors as the main building on the property. See subsection 2.3.4(i)(4)a. for specific provisions for automobile sales lots.

The landscaped buffers may be crossed by perpendicular or angled entry or exit driveways that comply with the City of Irving Access Policy, but may not be utilized for on-site circulation or fire lanes. The landscaped buffers may include a sidewalk not less than six (6) feet or more than eight (8) feet in width. If a sidewalk is placed within the required landscaped buffer, the sidewalk shall be incorporated into the landscaping plan by including such features as enhanced pavers, bricks, scored concrete or stamped asphalt, a meandering path, benches, or other elements that enhance the pedestrian experience but without compromising safety or accessibility requirements.

All parking lots shall be landscaped with a minimum of one (1) tree for every thirty (30) parking spaces. Trees may be evenly spaced throughout the parking lot, or clustered in landscaped island areas, along major drives and fire lanes, or otherwise distributed within the parking area. However, a minimum of fifty (50) percent of the total required trees shall be within the interior of the parking lot, and not distributed around the perimeter of the parking lot. Each tree shall be planted in an area no smaller than five (5) feet by five (5) feet. See subsection 2.3.4(i)(4)a. for specific provisions for automobile sales lots.

Areas of public rights-of-way between a property line and the back of curb of the frontage road or travel lane of an adjacent street shall be maintained by the adjacent property owner, including mowing and irrigation of grass, removal of trash and litter, and maintenance of the landscaping unless prohibited by the Texas Department of Transportation or the City of Irving. If the right-of-way area exceeds fifty (50) feet in depth, the adjacent property owner shall be required to maintain only the fifty (50) feet of right-of-way immediately adjacent to the property owner's property line.

All landscaping on the premises and within the right-of-way shall be irrigated by an automatic irrigation system installed in accordance with all applicable ordinances and policies. All main lines, zone control valves, controllers, backflow valves, and wiring shall be installed outside of the public right-of-way. Any water lines, shut off valves, or sprinkler heads installed in the right-of-way shall comply with the standards of the Texas Department of Transportation.

All landscaping shall be maintained in a healthy condition at all times. Dead or damaged landscaping shall be replaced immediately. The director may approve a delay in replacing dead or damaged landscaping not exceeding one hundred eighty (180) days due to seasonal or other considerations that would justify a postponement. Additional postponement may be granted by the director in drought or other declared water emergency conditions.

The director may approve alternate landscaping plans that meet the spirit and intent of this overlay. Criteria for approving an alternate landscaping plan include, but are not limited to, (1) the landscaping plan provides the required number of trees or total landscaped area, but not in the locations required by this overlay; (2) the landscaping plan maximizes the amount of landscaping while keeping the required number of parking spaces within twenty (20) percent of the minimum number of spaces required by this overlay; (3) compliance with the landscaping requirements would create a parking shortage greater than twenty (20) percent of the minimum requirement; or (4) restrictions exist that are beyond the control of the property owner (such as transit-related easements or cross-access easements existing as of February 3, 2011) that prevent installation of landscaping in the required location. Nothing in this section shall be construed to require the demolition of a building to create the landscape buffer. The director is not required to approve an alternate landscaping plan, but may for any reason chose to disapprove it. Appeals to the director's disapproval shall be processed in the same manner as for a variance to section 4.5 (Landscaping and Trees).

All landscaping required by this subsection shall be installed no later than three (3) years after completion of frontage road construction work along the particular property's frontage, or upon issuance of a new certificate of occupancy, whichever occurs first. Should a new certificate of occupancy be issued prior to completion of frontage road construction work along the property's frontage, the planting of trees and other landscaping along the frontage may be deferred until three (3) years after completion of the frontage road construction, however, the landscaped area shall be planted with grass or ground cover, and maintained and irrigated in accordance with subsections g., h., and i. above. For properties included in the State Highway 183 overlay that do not front directly onto State Highway 183 but are within three hundred (300) feet of the right-of-way of State Highway 183, the landscaping required by this subsection shall be installed no later than three (3) years after completion of the portion of the frontage road nearest the particular property. For properties included in the State Highway 183 overlay that front only Loop 12, State Highway 114, Spur 482, or State Highway 161, landscaping will be required at the time of initial development or redevelopment that constitutes at least fifty-one (51) percent of the current value of the property as established by the latest approved city tax roll prepared by the Dallas Central Appraisal District.

Parking for the uses allowed by this overlay shall be provided in accordance with section 4.4.3 with the following exceptions:

Parking lots, automobile display lots, internal driveways, vehicle circulation areas, and any property used for parking or storage of vehicles, trucks, trailers, or motorized equipment of any kind shall be maintained free of potholes, with a smooth surface free of rubble, and cracks sealed. Permeable paving meeting the applicable standards of the city may be installed in low traffic volume areas or areas that are not used for fire lanes or loading and unloading. If an existing parking lot is upgraded to the degree that fifty-one (51) percent or more of the base of the parking lot is being replaced, then any overhead utilities on the property shall be relocated underground concurrently with the upgraded paving.

All required parking shall be clearly striped.

The following minimums and maximums shall be required for any development within the State Highway 183 overlay district except for transit oriented development or mixed-use development:

The installation and continuous maintenance of landscaping is extremely important. Landscape materials in areas that are completely surrounded by public right-of-way and not able to be maintained by an owner of an adjacent tractor lot should be chosen for their heat and drought tolerance and overall hardiness. The planning and implementation of all improvements should include long-term maintenance costs with respect to plantings, structures, surface treatments, and other material along the highway.

