The total area covered by roofed areas shall not exceed the maximum lot coverage (percentage) for the applicable residential zoning district.

An accessory building attached to the primary structure shall be made structurally a part of and have a common wall with the primary structure and shall comply in all respects with the requirements of this ordinance applicable to the primary structure. Accessory structures attached to a primary structure by a breezeway, covered walkway or other structure that (does not share a structural wall with the primary structure) is not part of the primary structure shall not be considered to be an extension of the primary structure.

An accessory building in an "R" district shall be located on or behind the required front building wall.

The distance between structures, including swimming pools, shall be determined by the City's currently adopted building codes.

In-ground swimming pools, hot tubs, spas, swimming pool equipment enclosures, retaining walls, decks, and flatwork associated with a swimming pool, hot tub, or spa shall not be counted toward the maximum area allowed.

The accessory building may not be placed farther from the rear property line than the rear yard setback line established for a principal use structure;

No more than one (1) accessory building (defined as either a building not exceeding two hundred fifty (250) sq. ft. or a garage not exceeding eight hundred (800) sq. ft.) may be built on the lot that does not include the principal use structure;

The exemption to the number of accessory buildings and area of accessory buildings for lots one-half (½) acre or greater shall not apply to the combined area of the two (2) lots; and

The prohibition of Separate Utilities (3.1.10 herein) shall not apply to structures permitted under this subsection.

A detached garage must be located on the lot in a way that provides adequate driveway access to the entry of the garage. Driveways must be approved through the City's permitting process.

A detached garage shall not exceed a maximum of eight hundred (800) square feet or 10% of lot area, whichever is greater, up to 1,200 square feet. A detached garage shall not be counted toward the square footage of other detached accessory structures. The total square footage of all detached garages shall not exceed the square footage provided in this section.

A detached garage shall be set back a minimum of five (5) feet from an interior side or rear property line. A detached garage on a corner lot shall comply with the side setbacks of the primary structure adjacent to a street.

A detached garage in a single family "R" district shall not be greater than one (1) story, not to exceed eighteen (18) feet, as measured to the highest point of the garage roof. In no instance shall a detached garage exceed the height of the main structure at the highest point of the main structure's roof. A garage may include an attic or loft, provided the attic or loft does not contain heated or air-conditioned floor space.

The total square footage of detached accessory buildings (other than detached garages or carports) on lots less than ½ acre shall not exceed a maximum of 10% of the lot area or a maximum of 2,500 square feet. There is no maximum square footage for detached accessory buildings (other than detached garages or carports) on lots one-half (½) acre or greater.

A detached accessory building shall be set back a minimum of five (5) feet from any side or rear property line for any structure up to ten (10) feet in height. In the case of a corner lot, no accessory building shall be located within any side yard required on the street side.

A detached accessory building shall not exceed a maximum of ten (10) feet measured to the highest point of the roof. The maximum height may be increased by one (1) additional foot for each one (1) additional foot of side and rear setback to a maximum of twenty (20) feet in height with a minimum side and rear setback of fifteen (15) feet.

Carports that do not encroach into required front, rear, and side yard setbacks shall meet the following requirements:

Carports that are proposed to be constructed to encroach into any required front, side or rear building setback, or that would require an exception to the design requirements set forth in subsection (a), may be permitted upon such carport being approved as an S-P-2 (generalized) site plan district under section 2.7.4 of this chapter. In addition to the requirements of section 2.7.4, the site plan shall include detailed elevation drawings of the proposed carport including building materials, roofing materials, support materials, and illustrations showing how the carport will be consistent with the design of the existing dwelling.

Carports that are constructed after October 16, 2008, without a building permit or zoning approval, if applicable, shall be required to be demolished prior to applying for a zoning change to authorize the carport. If a property owner does not wish to demolish a carport constructed without zoning authorization, the property owner may request a waiver of the demolition requirement and approval to retain the carport through the generalized site plan (S-P-2) zoning process along with an additional fee of one hundred dollars ($100.00) in addition to the required zoning application fee.

