(a)

Creation. There is hereby created a Thoroughfare Overlay District (TOD) in all portions ions of properties adjacent and within 300 feet of the following thoroughfares:

(1)

I-45 from the North city limit line to the South city limit line.

(2)

FM 1765 from Highway 146 to FM 2004.

(3)

FM 1764 from 1-45 to the West city limit line.

(b)

Intent and purpose. The TOD will supersede the regulations of the underlying zoning regulations where such zones are in conflict with the TOD.

(c)

Principal and accessory uses. No land shall be used and no structure shall be erected for, converted to or used for any principle or accessory use other than such uses that are allowed in the underlying zone.

(d)

Screening requirements.

(1)

Screening walls applicable to the separation of land uses, screening of satellite dishes, trash receptacles and other items shall be provided in accordance with the requirements of the underlying zoning district, except as otherwise provided herein.

(2)

Outside storage shall be screened on all sides by a solid opaque brick or stone wall of not less than six feet in height measured from the highest finished grade, constructed in accordance with general design standards of the city.

(3)

Trash receptacle shall be visually screened on three sides by a solid, opaque brick or stone wall not less than six feet in height, measured at the highest finished grade. The height of the trash receptacle shall not exceed the height of the screening. Screening shall not be required on the side used for access by garbage collection services. Such side shall not face less than 45 degrees from any adjacent street. Trash receptacles already enclosed by a solid, opaque brick or stone wall of at least six feet in height measured at the highest finished grade shall not be required to provide additional screening.

(4)

Any fencing in the "TOD" required or otherwise shall be a solid, brick or stone wall or wrought iron wall of not less than six feet in height, measured at the highest finished grade.

(5)

Rooftop screening: Roof mounted equipment including but not limited to, storage tanks, compressor units, satellite dishes, vent stacks greater than four inches in diameter, and elevator machinery, shall be integrated into the building design and screened from view from the adjacent streets and public facilities. Rooftop screening shall use building materials similar to the facade of the building to which such items are located, to create a smooth, clean, integrated appearance. For purposes of this section, a highway or interstate frontage road shall be designated as an adjacent street. Any existing building or structure which becomes diminished 50 percent or more in assessed value due to fire, storms or other calamity shall, if rebuilt or repaired, be done so in compliance with this section.

(e)

Miscellaneous requirements.

(1)

All areas used for outside display or storage in conjunction with sales or rental of motor vehicles, manufactured homes, trailers or boats, regardless of whether such areas are screened from public view, shall have a concrete surface, constructed in accordance with the standards prescribed by the city.

(2)

Utilities: All utilities within 200 feet of the property line, which will serve parcel, shall be installed underground, except for any transmission line or feeder lines, either existing or proposed; provided that, such transmission or feeder lines shall be located within a designated paved easement or alleyway provided by the property owner.

(3)

Nothing set forth herein shall prohibit or restrict any utility company from recovering the difference between the cost of overhead facilities and underground facilities. Each utility whose facilities are subject to the provisions of this section shall develop policies and cost reimbursement procedures with respect to the installation and extension of underground service.

(4)

All new construction within the "TOD" shall meet the district standards.

(5)

Any renovation of an existing building or structure which adds 50 percent or more assessed value to such building or structure as determined by the building official shall be in compliance with this section. Any reconstruction or repair of an existing building or structure which has been damaged by 50 percent or more of its assessed value as determined by the building official shall be in compliance with this section.

(6)

Landscaping shall cover a minimum of 15 percent of the of the total land area of any property.

(7)

Masonry content: Structures regardless of structure height, shall meet the following masonry requirements: 100 percent of the total exterior walls, front and side walls, which may be seen from any public thoroughfare, excluding doors, windows and window walls, shall be constructed of brick, stone, masonry or precast concrete panels.

(8)

Area, setback, and height regulations: To provide adequate protection of the aesthetic and visual character of the thoroughfares, a minimum setback of 40 feet of all buildings, accessory buildings and structures from the property line which is adjacent to a public thoroughfare shall be required. The minimum setback requirement shall be reduced to a setback of 25 feet if parking is prohibited within said setback area.

(Ord. No. O-2015-0027, § 1, 11-9-2015; Ord. No. O-2021-0008, § 1, 6-21-2021)

Editor's note— Ord. No. O-2021-0008, § 1, adopted June 21, 2021, set out provisions for the renumbering of the former § 71-20, as § 71-27. Inasmuch as there were already provisions so designated, § 71-27 has been codified herein as § 71-20.1, for purposes of classification and at the discretion of the editor, as set out herein. The historical notation has been retained with the amended provisions for reference purposes.