Liberty Hill City Zoning Code
CHAPTER 6
00 Site Development and Design Standards
§ 6.01 Purpose and Intent.
The purpose of this Chapter is to set forth site development and design standards for residential and nonresidential development and building construction. Chapter 6 contains general standards applicable to all land development, standards applicable only to nonresidential site development, and standards applicable only to residential development. The purpose of These standards exist in order [sic] is to achieve a minimum level of quality, compatibility and environmental protection in new and existing developments while maintaining significant flexibility in site layout and design. The standards also serve to implement selected goals and policies identified in the City of Liberty Hill’s Comprehensive Plan.
(Ordinance 09-O-02 adopted 1/28/2009)
§ 6.02 Relation to Comprehensive Plan Policies and Guidelines.
Design and construction of site developments in the City and ETJ should be consistent with the policies and guidelines established in the most recent version of the Liberty Hill Comprehensive Plan. Any interpretation of the requirements of this Section should be made and shall be interpreted in a manner consistent with the Comprehensive Plan.
(Ordinance 09-O-02 adopted 1/28/2009)
§ 6.03 Applicability.
The minimum site development and site design standards apply to areas both within the City limits and the ETJ.
Standards within base zoning districts and overlay districts may be slightly different than those standards found within this Chapter. When in conflict, the more restrictive standard shall apply.
Also included in certain sections of this Chapter are recommended “guidelines” that are not mandatory and not legally enforceable outside of the city limits of Liberty Hill. Standards are mandatory when they are only enforceable within the city limits of Liberty Hill. In some cases, the words “should” or “may” are used instead of “shall” or “must” to connote this legal distinction. Applicants requesting a variance or anticipating voluntary annexation or any discretionary decision by the City are advised that compliance with these guidelines may be a factor in receiving a favorable recommendation from the Planning and Zoning Commission and City Council.
6.03.01
Thresholds of Development Requiring Site Development Permit.
A site development permit shall be required for all site developments as described or exempted below:
A.
Construction that involves paving or other impervious surface alteration of seventy-five hundred (7,500) square feet or more, or modifications to a drainage channel or storm drain or pipe or other storm drainage feature with a drainage area, whether on-site or off-site, equal to five (5) acres or more, and that does not join or abut a public right-of-way requires a site development permit.
B.
Construction that involves paving or other impervious surface alteration of one thousand (1,000) square feet; or modifications to a drainage channel or pipe or other storm drainage feature with a catchment’s area, whether on-site or off-site, less than or equal to five (5) acres, may be reviewed and permitted by the City Engineer, without requiring City Council approval.
C.
Construction or expansion of a building other than a single-family or duplex residential building, with a floor area expansion of more than one thousand (1,000) square feet or more requires a site development permit.
D.
Conversion of a residential or nonresidential structure to a nonresidential use in which the floor area of the building is one thousand (1,000) square feet requires a site development permit.
6.03.02
Residential.
A.
Construction on single-family or duplex lots in existing subdivisions with average lot sizes greater than one-half (1/2) acre or twenty-one thousand seven hundred and eighty (21,780) square feet do not require a site development permit.
B.
Conversion or expansion of a residential structure to a nonresidential use must apply for and receive a site development permit prior to commencement of construction.
(Ordinance 09-O-02 adopted 1/28/2009)
§ 6.04 Content of the Site Development Permit Application.
The City Manager shall define the content and form of the site development permit application. Until such time as the City Manager has defined the content and form of the site development permit application more specifically in an Administrative Procedures Manual, the application shall consist of the following, demonstrating conformance with applicable provisions in this Code:
A.
Applicant's name, mailing address and contact information.
B.
A description of the nature of the project, including physical address.
C.
A statement of the legal subdivision name, including lot, block and recording information.
D.
A copy of the recorded plat.
E.
Copies of letters from utility providers stating that utility service is available at the site. In the event that the City will provide water or sewer services to the site, and the City's engineer determines that there is insufficient unreserved capacity in such systems to serve the site, then City Council may, by ordinance, authorize approval of the site development permit despite such insufficient unreserved capacity upon a determination that the proposed development is:
1.
Required Criteria:
a.
Classified as a "preferred" or "priority" project under the City's Development Matrix;
b.
Consistent with the City's Comprehensive Plan;
c.
Likely to provide adequate sales and use tax, property tax, and utility fee payments in light of the costs of providing service to the site;
d.
Unlikely, in light of the amount of capacity requested, to cause the City to be unable to serve other properties that have reserved capacity, or to whom the City has committed capacity.
2.
Special considerations may be considered by the City Council on a case-by-case basis for a proposed development that will foster economic development and job creation, but such considerations may not supersede any of the required criteria above.
F.
Copy of approved TxDoT Driveway permit, if applicable.
G.
Five copies of a site plan, drawn at a minimum scale of 1" = 60', which reflects the property boundary dimensions, all setbacks and easements, and the location of physical improvements, including buildings, parking lots, landscaping, utilities, and accessory structures. The site plan shall indicate conformance with any applicable provisions of this Code.
H.
Review fee, as applicable.
(Ordinance 09-O-02 adopted 1/28/2009; Ordinance 2024-O-021 adopted 7/10/2024; Ordinance 2024-O-028 adopted 9/25/2024)
§ 6.06 Landscaping.
6.06.01
Purpose.
A.
The physical appearance of the environment is an important component of community character. The type of landscape and materials use has an impact on water use and conservation.
B.
Regulations must serve to provide attractive, functional, and efficient landscaping, the cost of which is justified by the enhancement of property values and the creation of a sense of place through the cumulative impact of development.
6.06.02
Intent.
A.
To ensure that all planting requirements serve not only to benefit the community aesthetically, but also contribute functionally whenever opportunities to do so are presented.
B.
To utilize planting and landscape elements to mitigate negative impacts by screening unsightly features and buffering incompatible uses.
C.
To implement site design and planting requirements that minimize the need for maintenance and the use of limited resources, especially water.
D.
To provide for landscaping regulations that encourage the preservation of protected trees.
E.
To make Liberty Hill a more sustainable and attractive place in which to live, visit and do business.
6.06.03 Corner Lot View Lines Large Shrub Large Tree Small Shrub Small Tree
Definitions.
shall have the same definition as described in Chapter [Section] 6.10.06.
means a shrub with a mature size over six (6) feet tall, 5-gallon pot size.
means a tree of a species which normally reaches a height of twenty-five (25) feet or more upon maturity and a minimum caliper of three (3) inches at planting.
means a shrub with a mature size between one (1) and six (6) feet.
means a tree of a species which normally reaches a height of not less than fifteen (15) feet upon maturity but typically less than twenty-five feet upon maturity and a minimum caliper of one and a half (1.5) inches at planting.
6.06.04
Applicability.
This section shall apply to all land area (public and private) within the zoning jurisdiction of the city and in areas where this section is in effect by contractual agreement.
The requirements of this section shall apply to:
A.
All new development or construction on vacant or previously developed land, that requires site plan approval;
B.
Any change of land use that results in redevelopment of a residential use to a nonresidential use;
C.
Any change, conversion, or addition of commercial land uses that result in the requirement for additional parking to be constructed. In this case, the landscape requirements shall apply to only the newly proposed parking area and other areas of the site being modified by development activities; and
D.
Detention ponds and water quality ponds that are part of any development including residential subdivisions. Common development that encompasses more than one lot shall be treated as one for the purposes of application of this section. Split ownership, planning in phases, construction in stages, or multiple building permits for a project shall not prevent it from being considered a common development, provided that a comprehensive site plan is submitted for all portions of the development being considered as a common development.
6.06.05
Exemption From Landscape Requirements.
The requirements of this section specifically shall not apply to the following:
A.
Restoration of a building or structure which has been damaged, destroyed or demolished to an extent less than of its fair market value (as determined by the most recent appraised value of the appraisal district in which the structure is located); and
B.
Exterior or interior restoration of a designated historic structure.
6.06.06
Native/Adapted Plants Requirement.
In order to encourage water conservation, any plants or trees used to meet the requirements of this section shall be included in either the Austin Grow Green Guide, the preferred plant list in Section 6.06.18, or the City of Liberty Hill’s preferred tree list in Chapter [Section] 6.07.04. Plants or trees not included in those two (2) resources may be used, but they will not count towards the required landscaping.
6.06.07
Landscape Plans.
The submittal of landscape plans shall be required with the following:
Site Plan. Landscape requirements identified in this section and in the format specified by the application necessary to obtain a standard site plan approval shall be depicted on a landscape plan. This landscape plan shall be signed and sealed by a landscape architect.
6.06.08
General Planting Requirements.
A.
All trees shall be planted in a pervious area no less than three (3) feet wide in any direction measured from the center of the tree.
B.
No more than fifty percent (50%) of the required trees and shrubs shall be of the same species.
C.
All required large trees shall be a minimum caliper of three (3) inches at planting and all required small trees shall be a minimum caliper of one and a half (1.5) inches.
D.
Improved soils shall be provided in all required landscape areas to a depth of at least three (3) inches.
E.
All landscaping shall be separated from vehicular use areas by some form of barrier such as raised concrete curbing, bollards, curb stops, or other suitable permanent alternative.
F.
All landscape beds shall be separated from sod areas by some form of barrier such as steel edging, masonry materials, or another equivalent durable material as approved by the City Manager or designee. No plastic materials shall be allowed. The barriers may be designed in such a way to capture, filter, reuse or infiltrate rainwater with the purpose of protecting and conserving water resources.
G.
Landscaping shall not obstruct the corner lot view lines between access drives and parking aisles.
H.
Nothing shall be erected, placed, allowed to grow, or planted so that it impedes vision between the height of three (3) feet and ten (10) feet above the curb within the corner lot view lines.
I.
No artificial plant material may be used in any form to satisfy the requirements of this section.
J.
Wherever sod or turf grass is used, such grass shall be of a drought-tolerant species from the Austin Grow Green Guide or the preferred plant list in Section 6.06.18.
K.
No landscaping shall be within three feet (3') of any fire hydrant.
L.
The tree canopy of any trees, planted and existing, shall not be lower than 14 feet (14') above all fire lanes and at no point shall it be allowed to encroach a fire hydrant or fire lane clear space.
6.06.09
Interior Parking Lot Landscape Requirements.
A.
Large trees shall be provided in parking areas. The construction of off-street parking areas requires the planting of one large tree per ten (10) new parking spaces, or portion thereof. Each tree shall be planted in an island so that there are no more than ten (10) contiguous parking spaces between islands.
B.
End islands shall be provided at the terminus of each parking bay. Interrupting islands shall be provided within each parking bay as required herein. End islands and interrupting islands shall have a minimum width of nine (9) feet from face of curb to face of curb. Head-to-head parking bays shall include two such end islands.
C.
In a row of parking immediately adjacent to a perimeter parking lot landscape area, required interrupting islands may be eliminated by planting two (2) additional large trees in the landscape area for each interrupting island to be eliminated.
D.
A median island with a minimum width of nine (9) feet, from face of curb to face of curb, shall be required between every six (6) single parking bays and along primary internal and external access drives. Large trees shall be planted at a rate of one per each 50 linear feet or fraction thereof. Median island intervals may be expanded in order to preserve existing trees.
E.
The preservation of existing healthy trees of a protected species, as described in Section 6.07.01(c), may be used as credits towards the landscaping required by this subsection. Each preserved tree is credited towards the adjacent ten (10), twenty (20), or thirty (30) parking spaces, accordingly:
1.
Each healthy large tree with a diameter of at least four (4) inches but less than eight (8) inches within ten (10) feet of a parking area will be counted as a credit towards one required parking lot tree.
2.
Each healthy protected large tree with a diameter of eight (8) inches to 20 inches preserved within fifteen (15) feet of a parking area will be counted as a credit towards two (2) required parking lot trees.
3.
Each healthy protected large tree with a diameter of more than twenty (20) inches preserved within twenty (20) feet of a parking area will be counted as a credit towards three (3) required parking lot trees.
F.
The area within islands and medians shall not include sod or turf grass and shall not include more than fifty percent (50%) decorative groundcover material. The remainder of the area shall consist of planting groundcover.
G.
Notwithstanding the requirements of this section, large trees required to meet the tree island requirements may be planted closer than 30 feet from a building, but in no event closer than 10 feet from a building.
6.06.10
Parking Lot Landscaping Buffers.
A.
Landscaping shall be provided between parking areas and all public streets in an eight-foot-wide linear landscaped area. The minimum landscaping required for this purpose shall be based on the measured linear footage of parking including vehicular circulation routes that extend along the length of the property line (excluding ingress/egress to the public road) adjacent to the public right-of-way.
B.
The required minimum quantity of landscaping is as follows:
1.
One large tree or two (2) small trees per forty (40) linear feet, or fraction thereof;
2.
One small tree per sixty (60) linear feet, or fraction thereof; and
3.
One large shrub, small shrub, or ornamental grass per four (4) linear feet, or fraction thereof. Any combination of the foregoing is acceptable.
4.
There shall be no gap between required landscaping exceeding twenty percent (25%) of the length of the landscaped area.
5.
If there are overhead utilities above the landscape area, then the required large and/or small trees may be placed in end islands or interrupting islands within the first row of parking adjacent to the public street. In addition, the owner shall have the option of reducing the eight-foot-wide linear landscaped area described above, to a four-foot-wide area to accommodate only shrubs. The area within islands and medians shall not include sod or turf grass and shall not include more than fifty percent (50%) decorative groundcover material. The remainder of the area shall consist of planting groundcover.
6.06.11
Nonresidential Landscape Requirements.
A.
The purpose of this subsection is to outline requirements for the treatment of landscape areas adjacent to buildings in all zoning districts except for single-family districts.
B.
A minimum number of Landscape Points (LP’s) must be provided based on the site layout and the categories set forth below. LP’s shall be a site plan requirement. Adherence to the minimum LP’s shall be indicated in a note on the site plan.
C.
Large trees required to meet the requirements shall not be closer than fifteen (15) feet from a building.
D.
Minimum Landscape Points (LP’s):
1.
Landscape Points are determined by multiplying the linear footage of the building’s street-facing facades by a factor of four (4). For example, a building with one hundred (100) linear feet of street-facing facade requires 400 LP’s (100 x 4 = 400).
2.
Landscape Point credits.
The number of required LP’s shall be achieved by providing a combination of no less than three (3) of the following elements contained in the table below to be located between the building and the first drive aisle or street. Additional elements may be considered, and a point value will be established by the City Manager or designee on a case-by-case basis.
Landscape Feature | Points Credited |
|---|---|
Large tree | 50 |
Small tree | 25 |
Large shrub | 5 |
Small shrub | 3 |
Groundcover | 2 (per sq. ft.) |
Perennials and annuals | 0.5 (per sq. ft.) |
Irrigated container plantings | 5 (per sq. ft.) |
Decorative paving | 2.5 (per sq. ft.) |
Shade structure | 30 |
Site furniture | 30 |
Bike rack | 20 |
Trash receptacle | 20 |
6.06.12
Screening.
A.
The purpose of this subsection is to establish requirements to screen specific uses or structures from public view. All landscape material required in this subsection shall be provided in an eight-foot-wide linear landscaped area unencumbered by easements. Buffers shall provide a visual barrier between land uses, enhance the streetscape, and provide privacy. Compliance with this subsection requires that all detention ponds, water quality ponds, ground-mounted equipment (i.e., transformers, air conditioner units), dumpsters, trash receptacles, refuse storage containers, outdoor storage, loading docks, substations, large utility cabinets, water and wastewater pumping stations, storage sites, and other similar uses be sufficiently screened. Required landscape material shall be located to maximize the screening of these facilities.
B.
All proposed detention and water quality facilities shall be screened from public view by means of the following landscape elements:
1.
Water quality ponds/detention ponds with structured walls.
a.
One Large tree shall be planted for every forty (40) linear feet or portion thereof around the boundary of the pond;
b.
One small tree shall be planted for every thirty (30) linear feet portion thereof around the boundary of the pond; and
c.
One large shrub shall be planted for every eight (8) linear feet or portion thereof around the boundary of the pond; or
d.
The foregoing tree and shrub requirements may be eliminated and replaced with the following: The exterior walls of the pond shall be clad with limestone and/or other textured design features; and if a chain-link fence is utilized, a native/adapted vine in at least a five-gallon container shall be planted for every eight (8) linear feet of fence.
2.
Water quality ponds/detention ponds with earthen berms shall be planted with one large tree for every forty (40) linear feet around the boundary, not in the earthen berm itself, of a nonstructured detention/retention pond.
C.
Dumpster and trash receptacles.
All dumpsters, trash receptacles, and refuse storage containers shall be located within an enclosure that meets all dimensions required by the service operation and providing screening by means of both the following landscape elements:
1.
A decorative masonry wall (minimum six (6) feet in height) on three (3) sides and a gate on the fourth side. The gate shall be constructed with an opaque, non-masonry material. The construction materials of the wall shall match material used on the principal building located on the same lot.
2.
Small shrubs shall be arranged as foundation planting around the perimeter of the pad area except the side where the gate is located. One small shrub shall be planted every three (3) linear feet in a three-foot-wide landscape area. The landscape requirements of this subsection do not apply when the enclosure is an architectural extension of a principal building.
D.
Ground-mounted equipment.
All proposed ground-mounted equipment shall be screened by the planting of one large shrub every four (4) linear feet around the boundary of the equipment.
E.
Substations, water/wastewater stations.
Proposed electric substations, water pump stations and wastewater lift stations shall be screened from public views by means of a six-foot decorative masonry wall on a minimum of three (3) sides. Standard concrete masonry units are prohibited. The following landscape elements shall be incorporated:
1.
An eight-foot-wide landscape area with one small evergreen tree per twelve (12) linear feet; provided that said trees shall be planted no closer than eight (8) feet and no more than sixteen (16) feet apart; or
2.
A five-foot-wide landscape area with one large shrub for every four (4) linear feet; provided that said shrubs shall be planted no closer than six (6) feet apart.
F.
Outdoor storage.
In addition to any fencing requirements outdoor storage shall be screened as follows:
1.
Limited outdoor storage.
An eight-foot-wide landscape area with one small evergreen tree per twelve (12) linear feet of wall constructed; provided that said trees shall be planted no closer than eight (8) feet and no farther than sixteen (16) feet apart; or a five-foot-wide landscape area with one large shrub for every four (4) linear feet; provided that said shrubs shall be planted no closer than six (6) feet apart.
2.
General outdoor storage.
