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Kyle City Zoning Code

ARTICLE IV

PLAN REQUIREMENTS AND SPECIAL PROVISIONS

§ 53-930 Neighborhood design and improvements.

The following design concepts associated with one-and two-family residential dwelling projects should be incorporated in each neighborhood plan. The planning and zoning commission, following appropriate public notice in a newspaper of local circulation and on-site posting for no less than a 15-day review period, will review each proposal for new subdivisions against the following standards, and may approve, deny, or approve with conditions, each new application justified by the incorporation and suitability of each standard.
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(1) 
Design with nature. Before any layout or structure placement can be drawn for a site, the property should be evaluated for topography, natural water courses, and stands of trees. Placement of homes on high ground assists with gravity waste water infrastructure, and avoiding the development of naturalized areas creates the opportunity for passive subdivision amenities to be located in those areas, for the benefit of all the residents. Maximizing the accessibility of homes allows for fewer roads to be built, reducing the overall need for improvements and impervious surface area for the project in total.
(2) 
Consider green infrastructure. Utilize stormwater right at the source: rather than inserting those waters back into an adjacent stream system, utilize reclaimed stormwater to irrigate on-site landscaping or parks amenities. Capitalize on the use of natural filtration via rain gardens and pervious pavement, both of which can reduce the amount and velocity of stormwater that does manage to make it off-site. Even residential downspouts can be responsibly connected to the storm sewer system, if those discharges are routed to a pond used for irrigation at the source.
(3) 
Install amenities which serve a dual purpose. Stormwater management detention (dry ponds) can be utilized as sports fields, as Kyle on average only experiences 49 days per year of measurable precipitation. Retention ponds (wet ponds) can be designed as a source of local irrigation, and also as a focal point or gathering place for a passive recreation park or trail. Street-side tree plantings serve as traffic calming, provide shade and cooling for pedestrians, provide protections in the form of a buffer between pedestrians and vehicle traffic, and recent studies show the shade provided by the over-story canopy actually shades the sidewalk and road pavement, which reduces the expansion and contraction cycle of the hard surfaces, leading to longer time periods between necessary resurfacing (street infrastructure resiliency). Easements for underground utilities which cannot be built upon with structures can be used for trail systems and bike/pedestrian connections.
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(4) 
Avoid mass grading to the greatest extent possible. Native landscapes thrive best in undisturbed top soil to which they've grown accustomed. Retain native topsoil, specifically do not strip and later replace topsoil in areas that will not be built upon. Top-and sub-soil cleared and disturbed during the construction process is also much more susceptible to wind and water erosion, leading to siltation of neighboring water bodies. If no built improvements are planned for a particular area of a housing project, segregate those areas as "no encroachment zones" during the construction process. This saves on labor, fuel, and equipment costs, with the added benefit of preserving a mature landscape area when the project is complete.
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(5) 
Encourage the installation of trails and passive recreation areas, rather than cut and fill near water courses. Residents located in projects too remote to be reached via walking or biking, still need walking and bike trails located near to where they live. Those areas that can't be built upon because of steep slopes, stands of mature forest canopy, or proximity to floodplain and other low sections of land are prime candidates for trails and low-impact recreation improvements. For a comparatively low capital outlay, the value of that amenity to a prospective buyer should be considered a necessary investment in any housing project.
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(6) 
Avoid culs-de-sac. Sometimes despite substantial obstacles, the transportation network in the project should create the most amount of connectivity possible. Through streets which create multiple pathways in, out, and through a project actually lead to lower overall speeds in a neighborhood, and greatly reduce the number of congestion points as compared to a project designed with dead-end culs-de-sac. Reduced connectivity places a higher stress on those few remaining streets which do connect to adjacent collector and arterial roadways. Relieve the overall traffic demand on the most-popular corridors by creating alternatives for that traffic flow.
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(7) 
Short-term off-street parking should be provided. 90-degree and angled off-street parking spaces located throughout a residential project allow for occasional, temporary parking without taking up room in a private driveway, nor blocking travel lanes in violation of Kyle's life safety requirements for the unobstructed widths of streets. The provision for excess parking off-street also allows streets to be paved with less width required, which fulfills a traffic calming design function, reduces site-wide impervious surface area, and lowers overall development costs.
(8) 
Within any project containing any amount of low-density residential land use, roughly two percent of the project's net acreage should be reserved for active recreational opportunities, especially geared toward children. Playgrounds and tot lots should be situated as to be within a four-minute walk of most households. When they are spaced at this distance, a typical neighborhood will contain more than one such park. Each lot should be no smaller than a quarter-acre in size, containing hardscapes and landscaped areas, benches for resting, and play equipment, all in proximity to ample tree cover. While pocket parks may occupy an undeveloped home lot, it is best placed at a conspicuous location such as a staggered intersection or vista termination.
(Ordinance 962, § 1(Exh. A, § I), adopted 8/15/2017)

§ 53-931 Standards for residential one-and two-family dwelling units-Generally.