A minimum of one space per repair bay plus the ratio of spaces required by Unified Development Code Section 4.4 for any additional office space is required. Parking spaces shall be utilized for employee and customer vehicles only. Parking spaces shall not be used for storage of vehicles including those retained for repair and/or are inoperable.

Parking of customer and employee automobiles provided within sixty (60) feet of a residentially developed lot in an "R" district shall be separated from said lot by a blind fence or wall at least seven (7) feet high.

Vehicles held awaiting service, parts, or administrative actions, including wrecked, disabled, or dismantled or otherwise inoperable vehicles shall be stored inside a building on the property as possible. Outside storage of vehicles shall be permitted as an accessory use behind the front wall of the primary building if the storage area is on a paved surface and screened as provided in subsection 3.2.8 below.

No outside storage of inoperable and/ or dismantled vehicles shall be permitted within sixty (60) feet of a residentially developed lot in an "R" district or in a space needed to meet minimum parking requirements.

Such screening shall be provided so that no vehicles are visible from the public or private street or public property.

Screening shall also be provided on property adjacent to and across an alley from a property zoned and/or used for residential or commercial uses.

All automotive repair and paint and body shops within two hundred (200) feet from any one or two-family residential use must screen from view all vehicles awaiting repair. The measurement of the distance between the automotive repair or paint and body shop and the one or two-family residential use shall be along the nearest property line of the automotive repair or paint and body shop to the nearest property line of the one-or two-family residential use.

A log shall be maintained including all vehicles on site held for service at any point in time, including information such as initial time accepted for service, status, and activity toward completion of service. Such log shall be made available to a city inspector upon request. Individual records of the activity for each car held for service shall also be available for inspection upon request.

The requirements of this subsection 3.2.9 shall not apply to the repair and/or conditioning of antique vehicles and race car fabrication if the automotive repair or paint and body shop is located in an industrially zoned district.

The requirements of this subsection 3.2.9 above shall not apply to any vehicle ordered by a court or mandated by arbitration or mediation to be stored by the automotive repair or paint and body shop.

No later than March 15, 2023 all auto repair businesses storing vehicles held for repair must: 1) Install screening fences around any outdoor storage area, 2) pave any storage area, and 3) remove any materials or parts that violate the Unified Development Code.

This section does not apply to Commercial vehicles on two (2) or more axles with the primary purpose of transport and delivery of goods or services, commercial trailers, or boats and RVs. Service and repair of these non-passenger vehicles shall be categorized as a light industrial use.

Restaurants, hotels, retail, service, or entertainment establishments identified as a permitted use in zoning districts as provided in Section 2.5.2, Nonresidential Land Use Table shall be permitted to sell alcohol for on-premises consumption at a maximum of 40% food gross revenue to 60% alcohol gross revenue with R-AB zoning as provided in Sect. 3.3.3 below.

Restaurants, retail, service, or entertainment establishments identified as a permitted use within the Urban Business Overlay District (UB), the Heritage Crossing District (HCD) including properties zoned S-P-1/R-AB within the HCD perimeter, and Planned Unit Development District 6 (PUD6) are permitted to sell alcohol for on-premises consumption at a ratio of a maximum of 30% food gross revenue to 70% alcohol gross revenue with R-AB zoning as provided in Sect. 3.3.3 below.

It shall be unlawful for any person to manufacture, distill, brew, import, transport, or store any alcoholic beverages for purposes of sale or distribution in any residentially zoned district within the City of Irving.

The storage, possession, sale, serving, or consumption of any alcoholic beverages to be sold or served by the holder of a mixed beverage permit or the holder of a private club permit issued by the State of Texas, in bottles or any other container direct to the customer or person for consumption on the premises of the holder of a mixed beverage permit or in a private club, shall be permitted only in a restaurant as defined in Chapter UDC-9, Definitions, within a S-P-1 site plan district under section 2.7.3 of this ordinance after the applicant has made a written request for a change in zoning under said section 2.7.3 of this ordinance to permit such use.