An eight-foot-wide landscape area with one small evergreen tree per fifteen (15) linear feet and one large evergreen tree per thirty (30) linear feet of wall constructed; provided that said trees shall be planted no more than fifteen (15) feet apart.
G.
Loading areas.
All loading areas visible from public view shall be screened by means of the following screening and landscaping elements:
1.
Decorative masonry wall (minimum six (6) feet in height). If the wall includes a gate, it shall be constructed with an opaque, non-masonry material. The construction materials of the wall shall match material used on the principal building located on the same lot;
2.
One large tree per forty (40) linear feet of wall constructed (seventy-five percent (75%) of selected trees shall be of an evergreen species);
3.
One small tree per fifteen (15) linear feet of wall constructed (seventy-five percent (75%) of selected trees shall be of an evergreen species); provided that said trees shall be planted no more than fifteen (15) feet apart; and
4.
One large shrub per four (4) linear feet of wall constructed; provided that said shrubs shall be planted no more than six (6) feet apart.
6.06.13
Irrigation.
Underground automatic system. All required landscape areas shall be irrigated by an underground automatic system that may include a drip irrigation system. This system shall adhere to manufacturer specifications and the rules and regulations established by TCEQ or successor agency. In addition, an irrigation system must be designed by a landscape architect or irrigator licensed by the state.
6.06.14
Alternative Compliance.
A.
In cases where a particular site opportunity exists; a creative design has been proposed; or where there is an unusual site encumbrance, an application for an alternative landscape plan which does not strictly comply to the standards of this section may be submitted for approval to the City Manager or designee. If the City Manager or designee denies the application for the alternative plan, the applicant may, within fifteen (15) business days after receipt of notice of such denial, appeal the decision to the Board of Adjustment (BOA).
B.
An application for alternate compliance must include a letter stating how the plan meets the purpose and intent of the Code and the details of the methods used to meet such intent. In addition, a comparison detailing the landscape elements required to satisfy strict compliance versus the alternative plan must be provided.
C.
In rendering a decision on an alternate compliance plan, the City Manager or designee shall consider appropriate circumstances including, but not limited to:
1.
Does the plan result in a creative arrangement of new large trees?
2.
Does the plan maximize water conservation?
3.
Does the plan minimize the removal of existing trees or alteration of other significant natural features, such as rock outcroppings, floodplain or waterways?
4.
Is the plan contextually comparable to surrounding developments in the immediate area? and
5.
Is the site encumbered by easements that prohibit placement of landscaping as required by this section?
6.06.15
Implementation.
Inspection. Prior to the issuance of a certificate of occupancy for the project, a landscape architect, or the identified professional as determined for site plans, shall inspect each site and certify that the site meets the requirements of this section and conforms to the approved site plan and/or landscape plan. Upon receipt of the certification, the City Manager or designee shall verify that all requirements have been met.
6.06.16
Certificates of Occupancy.
A.
Prior to the issuance of a certificate of occupancy, the developer/owner shall either have completed the installation of all required landscaping or shall file with the City Manager or designee fiscal security (by bond, certificate of deposit, letter of credit or cash security) satisfactory to the city, in the amount of a contractor’s estimate using current market prices for materials and installation of the required landscaping plus a twenty (20) percent contingency. The contractor’s estimate shall be subject to the approval of the City Manager or designee.
B.
Any developer/owner wishing to file fiscal security must also grant license to the city to enter upon the land for the purposes of installing the required landscaping in the event of nonperformance.
C.
Except as provided below, all required landscaping must be installed or planted no later than 45 days from the issuance of a certificate of occupancy unless otherwise approved in writing by the city.
D.
In the event that mandatory water restrictions have been implemented by the City Council or City Manager, the developer/owner shall comply with the applicable restrictions and regulations contained therein.
6.06.17
Maintenance.
A.
All required landscaping, irrigation systems, fences, walls, berms, vegetation and other landscape components shall be maintained by the owner or agent in a healthy, safe and operating condition.
B.
Maintenance practices shall consist of all regular and normal maintenance operations of landscaping including, but not limited to, weeding, irrigation, fertilizing, pruning, mowing and litter pick-up. Plant material that exhibits severe levels of insect or pest infestation, disease and/or damage, shall be appropriately treated, and all dead plant material shall be removed and replaced with living plant material where required according to the city approved plan for the site.
C.
Street right-of-way between a property line and curb or street pavement adjoining the property shall be maintained by the adjacent landowner.
D.
It shall be the responsibility of the owner to maintain and properly irrigate all landscaping required by this section. Failure to replace dead or diseased plant material within thirty (30) days of written notification by the city shall constitute a violation of the zoning ordinance.
E.
It shall be unlawful for any person to damage required landscaping through tree topping, over-pruning or chemical poisoning. It shall be an affirmative defense that a maintenance/pruning plan was approved by the City Manager or designee and that the work was performed in compliance with said approved plan. In the event that required landscaping has been so severely damaged due to tree topping, over-pruning or chemical poisoning that it has died, the developer/owner shall replace the landscaping within forty-five (45) days of written notice from the city.
6.06.18
Preferred Plant List.
PREFERRED PLANTINGS | |
|---|---|
Evergreen Shrubs | Deciduous Shrubs |
Large | Large |
Abelia | Flowering Senna |
Agarita | Fragrant Sumac |
Agave | Sage |
Burford Holly | Skull Cap |
Bush Germander | |
Cenizo/Texas Sage/Autumn Sage | |
Cotoneaster | |
Primrose Jasmine | |
Small | Small |
Dwarf Chinese Holly | Bamboo Muhly |
Dwarf Palmetto | Big Muhly |
Dwarf Yaupon Holly | Black Dalea |
Texas Sotol | Deer Muhly |
Yucca | Flame Acanthus |
Gulf Muhly | |
Inland Sea Oats | |
Lantana | |
Mexican Feather Grass | |
Mountain Sage | |
Sideoats Grama | |
Wooly Butterfly Bush | |
Yellow Bells | |
Groundcovers | |
Artemisia | |
Asian Jasmine | |
Aztec Grass | |
Creeping Germander | |
Frog Fruit (deciduous) | |
Gregg Dalea (deciduous) | |
Liriope | |
Meadow Sedge | |
Monkey Grass | |
Mountain Pea (deciduous) | |
Oregano | |
Trailing Rosemary | |
PLANTS TO AVOID | |
Shrubs to Avoid | Other Plants to Avoid |
Chinese Photinia | Elephant Ear |
Common Privet | Giant Cane |
Japanese Ligustrum | Holly Fern |
Nandina (berrying varieties) | Running Bamboo |
Pyracantha | |
Russian Olive | Ground Cover to Avoid |
Wax Leaf Ligustrum | Bermuda (Seeding Varieties) |
Vines to Avoid | |
Cat’s Claw Vine | |
English Ivy | |
Japanese Honeysuckle | |
Kudzu | |
Vinca | |
Wisteria (non-native) | |
(Ordinance 2022-O-12.14-05 adopted 12/14/2022)
§ 6.07 Tree Inventory, Protection, and Preservation.
6.07.01
Purpose.
The purpose and intent of this section is adopted to promote and enhance a superior community environment. Trees have a positive economic effect on the city by enhancing property values, mitigating drainage and flooding issues, improving air quality, and helping save energy, thereby making the city a more attractive place in which to live, visit and do business.
(a)
General tree survey standards.
The plat shall include a survey not older than 2 years old of all hardwood trees six (6) caliper inches and larger (measured four and one-half feet above ground level), and shall include all tree locations, caliper inches and types. Trees shall be represented by circles using the formula of one foot of radius for every one (1) inch of trunk caliper. Unbroken circles shall indicate trees that will remain and dashed circles shall indicate trees proposed for removal.
(1)
Tree surveys must be as accurate as possible, but need not be certified. Levels of inaccuracy, which will result in a failure to comply with the City tree preservation, design criteria and construction specifications may necessitate new surveys and plan adjustments and a variance, either prior to permit approval or project release.
(2)
Caliper inches of existing trees are measured at four and one-half feet above grade. If the tree is on a slope, it is measured from the high side of the slope.
(A)
To determine the caliper inch of a multi-trunk tree, measure all the trunks; add the total caliper inch of the largest trunk to one-half (1/2) the caliper inch of each additional trunk. A multi-trunk tree is differentiated from individual trees growing from a common root stock if there is a visible connection between the trunks above ground.
(3)
Tree types should be accurate to the species level (e.g., Post Oak, Spanish Oak, Cedar, Elm, etc.). Tree types should be listed by common names. Additional information which would aid project designers and reviewers in their efforts would include crown configuration, crown clearance, condition, and tree number.
(b)
Tree preservation design criteria.
(1)
Critical root zone impacts.
A tree’s root system ranges well beyond the dripline. The critical root zone (CRZ) has been established to set a practical limit beyond which any loss of roots would not have a significant impact on a tree’s survival. The CRZ is defined as a region measured outward from the trunk of a tree representing the essential area of the roots that must be preserved for the tree’s livelihood. The CRZ is measured as one foot of radial distance outward from the trunk for every inch of the tree’s diameter, but may not be less than a radius of eight feet. Design constraints often dictate that trees slated for preservation have some encroachment on their critical root zone. Weighing this fact with what appears to be an acceptable degree of risk to most trees, the following minimum design criteria (maximum allowable impacts) have been established:
(A)
A minimum of fifty percent (50%) of the CRZ of a protected tree shall be preserved at natural grade, with natural ground cover. If disturbance of the CRZ exceeds fifty percent (50%) of a protected tree, such tree will be considered removed.
(B)
No cut or fill greater than four (4) inches shall be located closer to the tree trunk than one half (1/2) the CRZ radius distance.
(2)
Crown removal.
A maximum of thirty percent (30%) of the viable portion of a tree’s crown may be removed.
(3)
Tree removal.
(A)
A developer or homeowner may remove protected trees whose total diameters are not more than thirty percent (30%) of the diameter inches of all protected trees on the site without being subject to the tree replacement requirements. To calculate this the Director of Planning or their designee shall first calculate the total number of diameter inches of protected trees on the site, then the developer or homeowner may remove protected trees whose total diameters are not more than thirty percent (30%) of the diameter inches of all protected trees on the site. This shall first be applied to the smallest protected tree on the site and then to the remainder of the protected trees in ascending order according to their diameters. If the developer or homeowner wishes to remove more than thirty percent (30%) of the diameter inches of all protected trees on the site, the developer or homeowner shall comply with the requirements of Subsection (c) for trees in excess of said thirty percent (30%).
(4)
The existing hardwood trees surveyed between 6" and 7.9" and retained on-site may count toward the site tree cover and mitigation of heritage and protected trees, pursuant to subsection (c) at a ratio of 0.5:1.
(c)
Preservation of protected trees.
(1)
Protected trees.
(A)
A tree having a diameter of eight inches or more or any tree designated as a heritage tree provided in subsection (c)(9) is a protected tree except for Celtis occidentalis (Hackberry), Melia azedaragh (China-Berry), Sapium sebiferum (Chinese Tallow), Maclura pomifera (Osage-orange), Juniperus ashei (Texas Common Cedar), and Prosopis glandulosa (Honey Mesquite).
(2)
General requirements.
(A)
Existing trees and vegetation shall be left undisturbed to the maximum extent possible. Except as otherwise provided in subsection (c)(3) or in accordance with subsection (c)(2)(B), it is unlawful to remove a protected tree without written approval of the Director of Planning, or their designee.
(B)
Preliminary plans and site development plans depicting any protected trees shall be submitted to the Director of Planning, or their designee for evaluation and recommendation for administrative approval or, when required, submission to the Planning and Zoning Commission. Final approval of the final plat or site plan constitutes an approval for removal of a protected tree, provided it is specifically identified on the plat or site plan as being removed with the development and provided that each such removal is specifically reviewed and approved by the Director of Planning, or their designee.
(C)
The location of all proposed buildings and improvements shall be oriented by the applicant, to the greatest extent in a manner which allows for the preservation of protected trees.
(D)
In the case of new development, any mitigation or contribution required under this section shall be satisfied prior to issuance of a final certificate of occupancy or commencement of permanent utilities.
(E)
All pruning must be performed by an International Society of Arboriculture (ISA) certified arborist, or under the supervision of an ISA certified arborist and must follow the American National Standards Institute (ANSI) A300 standards.
(F)
Oak wilt is an incurable disease caused by fungus that affects mainly live oaks and red oaks. The fungus clogs water-conducting tissues called xylem, which prevents water from reaching the leaves and causes the tree to wilt and die. Equipment used for trimming, cutting, treating, or removing diseased trees will be sterilized after each tree is completely cut and before proceeding to the next tree. A solution of nine parts water to one part bleach is recommended for sterilization of all trimming equipment. Equipment shall be sterilized after each cutting. Pruning should be accomplished between the months of October and January. Treat and cover tree wounds as they are made.
(3)
Exceptions.
(A)
If the protected tree is damaged by a natural disaster such as a tornado, storm, flood or other act of God, and presents an immediate hazard that endangers public health, welfare or safety, then no application shall be required for removal of only the hazardous portion of the tree, provided that the removal is effected in a timely manner so as to maintain the integrity and vigor of the tree and the owner preserves and forwards to the Director of Planning, or their designee documentation of the damage, which shall include photographs and any other proof of damage.
(B)
City, public utilities, and governmental entities.
Pruning the canopy of protected trees may be carried out by the City, public utility, governmental entity, or political subdivision of this State without an application if performed by an International Society of Arboriculture (ISA) certified arborist or under the supervision of an ISA certified arborist.
(4)
Application requirements.
(A)
Application for the removal of a protected tree located on public property or in any public street, alley, right-of-way, or easement shall be made by any City department or any public utility or political subdivision of the State with authority to install utility lines or other public facilities in or above the property, street, alley, right-of-way or easement on which such tree is located, or by the owner of real property abutting upon the site of the tree or its crown.
(B)
Application for the removal of a protected tree located on privately owned property shall be made by the owner of the property on which such tree is located, except that an appropriate City official may make application on behalf of the owner of the property on which the tree is located to remove a tree that constitutes a hazard to the safety of persons or property, or that is seriously diseased.
(C)
The application shall be via the City’s protected tree removal application form, signed by the applicant or their authorized representative, and submitted to the Director of Planning, or their designee.
(D)
Upon receipt of a completed application for removal of a protected tree, the Director of Planning, or their designee shall inspect the subject tree and shall approve or deny the request within a period of ten (10) working days. The Director of Planning, or their designee shall promptly send written notice of such approval or denial to the applicant.
(E)
The Director of Planning, or their designee shall not approve a protected tree removal application unless such removal is within the spirit and intent of this Chapter and:
(i)
The City or the Texas Department of Transportation determines the protected tree is located in a sight triangle or clear zone of a public street;
(ii)
The Applicant’s Arborist, or their designee determines the protected tree to be dead, dying, or diseased and either:
(iii)
The protected tree is located on or within twenty (20) feet of an area that will be used for a building, recreation area, roadway, public street, alley, or right-of-way, drainage right-of-way, public access easement, or utility easement;
(iv)
The protected tree would deprive the applicant of the reasonable use and enjoyment of their single-family residential property; or
(v)
The protected tree would deny a governmental entity or political subdivision of this State reasonable use of public property for the achievement of its public purposes.
(F)
If a protected tree removal is approved pursuant to the provisions of this subsection, the applicant must comply with all applicable provisions of this section, including mitigation.
(G)
Approval for removal of a protected tree shall remain valid for the shorter of:
(5)
Mitigation; on-site.
(A)
Upon approval of protected tree removal application, the applicant shall, no later than thirty (30) days from the date of approval of the application, submit a mitigation plan showing the proposed type, location, and irrigation plan for the proposed replacement trees.
(B)
The mitigation plan must provide for planting of replacement shade/canopy trees at a 1:1 ratio for each protected tree that is 8" to 19.9" caliper inch and will be removed.
(C)
The mitigation plan must provide for planting of replacement shade/canopy trees at a 2:1 ratio for each protected tree that is 20" to 25.9" caliper inch and will be removed.
(D)
The mitigation plan must provide for planting of replacement shade/canopy trees at a 3:1 ratio for each protected tree that is 26" caliper or larger or is designated as a heritage tree and will be removed.
(E)
No replacement trees shall be planted until the Director of Planning, or their designee has reviewed and approved the mitigation plan.
(F)
Replacement trees shall comply with the preferred tree list in Section 6.07.03 [6.07.04] of this Chapter.
(G)
Transplanting of protected trees.
Protected trees can be transplanted to a suitable location on the same property or off-site, without the requirement of further mitigation, if the applicant complies with the generally accepted transplanting methods of the American National Standards Institute (ANSI A300 Standards) and the tree survives for a period of at least two (2) years.
(H)
No mitigation required.
The mitigation provisions of this section shall not be required under the following circumstances:
(i)
For the removal of any protected tree located in a sight triangle or clear zone of a public street, as confirmed by the City or the state department of transportation;
(ii)
For the removal of any protected tree the Applicant’s Arborist, or their designee determines to be dead, dying, or diseased and hazardous, unlikely to recover, or reasonably expected to endanger the health of other trees;
(iii)
For the removal of any protected tree that is located in a dedicated public right-of-way or that would otherwise deny a governmental entity or political subdivision of this State reasonable use of public property for the achievement of its public purposes.
(I)
Maintenance.
If any of the trees required to be retained or trees planted as part of the landscaping plan should die within a period of two (2) years after issuance of the certificate of occupancy, the owner of the property shall replace the trees within six (6) months.
(6)
Mitigation; off-site or cash in lieu of.
If the Director of Planning, or their designee determines that mitigation for protected tree removal by replanting trees on-site is not feasible, e.g., planting capacity has been reached on-site, the Director of Planning, or their designee may approve:
(A)
Planting the same number and type of replacement trees required under subsection (c)(5), in a City park or other designated area;
(B)
Payment into the tree per the fee schedule below. Replacement inches shall be calculated as follows: Total diameter of trees in a single category multiplied by the tree replacement ratio for that category equals the tree replacement required for that category of trees. The tree replacement ratio applies to the diameter of the existing tree to be removed.
Diameter of Existing Tree | Tree Replacement Ratio Inches | Tree Replacement Fee (per inch) |
|---|---|---|
8 to 19.9" | 1.0 | $150.00 |
20 to 25.9" | 2.0 | $300.00 |
26" and larger or designated as Heritage | 3.0 | $450.00 |
Example: If an existing 12-inch tree is removed, 12 inches of tree replacement results or a fee of $1,800.00 shall be paid (12 inches multiplied by $150.00). If an existing 20-inch tree is removed, 40 inches of tree replacement results or a fee of $6,000.00 shall be paid (20 inches multiplied by $300.00).