Kyle's Community Development Director, or his designee, shall review each new request for one-and two-family residential building permits against the following requirements. Home plans that conform with these guidelines may be approved for construction city-wide, where compliant and appropriate. Additionally, mirrored plans, and those plans which retain the overall architectural style but vary exterior cladding, similarly may also be approved for construction. If an applicant disagrees with the determination of the director or designee, s/he may be appeal the decision to the planning commission, which may affirm the director's decision, reverse it, or remand the review pending revisions to the plan set in question.
(Ordinance 962, § 1(Exh. A, § II), adopted 8/15/2017)

§ 53-932 Same-Styles.

(a) 
Avoid homogeny of product styles in close proximity to one another. Vary orientation, architectural ornamentation, exterior building cladding, and colors for homes along the same block or development phase. No home plan should be built within three lots, on either side of the street, of the same home plan within the same block.
(b) 
Residential architecture should stay true to a specific style (Queen Anne, Craftsman, Victorian, Colonial, etc.), and not unnecessarily mix styles.
(Ordinance 962, § 1(Exh. A, § II), adopted 8/15/2017)

§ 53-933 Same-Siting.

(a) 
Respect the scale of homes along the same block. Do not place two homes of disparate scale/height alongside one another without appropriate separation, as that breaks up the predominant rhythm of the block from a pedestrian scale. No structure may exceed the height of an adjacent structure by more than one floor. Similarly, front building setbacks shall be complimentary along the block.
(b) 
Alley loading is required for all homes on lots less than 50 feet in width*, preferable for homes on lots of less than 60 feet in width, and should be encouraged for all new housing projects, similar to the housing pattern established in Kyle's downtown. The greatest and most obvious benefit to this development style is a much-reduced reliance on front-loaded, auto-oriented dwelling units.
* Cul-de-sac lots notwithstanding.
(c) 
Detached garages or other accessory structures must be located in the rear yard.
(d) 
Front-loaded garages shall not be located any closer than 20 feet to a front property line in any district. Driveways will provide adequate room for parking without the need to block any sidewalks.
(e) 
In no case, should the enclosed garage be the portion of the home closest to the front property line unless the home complies with Ord. No. 928 as passed on January 17, 2017. A designation of front wall can be given to a load-bearing wall that defines an inhabitable area on-grade. This designation does not require the front wall to be fully enclosed, but it shall dominate the non-garage opening portion of the front elevation, such as the load-bearing portion of a covered front porch, or the load-bearing portion of a front porch where there is a covered balcony overhead. Uncovered areas in front of the home will not count as a front wall. Final determination of what does and does not constitute the designation of front wall shall be determined by the planning director ("director") or designee.
(f) 
Corner lots at the intersection of streets with different classification shall take vehicular access from the more minor of the two intersecting streets, if not alley or rear loaded.
(Ordinance 962, § 1(Exh. A, § II), adopted 8/15/2017)

§ 53-934 Same-Materials/construction.