The site plan to be submitted pursuant to said section 2.7.3 shall satisfy all of the requirements of section 2.7.3 and the following additional requirements:

All persons applying for and receiving approval of S-P-1 (R-AB) zoning under this ordinance shall commence construction as evidenced by receipt of a building permit for the restaurant in accordance with the approved site plan within twelve (12) months of the zoning being approved. The city reserves the right and the applicant shall acknowledge the right of the city to rezone subject property in the event construction is not commenced within the stated twelve-month period.

Upon application for certification from the city, the applicant shall pay the City a fee in the maximum amount permitted by law for the particular license or permit issued by the Texas Alcoholic Beverage Commission, except when said fee is waived according to the provisions of the Texas Alcoholic Beverage Code. Following payment of the fee and certification of compliance with this ordinance, as set forth herein, the City Secretary shall certify the TABC license/permit application for that location. A refund of the fees levied under this section may not be made for any reason.

Within 30 days of confirmed renewal of a TABC license or permit, the operator shall submit to the city: a) a copy of the license/permit renewal as provided by TABC, and b) the appropriate fee due to the city. If TABC requires certification by the city that will not be considered a renewal and shall be processed as an initial application.

Upon change of business name, location, or ownership, any person selling alcohol in the City of Irving shall provide the city a copy of the completed TABC Location Packet for Reporting Changes or Business Packet for reporting changes and any fee, if applicable. Any change in the operations of an establishment covered by this section that requires a change in the TABC license shall also be submitted to the city to update the record of the permit. If TABC requires certification by the city the change may require the completion of an initial application as provided in this section.

The sales and serving for on-premises consumption and retail sales for off-premises consumption shall not be permitted within 300 feet of a religious facility, public or private school, or public hospital. The sales of alcohol for on-premises consumption with a mixed beverage permit or on the premises of a private club shall not be permitted within three hundred (300) feet of any property zoned or classified R-40, R-15, R-10, R-7.5, R-6, R-3.5, R-2.5, R-MF, R-MF-1, R-MF-2, R-MF-3, R-TH, R-MH, R-ZL, R-PH, and R-XF and any property actually used for residential purposes irrespective of its zoning category.

The regulations contained in this subsection shall not apply when the business for which a permit or license is requested is located on property within the Urban Business Overlay District, Planned Unit Development (PUD) 6, is zoned or has a development plan for Transit Oriented Development District, or is a City-owned property.

The city council may grant a variance to 3.3.8(a) if they determine that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community.

The person operating a restaurant selling alcohol for on premises consumption with a zoning designation of S-P-1 (R-AB) shall, on an annual basis and no later than on the thirtieth (30^th ) day of January, file with the city secretary an affidavit on an officially approved form provided by the city secretary that reflects gross sales for the preceding twelve-month period, or since the restaurant began its operation, whichever is shorter, breaking down the sales between the sale of food and the sale of alcoholic beverages.

The person operating a restaurant with a zoning designation of S-P-1 (R-AB) shall on an annual basis file with the city secretary a copy of the filings supplied to the State of Texas (TABC) for sales tax and mixed beverage (alcoholic beverages) tax purposes.

The city shall retain the right to request an audit of applicable records to determine if a business is violating this chapter or any provision of the Unified Development Code. The person operating a restaurant with a zoning designation of S-P-1 (R-AB) shall permit the city treasurer to view the books, records, and receipts relative to sale of food or nonfood revenue and alcoholic beverages at any time after four (4) hours' notice. The city attorney, city manager, city council, city treasurer, mayor or city secretary may examine said records. Said records may be introduced in court for the purpose of showing the person operating a restaurant with a zoning designation of S-P-1 (R-AB) is in violation of this ordinance.

The commercial design standards shall apply to all newly constructed structures in districts zoned for non-residential uses and non-residential development in a residential zoning district, excluding structures in the State Highway 161 Corridor Overlay District, and the Transit Oriented Development District, . Accessory structures one hundred (100) square feet or less that are not visible from a street, park, or residential area are exempt from the commercial design standards.