(C)
Reserved]
(D)
Some reasonable combination of such off-site mitigation and payment.
(7)
Protected tree protection during construction.
(A)
Prior to the commencement of any development, a tree protection fence constructed of approved materials shall encompass the CRZ or the dripline, whichever is greater, of any protected tree. Said tree protection fence must be maintained throughout the construction process.
(B)
During construction, no materials including but not limited to excess soil, vehicles, equipment, liquids, trash, or construction debris may be placed inside of the tree protection fence, nor shall the tree protection fence be altered in any way so as to increase the encroachment of the construction.
(C)
Excavation, grading, soil deposit, impervious covering, drainage and leveling within the CRZ of protected trees is prohibited unless approved by the Director of Planning, or their designee. Any impervious cover proposed within the CRZ of a protected tree will be reviewed on a case-by-case basis by the Director of Planning, or their designee upon field inspections and/or plan reviews. In any case, generally no more than 25% of the CRZ of any protected tree can be covered with impervious cover. Any protective fencing being used around protected trees may only be reduced while impervious cover activity is being done. The remainder of the protective fencing must stay intact for the duration of the project.
(D)
The attachment of wires, signs and ropes to any protected tree is prohibited.
(E)
At applicant’s expense, an ISA certified arborist or their employee(s) shall be present whenever activities occur which will pose a potential threat to the health of the protected tree such as pruning, or whenever any work needs to be done within the CRZ of such tree.
(F)
The applicant shall notify the Director of Planning, or their designee whenever any damage or injury occurs to a protected tree during construction so that proper treatment may be administered.
(8)
Violations; penalties.
(A)
Any person who intentionally, knowingly, or negligently causes damage to a protected tree shall be required to take such steps as may be required by the Director of Planning, or their designee to assure the future vitality of the tree, including costs of chemical or other types of treatment and/or construction of protective barriers. If the Director of Planning, or their designee determines that the damaged protected tree is no longer reasonably sustainable, the person shall be required to replant replacement trees at two (2) times the amount specified in subsection (c)(5), as amended, and shall pay a civil penalty in the amount of $1,000.00 for each protected tree that was damaged. This is violation is considered a Class C Misdemeanor.
(B)
Any person who intentionally, knowingly, or negligently removes a protected tree in violation of this Article commits a Class C Misdemeanor and shall be required to replant replacement trees at two (2) times the amount specified in subsection (c)(5) and shall pay a civil penalty into the tree fund in the amount of $1,000.00 for each protected tree that was removed.
(C)
If the Director of Planning, or their designee, determines that the on-site replacement required by this subsection is not feasible, the Director of Planning, or their designee, may approve either:
(i)
Planting replacement trees from the selection specified in the preferred tree list at two (2) times the amount specified in subsection (c)(5), in a City park or other designated area;
(ii)
Payment of two (2) times the amount specified in subsection (c)(6), as amended [per] inch of protected tree removed into the tree fund; or
(iii)
Some reasonable combination of such off-site replacement and payment, as determined by the Director of Planning, or their designee.
(9)
Designation of heritage trees and removal of designation.
(A)
A hardwood tree having a trunk of twenty-six (26) inches or more (measured four and one-half feet above ground level) or any trees of the following species and size or larger are designated as heritage trees:
Tree Species | Size |
|---|---|
Cedar Elm | 25" |
Italian Stone Pine | 20" |
Magnolia | 14" |
Post Oak | 24" |
Shumard Oak/Texas Red Oak | 21" |
(B)
Designation by the City Council.
(i)
Nomination.
The City Council may consider designating a tree as a heritage tree upon the nomination by any person and with the written consent of the property owner.
(ii)
Designation.
A tree may be designated a heritage tree by the city council upon a finding that it is unique and of importance to the community due to any of the following:
(iii)
Notification.
After City Council approval of a heritage tree designation, the City Secretary shall notify the property owner in writing of the designation.
(iv)
Removal of designation.
A written request by the property owner for removal of a heritage tree designation may be submitted to the Director of Planning, or designee for consideration by the City Council. After City Council approval of a heritage tree designation removal, the City Secretary shall notify the property owner in writing of the designation removal.
(C)
The Director of Planning, or their designee shall be responsible for creating and maintaining a registry for heritage trees. The registry shall be adopted by City Council and reviewed and adjusted as necessary.
6.07.02
Appeals.
If a protected tree removal application, or heritage tree removal or pruning application is denied by Director of Planning, or their designee, the applicant may appeal the denial to the City Council in writing by no later than the tenth (10th) business day following the date of such denial.
6.07.03
Tree Fund.
A tree fund shall consist of fees generated as a result of tree replacement requirements as well as general donations for public tree plantings.
(a)
Establishment of the Fund.
A tree fund is hereby established.
(b)
Funds to be deposited.
Tree replacement fees for the installation of replacement trees shall be deposited in the tree fund.
(c)
Use of funds.
Expenditures from the tree fund shall be used solely for purchasing and installing trees and associated irrigation on public right-of-way, public parkland any other city-owned property, and for administering the tree fund.
6.07.04
Preferred Tree List.
The City’s preferred tree list shall include recommended trees listed in the City of Austin’s “Grow Green Guide”, recommended trees listed in the Lower Colorado River Authority’s (LCRA) guide, and the following. For species not listed, please request alternative acceptance from the Director of Planning, or their designee:
Common Name | Botanical Name | Comments |
|---|---|---|
SHADE/CANOPY TREE | ||
Pecan | Carya illinoinensis | Deep tap root |
Cedar Elm | Ulmus crassifolia | Disease resistant |
Shumard Red Oak (other red oaks) | Quercus shumardii (etc.) | Red fall color |
Live Oak | Quercus virginiana | Very hardy evergreen |
Bur Oak and (other White Oaks) | Quercus macrocarpa (etc.) | Nice branch char. |
Big Tooth Maple | Acer grandidentatum | Fall color |
Chinese Pistachio (e) | Pistacia chinenesis | Fall color |
Gingko | Ginkgo biloba | Yellow fall color |
Catalpa | Catalpa spp. | Flowers, slightly messy |
Western Soapberry | Sapindus drummondii | Showy winter fruit, yellow fall color |
Southern Magnolia | Magnolia grandiflora | Large evergreen, large white flowers |
Bald Cypress | Taxodium species | Fernlike leaves, fall color |
Montezuma Cypress | Taxodium species | Fernlike leaves, fall color |
Texas Pistache | Pistacia texensis | Evergreen in this area, new growth red |
Texas Ash | Fraxinus texensis | Long-lived, fast growing |
TexMex Sycamore | Plantus hybrid | Insect and disease resistant |
ORNAMENTAL TREE | ||
Texas Persimmon | Diospyros texana | Smooth gray bark |
Possumhaw Holly | Ilex decidua | Deciduous, red fruit in winter |
Texas Redbud | Cercis canadensis texana | Long flowering in spring |
Desert Willow | Chilopsis linearis | Drought tolerant, summer blooms |
Yaupon | Ilex vomitoria | Very hardy, red berries |
Crape Myrtle | Lagerstroemia indica | Some die-back, flowers |
Eve’s Necklace | Sophora affinis | Fernlike foliage, winter fruit color |
Japanese Black Pine | Pinus thunbergi | Great color, best of pines |
Loquat | Eriobotrya japonica | Evergreen, fall fruit |
Texas Mountain Laurel | Sophora secundiflora | Fragrant purple flower |
Mexican Plum | Prunus mexicana | White flowers |
Mexican Buckeye | Ungnadia speciosa | Brilliant pink flowers in spring |
Eldarica Pine (Afghan) | Pinus eldarica | 30-80', suited to alkaline soils |
(Ordinance 09-O-02 adopted 1/28/2009; Ordinance 22-O-04.06-01 adopted 4/6/2022)
§ 6.08 Compatibility Buffers and Fencing Requirements.
6.08.01
Compatibility Buffers.
6.08.02
Purpose.
The purpose of this section is to set forth requirements regarding the design, installation, construction, and maintenance of compatibility buffers between certain uses. A compatibility buffer shall be composed of a landscape buffer and a compatibility fence as provided below.
6.08.03 Corner Lot View Lines Non-View Fence Street Yards View Fence
Definitions.
shall have the same definition as described in Chapter [Section] 6.10.06
means a fence that is zero percent (0%) transparent.
means the area between the building facade and the property line.
means a fence that is a minimum of fifty percent (50%) transparent.
6.08.04
Applicability.
This section shall apply to multifamily, commercial, retail, office, public facilities, or industrial zoning districts where they share a common lot line with existing or planned single-family or duplex uses and shall be applied to all land within the city limits and in areas where this section is in effect by contractual agreement.
B.
Native/Adapted Plants Requirement.
In order to encourage water conservation, any plants or trees used to meet the requirements of this section shall be included in either the Austin Grow Green Guide, the preferred plant list in Section 6.06.18, or the City of Liberty Hill’s preferred tree list in Chapter [Section] 6.07.04. Plants or trees not included in those two (2) resources may be used, but they will not count towards the required landscaping.
C.
Exemptions.
1.
The following shall be exempt from the requirements of this section:
a.
Restoration of a building or structure which has been damaged, destroyed or demolished to an extent less than 50 percent of its fair market value (as determined by the most recent appraisal of land value of the appraisal district in which the building or structure is located);
b.
Exterior or interior renovation of a structure;
c.
Land located within the Downtown Area; or
D.
Lots where the adjacent single-family or two-family property is occupied by a place of worship, civic building such as fire or police station, park, pond, or designated open space.
E.
Special exceptions.
1.
A landowner may apply for a special exception. An application for a special exception which does not strictly comply to the standards of this section may be submitted for approval to the City Manager or designee. If the City Manager or designee denies the application for the alternative plan, the applicant may, within 15 business days after receipt of notice of such denial, appeal the decision to the Board of Adjustment (BOA).
2.
A decision on approval of a special exception shall be based on one or more of the following factors:
a.
distance to existing residential structures on the abutting single-family or two-family property,
b.
likelihood that the abutting single-family or two-family property will be developed into single-family dwelling units if presently vacant,
c.
change in elevation, or presence of natural features such as creeks or trees.
6.08.05
Landscape Buffer.
A.
A landscape buffer at least eight (8) feet wide shall be provided for all sites subject to this section. Based on the linear footage that extends along the length of the property line between higher and lower intensity land uses, the minimum quantity of landscaping shall be determined by the following requirements and as defined in Chapter [Section] 6.06, Landscaping:
1.
One large tree per 50 linear feet with a minimum caliper of three (3) inches, selected from the list of approved evergreen tree species; and
2.
One small tree per 50 linear feet with a minimum caliper of one and a half (1.5) inches, selected from the list of approved evergreen tree species[.]
3.
Other than the required landscaping and associated irrigation, nothing shall be placed within the landscape buffer, including without limitation, accessory buildings, parking lots, storage of materials and refuse containers. The landscape buffer may not be used as a utility easement.
6.08.06
Compatibility Fence.
In addition to the above landscaping requirement, a compatibility buffer shall also have a compatibility fence installed and maintained on the applicable property boundaries.
A.
A landowner may select from two options for complying with the requirements for a compatibility fence required by this section. The options are set forth below:
1.
Pre-cast concrete panel, architectural concrete masonry unit (CMU), or innovative material fence option.
a.
Pre-cast concrete panels shall be installed per manufacturer’s specifications;
b.
An innovative material may be approved by the City Manager or designee provided that it meets the other criteria of this section.
c.
Construction details or shop drawings must be sealed by a civil engineer, structural engineer, or landscape architect and provided prior to the issuance of a building permit;
d.
Both sides of the fence shall have a finished face; and
e.
The fence shall have a minimum height of six (6) feet.
2.
Masonry fence option.
For the purposes of this section, “masonry fence” shall mean a fence constructed of brick or natural stone. The term shall not include cement-based siding such as HardiePlank, Fencecrete, or similar construction materials. Masonry materials, construction standards, and miscellaneous requirements shall be as follows:
a.
Brick or natural stone;
b.
A cast-in-place structural footing;
c.
Top capped;
d.
Both sides of the fence shall have a finished face;
e.
The fence shall have a minimum height of six (6) feet; and
f.
Construction details or shop drawings must be sealed by a civil engineer, structural engineer, or landscape architect, shall include wind load calculations certified by an engineer qualified by experience and/or training in structural evaluation in accordance with the most recently adopted International Building Code, and be provided prior to the issuance of a building permit.
6.08.07
Fences.
A.
General standards.
1.
All fences shall provide a finished face to abutting public rights-of-way.
2.
Fences for nonresidential uses shall provide a finished face to abutting single-family, two-family or townhouse uses.
3.
Fences shall not conflict with Corner Lot View Lines at street intersections or obstruct views from adjacent driveways.
4.
Fence posts for all new fences shall be constructed of rust-resistant metal parts, concrete based masonry, or concrete pillars of sound structural integrity.
5.
Fence posts and fence panels for non-wood fences shall be capped.
6.
Materials not originally intended for use in constructing a fence are prohibited as fencing and screening materials. Examples of prohibited materials include plywood, particleboard, corrugated metal, railroad ties, tires, door panels, and other makeshift materials.
7.
Used or salvaged fencing materials including materials that are weathered, worn, rusted, corroded, or otherwise deteriorated shall be prohibited.
8.
Except in the “A” [AG] (Agricultural) district and for agricultural uses in any district and to repair existing barbed wire fencing, barbed wire fencing is prohibited in residential districts.
B.
Maximum height.
1.
Front street yard, non-view fence (residential uses): three (3) feet.
2.
Front street yard, view fence (residential uses): four (4) feet.
3.
Side and rear yards, all fence types (residential uses): six (6) feet.
4.
Front street yard, all fence types (nonresidential uses): four (4) feet.
5.
Side and rear yards, all fence types (nonresidential uses): six (6) feet.
6.
All yards, (light industrial and industrial uses): ten (10) feet. Fences over eight (8) feet shall be engineered.
D.
Gates.
1.
At least one gate opening is required to be constructed in the front or side yard fence and shall be at least three (3) feet in width to allow for passage of emergency personnel and equipment.
2.
An outward swinging front yard gate shall not lock in place if it extends across the property line or into public right-of-way.
(Ordinance 09-O-02 adopted 1/28/2009; Ordinance 2022-O-12.14-06 adopted 12/14/2022)
§ 6.09 Design of Improvements.
A.
Design of improvements shall conform to the standards and specifications of the City of Round Rock Design and Construction Standards, as amended.
B.
The City may adopt by ordinance or resolution local amendments to the City of Round Rock Design and Construction Standards.
(Ordinance 09-O-02 adopted 1/28/2009; Ordinance 20-O-58 adopted 9/28/2020)
§ 6.10 General Access, Circulation and Parking Standards.
6.10.01
Purpose.
The purpose of this Section is to require that the parking and circulation aspects of all developments are well-designed with regard to safety, efficiency and convenience for vehicles, bicycles, and pedestrians, both within the development and to and from surrounding areas.
6.10.02
Consistency with the Transportation Plan.
All new roadways shall be built in accordance with any the Transportation Plan Element of the City of Liberty Hill Comprehensive Plan, the City’s thoroughfare plan as may be adopted by the City Council, and any TxDot standards that may apply.
6.10.03
Safety Considerations.
Pedestrian Separation. To the maximum extent feasible, pedestrians shall be separated from vehicles and bicycles. Where complete separation of pedestrians and vehicles and bicycles is not possible, potential hazards shall be minimized by the use of techniques such as special paving, grade separations, pavement marking, signs or striping, bollards, median refuge areas, traffic calming features, landscaping, lighting or other means to clearly delineate pedestrian areas, for both day and night use.
6.10.04
Added Width for Bicycles.
Where pedestrians and bicyclists share walkways, the pedestrian/bicycle system shall be designed to be wide enough to easily accommodate the amount of anticipated pedestrian and bicycle traffic volumes. A minimum width of six (6) and maximum width of twelve (12) feet shall be required for all walkways and sidewalks which require shared use by pedestrians and bicyclists.
6.10.05
Curb Cuts and Ramps.
Curb cuts and ramps shall be located at convenient, safe locations for the physically disabled, for bicyclists and for pedestrians pushing strollers or carts. The location and design of curb cuts and ramps shall meet the requirements of the Uniform Building Code and the Americans with Disabilities Act ramp standards and shall avoid crossing or funneling traffic through loading areas, drive-in lanes and outdoor trash storage/collection areas.
6.10.06
Corner Lot View Lines.
On a corner lot in any district, nothing shall be erected, placed, or planted or allowed to grow in such a manner so as to materially impair vehicle drivers’ vision at intersections, within a triangle defined by the property lines and a line joining two points located twenty-five (25) feet back from the property lines intersection; except that fences, walls, and/or hedges may be permitted provided that such fences, walls, and/or hedges do not impair vision from three (3) feet to six (6) feet above the curbline elevation.
6.10.07
Applicability.
A.
New Development.
The off-street parking and loading standards of this section apply to any new building constructed and to any new use established.
B.
Expansions and Alterations.
The off-street parking and loading standards of this section apply when an existing structure or use is expanded or enlarged. Additional off-street parking and loading spaces will be required to serve the entire building or use. The number of off-street parking and loading spaces provided for the entire use (preexisting + expansion) shall equal at least one hundred percent (100%) of the minimum requirement established in the off-street parking requirements table of this section.
C.
Administrative Modification.
At the request of the applicant, the City Manager or their designee may grant a reduction of the requirements by up to ten percent (10%).
6.10.08
Off-Street Parking Requirements.