(a) 
All homes will feature exteriors of a masonry material on all sides. This includes brick, natural stone, stucco, cementitious siding/panels, or other approved masonry cladding. Doors, windows, door and window casings, porch decking, roofs, and other architectural accent features are not required to be made from masonry materials.
(b) 
As new technologies emerge in the building industry, materials may be introduced that resemble traditional building materials in appearance, especially regarding exterior cladding. New, composite materials, including a combination of wood, cement, and plastic fibers, may be considered for selected, specific uses, as long as they can meet or exceed the performance of the material they are imitating. It is important that alternate materials closely replicate original materials in size, texture, profile and surface treatment.
(c) 
The application of faux veneer panels as a primary cladding, such as brick veneer sheeting, Dryvit, EIFS, and engineered plywood is prohibited.
(d) 
All single-family and two-family structures must provide a garage for the dwelling unit(s). The minimum size for garages shall be 380 square feet; homes with garages that measure fewer than 430 square feet shall additionally provide an on-site storage structure, with floor area of no less than 140 square feet; homes with garages that measure at least 430 but less than 480 square feet shall additionally provide an on-site storage structure, with floor area of no less than 80 square feet; homes with garages that measure 480 or more square feet shall have no such requirement to provide any additional on-site storage structure.
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(e) 
The architectural dominance of the garage door(s) on front-loaded home architecture shall be minimized above all else. Kyle alternately requires or at the least strongly encourages alley-loaded, rear-facing garage type products, and the consistent use of side-loading garages, as well as garages located in the rear of the property but accessed from the front of the property.
(f) 
Forward facing garage door(s) shall be clad in a neutral color, noticeably darker so as not to draw primary attention to the façade, and yet complimentary to the overall aesthetic of the home. The door(s) shall present architectural features like hinge straps, windows, awning/roofs, and/or decorative handles. No front-facing garage façade or combination of garage façades may comprise more than half the overall width of the home's front façade.
(g) 
All façades of a building shall contain a combination of architectural treatments, windows, returns, awnings, stoops, porches, and doors such that the maximum allowable unbroken façade distance for each building or side of building shall be 20 feet. Such controls shall pertain to both the vertical and horizontal elevations. "Blank façades" that do not feature windows, doors, or the above architectural treatments are strictly prohibited. Exposed vents, electric meter boxes, storm gutters and similar utility conduits do not qualify as architectural treatments. It should be noted that for fire-rated walls, penetrations are not required to meet this standard, so the standard is still valid in all cases.
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(h) 
The reveal (exposed portion) of siding will be a minimum of four inches and shall not exceed six inches. Corner boards should have the same width and depth as the siding reveal, and are not permitted to be more than two inches greater than the siding reveal, or more than one inch less than the siding reveal.
(i) 
If appropriate to the architectural style, covered front porches shall be fully-functional, habitable areas and be of at least 120 square feet and at least eight feet in depth.
(j) 
Window shutters, whether functional or decorative, shall be scaled as if to cover the window to which they are adjacent.
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(k) 
When utilizing asphalt shingles as a roofing cover, the shingles will be 3-tab "architectural" or "dimensional" style shingles.
(Ordinance 962, § 1(Exh. A, § II), adopted 8/15/2017)

§ 53-947 Purpose and applicability.

Construction plans provide detailed graphic information and associated text indicating property boundaries, easements, land uses, street access, utilities, drainage, off-street parking, lighting, signage, landscaping, vehicle and pedestrian circulation, open spaces, and general conformance with the master plan and ordinances of the city. Construction plan approval by the city engineer shall be required for any development or improvement of land subject to this chapter, and not otherwise required by chapter 41, subdivision.
(Ordinance 438, § 60(a), adopted 11/24/2003)

§ 53-948 Format.

Construction plans shall be drawn on 24 inches by 36 inches sheets at a generally accepted engineering scale, and sufficient to thoroughly meet the informational requirements herein.
(Ordinance 438, § 60(b), adopted 11/24/2003)

§ 53-949 Content.