If existing structures are expanded by thirty (30) percent or more of their building area, as defined by the Building Code, or are being repaired, remodeled, rehabilitated or otherwise improved to the point that the value of the repairs, remodeling, rehabilitation, or improvements constitute at least fifty-one (51) percent of the current value of the structure as established by the most current value established by the Appraisal District, the entire structure shall be brought into compliance with these commercial design standards. If existing metal buildings that do not face a public street and that are used for industrial uses such as manufacturing, warehousing, wholesale distribution, and motor freight or trucking terminals in a C-OU, C-OU-1, C-OU-3, FWY, ML-20, ML-20a, ML-40, ML-120, CP, M-FW, IP-AR, MH or site plan district or development plan for C-OU, C-OU-1, C-OU-3, FWY, ML-20, ML-20a, ML-40, ML-120, CP, M-FW, IP-AR, MH district uses, or other district that permits industrial uses are expanded by fifty (50) percent or more of their building area, as defined by the Building Code, or are repaired, remodeled, rehabilitated, or otherwise improved to the point that the value of the repairs, remodeling, rehabilitation, or improvements constitute at least fifty-one (51) percent of the current value of the structure as established by the most current value established by the Appraisal District, the entire structure shall be brought into compliance with these commercial design standards.

Any building or structure lawfully constructed and in existence on October 16, 2008, but which does not conform to this ordinance shall be deemed a nonconforming building or structure and the regulations Chapter UDC-7, Nonconformities, will apply.

If there is any conflict between this section 3.5 and an adopted S-P-1, S-P-2, or Development Plan in a PUD district, the more specific standard shall apply.

Modifications of design standards outlined in this section may be accomplished through:

Architectural textured twenty-five (25) year minimum warranty asphalt or synthetic shingles, standing seam metal, or tile roofs are allowed for sloping roofs. Roof materials for flat roofs shall provide the equivalent level of protection as determined by the inspections director.

The following materials are prohibited:

Primary building entrances are to be defined and articulated with architectural elements such as pediments, columns, porticos, porches, and overhangs.

All façades of a building which are adjacent to and face a public street, public park, or residential district shall comply with the following standards:

The rear façade of a building which is not adjacent to or does not face a public street, public park, or residential district shall not be required to comply with the following:

For purposes of this section, convenience store means any business that is primarily engaged in the retail sale of convenience goods, or both convenience goods and gasoline, and has less than ten thousand (10,000) square feet of retail floor space. Convenience store does not include any business where there is no retail floor space accessible to the public.

For purposes of this section, convenience goods means basic food, beverage, tobacco products, household and pharmaceutical items.

The following convenience store design standards shall apply to all newly constructed convenience stores, and any existing building that is proposed to be converted or changed in use to a convenience store from any other use other than a convenience store.

The below allowance applies only to the installation of front landscaping only for properties fronting streets undergoing street and/or utility reconstruction activities. All other required landscaping on the property shall be installed prior to issuance of the Certificate of Occupancy.

If an existing convenience store is an allowed use in the underlying zoning district, the store may be expanded. Existing convenience stores which are not a legal use in the underlying zoning district shall follow the regulations of Chapter UDC-7, Nonconformities, of this Unified Development Code.

Expansion by thirty (30) percent or more of its building area as defined by the Building Code, or repairs, remodels, rehabilitations, or other improvement to the point that the value of the repairs, remodeling, rehabilitation, or improvements constitute at least fifty-one (51) percent of the current value of the structure as established by the most current value established by the Appraisal District.

If an existing building used for any use other than a convenience store is to be converted to a convenience store use that involves improvements that constitute at least fifty-one (51) percent of the current value of the structure as established by the most current value established by the Appraisal District:

If there is any conflict between this section 3.5 and an adopted S-P-1, S-P-2, or Development Plan in a PUD district, the more restrictive standard shall apply.

Architectural textured twenty-five (25) year minimum warranty asphalt or synthetic shingles, standing seam metal, or tile roofs are allowed for sloping roofs. Roof materials for flat roofs shall provide the equivalent level of protection as determined by the inspections director.

The following materials are prohibited:

Primary building entrances are to be defined and articulated with architectural elements such as pediments, columns, porticos, porches, and overhangs.