The following table lists minimum off-street parking requirements by land use category:
Off-Street Parking Requirements | ||
|---|---|---|
Use | General Requirement | Additional Notes |
Residential Uses | ||
Single-Family: SF1, SF2, SF3, TF (Duplex) | 3 spaces per dwelling unit; a minimum of 2 spaces shall be garage enclosed. | |
Multifamily: MF1, MF2 | 1 per bedroom 5 percent of total number of required spaces required for additional parking. | |
Group home, six or fewer persons | 0.5 per dwelling unit | |
Assisted living | 0.5 per dwelling unit | Variations to this standard may be considered by the City Manager or designee to reflect the mobility needs of the targeted population of a specific development. |
Senior housing, attached (independent living) | 1 per dwelling unit | |
Public and Civic Uses | ||
Community Service | 1 per 250 ft. GFA | |
Day care, in-home six or fewer children | None | Parking requirement is accomplished with the Single-Family: SF1, SF2, SF3, TF (Duplex) requirements. |
Day Care | 3.5 per 1,000 ft. GFA | Vehicle stacking spaces included in any student drop-off area may qualify as permitted parking spaces provided the drop-off area meets the specifications described in Section 6.10.18(E), below. |
Elementary and Middle Schools | 2 per classroom | |
High Schools | 10 per classroom | |
All other Educational Facilities, including higher education | A parking study shall be required to determine the required number of parking spaces. | |
Government Facilities | 1 per 250 ft. GFA | |
Hospitals | 4 per patient bed | |
Institutions | 1 per 250 ft. GFA | |
Community Parks | Varies | Parking requirement based on uses in park; must be reviewed and approved by City Manager or designee |
Amenity Centers | 1 per 250 ft. GFA | |
Parks (community, linear/linkage, neighborhood, regional/metropolitan); Parks and Recreation facilities; Golf Courses, Country Clubs, Cemeteries | Varies | Parking requirement based on uses in each park/club; must be reviewed and approved by City Manager or designee |
Funeral Home | 1 per 100 ft. GFA Minimum of 20 spaces | |
Park and Ride Facility | Varies | Parking requirement based on types of facility; must be reviewed and approved by City Manager or designee |
All other Passenger Terminals | 2 per 250 ft. GFA | |
Place of Worship | 1 per 3 seats | An Accessory Use within the place of worship may utilize the required spaces as shared parking to meet its own requirement. |
Wireless Transmission Facilities | None | |
Major Utilities | 1 per facility; 1 additional per 250 ft. GFA | |
Intermediate Utilities | None | |
Minor Utilities | None | |
Commercial Uses | ||
Restaurants/bars | 1 per 150 ft. GFA; and 1 per 200 square ft. of outdoor seating areas | |
Outdoor entertainment facilities | Stadium: 1 per 4 people based on maximum seating capacity Amusement park/Miniature golf course: 1 space for each 200 ft. GFA of enclosed building space devoted to customer service and administration, plus 1 space for every 3 people that the outdoor facilities are designed to accommodate at maximum capacity | |
Indoor entertainment activities | 1 per 250 ft. GFA; or 1 per 4 seats for theaters. 1 additional per 500 ft. GFA up to 50,000 ft. GFA; 1 per 1,000 ft. thereafter, excluding theaters | |
Event center | 1 space per four occupants based on maximum occupancy | |
Office | 1 per 250 ft. GFA | |
Medical Office Building | 1 per 200 ft. GFA | |
Animal hospital/veterinary clinic | 1 per 200 ft. GFA | |
Call Center | 8 per 1,000 ft. GFA | |
Bed and Breakfast | 1 per bedroom | |
Hotel/Motel/Lodging | 1 per bedroom; and 1 per 150 ft. of conference space over 2,000 ft. GFA | |
Shopping Centers (mixture of uses) > 100,000 sq. ft. | 1 per 250 ft. GFA | |
All other Retail Sales and Service | 1 per 250 ft. GFA | |
Self-Service Storage | 1 space per 50 storage units | |
Car wash | 1 per facility | Shall meet off-street stacking space requirements from Section 6.10.20 Vehicle stacking areas |
Auto repair, service, and body shop facilities | 1 per 250 ft. GFA | Shall meet off-street stacking space requirements from Section 6.10.20 Vehicle stacking areas |
Auto repair, service, and body shop facilities | 1 per 250 ft. GFA | Shall meet off-street stacking space requirements from Section 6.10.20 Vehicle stacking areas |
Auto sales, rental or leasing facilities | 1 per 500 ft. GFA indoor facility; and 1 additional per 1,000 ft. GFA outdoor lot area | |
Industrial Uses | ||
Light Industrial Service, Manufacturing and Assembly | 1 per 500 ft. GFA indoor facility; and 1 per additional 1,000 ft. GFA outdoor facility; and 1 per 2,500 ft. indoor storage area | |
Warehouse and Freight Movement | 1 per 500 ft. GFA indoor facility; and 1 per additional 1,000 ft. GFA outdoor facility; and 1 per 2,500 ft. indoor storage area | |
Mineral Extraction | 1 per 250 ft. GFA indoor facility | |
Waste-Related Service | 1 per 250 ft. GFA; and 1 per additional 1,000 ft. GFA outdoor facility; 1 per 2,500 ft. indoor storage area | |
Wholesale Trade | 1 per 300 ft. GFA indoor facility; and 1 per additional 1,000 ft. GFA outdoor facility; and 1 per 2,500 ft. indoor storage area | |
Heavy Equipment Sales and Leasing | 1 per 250 ft. GFA; and 1 additional per 500 ft. GFA up to 50,000 ft. GFA | |
Office/Warehouse | 1 per 500 ft. GFA | |
6.10.09
Single-Family Residential Parking Criteria.
A.
Driveway Maintenance.
Improved driveways and improved surfaces shall be maintained in good and safe condition, free of holes, cracks, spoiling or other failures that may affect the use, drainage or longevity of the material. This shall not prohibit the use of approved surfaces specifically designed to include an alternative component, for example, grass or sand between paving stones.
B.
Street Yard Coverage.
For non-corner residential lots, no combination of improved driveways and/or improved surfaces shall cover more than fifty percent (50%) of the street yard, as defined in Section 6.08.03. For corner residential lots, no combination of improved driveways and/or improved surfaces shall cover more than twenty-five percent (25%) of the street yard. The regulations of this subsection shall not affect or prohibit the construction of the minimum driveway.
6.10.10
Unimproved Driveways and Unimproved Parking Areas; Nonconforming Use.
A.
An unimproved driveway and an unimproved parking area, which are located in a street yard or a side yard shall be considered as nonconforming uses. Specifically, such unimproved driveway or unimproved parking area shall not be extended or expanded, nor changed except to an improved driveway, an improved surface used for parking, or an unimproved surface.
B.
If the building or structure that is served by the unimproved driveway is damaged or destroyed to an extent greater than fifty percent (50%) of its fair market value (as determined by the most recent appraised value of the appraisal district in which the building or structure is located), and if such building or structure is repaired or replaced, the unimproved driveway shall no longer be permitted, and all off-street parking shall be required to be on an improved driveway.
C.
If the building or structure that is served by the unimproved driveway is increased by twenty-five percent (25%) or more in the square footage, the unimproved driveway shall no longer be permitted, and all off-street parking shall be required to be on an improved driveway.
6.10.11
Alternative Parking Plan and Shared Parking.
A.
Alternative Parking Plan.
An alternative parking plan may be approved by the City Manager or designee for specific developments that are deemed to require a different amount of parking than the standards shown in the off-street parking requirements table. The City Manager or designee shall establish conditions necessary to ensure the adequacy of future on-site parking when approving an alternate parking plan.
Any alternative standard shall meet the criteria below:
1.
The use of the building is specific and occupied by a single user.
2.
The applicant provides a detailed breakdown of their parking demand indicating employee counts, shift distribution and visitor or customer needs.
3.
The applicant provides a site plan showing how additional parking to meet standard requirements would be provided if the use changed or parking needs increase.
B.
Shared Parking.
Required parking for one use may satisfy the requirements for another use if the nonresidential uses have different peak hour parking needs and the following:
1.
The following documentation shall be submitted to the city as part of the review process if requesting shared parking:
a.
The names and addresses of the uses and the owners or tenants that are sharing the parking;
b.
The location and number of parking spaces that are being shared;
c.
An analysis showing that the peak parking demands for the different uses occur at different times and that the parking area will supply at least the minimum number of required spaces for each use during its respective peak parking time;
d.
A legal instrument such as an easement that guarantees access to the joint parking for all uses;
e.
A shared parking agreement executed by all the users and the owner of the property proposed to be used for parking; and
f.
The agreement shall be notarized and recorded, with a provision that the consent of the city must be obtained for termination of the agreement.
2.
In the event of the termination of an existing shared parking agreement, a new shared parking agreement shall be executed within sixty (60) days prior to termination. If a new shared parking agreement is not executed, then documentation shall be submitted to the City Manager or designee supporting that the uses on all affected properties meet their respective parking requirements. This process of amending a shared parking agreement applies to all existing parking agreements impacted by sale, change of use, or expansions on any affected property.
6.10.12
Alternative Agreements.
In limited cases, off-site parking agreements, and reciprocal access and parking agreements may be approved by the City Manager or designee.
6.10.13
Downtown Off-Street Parking Requirements.
A.
The property owners of all properties located within the downtown area and are adjacent to streets with rights-of-way, sixty (60) feet wide or greater, shall be permitted to utilize rights-of-way for on-street parking spaces to meet the city’s parking requirements.
B.
In order to utilize the rights-of-way for parking spaces as provided above, all of the following conditions shall be met:
1.
The property owner shall maintain the on-street parking area, including, but not limited to, landscaping, pavement repair, drainage and striping.
2.
For each ten (10) on-street parking spaces or fraction thereof, the property owner shall provide one landscaped island nine (9) feet by eighteen (18) feet as determined by the City Manager or designee.
3.
The property owner shall submit to the city a site plan depicting the on-street parking spaces, the required landscaped islands, for the review and approval of the City Manager or designee and the City Engineer prior to construction of any on-street parking spaces.
4.
The City Engineer shall determine that the use of on-street parking will not adversely affect drainage within the area.
5.
No on-street parking shall be located within forty (40) feet of any curb corner.
6.
No on-street parking shall be located along Ranch Road 1869.
6.10.14
Rules For Computing Requirements.
The following rules apply when computing off-street parking and loading requirements:
A.
Multiple uses.
Lots containing more than one use shall provide parking and loading in an amount equal to the total of the requirements for all uses.
B.
Fractions.
When measurements of the number of required spaces result in a fractional number, any fraction of one-half or less will be rounded down to the next lower whole number and any fraction of more than one-half will be rounded up to the next higher whole number.
C.
Area measurements.
Unless otherwise expressly stated, all square-footage-based parking and loading standards shall be computed on the basis of gross floor area.
D.
Occupancy-based standards.
For the purpose of computing parking requirements based on employees, residents or occupants, calculations shall be based on the largest number of persons working on any single shift, the maximum enrollment or the maximum firerated capacity, whichever is applicable and whichever results in the greater number of spaces.
E.
Unlisted uses.
Upon receiving a development application for a use not specifically listed in the off-street parking requirements table, the City Manager or designee shall apply the off-street parking standard specified for the listed use that is deemed most similar to the proposed use or require a parking study in accordance with an alternative parking plan.
6.10.15
Parking Space and Parking Lot Design.
Except where an alternative parking plan has been approved by the City Manager or designee, all required off-street parking spaces shall be located on the same lot as the principal use.
A.
Parking space dimensions.
Required off-street parking spaces shall have minimum dimensions of ten (10) feet in width by 18 feet in length. Parallel parking spaces shall have minimum dimensions of eight and a half (8.5) feet in width by twenty-two (22) feet in length.
B.
Aisle widths.
Drive aisle widths adjoining off-street parking spaces shall comply with the following standards:
Minimum Width for Specified Parking | |||
|---|---|---|---|
90 degrees | 75 degrees | 60 degrees | 45 degrees or less |
24 ft. | 23 ft. | 16 ft. | 12.5 ft. |
Note: Two-way aisles shall always require a minimum width of 24 feet.
6.10.16
Markings.
A.
Each required off-street parking space and off-street parking area shall be identified by surface markings at least four (4) inches in width. Markings shall be visible at all times. Such markings shall be arranged to provide for orderly and safe loading, unloading, parking and storage of vehicles.
B.
One-way and two-way accesses into required parking facilities shall be identified by directional arrows.
6.10.17
Surfacing and Maintenance.
A.
All off-street drive aisles and internal roadways for all uses shall be of an all-weather geotechnically engineered surface to meet a loading requirement of seventy-five thousand (75,000) pounds;
B.
All off-street parking areas, drive aisles, internal roadways, and loading areas shall be kept clear of dirt, refuse, and debris at all times; and
C.
All off-street parking areas, drive aisles, internal roadways, and loading areas shall be maintained in accordance with the most recently adopted International Property Maintenance Code.
6.10.18
Access and Circulation.
A.
Required off-street parking spaces shall not have direct access to a street or highway. Access to required parking spaces shall be provided by on-site driveways. Off-street parking spaces shall be accessible without backing into or otherwise reentering a public right-of-way.
B.
Site plans for retail developments greater than a cumulative 50,000 gross square feet shall designate a primary vehicle circulation route entering and exiting the development.
C.
Landscape median islands or end islands, as described in Section 6.06.09, shall be immediately adjacent to the primary vehicle circulation route for the entire length of the route (excluding pedestrian access and the face of primary buildings).
D.
Parking is prohibited along primary vehicle circulation routes in order to prevent overflow stacking onto rights-of-way and primary circulation routes. Parking is prohibited adjacent to the entire elevation of a building which includes the primary pedestrian access to cause internal circulation conflicts.
E.
Day care facilities which incorporate a drop-off area must designate said area on the site plan. The drop-off area shall be separated from all internal drive aisles by a physical barrier such as a median, curbing, a building or other similar site improvements, and shall not impede on- or off-site traffic movements including access for emergency vehicles. Each stacking space shall be a minimum of ten (10) feet by twenty (20) feet. Stacking spaces shall qualify toward the minimum parking requirement.
F.
Tandem parking.
Tandem parking in the multifamily or senior zoning districts shall be permitted only when it is located in front of a garage, which is attached to a dwelling unit and the tandem space is assigned only to the dwelling unit to which the garage is attached.
G.
To the maximum extent feasible, pedestrians and vehicles shall be separated through provision of a separate sidewalk or walkway for pedestrians. Where complete separation of pedestrian and vehicles is not feasible, potential hazards shall be minimized by using landscaping, bollards, special paving, lighting and other similar means to clearly delineate pedestrian areas.
H.
Light fixtures provided for any off-street parking area shall be in conformance with Section 6.13, Outdoor Lighting.
I.
The City Manager or designee may require the provision of mutual access and/or cross-access easements for circulation control.
6.10.19
Use of Required Parking Spaces.
A.
Required off-street parking areas shall be used solely for the parking of licensed motor vehicles in operating condition. Required spaces may not be used for storage of trash dumpsters, the display of goods for sale or lease, for motor vehicle repair or service work of any kind, storage of vehicles, boats, motorhomes, campers, mobile homes, or building materials, or for display or storage of vehicles for lease, sale or rent.
B.
Recreational vehicles shall not be stored on any lot or street other than a residential lot of the owner or a site specifically designed and approved by the City Manager or designee to accommodate them. They shall be parked on an all-weather surface.
6.10.20
Vehicle Stacking Areas.
Minimum number of spaces. Off-street stacking spaces shall be provided as indicated in the following table:
Minimum Off-Street Stacking Spaces | ||
|---|---|---|
Activity Type | Minimum Spaces | Measured From |
Bank teller lane | 2 | Teller or window |
Automated teller machine lane | 2 | Automated Teller Machine |
Restaurant drive-through lane | 4 | Order box |
2 | Order box to pick-up window | |
Car wash stall | 3 | Entrance to wash bay |
Gasoline pump island | 2 | Pump island |
Pharmacy drive-through lane | 2 | Service window |
Dry Cleaner drive-through lane | 2 | Service window |
Schools | Determined by City Manager or designee | |
Other | Determined by City Manager or designee | |
A.
Design and layout.
Required stacking spaces are subject to the following design and layout standards:
(Ordinance 09-O-02 adopted 1/28/2009; Ordinance 2022-O-12.14-04 adopted 12/14/2022)
§ 6.11 Assessment and Improvement of Transportation Network.
6.11.01
Purpose and General Policy.
The purpose of this section is to require that development within the Liberty Hill jurisdictional area is supported by an adequate roadway network, including collector-level and higher capacity streets, as may be necessary to accommodate the continuing growth and development of the City and its jurisdictional area. Acquisition of new rights-of-way for off-site, abutting and internal streets to support new development is necessary and desirable. The city requires that: (1) development impacts are mitigated through contributions of street rights-of-way and/or improvements to existing and new roadways; or (2) new developments contribute their fair share of the costs of needed transportation improvements.
6.11.02
Proportionality of Requirement.
There must be a rough proportionality between the traffic impacts created by a new development and requirements placed on the property owner or applicant for new development to dedicate and improve off-site, abutting and internal street rights-of-way to City standards. The City desires to assure both that development impacts are mitigated through contributions of street rights-of-way and transportation system improvements and that new development contribute their fair share of the costs of transportation improvements. It is the City’s intent to institute a procedure to assure that mandatory dedications of street rights-of-way and street construction requirements are proportional to the traffic demands created by a new development.
6.11.03
Administration.
A.
The City Administrator or his designee shall be the primary point of contact with the landowner or developer or his agents and has considerable authority and responsibility for administering the provisions of this section of the Code. However, all final decisions concerning participation in costs and completion of improvements that may be specified in a Traffic Impact Analysis (TIA), capital improvements plan, or mitigation plan as required in this section shall be made by the City Council.
B.
The Planning and Zoning Commission shall have the authority to determine if a TIA should be required in cases where existing conditions warrant a TIA or when needed to address public concerns expressed in a public meeting.
6.11.04
Applicability.
The requirement for assessment of and improvements to the transportation network applies to existing and future transportation networks associated with land development activities, within the City limits and within the City’s extraterritorial jurisdiction. Any application for subdivision approval or subdivision improvements, zoning or zoning change, or site development in accordance with this Code must comply with these standards. The City Engineer may at his professional discretion (and approval by City Council) issue a waiver to this requirement.
6.11.05
Threshold of Requirement.
A.
The threshold requirement for a Traffic Impact Analysis (TIA) shall be a development that would result in trip generation of more than an average of one thousand (1,000) trips per day based upon the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. If the proposed development does not exceed the threshold, a TIA waiver shall be noted on the TIA Determination Worksheet. If the TIA threshold is exceeded, the applicant shall be advised on the TIA Determination Worksheet and referred to the City Manager or his designee for consultation concerning the preparation of a TIA.
TIAs shall be required if the threshold is met for an individual project or projects on abutting parcels under common ownership or a common plan of development. Where property is part of a common plan of development or common ownership, the completed TIA shall incorporate any existing, approved TIAs within the common plan area. The Planning and Zoning Commission by a majority vote shall have the authority to require a TIA where existing conditions would warrant a TIA or when needed to address public concerns expressed in a public meeting.