Construction plans shall include all of the land proposed to be developed or improved, and any off-site improvements required to accommodate the project. Construction plans shall contain, or have attached thereto:
(1) 
A cover sheet showing the following:
a. 
Names, addresses and phone numbers as applicable of the record owner and developer and all authorized agents including the architect, engineer, landscape architect, and surveyor.
b. 
The proposed name of the project.
c. 
A location map showing the relation of the project to streets and other prominent features in all directions for a radius of at least one mile using a scale of one-inch equals 2,000 feet. The latest edition of the United States Geological Survey 7.5 minute quadrangle map is recommended.
d. 
Certification, revision and signature blocks as required by the city.
e. 
The total acreage of the property to be developed.
f. 
Current zoning district as defined by this chapter.
(2) 
An existing conditions plan that shows the following:
a. 
Boundary of existing zoning districts, if applicable.
b. 
The existing property lines, including bearings and distances, of the land being developed or improved. Property lines shall be drawn sufficiently wide to provide easy identification.
c. 
The location of existing structures and improvements, if applicable.
d. 
The accurate location, caliper and critical root zone of significant trees eight-inch caliper and larger, in relation to the property boundary and, if applicable, within the limits of the proposed off-site improvements.
e. 
Centerline of watercourses, creeks, existing drainage structures and other pertinent data shall be shown.
f. 
Lines delineating the regulatory 100-year floodplain, if applicable.
g. 
Topographic data indicating one foot contour intervals. The contoured area shall extend outward from the property boundary for a distance equal to 25 percent of the distance across the tract, but not fewer than 50 feet or more than 200 feet.
h. 
The locations, sizes and descriptions of all existing utilities, including but not limited to sewer lines, lift stations, sewer and storm sewer manholes, water lines, water storage tanks, and wells within the property, and/or adjacent thereto. Existing overhead and underground electric utilities shall also be shown.
i. 
The location, dimensions, names and descriptions of all existing or recorded streets, alleys, reservations, railroads, easements, building setbacks or other public rights-of-way within the property, intersecting or contiguous with its boundaries or forming such boundaries, as determined from existing deed and plat records. The existing right-of-way width of any boundary street to the property shall also be shown.
j. 
Location of city limit lines and/or outer border of the city's extraterritorial jurisdiction, as depicted on the city's most recent base map, if either traverses or is contiguous to the property boundary.
(3) 
An erosion and sedimentation control plan that shows the following:
a. 
Proposed fill or other structure elevating techniques, levees, channel modifications and detention facilities.
b. 
Existing and proposed topographic conditions with vertical intervals not greater than one foot referenced to a United States Geological Survey or coastal and geodetic survey benchmark or monument.
c. 
The location, size, and character of all temporary and permanent erosion and sediment controls with specifications detailing all on-site erosion control measures which will be established and maintained during all periods of development and construction.
d. 
Contractor staging areas, vehicle access areas, temporary and permanent spoils storage areas.
e. 
A plan for restoration and for the mitigation of erosion in all areas disturbed during construction.
(4) 
A site plan that shows all visible improvements to the land, including the following:
a. 
The location, dimensions, square footage, height, and intended use of existing and proposed buildings on the site.
b. 
Location, number and dimensions of existing and proposed parking spaces, distinguishing between standard, handicap and van handicap spaces, and calculation of applicable minimum requirements in accordance with this chapter.
c. 
The location, type and dimensions of proposed driveways, signs and traffic control devices.
d. 
Compliance with the city's transportation policies provided in chapter 41, subdivisions.
(5) 
A grading and drainage plan that shows the following:
a. 
A drainage area map delineating areas to be served by proposed drainage improvements.
b. 
Detailed design of all drainage facilities, including typical channel or paving section, storm sewers, detention ponds and other stormwater control facilities.
c. 
Accurate cross sections, plan and profiles of every drainage improvement proposed in a public utility easement and/or public right-of-way.
d. 
Existing and proposed topographic conditions with vertical intervals not greater than one foot referenced to a United States Geological Survey or coastal and geodetic survey benchmark or monument.
e. 
Attendant documents containing design computations and any additional information required to evaluate the proposed drainage improvements.
f. 
Compliance with the city's drainage policies provided in chapter 41, subdivisions.
(6) 
A utility plan that shows the following:
a. 
The layout, size and specific location of proposed water mains and other related structures and in accordance with all current city standards, specifications, and criteria for construction of water mains.
b. 
The location of proposed fire hydrants, valves, meters and other pipe fittings.
c. 
Design details showing the connection with the existing city water system.
d. 
The layout, size and specific location of the proposed wastewater lines, lift stations, and other related structures, and in accordance with all current city standards, specifications, and criteria for construction of wastewater systems.
e. 
Plan and profile drawings for each line in public right-of-way or public utility easements, showing existing ground level elevation at centerline of pipe, pipe size and flow line elevation at all bends, drops, turns, station numbers at 50-foot intervals.
f. 
Detailed design for lift stations, special wastewater appurtenances, if applicable.
g. 
Utility demand data, and other attendant documents, to evaluate the adequacy of proposed utility improvements, and the demand on existing city utilities.
h. 
Compliance with the city's utility policies provided in chapter 41, subdivisions.
(7) 
A building plan, including floor, building, foundation, and roof plans, and elevations.
(8) 
A landscape plan that shows the following:
a. 
Dimensions, types of materials, size and spacing of proposed vegetative materials, planting details and irrigation appurtenances in relation to proposed structures or other significant improvements.
b. 
The following maintenance note: The developer and subsequent owners of the landscaped property, or the manager or agent of the owner, shall be responsible for the maintenance of all landscape areas. Said areas shall be maintained so as to present a healthy, neat and orderly appearance at all times and shall be kept free of refuse and debris. All planted areas shall be provided with a readily available water supply and watered as necessary to ensure continuous healthy growth and development. Maintenance shall include the replacement of all dead plant material if that material was used to meet the requirements of chapter 41, subdivisions.
c. 
Compliance with the city's landscaping and screening requirements of this chapter. See article V of this chapter.
(9) 
Construction details that show (when applicable) the following:
a. 
Structural retaining walls and/or detention outlet structures.
b. 
Storm sewer manhole and covers, typical channel sections, inlets, safety end treatments and headwalls.
c. 
Wastewater manholes and covers, cleanouts, grease traps, pipe bedding and backfill.
d. 
Water valves, water meters, fire hydrants, thrust blocks, backflow prevention and concrete encasement.
e. 
Driveways, curb and gutter, sidewalks, curb ramps, pavement sections and pavement repair.
f. 
Silt fence, rock berms, stabilized construction entrance, inlet protection.
g. 
Traffic controls when working in public right-of-way.
h. 
Applicable city standard details and specifications.
(Ordinance 438, § 60(c), adopted 11/24/2003)