All facades of a building which are adjacent to and face a public street, public park, or residential district shall comply with the following standards:

Any newly constructed convenience store of two thousand (2,000) square feet or less, or any existing building used for any use other than a convenience store that is proposed to be converted to a convenience store of two thousand (2,000) square feet or less shall provide a minimum of eight (8) parking spaces for the first one thousand (1,000) square feet of floor area plus one (1) additional parking space for each two hundred (200) square feet of floor area. Such parking shall comply with all requirements of section 52-36 and section 52-38, and shall be screened in accordance with all applicable landscaping ordinances of the City of Irving.

The rear facade of a building which is not adjacent to or does not face a public street, public park, or residential district shall not be required to comply with the following:

Refuse disposal services, including but not limited to landfills, incinerators, and other locations which receive garbage and refuse generated off-site for storage, treatment or disposal.

The manufacture, storage or handling of more than one hundred (100) pounds of radioactive material or radioactive waste at one (1) time.

The generation, handling or storage of hazardous waste as defined in Chapter 361 of the Texas Health and Safety Code.

Aviation facilities such as airports and heliports.

Sewage and waste water treatment facilities.

Heavy industries, including but not limited to, saw and planing mills, manufacturing uses involving primary production or storage of wood, metal or chemical products from raw materials, construction materials, permanent batching yards foundry-type operations, material or auto salvage and/or wrecking operations.

Petrochemical facilities such as terminals, refineries or tank farms, any of which have more than a one thousand (1,000) barrel storage capacity.

Railroad switching yards.

Jet engine or other engine testing facilities.

Notwithstanding any other provisions of this ordinance, it shall be unlawful to alter, create, establish, extend, expand, suffer, maintain or permit an environmentally sensitive land use or activity on any property within the City of Irving.

It shall be an affirmative defense to a prosecution under subsection 3.6.2(a) relating to suffering, allowing or permitting an environmentally sensitive land use, if such use was a permitted use and was commenced prior to January 4, 1990. This section shall not provide an affirmative defense to any person who alters, extends or expands an environmentally sensitive land use that was in existence on January 4, 1990.

It shall be an affirmative defense to a prosecution under subsection 3.6.2(a) if the ordinance establishing the particular "S-P-1" or "S-P-2" zoning district specifically authorized the particular environmentally sensitive land use or activity and was enacted within five (5) years prior to the date upon which such land use or activity is commenced.

All final environmental assessments and environmental impact statements for the proposed use or activity if either or both are required pursuant to state or federal law, including, but not limited to, the National Environmental Policy Act (as amended);

Copies of all studies or analyses upon which have been based projections relied upon by the applicant of the need or demand for the proposed use or activity, together with copies of all studies or analyses upon which the applicant has relied in selecting the proposed use or activity over alternatives thereto;

A description of the present use, assessed value, and actual land value of land which will be used or adversely impacted by the proposed use or activity and each alternative thereto considered by the applicant, together with a description of the expected future use of all such land, including all long-term plans and master plans for the future use or development affecting such land;

A description of the applicant's ability to obtain needed easements (including, but not limited to, those necessary for drainage, waste disposal, utilities, and avigation) for the proposed use or activity and for each alternative thereto considered by the applicant;

A description of the feasibility and costs of any necessary removals of or modifications to residential, commercial and public structures in connection with the proposed use or activity and with each alternative thereto considered by the applicant;

A description of all special construction requirements for the proposed use or activity and for each alternative thereto considered by the applicant, including descriptions of special geologic features and availability of special materials needed for construction;

If the proposed use or activity will result in increased noise levels, a description of the noise levels in the City of Irving or in contiguous cities expected to be generated by or in conjunction with the proposed use or activity upon commencement of operations and during each fifth year thereafter over the projected life of such use or activity, including (i) maps showing projected fifty-five (55), sixty (60), sixty-five (65), seventy (70) and seventy-five (75) Ldn noise contours and (ii) hourly data showing the projected geographical distribution and duration of any single noise events in excess of sixty-five (65), seventy-five (75), eighty-five (85) and ninety-five (95) db;

Copies of all studies undertaken or considered by any local, state or federal agency in connection with the proposed use or activity and each alternative thereto considered by the applicant;

Such other material, documents, testimony or information as may be requested by the city council, the planning and zoning commission or the director of community development to assist them in determining whether all appropriate standards have been met.