A TIA scoping meeting with City staff, as well as TxDOT or Williamson County if required, shall be required prior to initiation of the traffic study.
B.
The threshold requirement for a TIA for properties located in the downtown area, bounded by the approved Downtown Map, shall be a development that would result in a trip generation of more than an average of five hundred (500) trips per day based upon the latest edition of the ITE Trip Generation Manual.
C.
A Neighborhood Traffic Analysis (NTA) shall be required for developments taking access from residential public streets that would result in a trip generation of more than an average of five hundred (500) trips per day, on any combination of streets, based upon the latest edition of the ITE Trip Generation Manual or if the application is for a public or private primary, intermediate, or secondary educational facility. If the development is related to the construction of new campus or facility, or the updating of existing public or private primary, intermediate, or secondary educational facilities and the expected increase in student population is expected to be fifteen percent (15%) or more of the current student population on said campus or facility, it is assumed that the development will result in a trip generation on [of] more than an average of five hundred (500) trips and a TIA is required.
6.11.06
Traffic Impact Analysis.
When a TIA is required, the type and scope of the study shall be determined during a scoping meeting with the City Manager or his designee. The scoping meeting may occur during any required preapplication conference, but may also be scheduled after an initial preapplication meeting. No application requiring a TIA may be made until the scope of the required study has been determined. The City Manager or his designee may involve representatives of or request assessments from other agencies and departments and consultants. The TIA will follow the criteria outlined in the City of Round Rock Transportation Criteria Manual, Section 2, as amended.
6.11.07
Dedication and Improvement of Internal and Adjacent Thoroughfares.
For thoroughfares that currently are or will in the future be located alongside a property boundary, the property owner shall dedicate and improve, as a minimum, one-half of the right-of-way necessary to meet the specification of future thoroughfares contained in the Comprehensive Plan or the City or County Thoroughfare Plan as adopted or amended by the City Council from time to time. The City may require additional land and improvements for rights-of-way for adjacent thoroughfares where necessary to achieve adequacy of the road network and where such additional land and improvements are proportional to the traffic impacts generated by the proposed development, depending on factors such as the impact of the development on the thoroughfare, the timing of development in relation to need for the thoroughfare, and the likelihood that adjoining property will develop in a timely manner. In the case of adjacent frontage or service roads for state and federally designated highways, the property owner shall dedicate sufficient right-of-way and make authorized improvements in order to provide an adequate road network to serve the development.
6.11.08
Substandard Street Improvements.
Where an existing thoroughfare that does not meet the City’s right-of-way or design standards abuts a proposed new development, the City may require the property owner to dedicate the right-of-way for a standard thoroughfare width, and to improve the street according to the dimensions and specifications in this Code, depending on factors such as the impact of the development on the thoroughfare, the timing of development in relation to need for the thoroughfare, and the likelihood that adjoining property will develop in a timely manner.
6.11.09
Capital Improvements Plan for Roads.
A road improvement may be considered adequate for an application if the City Manager determines that the required improvement is included, funded, and approved in the City’s, County’s or State’s capital improvements plan for roads, provided that the applicant agrees to phase development to conform to the date of completion of such scheduled improvement. This section shall not be construed to prevent the City from requiring dedication of rights-of-way for such roads, or from assigning trips to such roads in a TIA in order to determine a development project’s proportionate costs of improvements.
6.11.10
Participation in Costs and Completion of Improvements.
The City may participate in the costs of improvements required by this section in order to achieve proportionality between the traffic impacts created by the proposed development and the obligation to provide adequate roadways. In such cases, the property owner shall be responsible for the entire initial costs of road improvements, including design costs. Reimbursement of the City’s agreed share of the costs shall be made as funds become available. The construction of improvements and the provisions for participation in costs by the City shall be included in a subdivision improvement agreement.
During the course of providing for improvements, the City shall cooperate with the developer in the use of its governmental powers to assist in the timely and cost effective implementation of improvements. Assistance shall not mean financial aid in actual easement acquisition, construction or engineering costs.
6.11.11
Deferral of Obligation.
Upon request of the applicant or property owner, the obligation to dedicate or improve thoroughfare rights-of-way or to make intersection improvements imposed on an application may be deferred to a later stage of the development process. As a condition of deferring the obligation to dedicate rights-of-way for or to improve thoroughfares, which deferral shall be in the sole discretion of the City, the City shall require the developer to execute a subdivision or site development improvement agreement specifying the amount and timing of the rights-of-way dedication or improvements to thoroughfares, including the posting or depositing of a letter of credit or other fiscal surety, in a form and under terms acceptable to the City, in advance of approval of the development application.
6.11.12
Cash Contributions.
In lieu of the obligation to dedicate or improve thoroughfares or make traffic-control improvements or post fiscal surety for subsequent construction to achieve road adequacy, the applicant may propose to make equivalent cash contributions based upon the development project’s proportionate share of the costs of improvements, which the City in its sole discretion may accept in satisfaction of road adequacy standards in this section. Any funds accepted by the City shall be earmarked for construction of the improvements for which the contribution was made.
6.11.13
Options.
Whenever the proposed development’s share of the costs of a thoroughfare or traffic-control improvement needed to mitigate traffic generated by the development is less than one hundred percent (100%), the City in its sole discretion may do the following:
6.11.14
Advance Funding.
If the landowners determine to either fund in advance or fund more than their pro-rata share, the City shall credit the developer’s future fiscal posting. For those contributions and improvements beyond the developer’s pro-rata participation, the City may either credit the developer’s future fiscal posting or reimburse the developer out of City funds or funds allocated from other area landowners’ contributions for those specific improvements.
(Ordinance 09-O-02 adopted 1/28/2009; Ordinance 23-O-016 adopted 5/10/2023; Ordinance 2023-O-032 adopted 8/23/2023)
§ 6.12 Sign Regulations.
6.12.01
Purpose.
The purposes of regulating the placement and specifications of signs within the City's jurisdictional area are as follows:
A.
To promote and protect the safety of persons and property by assuring that signs do not create traffic hazards or impair motorist's ability to see pedestrians, other vehicles, obstacles or read traffic signs;
B.
To promote the aesthetics, safety, health, morals and general welfare, and the assurance of protection of adequate light and air by regulation of the position, displaying, erection, use and maintenance of signs;
C.
To promote the efficient transfer of general public and commercial information through the use of signs;
D.
To enhance the overall appearance and economic value of the landscape, and preserve the unique natural environment that distinguishes the City and surrounding area.
6.12.02
Applicability-Effect.
A.
A sign may be erected, placed, established, painted, created, or maintained in the City only in conformance with the standards, procedures, exemptions, and other requirements of the this Section.
B.
The effect of this Section as more specifically set forth herein, is:
1.
To establish a permit system to allow a variety of types of signs in commercial and industrial zones and a limited variety of signs in other zones, subject to the standards and the permit procedures of this Section;
2.
To allow certain signs that are small, unobtrusive, and incidental to the principal use of the respective Lots on which they are located, subject to the substantive requirements of this Section, but without requirements for permits;
3.
To provide for Temporary Signs without Commercial Messages in limited circumstances;
4.
To prohibit all signs not expressly permitted by this Section; and
5.
To provide for the enforcement of the provisions of this Section.
6.12.03
Definitions and Interpretation.
Words and phrases used in this Section shall have the meanings set forth in the Reference section of this Code. Principles for computing sign area and sign height are contained in Section 6.12.04 below. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.
6.12.04
Computation.
A.
Computation of Area of Individual Signs.
The area of a sign face (which is also the sign area of a Wall Sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof, that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets Code regulations and is clearly incidental to the display itself.
B.
Computation of Area of Multifaceted Signs.
The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back-to-back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces.
C.
Computation of Height.
The height of a sign shall be computed as the distance from the ground to the top of the highest attached component of the sign. Normal grade shall be construed to be the (1) existing grade prior to construction (2) the newly established grade after construction, or (3) the crown of the adjacent roadway.
D.
Computation of Maximum Total Permitted Sign Area for a Zone Lot.
The permitted sum of the area of all individual signs on a Zone Lot shall be computed by applying the formula contained in Table 6-3, "Maximum Total Sign Area per Zone Lot by Zoning District," to the Lot frontage, building frontage, or wall area, as appropriate, for the zoning district in which the Lot is located. Lots fronting on two or more Streets are allowed the permitted sign area for each Street Frontage, with signs facing a maximum of two Streets. However, the total sign area that is oriented toward a particular Street may not exceed the portion of the Lot's total sign allocation that is derived from the Lot, building, or wall area frontage on that Street.
6.12.05
Permitted and Prohibited Signs.
A.
Sign Permits.
Signs shall be allowed on private property in the City or its extraterritorial jurisdiction in accordance with, and only in accordance with, Table 6-2. "Permitted Signs by Type and Zoning District." If the letter "A" appears for a sign type in a column, such sign is allowed without prior permit approval in the zoning districts represented by that column. If the letter "P" appears for a sign type in a column, such sign is allowed only with prior permit approval in the zoning districts represented by that column. Special conditions may apply in some cases. If no letter appears for a sign type in a column, such sign is not allowed in the zoning districts represented by that column under any circumstances. The following zoning districts are identified for the purpose of these tables:
Table 6-2: Permitted Signs by Zoning District | |||||
|---|---|---|---|---|---|
Sign Type | AG | Residential | C-1, C-2 | C3 | Industrial |
Freestanding | |||||
Other | - | P | P | P | P |
Incidental | A | A | A | A | A |
Monument | - | - | P | P | P |
Pole or Pylon | - | - | - | - | - |
Building | |||||
Banner | - | - | P | P | P |
Building Marker | A | A | A | A | A |
Canopy | - | - | P | - | - |
Incidental | A | A | A | A | A |
Marquee | - | - | P | P | - |
Projecting | - | P | P | P | P |
Residential | P | P | P | - | - |
Roof | - | - | - | - | - |
Roof, Integral | - | - | - | P | P |
Street Address | A | A | A | A | A |
Suspended | - | - | A | A | A |
Temporary | A | A | P | P | P |
Wall | - | - | P | P | P |
Window | - | - | P | P | P |
Miscellaneous | |||||
Flag | A | A | A | A | A |
Portable | A | A | P | P | P |
*(A)Allowed without permit (P) Permit required (-) Prohibited |
B.
Although permitted under the previous paragraph, a sign designation by an "A" or "P" in Table 6-2 shall be allowed only if:
1.
The sum of the area of all building and Lots on the Zone Lot conforms to the maximum permitted sign area as determined by the formula for the zoning district in which the Lot is located.
2.
The size, location, and number of signs on the Lot conform to the requirements of Tables 6-2, 6-3, "Number, Dimensions, and Location of Individual Signs by Zoning District."
Table 6-3 Number, Dimensions, and Location of Individual Signs by Zoning District | |||||
|---|---|---|---|---|---|
Sign Type | Agricultural | Residential | C-1, C-2 | C-3 | Industrial |
Freestanding | |||||
Area (sq. ft.) sign face | 72 | 20 | 32 | 100 (Single-use tenant 200 (Multi-tenant) | 200 |
Height (feet) | 8 | 5 | 6 | 10 (Single-use tenant) 20 (Multi-tenant) | 25 |
Setback (feet) | 10 | 8 | 8 | 10 | 10 |
Number Permitted | |||||
Per Zone Lot | 1 | 1 (per street frontage) | 1 (per street frontage) | 1 (per street frontage) | N/A |
Per Feet of Street Frontage | N/A | N/A | N/A | 1 (per 200') | 1 (per 400') |
Building | |||||
Area (max. sq. ft.) | N/A | 2 | 30 (Wall) 15 (Projecting) | 45 (Wall) 16 (Projecting) | N/A |
Wall Area (percent) | N/A | N/A | 10 | 10 | 5 |
C.
Permits Required.
1.
If a sign requiring a permit under the provision of this Chapter is to be placed, constructed, erected, or modified on a lot either within the City limits or the City's extraterritorial jurisdiction, the owner of the Lot shall secure a sign permit prior to the construction, placement, erection, or modification of such a sign in accordance with the requirements of Section 6.12.05.F below.
2.
No signs shall be erected in the public right-of-way except in accordance with Section 6.12.05.J below.
3.
No sign permit of any kind shall be issued for an existing or proposed sign unless such sign is consistent with the requirements of this Section (including those protecting existing signs) in every respect and with the Master or Common Signage Plan in effect for the property, if applicable. If a permit is administratively denied the property owner may appeal to a committee composed of the Mayor, Mayor Pro Tem, and City Administrator.
4.
Monument signage in the C-1 and C-2 zoning districts shall require a masonry (brick/stone) base and may use stucco, masonry (brick/stone), or decorative metal border around the remaining sides of the sign that is compatible with the development.
5.
Monument sign structure and base shall be masonry (brick/stone) in the C-3 zoning district. The design and construction of monument signs shall be compatible with the architecture and style of the development of the project site. Monument signs in the C-3 zoning district shall contain a minimum one-foot masonry (brick/stone) border around all sides of the sign.
6.
The street address shall be included on the sign and be a minimum of 8 inches in height, decorative metal, and of contrasting color with the monument. Multi-tenant monument signs may include the name of the development as well as the address.
D.
Signs Exempt from Regulation.
1.
Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance;
2.
Temporary real estate signs not exceeding six square feet in area and three feet in height in residential zoning districts and not exceeding 64 square feet in area and 12 feet in height in other zoning districts that advertise the property on which the sign is located for sale or lease. These signs must be removed within seven days after the property is sold or leased;
3.
Works of art that do not include a Commercial Message;
4.
Holiday lights and decorations with no Commercial Message;
5.
Traffic-control signs on private property, such as stop, yield, and similar signs, the face of which meet Department of Transportation standards and that contain no Commercial Message of any sort;
6.
Temporary signs advertising a "garage sale" not exceeding six square feet in area. These signs may not be posted earlier than three days before and must be removed within one day after the sale;
7.
Temporary signs placed on construction sites to identify the contractor, engineer, architect, or developer not exceeding 64 square feet in area. These signs may not be erected prior to approval of a site plan and must be removed within seven days after the completion of the project;
8.
Permanent subdivision identification signs approved by the City Council as part of the platting process;
9.
Temporary signs for special events such as charitable, church, or community activities. These signs may not be posted earlier than three weeks before and must be removed within one day after the event;
10.
Model home signs not exceeding 32 square feet in area and 5 feet in height;
11.
No Trespassing, No Hunting, and No Fishing signs placed by the landowner;
12.
Temporary real estate signs (commonly referred to as "bandit" signs) are permitted Friday, Saturday, and Sunday only, and must be removed by Monday morning per TxDoT regulations.
E.
General Permits Procedures.
1.
Applications.
All applications for sign permits of any kind and for approval of Master or Common Signage Plan shall be submitted to the City Administrator.
2.
Fees.
Each application for a sign permit or for approval of a Master or Common Signage Plan shall be accompanied by the applicable fees, which shall be established by the City Council from time-to-time by resolution.
3.
Completeness.
Within five days of receiving an application for a sign permit or for a Master or Common Signage Plan, the City Administrator shall review it for completeness. If the City Administrator finds that it is complete, the application shall then be processed. If the City Administrator finds that it is incomplete, the City Administrator shall, within such five-day period, send to the applicant a notice of the specific ways in which the application is deficient with appropriate references to the applicable sections of the Chapter.
4.
Action on Permit.
Within seven days of the submission of a complete application for a sign permit, the City Administrator shall either:
a.
Issue the sign permit, if the sign(s) that is the object of the application conforms in every respect with the requirements of the Section and of the applicable Master or Common Signage Plan; or
b.
Reject the sign permit if the sign(s) that is the subject of the application fails in any way to conform the requirements of the Section and the applicable Master or Common Signage Plan. In case of a rejection, the City Administrator shall specify in the rejection the sections of the Chapter or applicable plan with which the signs(s) is inconsistent.
5.
Action on Plan.
On any application for approval of a Master or Common Signage Plan, the City Administrator shall either approve the proposed plan if the sign(s) as shown on the plan and the plan itself conforms in every respect with requirements of this Section, or reject the proposed plan if the sign(s) as shown on the plan or the plan itself fails in any way to conform with the requirements for the Section. In case of rejection, the city Administrator shall specify in the rejection the section of the Section with which the plan is inconsistent. The City Administrator shall take action on or before the applicable one of the following dates:
F.
Permits to construct or Modify Signs.
Signs identified as "P" on Table 6-2 shall be erected, installed, or created only in accordance with a duly issued and valid sign construction permit from the City Administrator. Such permits shall be issued only in accordance with the following requirements and procedures:
1.
Permit for New Sign or Sign Modification.
An application for construction, creation, or installation of a new sign or for modification of an existing sign shall be accompanied by detailed drawings to show the dimensions, design, structure, and locations of each particular sign, to the extent that such details are not contained on a Master or Common Signage Plan then in effect for the Zone Lot. One application and permit may include multiple signs on the same Zone Lot. Changing one panel on a multi-tenant sign is not considered a modification.
2.
Inspection.
The City Administrator shall cause an inspection of the Zone Lot for which each permit for a new sign or for modification of an existing sign is issued during the sixth month after the issuance of such permit or as such earlier date as the owner may request. If the construction is not substantially complete at the time of inspection, the permit shall lapse and become void. If the construction is complete and in full compliance with this Section and with the building, sign, and electrical codes, the City Administrator shall issue a Certificate of Sign Inspection. If the construction is substantially complete but not in full compliance with this Section and applicable codes, the City Administrator shall give the owner or applicant notice of the deficiencies and allow an additional 30 days from the date of inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the permit shall lapse. If the construction is then complete, the City Administrator shall issue a Certificate of Sign Inspection.
G.
Temporary Sign Permits (Private Property).
Temporary Signs on private property shall be allowed only upon the issuance of a Temporary Sign Permit, which shall be subject to the following requirements:
1.
Term.
A Temporary Sign Permit shall allow the use of a Temporary Sign for a specified 30-day period.
2.
Number.
Only one Temporary Sign permit shall be issued on the same Zone Lot during any consecutive 4-month period.
3.
Other Conditions.
A Temporary Sign shall be allowed only in districts with a letter "A" or "P" for "Temporary Signs" on Table 6-2 and subject to all of the requirements for Temporary Signs as noted therein.
H.
Signs Prohibited Under this Section.
All signs not expressly permitted under this Section or exempt from regulation hereunder in accordance with Section 6.12.05.C above are prohibited in the City or its extraterritorial jurisdiction. Such signs include, but are not limited to:
I.