Landscaping and treatment of unpaved portions of right-of-way contribute both aesthetically and functionally to the overall character of the State Highway 183 corridor and shall establish a higher level of visual appeal than traditional treatments in the past.

Native grasses shall be required in all unpaved portions of right-of-way that do not abut private property for ease of maintenance. Allowable species are listed in subsection (k)(1)e. below.

If the area between the curb of the State Highway 183 frontage road and the property line is more than ten (10) feet deep, then native or adapted, heat and drought tolerant trees selected from the list in subsection (k)(1)e. below shall be planted within the right-of-way a minimum of ten (10) feet from the back of curb. Trees shall be planted at a ratio of one (1) tree per each sixty (60) feet of frontage, and should be staggered, clustered, and otherwise arranged in landscaped areas rather than spaced evenly across the frontage of the property.

Trees, shrubs, and grasses within unpaved areas that are completely surrounded by right-of-way shall be selected from the following species:

Civic art should be incorporated into any permanent features that complement the environment in which it is placed.

Interchanges at major intersections become landmarks that signify transitions from one segment of the corridor or neighborhood to the next, and create opportunities to identify those areas through planting, public art, or other features. Interchanges should be designed to reflect the adjacent land use or community, and serve as dividers between distinct land uses.

Interchanges shall incorporate sustainable landscaping, architectural, and art elements to clearly identify the location as an Irving destination.

Achieves the intent of the subject standard to the same or better degree than the subject standard;

Advances the goals and policies of the State Highway 183 overlay to the same or better degree than the subject standards;

Results in benefits to the community that are equivalent to or exceed the benefits associated with the subject standard;

Imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements;

Is compatible with surrounding development;

Complies with all other requirements of the approved zoning of the property;

Is an enhancement beyond the minimum design standards;

Incorporates architectural design and creativity; and

Provides other enhancements such as landscaping, signs, screening, paving, and tree preservation beyond the minimum standards.

Approval of a conditional use permit shall authorize only the particular use or category of related uses for which the conditional use permit is issued.

A conditional use shall not be enlarged, extended, or otherwise modified unless approved by the city council.

Obtaining a conditional use permit does not exempt the property owner from complying with requirements of the building code, state and federal law, or other city ordinances.

The use of property for the purposes described in a conditional use permit shall not commence until a certificate of occupancy has been issued.

That the conditional use will not be injurious to the use and enjoyment of other property in the immediate area for purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity.

That the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in area.

That adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided. Conditional uses in residential districts shall generally require direct access to an arterial street.

That adequate measures have been or will be taken to provide sufficient off-street parking and loading spaces to serve the proposed uses.

That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so that none of these will constitute a nuisance and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result.

The proposed use is consistent with the comprehensive plan;

The proposed use is compatible with the existing and adjacent uses;

The proposed use meets all supplemental use standards specifically applicable to the use as set forth in Chapter UDC-3, Performance Standards for Selected Uses;

The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods;

Any negative impact on the surrounding area has been mitigated; and

The proposed use is not materially detrimental to the public health, safety, and welfare, or result in material damage or prejudice to other property in the vicinity.

Time limits as outlined in 2.3.5(e)(5) below;

Limitation of building size or height;

Enhanced loading and parking requirements;

Additional landscaping, curbing, sidewalk, vehicular access and parking improvements;

Placement or orientation of buildings and entryways;

Buffer yards, landscaping, and screening; and

Signage restrictions and design.

The use is presented by the applicant as a temporary or interim use or the use, due to its nature and operation, may be considered temporary or interim, so that removal of the use is reasonably to be expected after a period of time. Temporary or interim use may be indicated by leasing of land or building space, by minimal construction of property improvements or by the lack of construction customized for the specific use.

The use is consistent with current uses in the area and on adjoining property; however, anticipated future changes in the area would cause the requested use to become incompatible after a period of time.

The health, safety, and welfare of the public would not be adequately protected from the use without such condition.

The planning and zoning commission shall conduct a public hearing not more than thirty (30) days after the city attorney's notice, shall consider any public testimony, staff reports, documentation of any health and safety concerns, police records as applicable, municipal or other court records as applicable, code enforcement records as applicable, and the status of any state license required for operation of the use and make a recommendation to the city council regarding the proposed revocation.

After due hearing, the city council may revoke or modify any conditional use permit that has been reported in violation by the director. Continued use without a conditional use permit will be a violation of this chapter and subject to the penalties provided in Section 1.8.1 (Enforcement-Penalty).

That circumstances have changed so that one (1) or more of the findings contained in subsection (e)(3) of this chapter, Required Findings, can no longer be made;

The building, premise, or land uses under the conditional use permit is enlarged, modified, structurally altered, or otherwise significantly changed without the approval of a separate conditional use permit for such enlargement, modification, structural alteration or change;

Violation of any provision of the site plan encompassing the property for which the conditional use permit was issue for, terms or conditions of a conditional use permit;

The conditional use permit was obtained by fraud or with deception.

That the use for which the CUP was granted had ceased or was suspended for one hundred eighty (180) calendar days or longer;

That one (1) or more of the conditions of the use permit have not been met;

That the use is in violation of any applicable statute, ordinance, law, or regulation; or

That the use permitted by the use permit is detrimental to the public health, safety or welfare, or constitutes a nuisance.