The city council may, after a public hearing, waive any part or all of the application requirements imposed by subsection 3.6.4 upon petition by the applicant stating and showing that:

A waiver may be granted only if the city council determines that the information submitted is sufficient to determine that the proposed use or activity will comply fully with all applicable ordinances and master plans and that the proposed use or activity will not have a substantial impact on the surrounding area.

Upon petition of the applicant, the city council may officially recognize that the applicant is immune from compliance with this ordinance for a proposed use or activity (i) if such immunity specifically is required to be granted by any applicable state or federal statute, or (ii) in the absence of such a statute, upon consideration and balancing of all relevant factors, including, but not limited to:

Immunity may be granted pursuant to subsection 3.6.7(a) only after notice has been given and public hearings have been held.

Disruption to existing neighborhoods from the proposed use or activity and the extent to which the proposed use or activity will complement in the least intrusive manner the needs of the city, region and the state.

Benefits of the proposed use or activity weighed against the loss of or damage to any homes, businesses, natural resources, agricultural lands, historic or cultural landmarks or sites, wildlife habitats, parks or natural, scenic or historic features of significance.

Benefits of the proposed use or activity weighted against the personal and economic costs of disruption to the lives, businesses and property of individuals affected by the proposed use.

Alternative sites for meeting the projected need or demand for the proposed use or activity which may be less costly or less intrusive to existing communities, and the adequacy of means undertaken to minimize adverse impacts of the proposed use.

The extent to which the proposed use or activity is consistent with prior plans, master plans, and projections of the applicant, if any, upon which the City of Irving has based planning or zoning decisions or, if the proposed use or activity is inconsistent with prior plans or projections of the applicant, the extent to which such inconsistencies are outweighed by the benefits to the community from the proposed use.

Be located at least one thousand (1,000) feet from the property line of a premises or lot zoned for residential purposes or used for residence, school or hospital purposes. Said measurements to be in a straight line from the nearest wall of the structure proposed to be used for halfway house purposes to nearest property line of the lot or tract zoned for residential purposes or used for residential, school or hospital purposes.

Halfway house must be located no closer than three (3) miles from the nearest existing halfway house.

Not used for residential purposes and by reason of noncompliance with applicable zoning regulations and/or applicable subdivision regulation is of such size, condition, location or shape that it cannot reasonably be developed for residential purposes; or

Not used for residential purposes and is not zoned "R-40", "R-15", "R-10", "R-7.5", "R-6 ", "R-ZLa", "R-3.5", "R-SFA", "R-2.5", "R-TH", "R-MF-1", "R-MF-2", "R-MH", "R-XF", Site Plan or Planned Unit Developments for any of the foregoing "R" district uses.

All new construction shall be in conformance with section 3.4 "Commercial Design Standards" of the Unified Development Code.

Industrialized housing must have a value equal to or greater than the median taxable value of each single-family dwelling located within five hundred (500) feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll of the appraisal district. For purposes of this subparagraph the "value" of the industrialized housing means the taxable value of the industrialized housing and the lot after installation of the industrialized housing.

Industrialized housing must have exterior siding, roofing, roof pitch, foundation fascia and fenestration compatible with the single-family dwellings located within five hundred (500) feet of the lot on which the industrialized housing is proposed to be located. "Compatible" as used in this subparagraph means similar in application color, materials, pattern, quality, shape, size, slope, and other characteristics, but does not necessarily mean identical. The burden is on the property owner or applicant to supply proof of compatibility.

Industrialized housing must comply with municipal aesthetic standards, building setbacks, side and rear yard offsets, subdivision regulations, landscaping, square footage and any other regulations applicable to single-family dwellings.

Industrialized housing must be securely fixed to a permanent foundation.

Industrialized housing may not be constructed in a historic overlay district unless the industrialized housing conforms to the preservation criteria of the historic overlay district.

Industrialized housing may not be installed, constructed or located within a subdivision unless it complies with deed restrictions applicable to such subdivision.