Off-Premises Signs.
1.
Off-premises signs shall be considered as the one freestanding sign allowed under Table 6-3. Any existing or future building located on the lot shall not be allowed to erect or place another freestanding sign on the same lot with the off-premises sign.
2.
Off-premises signs shall not be placed on a platted lot that is less than fifty (50) feet in width, unless two (2) or more lots are combined to form a lot that is greater than fifty (50) feet in width.
J.
Signs in the Public Right-of-Way.
1.
No signs shall be allowed in the public right-of-way except for those specifically licensed or permitted by the City or the State to be there.
2.
Banners Hung Across Roadways.
a.
The responsible party must obtain a banner permit from TxDoT and provide the City Administrator with proof of the permit.
b.
The permit applicant must submit a sign permit application including the dates during which the banner is to be hung. A banner may be hung for no more than thirty (30) days.
c.
The sign permit application must be submitted to the City Administrator at least five (5) working days before, but no more than ninety (90) days before the date requested for the banner to be hung.
d.
Banners to be erected over streets shall be removed by the City or its designee.
e.
Once a banner has been removed, it must be picked up by the party responsible for it within ten (10) working days. If the responsible party fails to pick up a removed banner within the ten (10) days, the banner shall be deemed abandoned and the City Administrator shall dispose of it without accounting or liability to the owner for its damage or destruction.
3.
Other Signs Forfeited.
Any sign installed or placed on public property, except in conformance with the requirements of this Section, shall be forfeited to the public and subject to confiscation.
4.
In addition to other remedies hereunder, the City shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign.
K.
Vehicles used solely as Signs.
Signage is allowed on a truck, bus, car or other motorized vehicle provided all the following criteria are met:
1.
Primary purpose of such vehicle or equipment is not the display of signs;
2.
Signs are painted upon or attached directly to an integral part of the vehicle or equipment;
3.
Vehicle/equipment is in operation condition, currently registered and licensed to operate on public Streets when applicable, and actively used in the daily function of the business to which such signs relate;
4.
Vehicles and equipment are not used primarily as static displays advertising a product or service, not utilized as storage, shelter, or distribution points for commercial products or services for the general public.
L.
Political and Campaign Signs.
1.
Signs pertaining to candidates for public office, measures or issues on primary, general or special election ballots are permitted in all zoning districts.
2.
In Residential Districts on Lots smaller than one (1) acre, one (1) sign per Street Frontage for each candidate or measure not exceeding six (6) square feet in area and four feet (4) in height.
3.
In Residential Districts on Lots larger than one (1) acre and in all other zoning districts, one sign per Lot for each candidate or measure not exceeding thirty-two (32) square feet in area or eight (8) feet in height.
4.
Signs shall not be displayed earlier than ninety (90) days prior to an election and shall be removed within three (3) days following said election.
5.
Signs shall not be placed in any portion of the public right-of-way located between a Street or sidewalk and a property line fence (i.e. residential Lot backup to an arterial street).
6.
The person, party or parties responsible for the distribution and display of such signs shall be individually and jointly responsible for their removal.
M.
Design, Construction, and Maintenance.
All signs shall be designed, constructed, and maintained in accordance with the following standards:
1.
All signs shall comply with applicable provisions of the adopted versions of the Uniform Building Code and the National Electrical Code.
2.
Except for Banners, Flags, Temporary Signs, and Window Signs conforming in all respects with the requirements of this Section, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.
3.
All signs shall be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this code, at all times.
N.
Master or Common Signage Plan.
1.
Master Signage Plan.
Master Multi-Tenant Sign Plan: For any Multi-Tenant Center on which the owner proposed to erect one or more signs requiring a permit, the owner shall submit to the City Administrator, a Master Signage Plan containing the following:
a.
An accurate plot plan of the Lot(s) at such scale as the City Administrator may require;
b.
The location of buildings, parking lots, driveways, and landscaped areas on such lot;
c.
Computation of the maximum total sign area, the maximum area for individual signs, the height of signs and the number of Freestanding Signs allowed on the Lot under this Section;
d.
An accurate indication on the plan of the proposed location of each present and future sign of any type, whether requiring a permit or not, except that incidental Window Signs need not be shown;
e.
An accurate depiction of the sign structure and materials, specifying standards for consistency among all signs on the Lot(s) affected by the plan with regard to color scheme, lettering or graphic style, lighting, location of each sign on the buildings, materials, and sign proportions; and,
f.
If the signage in the plan meets the full intent of this Section, then a 20% increase in the maximum sign area shall be allowed for each sign.
2.
Multi-Lot Development.
A multi-lot development is one in which contains two or more contiguous and adjacent Lots (disregarding intervening Streets and alleys) that may or may not be under common ownership that contain more than one building (not including any accessory building). The owner(s) of such multi-Lot development may file a Master Signage Plan. For the purpose of this paragraph, if the signage in the plan meets the full intent of the Section, then a 200% increase in the maximum sign area shall be allowed for each sign.
3.
Common Signage Plan.
If the owner of two or more contiguous (disregarding intervening Streets and alleys) Zone Lots or the owner of a single Lot with more than one building (not including any accessory building) file with the City Administrator for such Zone Lots a Common Signage Plan conforming with the provisions of the Section, a 25 percent increase in the maximum total sign area shall be allowed for each included Zone Lot. This bonus shall be allocated within each zone as the owner(s) elects.
4.
Provisions for Common Signage Plan.
The Common Signage Plan shall contain all of the information required for a Master Signage Plan and shall also specify standards for consistency among all signs on the Zone Lots affected by the Plan with regard to:
5.
Limit on Number of Freestanding Signs under Common Signage Plan.
The Common Signage Plan, for all Zone Lots with Multiple uses or multiple users, shall limit the number of Freestanding Signs to a total of one for each Street on which the Zone Lots included in the plan have frontage and shall provide for shared or common usage of such signs. Lots with significant Street frontage may have one sign per 100 feet of frontage.
6.
General Provisions for Master or Common Signage Plans.
a.
Existing Signs Not Conforming to Common Signage Plan.
If any new or amended Common Signage Plan is filed for a property on which existing signs are located, it shall include a schedule for bringing into conformance within three years, all signs not conforming to the proposed amended plan or to the requirements of this Section in effect on the date of submission. Showing Window Signs on Master or Common Signage Plan. A master or Common Signage Plan including Window Signs may simply indicate the areas of the windows to be covered by Window Signs and the general type of the Window Signs (e.g., paper affixed to window, painted, etched on glass, or some other material hung inside window) and need not specify the exact dimension or nature of every Window Sign.
b.
Other Provisions of Master or Common Signs.
The Master or Common Signage Plan may contain such other restrictions as the owners of the Zone Lots may reasonably determine.
c.
Consent.
The Master or Common Signage Plan shall be established by all owners or their authorized agents in such form as the City Administrator requires.
7.
Procedures.
A Master or Common Signage Plan shall be included in any development plan, site plan, planned unit development plan, or other official plan required by the City for the proposed development and shall be processed simultaneously. Where no official plan is required by the City, the City Administrator may review the Master Signage Plan and approve it provided it meets the full intent and standards of this Section, may approve it with conditions; or may deny the plan.
8.
Amendment.
A Master or Common Signage Plan may be amended by filing a new Master or Common Signage Plan that conforms with all requirements of the ordinance then in effect.
9.
Binding Effect.
After approval of a Master or Common Signage Plan, no sign shall be erected, placed, painted, or maintained, except in conformance with such plan, and such plan may be enforced in the same way as any provision of the Section. In case of any conflict between the provisions of such a plan and any other provision of this Section, this Section shall control.
10.
Signage (to include but not limited to the name of the water corporation, logo of the water corporation, or selling of advertising rights to another party) on a water storage device, to include but not limited to elevated tanks and ground storage, constructed after adoption of this section.
6.12.06
Nonconforming Signs.
A.
This Section shall apply to all Nonconforming Signs. All Nonconforming Signs shall be brought into compliance with this chapter in accordance with the provisions of this Section.
B.
All Nonconforming Signs that were erected in violation of the ordinances of the City in existence at the time the sign was permitted or should have been permitted, and which violation was or has not been cured, shall, upon written notice, be required to be brought into compliance with this Section or removed within a reasonable time frame specified by the City Administrator, but not to exceed 30 days.
C.
Nonconforming Signs that do not comply with the City Construction Code shall be subject to enforcement under the Construction Code, as well as this Section. Repairs or modifications required under the City Construction Code shall not entitle the owner of the Nonconforming Sign to compensation under this Subchapter.
D.
All Nonconforming Signs shall be subject to the following provisions:
1.
Any Nonconforming Sign that has been destroyed or damaged to the extent that the cost of repairing the sign is more than 50 percent of the cost of erecting a new sign shall be removed or shall be brought into compliance with this Chapter within six months from receipt of an order from the City Administrator.
2.
No Nonconforming Sign shall be required to be relocated or removed unless such Nonconforming Sign is more than 50 percent destroyed or damaged as provided above.
3.
Existing on-premises advertising may be replaced with like size and structure, not to exceed the square footage and height of the original sign.
E.
Change of use.
Whenever a land use changes, any nonconforming sign must be modified or removed so as to be in full compliance with these sign regulations.
F.
Any water storage device existing at the date of this adoption would be nonconforming and would be precluded from restoring any type of signage upon repainting of the water storage device.
6.12.07
Abandoned signs and supporting structures.
A.
The owner of any premises on which there is displayed or maintained an abandoned sign or abandoned supporting structure shall comply with the following requirements:
1.
Any sign that is deemed dilapidated by the City Administrator on or before the adoption date of this Section, the owner shall remove the sign within 30 days after receiving written notice from the City Administrator or the adoption of this Section, whichever is later.
2.
Any sign that is deemed dilapidated by the City Administrator after the adoption date of this Section, the owner shall remove the sign within 30 days after receiving written notice from the City Administrator;
3.
If a supporting structure used or designed to be used with a sign is deemed dilapidated by the City Administrator on or before the adoption date of this Section, the owner shall remove the supporting structure within 30 days after receiving written notice from the City Administrator.
4.
If an abandoned supporting structure does not have a can, frame, or similar part of the supporting structure that would hold the sign or to which the sign would be attached, the supporting structure shall be removed or made to comply with the provisions of the [this] Section.
5.
No sign or supporting structure that is altered under the provisions of this section shall be made more nonconforming.
B.
Any dilapidated sign or dilapidated supporting structure not in compliance with this Section is an unlawful sign and may be removed by the City in compliance with Chapter 7 and the owner may be prosecuted or be enjoined from continuing such violation.
C.
If any sign, which conforms to the regulations of the Section, is abandoned, the owner, user, and Persons who benefit from the sign and the owner, operator, and tenants of the property on which the sign is located shall remove it, paint out or cover the message portion of the sign, put a blank face on the sign, or otherwise bring it into compliance with this Section so as to leave the message portion and supporting structure neat and unobtrusive in appearance, within 90 days after receiving written notice from the City Administrator.
D.
The following are required for the use, display, maintenance, or permitting of an alteration of any abandoned sign or supporting structure regardless of when the sign was abandoned.
1.
Like material. Only the same like, or better quality material as that being replaced shall be used as a face on or in the abandoned sign. The face of the supporting structure must be one that the supporting structure is designed to support.
2.
Routed, embossed, or raised messages or sign copy must not be visible to the ordinary observer, if the face or message is blanked.
3.
Covered Messages.
4.
Abandoned signs may be painted in order to "blank" the face. However, the paint must completely cover the sign face or message portion of the structure. The covered, painted over message must not show through the paint.
5.
Covered sign faces must be of a material or substance that renders the resulting sign face completely blank, opaque, and resistant to deterioration. It is a violation of the Chapter to allow a covered message to bleed or show through the paint or covering.
E.
No Person shall alter an abandoned sign or supporting structure without first obtaining a permit to do so from the City Administrator.
(Ordinance 09-O-02 adopted 1/28/2009; Ordinance 14-O-28 adopted 6/23/2014; Ordinance 19-O-14 adopted 6/25/2018; Ordinance 22-O-03.02-02 adopted 3/2/2022; Ordinance 2023-O-050 adopted 11/15/2023)
§ 6.13 Outdoor Lighting.
6.13.01
Title, Purpose and Scope.
(a)
This article shall be known and cited as the “Outdoor Lighting Ordinance.”
(b)
The purpose of this article is:
(1)
To reduce glare and improve nighttime visibility which contributes to safer, more secure, and attractive outdoor living spaces;
(2)
To encourage efficient, controlled lighting that conserves energy;
(3)
To make our community a better place to live and work and a more inviting place for tourist to visit;
(4)
To protect properties from light trespass;
(5)
To restore and preserve our heritage of a clear, dark night sky; and
(6)
To position the City to apply for the designation of International Dark Sky Community.
(7)
To have lights at night that are directed where light is wanted, are a warm color, and the appropriate amount of light.
(8)
To prevent light at night from being wasted off-site, off property, or into the night sky.
(c)
Scope.
(1)
This article shall apply within the City limits, hereinafter referred to as “City.”
(2)
Nothing herein shall be construed as preventing or limiting the City from applying this article within the surrounding areas where the City asserts powers of extraterritorial jurisdiction through agreements with property owners, or as a term affixed to a conditional approval in the case of a variance. A developer’s voluntary compliance is highly encouraged.
6.13.02 Adaptive controls Beam of a light fixture Correlated Color Temperature (CCT) Decorative holiday lighting Electronic Message Display Existing light fixtures Floodlight Fully Shielded Glare Greenhouse Illuminance Light pollution Light source Light trespass Lumen Lumens per Net Acre Luminaire Luminance Nit Outdoor Lighting Private lighting Public lighting Sag-lens or drop-lens fixture Searchlight Spotlight Temporary lighting Total outdoor light output
Definitions.
The following definitions are hereby adopted for the purposes of this article:
means mechanical or electronic devices, when used in the context of outdoor lighting systems, intended to actively regulate the switching, duration, and/or intensity of light emitted by the outdoor lighting system. Examples of adaptive controls include timers, dimmers and motion-sensing switches.
means the spatial distribution of the emitted light.
means a measure of the color properties of light emitted by lamps, being equal to the temperature, expressed in Kelvins (K). CCT values are typically provided on lighting manufacturer packaging or data sheets.
means low-intensity string lights, whose luminous output does not exceed fifty (50) lumens per linear foot, and fully-shielded floodlights, whose luminous output does not exceed one thousand (1,000) lumens and which are aimed and oriented in such a way as to not create light trespass onto another property nor into the night sky, operated for a limited number of days per calendar year.
means any illuminated sign of an informative or advertising nature, whether on- or off-premise, and operable at night, whose content is made visible to the viewer by means of luminous elements under active electronic control and therefore subject to alteration in order to vary the content of the message. Electronic displays may be either static or dynamic in terms of light color and intensity.
means those outdoor light fixtures already installed at the time this article is adopted.
means a light fixture having a wide beam.
means an outdoor luminaire constructed so that in its installed position, all of the light emitted from the light fixture is projected below the horizontal plane passing through the lowest light-emitting part of the fixture.
means visual discomfort or impairment caused by a bright source of light in a direction near one’s line of sight.
means any building that is constructed of glass, plastic, or other transparent material in which plants are grown under climate-controlled conditions and includes hoop houses and other similar structures.
means the intensity of light in a specified direction measured at a specific point.
means the unintended, adverse and/or obtrusive effect of the use of outdoor light at night.
means a light emitting portion of the luminaire and any diffusing elements and surfaces intended to reflect or refract light emitted from the lamp individually or collectively, for example, a lamp, bulb, lens, highly reflective surface, or frosted glass.
means light emitted from fixtures designed or installed in a manner that unreasonably causes light to fall on a property other than the one where the light is installed, in a motor vehicle drivers’ eyes, or upwards toward the sky. If the light appears star-like from another property or the public roadway, the light is creating light trespass. It is expected that the illumination produced by a light source may be viewed from other properties but the light source itself should not be visible from other properties. Exhibit 3 of Section 6.13.20 is a sample educational illustration about light trespass.
means the unit of measurement used to quantify the amount of light produced by a bulb or emitted from a light source. Lumen values are typically provided on lighting manufacturer packaging or data sheets. For the purposes of this article, unless otherwise stated, the lumen output values shall be the initial lumen output ratings as defined by the manufacturer, multiplied by the lamp efficiency. Lamp efficiency of 95% shall be used for all solid-state lamps and 80% for all other lamps, unless an alternate efficiency rating is supplied by the manufacturer.
means the total outdoor light output, as defined in this article, divided by the number of acres, or part of an acre with outdoor illumination. Undeveloped, non-illuminated portions of the property may not be included in the net acreage calculation.
means a complete lighting assembly or lighting fixture, consisting of a lamp, housing, optic(s), and other structural elements, but not including any mounting pole or surface.
is a measure of light emitted by or from a surface.
is the standard unit of measure of luminance used for internally illuminated signs, digital signs, or electronic message displays.
means temporary or permanent lighting that is installed, located, or used in such a manner to cause light rays to shine outdoors. Nonresidential fixtures that are installed indoors that cause light rays to shine outside are considered outdoor lighting for the intent of this article. See Exhibit 1 of Section 6.13.20 for an illustration of this type of situation. Residential fixtures installed indoors generating more than 3,800 lumens (approximately equal to a 300-watt incandescent bulb) that cause light to shine outside are also considered outdoor lighting for the intent of this article. All of the lighting that illuminates the translucent portion of a greenhouse or solarium, including roofing material, is considered outdoor lighting for the intent of this article.
means outdoor light fixtures that are owned or leased or operated or maintained or controlled by individual persons, including but not limited to families, partnerships, corporations, and other entities engaged in the conduct of business or other non-governmental activities.
means outdoor light fixtures that are owned or leased or operated or maintained or controlled by the City or other governmental entity or entities completely or partly funded by grants obtained by the City or its agents from federal, state or private sources. The light fixtures are normally located on, but are not limited to, streets, highways, alleys, easements, parking lots, parks, playing fields, schools, institutions of higher learning, and meeting places.
means a fixture, typically seen on older streetlights or parking lot lights, where the lens extends below the lowest opaque part of the fixture such that light is scattered above the horizontal plane.
means a light fixture having a narrow beam intended to be seen in the sky.
means a light fixture having a narrow beam.
means non-permanent lighting installations installed and operated for a duration not to exceed thirty (30) days.
means the total amount of light, measured in lumens, from all outdoor light fixtures within the illuminated area of a property. The lumen value to be used in the calculation is the lumen value as defined in this article. To compute the total, add the lumen outputs attributed to each light fixture together.