§ 53-950 Procedure.

Construction plans for the development or improvement of land in the city limits, not otherwise governed by chapter 41, subdivisions, shall be submitted to the city for approval prior to the issuance of a building permit as follows:
(1) 
Two complete sets of construction plans shall be submitted to city staff for review by the city engineer at any time prior to the issuance of a building permit, along with the following:
a. 
Completed application forms and the payment of all applicable fees.
b. 
A letter requesting any variances from the provisions of this chapter.
c. 
Any attendant documents needed to supplement the information provided on the construction plans.
(2) 
City staff shall review all construction plan submittals for completeness at the time of application. If, in the judgment of city staff, the construction plan submittal substantially fails to meet the minimal informational requirements as outlined above, it will not be accepted for review.
(3) 
The city engineer shall review the construction plans to ensure compliance with this chapter, and other applicable city ordinances, codes, standards and specifications, and good engineering practices.
(4) 
Construction plans may be rejected at any time subsequent to submittal and prior to final approval for failure to meet the minimum information requirements of this chapter.
(Ordinance 438, § 60(d), adopted 11/24/2003)

§ 53-951 Approval.

Within 30 days of the date on which all required information has been accepted for review, the city engineer shall either approve or disapprove the construction plans. If the construction plans are disapproved, the city engineer shall notify the applicant, in writing, of disapproval and indicate the requirements for bringing the construction plans into compliance. If construction plans are approved, then the city engineer shall sign the cover sheet of the construction plans, returning one signed copy to the applicant and retaining the other signed copy for city records.
(1) 
Specific approvals required from other agencies shall be obtained by the owner.
(2) 
All improvements shown in the approved construction plans shall be constructed pursuant to and in compliance with the approved plans, except as otherwise specifically approved.
(3) 
It shall be the right of the applicant seeking construction plan approval, to appeal a decision of the city engineer to the planning and zoning commission and have a final decision rendered by the planning and zoning commission.
(Ordinance 438, § 60(e), adopted 11/24/2003)

§ 53-952 Revision.

Where necessary, due to unforeseen circumstances, for corrections to be made to construction plans for which approval has already been obtained, the city engineer shall have the authority to approve such corrections when, in his opinion, such changes are warranted and also in conformance with city requirements. Approval of such changes agreed to between the developer and city engineer shall be noted by initialing and dating by both parties on the two original signed copies of the construction plans.
(Ordinance 438, § 60(f), adopted 11/24/2003)

§ 53-953 Responsibility.

Notwithstanding the approval of any construction plans the city engineer or the planning and zoning commission:
(1) 
The developer and the engineer that prepares and submits such plans and specifications shall be and remain responsible for the adequacy of the design of all such improvements; and
(2) 
Nothing in this chapter shall be deemed or construed to relieve or waive the responsibility of the developer and his engineer for or with respect to any design, plans and specifications submitted.
(Ordinance 438, § 60(g), adopted 11/24/2003)

§ 53-954 Expiration.

Unless a longer time shall be specifically established as a condition of approval, construction plan approval shall expire no earlier than September 1, 2010, and no earlier than two years for an individual construction plan and no earlier than five years for a project following the date on which such approval became effective, unless prior to the expiration, a building permit is issued and construction is commenced and diligently pursued toward completion.
(Ordinance 438, § 60(h), adopted 11/24/2003; Ordinance 823, § 5, adopted 10/21/2014)

§ 53-955 Extension.

Construction plan approval may be extended if the developer submits a written request for extension and continuance of the plan as approved by the city prior to expiration. Approval of any such extension request shall be automatic one time only for a period of 12 months.
(Ordinance 438, § 60(i), adopted 11/24/2003)