The area of the lots or land covered by the proposed industrialized housing project; or

The area of the lots or land immediately adjoining the area covered by the proposed industrialized housing project and extending two hundred (200) feet from that area, protest or object to the action of the planning and zoning commission in regard to a request for approval of an industrialized housing project plan, such protestant may file with the director of the department of community development an appeal within ten (10) days of the commission's action. The city council shall hear and decide any appeals after the same notification procedures as outlined in 3.11.5 [if the appeal is pursued by the applicant, the cost of such notification is borne by the applicant], and may also make any amendments, modifications, or deletions to the conditions or requirements of said industrialized housing project plan.

The regulations, standards, and criteria of this section 3.13 are deemed to be minimum standards and shall apply to all multifamily residential and mixed-use residential developments within the City of Irving, including those permitted by Chapter 218 of the Texas Local Government Code.

The regulations of section 3.13 shall not apply to multifamily residential and mixed-use residential developments in the Heritage Crossing District (HCD).

A multifamily concept plan shall be processed through the zoning process in section 1.12 of the UDC.

A concept plan required by this section shall include, at a minimum, the following elements:

Except where preempted by State law, any development authorizing new construction of multifamily or mixed-use residential units, conversion of a building from non-residential occupancy to multifamily or mixed-use residential occupancy, or substantial reconstruction of existing multifamily or mixed-use residential developments shall comply with the development standards outlined in this section. Any application for a building permit shall include a detailed site plan which incorporates the following development requirements.

The detailed site plan submitted in conjunction with the building permit plans shall contain, at a minimum, the following elements:

Any detailed site plan submitted in conjunction with the building permit shall conform with the approved Concept Plan for the development; provided, however, that the director of Planning or designee may approve minor variations from the concept plan, provided such variations do not change the character or configuration of the development and do not increase the total number of units or density.

The detailed site plan shall comply with the development standards contained in this section:

Residential mixed-use development should be designed to provide a walkable, pedestrian-oriented environment in which building form and public spaces work together to support an engaged and active community. The area should establish a network of short, interconnected street blocks with active frontages that include wide sidewalks, street trees, porches and shade structures, pedestrian-scale lighting, and transparent windows for engagement with the pedestrian and security. Transit facilities or mobility hubs and residential options at the perimeter are connected by clear walking paths to the mixed-use core.

In all areas zoned for mixed-use, a multifamily residential or mixed-use residential development shall contain a minimum of 35% nonresidential uses.

The commercial spaces on the ground floor shall be constructed to be commercial-ready. The shell tenant spaces shall be initially constructed to meet commercial building codes including the utility connections necessary to accommodate a commercial business and be readily customizable for a use such as a restaurant, retail, or service operations. The first level floor to ceiling height shall be a minimum of 14 feet and each unit shall have direct front door access to the public sidewalk. Windows in commercial spaces along the sidewalk frontage shall be transparent and extend from two feet to 10 feet within the pedestrian zone. The space should meet accessibility and sanitary facility requirements as well as adequate utility connections and metering designed for the various commercial uses that could occur in the space.

If applicable, upon submittal of an S-P-1 or S-P-2 district rezoning application, or if in a PUD district submittal of a development plan application, accompanied by a consistent concept plan application an increase in density of one dwelling unit per acre may be authorized for each 25 percent of the total number of dwelling units on site which are provided with private attached enclosed garages, up to a maximum of two additional dwelling units per acre; if it is determined that the density increase shall not create detrimental effects on adjacent properties or to the neighborhood in which the development is situated. The decision of whether to grant a density increase is discretionary.

Variances to these standards may be granted only in accordance with the provisions of the Unified Development Code (UDC).

The applicant may request a variance to any of the development standards contained herein on platted lots or parcels if the following conditions are met:

No new nondepository financial institution may be located within one thousand (1,000) feet of another nondepository financial institution, measured in a direct line from property line to property line.

No new nondepository financial institution may be located in a building that is closer than five hundred (500) feet from the rights-of-way of State Highway 183, State Highway 114, State Highway 161/President George Bush Turnpike, Interstate Highway 635, Loop 12, Spur 348, Spur 482, or State Highway 356 (Irving Boulevard).

No new nondepository financial institution may be located on a property whose lot line is less than two hundred (200) feet from any single-family residential property line that is zoned for single-family, duplex, or townhouse uses.