6.13.03
Nonconforming Existing Outdoor Light Fixtures.
(a)
All existing outdoor lighting that was legally installed before the enactment of this article, that does not conform with the standards specified by this article shall be considered nonconforming. Nonconforming outdoor lighting is allowed to remain until required to be replaced pursuant to the terms of this article.
(b)
If more than fifty percent (50%) of the total appraised value of a structure (as determined from the records of the county’s appraisal district), has been destroyed, the nonconforming status expires, and the structure’s previously nonconforming outdoor lighting must be removed and may only be replaced in conformity with the standards of this article.
(c)
Nonconforming outdoor lighting shall be brought into conformance with this article as follows:
(1)
Nonresidential Application.
All existing outdoor lighting located on a subject property that is part of an application for a rezoning application, conditional use permit, subdivision approval, or a building permit for a major addition is required to be brought into conformance with this article before final inspection, issuance of a certificate of occupancy, or final plat recordation, when applicable. For the following permits issued by the City, the applicant shall have a maximum of 90 days from date of permit issuance to bring the lighting into conformance: site development permit, sign permit for an externally or internally illuminated outdoor sign.
(2)
Residential addition or remodel.
Nothing herein shall be construed to terminate a residential property’s nonconforming status as a result of an addition or remodel. However, all outdoor residential lighting that is affixed to a construction project requiring a building permit is required to conform the standards established by this ordinance.
(3)
Abandonment of nonconforming [structure].
A nonconforming structure shall be deemed abandoned if the structure remains vacant for a continuous period of six (6) months. In that instance, the nonconforming status expires, and the structure’s previously nonconforming outdoor lighting must be removed and may only be replaced in conformity with the standards of this article.
(d)
It is unlawful to expand, repair or replace outdoor lighting that was previously nonconforming, but for which the prior nonconforming status has expired, been forfeited, or otherwise abandoned.
(e)
Outdoor lighting on any property that is not in conformance with this article shall be brought into conformance with this article within five (5) years from the date of adoption of this article. All new construction and/or new luminaires installed (including replacements for existing fixtures) shall comply after the adoption of this article.
(f)
Amortization Extension.
Residential property owners may request from the City an amortization extension of up to a maximum of ten (10) years from the date a nonconforming fixture was installed provided that the fixture was compliant with existing City ordinances at the time is was installed, and that date of installation can be substantiated via documents, date stamped photographs, etc. or, at the prerogative of the City Manager, corroborative written statements.
(1)
Amortization extensions to the date at which outdoor lighting shall conform with this article shall be on a per-fixture basis with the following requirements:
(i)
The light fixture must be documented to cost at least $100 when originally purchased;
(ii)
The fixture cannot be brought into compliance by changing the bulb or lighting element or installing shielding;
(iii)
If the bulbs or other lighting elements of the fixture require replacement during the amortization period, the replacement bulbs or lighting elements shall not be rated in excess of 2700 Kelvin.
6.13.04
General Provisions.
(a)
Shielding.
(1)
Unless exempted elsewhere in this article, all outdoor lighting shall be fully shielded.
(2)
New streetlights shall be fully shielded fixtures of approved historical design, utilizing a minimum output consistent with the safety of drivers and pedestrians.
(3)
Mounting height or topography or proximity to other properties may cause public or private outdoor light fixtures to require additional shielding to prevent glare or an unsafe condition on properties other than the one on which it is installed.
(4)
All of the lighting that illuminates the translucent portion of a greenhouse or solarium must be shielded so that no direct light shines outside of the structure and no more than 4% of the reflected or refracted illumination is allowed to escape outside the structure.
(5)
Outdoor light fixtures with a maximum output of 200 lumens per fixture, regardless of the number of bulbs, may be left unshielded provided the source of the light is not visible from any other property and the fixture conforms to all other stipulations of this article. The output from these fixtures shall not exceed 10% of the lumens per net acre allowed by this article.
(b)
Light Trespass.
(1)
Light trespass is prohibited. No luminaire installed within the City limits, except governmental owned streetlights, shall create conditions of light trespass. Governmental owned streetlights may only create light trespass below it within one hundred (100) feet of its installed location.
(2)
All outdoor lighting, except governmental owned streetlights, shall be shielded so that the light source shall not be visible from any other property.
(c)
Outdoor Sports Facilities.
(1)
Lighting at public and private outdoor sports facilities, including but not limited to playing fields, arenas, tracks, and swimming pools, will be shielded to the greatest practical extent to reduce glare, safety hazards, light trespass, and light pollution;
(2)
Will provide levels of illuminance that are adjustable according to task, allowing for illuminating levels not to exceed nationally recognized Illuminating Engineering Society of North America (IESNA) standards according to the appropriate class of play, as well as for lower output during other times, such as when field maintenance is being actively performed; and
(3)
Shall be provided exclusively for illumination of the surface of play and adjacent viewing stands, and not for any other application, such as lighting a parking lot; and
(4)
Must be extinguished by 11:00 p.m. or within one (1) hour of the end of active play. The outdoor sports facility lighting shall be fitted with mechanical or electronic timers to prevent lights from being left on accidentally overnight.
(5)
Outdoor sports facility lighting will be exempted from the other regulations of this article if its design and installation, as certified by a professional engineer (PE) licensed in the State of Texas, adheres to the version of the International Dark-Sky Association’s Criteria for Community-Friendly Outdoor Sports Lighting operative at the time when the construction permit is submitted to the City for review.
(d)
Towers.
No lighting of towers and associated facilities is allowed, except by permit, and except as required by the Federal Aviation Administration or other federal or state agency. In coordination with the applicable federal or state agency, the applicant shall determine the maximum height of the tower that would not require lighting. If a proposed tower would require lighting, the applicant shall demonstrate that a tower height that requires lighting is necessary. Such justification shall include documentation showing:
(1)
Coverage limitations;
(2)
Type of system (e.g., cellular, radio, television);
(3)
Technical and engineering details of the lighting to be installed; and
(4)
Requirements of federal, state, and local agencies.
If a tower height that requires lighting is justified, slowly blinking red lights must be used at night. White strobe lights at night are prohibited.
(f)
Service Station Canopies and other building overhangs.
All luminaires mounted on or recessed into the lower surface of service station canopies or other overhangs shall be fully shielded and utilize only flat lenses or windows. Shielding must be provided by the luminaire itself, and not by surrounding structures such as canopy edges. Light directed on service station pumps may be angled to illuminate the pump to the level of federal standards and to shield the light from normal view.
(g)
General curfew.
(1)
In all nonresidential zones,
(i)
All privately owned exterior lighting not adaptively controlled shall be extinguished by 11:00 p.m. or within one (1) hour of the end of normal business hours, whichever occurs later.
(ii)
Exterior lighting with adaptive controls shall reduce lighting to 25% or less of the total outdoor light output allowed by 11:00 p.m. or within one (1) hour of the end of normal business hours, whichever occurs later. Adaptive controls may be used to activate lights and resume normal light output when motion is detected and be reduced back to 25% or less of total outdoor light output allowed within 5 minutes after activation has ceased, and the light shall not be triggered by activity off property.
(iii)
Businesses whose normal operating hours are twenty-four (24) hours per day are exempt from this provision.
(2)
All publicly owned lighting not adaptively controlled must be fully extinguished by 11:00 p.m., or within one (1) hour of the end of occupancy of the structure or area to be lit, whichever is later.
(3)
All outdoor lighting is encouraged to be turned off when no one is present to use the light.
(h)
Lumen Caps.
The lumen per net acre values are an upper limit and not a design goal; design goals should be the lowest levels that meet the requirement of the task. Lumen per net acre values exclude governmental owned streetlights used for illumination of public rights-of-way and outdoor facilities.
(1)
Nonresidential Property.
Total outdoor light output installed on any nonresidential property shall not exceed 100,000 lumens per net acre in any contiguous illuminated area;
(2)
Residential Property.
Total outdoor light output installed on any residential property shall not exceed 25,000 lumens per net acre in any contiguous illuminated area.
(i)
Adaptive Controls.
All new publicly owned lights, including streetlights, will incorporate adaptive controls (e.g., timers, motion-sensors, and light-sensitive switches) to actively regulate the emission of light from light fixtures such that the lighting of areas is restricted to times, places and amounts required for safe occupancy.
(j)
Flagpoles.
Property owners are encouraged to not illuminate flagpoles at night, but rather to hoist flags after dawn and lower flags before sunset. If flags are illuminated at night, lighting of up to a total of two (2) flags per property is permitted with the following conditions:
(1)
Flagpoles with a height greater than 20 feet above ground level shall be illuminated only from above. This may be achieved by utilizing a luminaire attached to the top of the flagpole or a luminaire mounted above the top of the flagpole on a structure within fifteen (15) feet of the flagpole and must comply with all sections of this article. The total light output from any luminaire mounted on top of or above a flagpole shall not exceed 800 lumens.
(2)
Flagpoles with a height equal to or less than twenty (20) feet above ground level may be illuminated from below. If ground-level illumination is used, flagpoles may be illuminated with up to two (2) spotlight type luminaires, utilizing shields or diffusers to reduce glare, whose maximum combined lumen output is 75 lumens per linear foot of pole height, measured from the level of the luminaire above grade to the top of the flagpole. Luminaires are to be mounted so that their lenses are perpendicular to the flagpole and the light output points directly toward the flag(s).
(k)
Prohibitions.
The use of the following types of outdoor lighting are prohibited, except as specifically exempted here or elsewhere in this article.
(1)
Sag-lens or drop lens fixtures.
(2)
Any luminaire that uses mercury vapor lamps.
(3)
Searchlights, skybeams, and similar lighting, except as required by response personnel during emergency conditions.
(4)
Any light that dynamically varies its output by intermittently fading, flashing, blinking, or rotating. This type of lighting includes strobe lighting.
(l)
Warranting.
New installations of outdoor lighting will only be installed on public properties and right-of-way upon determination by the City Manager that a public safety hazard exists in the area to be lit, and that the hazard can only be effectively mitigated through the use of outdoor lighting and not through some other passive means, such as reflectorized roadway paint or markers.
6.13.05
Plan Submission and Compliance Review.
(a)
Any individual applying for a compliance review or building permit under this article intending to install new outdoor lighting or update existing outdoor lighting shall file a lighting plan with the City. A lighting plan shall be filed at the same time as any other plans required by the City. The individual may obtain from City staff a document that lists all of the items that comprise a proper and complete outdoor lighting submittal. The submittal shall contain, but shall not necessarily be limited to the following:
(1)
Plans indicating the number and location on the premises of proposed and existing light fixtures, the type of light fixture (the manufacturer’s order number), the lamp type, Kelvin rating, initial lumens produced, the mounting height for each fixture, adaptive controls, building elevations for any structure whose interior lighting is defined as outdoor lighting per this article and the manufacturer’s specification sheet for each light fixture.
(2)
The number of acres or part of an acre that is to be illuminated contiguously, the square footage of the footprint for each structure within the area to be illuminated; and
(3)
Any other evidence that the proposed installation will comply with this ordinance.
(b)
The lighting plan shall be reviewed by the Planning Department to determine compliance with this article, taking into account all factors, including but not limited to, levels of illuminance, luminance, glare, safety hazards, light trespass, and light pollution. The Planning Department may seek input from community members knowledgeable about outdoor lighting during the review process. The Planning Department shall approve or reject the plan within 30 days of submission, returning it to the applicant with an explanation. The applicant shall not move forward with the outdoor lighting project until the lighting plan is approved. After the lighting plan is approved, no substitutions may be made for approved light fixtures without resubmitting the plan for review with the substitutions.
6.13.06
Exemptions, Temporary Permitting, Amendments, Enforcement, Civil Remedies and Public Nuisance.
(a)
This article shall not apply to the following:
(1)
Decorative holiday lighting illuminated for no more than 60 days per calendar year, with illumination only during the hours of 6:00 a.m. to 11:00 p.m. each day, and with the provision that flashing holiday lights are prohibited on nonresidential properties;
(2)
String, festoon, bistro, and similar lighting, provided that the emission of no individual lamp exceeds fifty (50) lumens, no installation of such lighting exceeds, in the aggregate, six thousand (6,000) lumens on any one property, and the lights are rated at or below 2700 Kelvin;
(3)
Underwater lighting of swimming pools and similar water features;
(4)
Lighting required by law to be installed on surface vehicles and aircraft;
(5)
Airport lighting required by law;
(6)
Lighting required by federal or state laws or regulations;
(7)
Temporary emergency lighting needed by law enforcement, fire and other emergency services as well as temporary building egress lighting whose electric power is provided by either battery or generator;
(8)
Lighting employed during emergency repairs of roads and utilities provided such lighting is deployed, positioned and aimed such that the resulting glare is not directed toward any roadway or highway or residence;
(9)
Temporary lighting at construction projects provided such lighting is deployed, positioned and aimed such that the resulting glare is not directed toward any roadway or highway or residence;
(10)
Governmental facilities where compelling needs are demonstrated to the City Manager or designee; and
(11)
Temporary lighting, permitted in this article, for theatrical, television, performance areas, or events provided the lights are positioned safely and do not create issues of light trespass.
(b)
Temporary Permitting.
(1)
Lighting such as that needed for theatrical, television, performance areas, or events may be allowed by temporary exemption. Temporary lighting that does not conform to the provisions of this article may be approved at the discretion of the City Manager subject to submission of an acceptable Temporary Outdoor Lighting Permit.
(2)
Permit term and renewal.
Permits issued shall be valid for no more than seven (7) calendar days and subject to no more than one renewal, at the discretion of City Council or the City Manager, for an additional seven (7) calendar days.
(3)
Conversion to a permanent status.
Any lighting allowed by Temporary Outdoor Lighting Permit that remains installed after fourteen (14) calendar days from the issue date of the permit is declared permanent and is immediately subject to all of the provisions of this article.
(4)
Permit contents.
A request for a Temporary Outdoor Lighting Permit for a temporary exemption to any provision of this article must list the specific exemption requested and the start and end date of the exemption. Search lights, skybeams and similar lighting will not be allowed. The City may ask for any additional information which would enable a reasonable evaluation of the request for temporary exemption.
(c)
Amendment.
This article may be amended from time to time as local conditions change, and as changes occur in the recommendations of nationally recognized organizations such as the Illuminating Engineering Society of North America and the International Dark-Sky Association, if the council wishes to do so.
(d)
Enforcement.
(1)
It will be the responsibility of the City to publish this article in the newspaper of record and to disseminate the ordinance by other appropriate means; to publish information about the ordinance on the City website; and, as time permits, to inform owners of noncompliant lighting of these provisions.
(2)
The City Manager is authorized to promulgate one or more interpretive documents to aid in the administration of, and compliance with, this article. Such interpretive documents, with examples such as Exhibits 2, 3 and 4 of Section 6.13.20, shall be educational only and shall not constitute regulations, amendments, or exceptions.
(3)
Violations.
i.
The City shall have the power to administer and enforce the provisions of this Article as may be required by governing law. Any person violating any provision of this Article is subject to suit for injunctive relief as well as prosecution for criminal violations.
ii.
It shall be unlawful to install or operate any outdoor lighting luminaire in violation of any provision of this Article. Any person violating any provision of this article shall be guilty of a Class C Misdemeanor and may also be subject to suit for injunctive relief, monetary damages, and other relief as directed by a court with jurisdiction over the matter.
iii.
Each and every day during which the illegal erection, maintenance and use of such nonconforming lighting continues shall be considered to constitute a separate offense.
iv.
Any owner who fails to comply with these provisions may be issued a warning notice. The owner of the noncompliant lighting must, within 30 days from the issuance of such warning notice, submit a lighting plan as defined in section 6.13.05 to come into compliance with this article.
v.
Any owner who further fails to comply after 60 days from the issuance of such warning notice may be subject to criminal and civil penalties including a fine of at least $50.00 for each day of noncompliance, unless the City council grants a waiver of the fine.
vi.
A civil penalty up to five hundred dollars ($500.00) a day when it is shown that the defendant was actually notified of the provisions of the Article and after receiving notice committed acts in violation of the Article.
vii.
In the event work is not being performed in accordance with this Article, the City shall issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop work order is in effect.
(e)
Civil remedies.
Nothing in this article shall be construed as limiting the right of any person or entity to pursue legal action against any other person or entity under any applicable law, including the doctrine of light trespass.
(f)
Public nuisance.
Any violation of this article that results in light trespass or an unreasonable interference with the common and usual use of any other property is hereby declared to be a public nuisance.
6.13.07
Notification.
All building permit applicants will be notified of the City outdoor lighting ordinance.
6.13.08
Sign Illumination.
(a)
All permanent signs may be non-illuminated, illuminated by internal, internal indirect (halo), or lit by external indirect illumination, unless otherwise specified. All illuminated signs shall be extinguished at 11:00 p.m. or within one (1) hour of the end of normal business hours, whichever occurs later. All sign illumination must comply with the correlated color temperature (CCT) requirements of this article.
(b)
Top-down lighting.
Externally illuminated signs shall be lit only from the top of the sign, with fully shielded luminaires designed and installed to prevent light from spilling beyond the physical edges of the sign.
(c)
Outdoor internally illuminated signs (whether freestanding or building mounted) shall be subject to all the following requirements:
(1)
The sign must be constructed with an opaque background and translucent letters and symbols or with a dark colored background and lighter letters and symbols. (See Exhibit 5 of Section 6.13.20 for examples.)
(2)
The internally illuminated portion of the sign cannot be white, cream, off-white, light tan, yellow or any light color unless it is part of a registered logo that does not have an alternate version with dark tones. Light tone colors such as white, cream, off-white, light tan, yellow or any light color are permitted in the logo only, provided that such colors in the logo shall represent not more than 33% of the total sign area permitted.
(3)
The internal illumination, between sunset and sunrise, is to be the lowest intensity needed to allow the sign to be visible for up to 1/2 mile from its installation and shall not exceed 100 nits.
(4)
Size limit.
The luminous surface area of an individual sign shall not exceed 200 square feet.
(5)
Electronic Message Center displays are prohibited within or adjacent to sensitive areas. These may include, but are not limited to: natural areas, beaches, wetlands, state and national parks, wildlife refuges, residential areas, observatories, and military training grounds. Setbacks in excess of 1 mile (1600 meters) from sensitive areas may be warranted. Distance setbacks should be assessed on a case-by-case basis, considering the cumulative effect of multiple EMCs. City staff shall document setback requirements and all EMCs shall be subject to the following requirements:
i.