Parking requirements for nondepository financial institutions.

If there is any conflict between this section 3.14 and an adopted S-P-l, S-P-2, or development plan in a PUD district, the more specific standard shall apply.

Modifications of the requirements outlined in this section may be accomplished through either an S-P-l (detailed site plan) or a development plan in a PUD district.

It is the declared purpose of this section that in time all nondepository financial institutions shall come to conform to the provisions of this section.

A nondepository financial institution that does not conform to these standards and that existed lawfully on the date the use commenced shall be deemed a nonconforming use. A nonconforming use may be continued, so long as it does not increase its level of nonconformity.

If a nondepository financial institution ceases operations at a particular location for at least thirty (30) consecutive days, or a certificate of occupancy for a different type of use is issued for the same location, a new certificate of occupancy shall not be issued for a new nondepository financial institution at that location without first complying with all the requirements of this section 3.14.

With the exception of subsection 3.14.4(c) above, existing nondepository financial institutions as of April 23, 2009, that do not comply with the requirements of subsection 3.14.2 shall be governed by the provisions of Chapter UDC-7, Nonconformities.

The front, side and rear building setback lines of the zoning district in which a mini-warehouse facility is to be built shall apply to the construction of a mini-warehouse facility; however, said setbacks shall not be less than ten (10) feet when the property is adjacent to any residentially-zoned or residentially-used property.

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.

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.

Building materials or debris associated with construction or demolition are permitted if:

Trash, garbage, or other refuse may not be stored outside on a property unless it:

Outside storage of the items listed below are not permitted in any district.

No parked vehicle shall encroach into the street or alley right-of-way or driveway or public access easement. Any sidewalk in the right-of-way or alley including that part of the driveway that is a sidewalk must remain clear and unobstructed.

Outside storage that is not specifically listed may be permitted, if it is found that the outside storage is:

Residents may conduct repair of their personal vehicles on property which serves as their primary home.

Outside storage of accessory items such as furniture, yard swings, waterscape, art form, barbecue grills, outdoor equipment, and children's playground equipment and toys for the use and enjoyment of a residence is allowed, provided:

Outside storage is allowed if permitted as a principal or accessory use in the individual zoning district.

Retail storage and sales may be permitted in a zoning district which specifically allows retail sales as a principal or accessory use, if the merchandise:

No vehicles shall be stored on any property which is not zoned for outside storage as a primary or an accessory use or associated with an auto repair business.

It is unlawful for any person to intentionally or knowingly allow, permit, conduct, or maintain any outside storage on any lot or tract within the City of Irving. Each day during which outside storage occurs is a separate offense.

A person who violates any provision of this chapter commits an offense, and upon conviction, shall be punished by fine not to exceed two thousand dollars ($2000.00).

For the purpose of this section the following words and phrases shall have the meanings ascribed to them as follows:

Telecommunications towers.

Antennas mounted on existing structures.

The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new data centers.

For this section, "residentially zoned property" shall be any property with a base zoning district of R-15, R-10, R-7.5, R-6, R-ZL, R-ZLa, R-3.5, R-SFA, R-TH, R-2.5, R-MF, R-M F-1, R-MF-2, or TOD.

New data centers shall be permitted as a principal use by Conditional Use Permit (CUP) only. An application for a CUP shall only be made within the C-W, ML-20, ML-20a, ML-40, ML-120, or C-P districts.

A Conditional Use Permit is not required for a property zoned for a Site Plan zoning case (S-P-1 or S-P-2) specifically approving a "data center" use prior to the adoption of this ordinance. Such properties still must abide by all other requirements of Section 3.20 or as otherwise stated on the site plan.

Data centers used as an accessory use may not exceed 1,000 square feet.

15 feet.

Cooling systems, uninterrupted power supplies (UPSs), and other associated equipment shall be contained within the container or structure of the accessory data center and/or the principal building on the site. Any backup generators and fuel tanks shall comply with the setback and screening standards in Section 3.20.2a) and Section 3.20.2b).

The accessory data center shall be fully screened on all sides by a solid masonry wall.