Messages appearing on electronic message center displays shall not be displayed for less than (30) seconds and shall require no longer than 0.25 seconds to transition from one message to another. Moving and/or flashing text or images are prohibited.
ii.
The luminance level shall be gradually dimmed between day and night mode from sunset to one hour after sunset to provide the proper contrast ratio with the ambient illumination level, and similarly before sunrise. Within one hour after sunset luminance levels shall not exceed the following:
a.
In areas with low ambient lighting where lighting might adversely affect flora and fauna or disturb the character of the area, such as rural and low-density residential areas, the nighttime maximum luminance is not to exceed 20 candelas per square meter of signage.
b.
In areas with moderate ambient lighting where the vision of human residents and users is adapted to moderate light levels such as light commercial business areas and high-density or mixed-use residential areas, the nighttime maximum luminance is not to exceed 40 candelas per square meter of signage.
c.
In areas with moderately high ambient lighting where the vision of human residents and users is adapted to moderately high light levels, the nighttime maximum luminance is not to exceed 80 candelas per square meter of signage.
iii.
The total number of EMCs on any given mile of roadway is limited to two and the total square footage within any given mile is limited to 800 square feet.
6.13.20
Exhibits.
Exhibit 1. Indoor/Outdoor Lighting  |
Elevation view showing an example of a nonresidential application of indoor lighting, labeled “Outdoor,” which is will be [sic] subject to this article. The example presumes the structure in question is not elevated such that any of the luminaires labeled “Indoor” may be seen from any other property. If the structure is elevated such that the luminaires labeled “Indoor” are visible from another property then, they are actually “outdoor lighting” and subject to this article. All luminaries under skylights or other translucent roofing materials are subject to this article just as the fixtures behind the window are in this example.
Exhibit 2. An Illustration of Best Outdoor Lighting Practices  |
(1)
Use shielding to reclaim wasted light and direct it to the area to be lit.
(2)
Lower the correlated color temperature (CCT) from “cool” white light to “warm” white.
(3)
Lower the intensity to provide as much light as needed for the application, but no more.
(4)
Use adaptive controls, e.g., timers, half-night photocells, motion sensors, etc., to limit the hours the light is in use.
Exhibit 3. Light Trespass  |
Exhibit 4. Unacceptable Fixtures and Acceptable Fixtures  |
Exhibit 5. Internally Illuminated Signs  |
(Ordinance 09-O-02 adopted 1/28/2009; Ordinance 14-O-28 adopted 6/23/2014; Ordinance 2022-O-08.10-001 adopted 8/10/2022)
§ 6.14 Recreational Vehicle Park Standards.
6.14.01
Purpose.
Ensuring quality standards of uses such as Recreational Vehicle (RV) Parks are important for maintaining property values, ensuring community character and public health and safety. All proposed RV parks will be designed and zoned in accordance with Section 3.07.05 Planned Unit Development (PUD) requirements.
6.14.03
Site Design Requirements.
A.
Roads.
Minimum widths of recreational vehicle park and campground roads designed to accommodate all types and sizes of camping units shall be thirteen (13) feet per traffic lane and eight (8) feet per parallel parking lane.
B.
Road curves designed for use by all types and sizes of camping units shall have a minimum internal radius of thirty (30) feet.
C.
Turnarounds shall be provided for all dead-end roads over one hundred (100) feet in length, and those designed for use by all types and sizes of camping units shall have a minimum internal radius of thirty (30) feet.
D.
Site Identification.
Each camping unit site shall be marked for identification. Such markers shall be easily readable from the recreational park street.
6.14.04
Site Design Safety Requirements.
A.
This site plan shall show and identify camping unit sites, each stand, major structures and facilities, and water supply for fire protection purposes in the recreational vehicle park or campground, to facilitate response by emergency services such as fire, police, and ambulance.
B.
Multiple Access Roads.
More than one fire department access road shall be provided when it is determined that access by a single road could be impaired by vehicle congestion, condition of terrain, climate conditions, or other factors that could limit access.
C.
Roads shall be designed and constructed to allow evacuation simultaneously with emergency response operations.
D.
When a bridge is required to be used as part of a fire department access road, it shall be constructed and maintained in accordance with nationally recognized standards.
6.14.06
Recreational Vehicle Stand Design.
A.
Recreation Vehicle Stand Construction.
Each recreational vehicle site shall have a vehicular access.
B.
Parking spaces and pull-through spaces for recreational vehicles shall be a minimum width twenty (20) feet.
C.
Where two adjacent parking spaces are provided for recreational vehicles, one parking space shall be permitted to be a minimum width of sixteen (16) feet.
D.
Each recreational park trailer stand shall be installed using a method to accommodate the recreational park trailer setup and minimize the possible settling of the recreational park trailer in its set-up mode.
E.
Recreational park trailer sites shall have a potable water supply connection, sewer inlet connection, and electrical power supply for each individual recreational park trailer stand.
F.
When a potable water supply connection, sewer inlet connection, electrical power, TV connection, and phone connection supply or discharge outlets are provided for an individual recreational vehicle stand, they shall be permitted to be grouped together in one assembly in accordance with the following standards:
1.
The water and electrical assemblies shall be located on the left rear half of the site (left side of the recreational vehicle) within six (6) feet of the stand.
2.
The sewer assembly shall be located on the left rear half of the site (left side of the recreational vehicle) within four (4) feet of the stand.
3.
The water, electrical, and sewer assemblies shall be listed specifically for the purpose of providing services to individual recreational vehicles.
(Ordinance 2022-O-12.14-03 adopted 12/14/2022)
§ 6.15 Network Nodes in the Public Right-of-Way Standards and Transmission Tower Standards.
6.15.01
Purpose.
The purpose of this division is to promote the health, safety, welfare, and aesthetics of the community by providing appropriate regulations for network nodes and transmission towers, minimizing the visual impact of towers through design, screening and landscaping, and protecting property by assuring proper engineering and siting of tower structures.
6.15.02 Antenna Applicable Codes Collocate and Collocation Design District Design Manual Designated Area Historic District Micro Network Node Municipally Owned Utility Pole Municipal Park Network Node Network Provider Node Support Pole Pole Public Right-Of-Way Rate Public Safety Residential Area Right-Of-Way Service Pole Stealth Facilities Transmission Towers Transport Facility Utility Pole Wireless Facilities Wireless Service Wireless Service Provider
Definitions.
means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.
means the International building, fire, electrical, plumbing, and mechanical codes adopted by the City and adopted by a recognized national code organization and any local amendments to those codes.
mean the installation, mounting, maintenance, modification, operation, or replacement of network nodes in a right-of-way on or adjacent to a pole.
means an area that is zoned, or otherwise designated by the Code, and for which the City maintains and enforces unique design and aesthetic standards.
means the City of Liberty Hill Design Manual for the Installation of Network Nodes and Node Support Poles incorporated by reference in this Chapter and as amended from time to time.
means an area of the City designated as a historic district or a design district where the City may require reasonable design or concealment measures for new network nodes or new node support poles.
means an area that is zoned or otherwise designated as a historic district under municipal, State, or Federal law.
means a network node that is not larger in dimension than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height, and that has an exterior antenna, if any, not longer than eleven (11) inches.
means a utility pole owned or operated by a municipally owned utility as defined by Section 11.003 of the Texas Utilities Code and located in a public right-of-way.
means an area that is zoning or otherwise designated by as a public park for the purpose of recreational activity.
means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term includes: 1) equipment associated with wireless communications, including, but not limited to, distributed antenna systems (DAS) and small cells; 2) a radio transceiver, an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration; and 3) coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation. The term does not include: 1) an electric generator; 2) a pole; or 3) a macro tower as defined by Section 284.002 of the Texas Local Government Code.
means: 1) a wireless service provider, or 2) a person that does not provide wireless services and that is not an electric utility but builds or installs on behalf of a wireless service provider: a) network nodes; or b) node support poles or any other structure that supports or is capable of supporting a network node.
means a pole installed by a network provider for the primary purpose of supporting a network node.
means a service pole, municipally owned utility pole, node support pole, or utility pole.
means an annual rental charge paid by a network provided to the City related to construction, maintenance, or operation of network nodes within the public right-of-way in the City.
for the purpose of this ordinance shall mean law enforcement, emergency medical service, fire suppression and prevention, and emergency management by any government entity.
means an area of single-family residential lots or other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restrictions.
means property that is publicly owned or upon which a governmental entity has an express or implied property interest held for a public purpose. Examples of such public purpose include, by way of example and not limitation highways, streets, sidewalks, drainage facilities, sewerage and water facilities.
means a pole, other than a municipally owned utility pole, owned or operated by the City and located in a right-of-way, including 1) a pole that supports traffic control functions; 2) a structure for signage; 3) a pole that supports lighting, other than a decorative pole; and 4) a pole or similar structure owned or operated by a municipality and supporting only network nodes.
means a personal wireless service facility that is designed or located in such a way that the antennas and/or towers are camouflaged, concealed, disguised and otherwise not readily recognizable as telecommunications equipment.
for the purpose of this ordinance shall mean any tower or other structure erected for the purpose of radio, television or microwave transmission or line-of-sight relay devices.
means each transmission path physically within a public right-of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes.
means a pole that provides 1) electric distribution with a voltage rating of not more than 34.5 kilovolts; or 2) services of a telecommunications provider as defined in Section 51.002 of the Texas Utilities Code.
means network nodes, node support poles, and related equipment.
means any service, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a network node.
means a person that provides wireless service to the public.
6.15.03
Network Nodes in the Public Right-of-Way Standards.
A.
The purpose of this Article is to facilitate the use of public right-of-way for network node deployments in accordance with Chapter 284 of the Texas Local Government Code.
B.
Network provider may use the public right-of-way in the following circumstances upon receipt of a valid permit demonstrating compliance with the design manual:
1.
Construct, modify, maintain, operate, relocate and remove a network node on a node support pole including the modification, replacement, or removal of the node support pole;
2.
Collocate wireless facilities on a utility pole or service pole, subject to an agreement with the City;
3.
Install its own transport facilities on utility poles subject to an agreement with the City; or
4.
Obtain transport service from a person that is paying fees to the City to occupy the right-of-way.
6.15.04
Design Manual.
A.
The City hereby adopts the City of Liberty Hill Design Manual for the Installation of Network Nodes and Node Support Poles (Design Manual) which sets forth additional installation and construction requirements for wireless service facilities created to support network providers. The City Council hereby delegates authority to the City Manager or designee to update the Design Manual to comply with any updates to the National Electric Code. All other amendments to the design manual shall be adopted by the City Council.
B.
A person shall comply with the design manual as a condition of approval of any application, permit, or other approval required by this Chapter.
6.15.05
Designations; Concealment Requirement.
A.
Design Districts.
For the purposes of this Chapter, the City herein designates the Downtown area as a design district.
B.
Municipal Parks.
For the purposes of this Chapter, the City herein designates any land zoned or dedicated as a municipal park for the purposes of recreational activity as a designated area.
C.
Liberal Construction.
Designations provided by this Section shall be liberally construed. Additional areas may be designated at any time.
D.
Concealment.
Concealment of network nodes and node support poles shall be required by the City in design districts and in historic districts as further provided in the Design Manual pursuant to Chapter [Section] 284.105 of the Texas Local Government Code.
6.15.06
Permit Application Requirements.
A.
Permit Application.
A permit issued pursuant to this Chapter is required to install a micro network node, network node, a node support pole, or a transport facility in the right-of-way and must be approved prior to any work in the public right-of-way. In addition to the requirements set forth in this Chapter and the design manual, an application for a permit pursuant to this Chapter shall include the following:
1.
Detailed drawings, with calculations to show conformity to the limitations contained in [Local Government Code] Chapter 284, the design manual including, but not limited to, descriptions of any required enclosures, the size of the network nodes, pole height, and visibility.
2.
An analysis showing that the proposed wireless facility will not cause any interference with City public safety radio system or traffic signal light system.
4.
A proposal to conceal or camouflage the network node, node support pole, related equipment, or any portion thereof, if applicable;
5.
City pole identification information, if applicable;
6.
Written consent from owners of non-City owned infrastructure; and
7.
A certificate that the network node complies with all application regulations of the Federal Communications Commission (FCC).
B.
Consolidated Permits.
A network provider submitting an application to install or collocate multiple network nodes may file a consolidated permit application for not more than thirty (30) network nodes.
C.
Application Process Timeline.
Not later than the 30th day after the date the City receives an application for a permit for a network node or node support pole, or the tenth day after the date the City receives an application for a permit for a transport facility, the City shall determine whether the application is complete and notify the applicant of that determination.
D.
Application Fee.
The City may charge an application fee as authorized by Section 284.156 of the Texas Local Government Code. In addition to the annual public right-of-way rate, the application fee shall be $500.00 per application covering up to five network nodes, $250.00 for each additional node per application and $1,000.00 per application for each node support pole.
6.15.07
Installation and Inspections.
A.
A network provider shall, at its own cost and expense, install the network node, network node facilities, node support poles and related ground equipment in a good and workmanlike manner in accordance with this Chapter. All work done in connection with the installation, operation, maintenance, repair, modification, or replacement of the network node, network node facilities, node support poles and related ground equipment shall be in compliance with all applicable laws, ordinances, codes, rules and regulations of the City, State and federal government.
B.
The City may perform visual inspections of any network node, network node, node support pole or related ground equipment located in the right-of-way as deemed appropriate without notice. If the inspection requires physical contact with the network node, node support poles or related ground equipment, the City shall provide written notice to the network provider within five business days of the planned inspection. The network provider may have a representative present during the inspection.
C.
After completion of the work within the right-of-way, the network provider shall provide to the City copies of maps and construction records of the permitted facilities as they are actually constructed in the right-of-way and shall provide additional copies of the maps and records to the City upon request.
6.15.08
Collocation.
A network provider shall collocate network nodes on poles pursuant to an agreement with the City. Collocation of network nodes on municipally owned utility poles shall be allowed on nondiscriminatory terms and conditions pursuant to a negotiated pole attachment agreement, including any applicable permitting requirements.
A.
Annual public right-of-way rate.
1.
Network provider shall pay annual public right-of-way rate of $250.00 multiplied by the number of network nodes installed in the public right-of-way within the City.
2.
The annual public right-of-way rate may be adjusted by the City on an annual basis by an amount equal to one-half the annual change, if any, in the consumer price index. The City shall provide written notice to each network provider of the new rate, and the rate shall apply to the first payment due to the City on or after the 60th day following the notice.
3.
For purposes of this Section, consumer price index means the annual revised Consumer Price Index for All Urban Consumers for Texas, as published by the Federal Bureau of Labor Statistics.
B.
Replacement, maintenance and repair.
1.
A network provider shall provide the City with ten (10) days’ advance written notice of the following activities in the right-of-way:
a.
Routine maintenance that does not require excavation or the closing of sidewalks or vehicular lanes;
b.
Replacement or upgrading a network node or node support pole with a network node or node support pole that is substantially similar in size or smaller and that does not require excavation or the closing of sidewalks or vehicular lanes; and
2.
The installation, placement, maintenance, operation, or replacement of network nodes that are strung on cables between existing poles or node support poles in compliance with the National Electrical Safety Code.
C.
A network provider shall comply with the requirements of this Chapter and all other applicable codes and ordinances, when installing, replacing, maintaining, repairing, upgrading, removing, relocating or operating network nodes, network node facilities, node support poles and related ground equipment.
6.15.09
Relocation.
Except as provided in State and Federal law, a network provider shall relocate or adjust network nodes in a public right-of-way, as determined by the City, within ninety (90) days and without cost to the City.
6.15.10
Ownership.
No part of a micro network node, network node, node support pole and related ground equipment erected or placed on the right-of-way by a network provider will become or be considered by the City as being affixed to or a part of, the right-of-way. All portions of the micro network node, network node, node support pole and related ground equipment constructed, modified, erected, or placed by the network provider on the right-of-way will be and remain the property of the network provider and may be removed by the network provider at any time, provided the network provider shall notify the City Manager or designee prior to any work in the right-of-way.
6.15.11
Signage.
A.
A network provider shall post its name, location identifying information, and emergency telephone number in an area on the cabinet of the network node facility that is visible to the public. Signage required under this Section shall not exceed 4 x 6, unless otherwise required by law (e.g. Radio Frequency (RF) ground notification signs) or the City Manager or designee.
B.
Except as required by any local, State or Federal law or by the utility pole owner, the network provider shall not post any other signage or advertising on the micro network node, network node, node support pole, service pole or utility pole.
6.15.12
Indemnity.
To the extent authorized by law, the network provider shall indemnify and hold the City and its officers and employees harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees (including attorney’s fees and costs of defense), proceedings, actions, demands, causes of action, liability, and suits of any kind and nature, including personal or bodily injury (including death), property damage, or other harm for which recovery of damages is sought that is found to be caused, or other harm for which recovery of damages is sought that is found to be caused by the negligent act, error, or omission of the user of the right-of-way, any agent, officer, director, representative, employee, directors, or representatives, while installing, repairing, or maintaining facilities in a right-of-way.
6.15.13
Graffiti Abatement.
As soon as practical, but not later than fourteen (14) calendar days from the date the network provider receives notice, the network provider shall remove all graffiti on any of its micro network node, network node, node support pole, and related ground equipment located in the right-of-way. The foregoing shall not relieve the network provider from complying with any City graffiti or visual blight ordinance or regulation.
6.15.14
Restoration.
The network provider shall repair any damage to the right-of-way, or any facilities located within the right-of-way, and the property of any third party resulting from the network provider’s removal or relocation activities within ten (10) calendar days following the date of such removal or relocation, at the service provider’s sole cost and expense, including restoration of the right-of-way and such property to substantially the same condition as it was immediately before the date the network provider was granted a permit for the applicable location or did the work at such location (even if the network provider did not first obtain a permit), including restoration or replacement of any damaged trees, shrubs or other vegetation. Such repair, restoration and replacement shall be subject to the sole, reasonable approval of the City Manager or designee.
6.15.15
Network Provider’s Responsibility.
The network provider shall be responsible and liable for the acts and omissions of its employees, temporary employees, officers, directors, consultants, agents, affiliates, subsidiaries, and subcontractors in connection with the installation of any micro network node, network node, node support pole and related ground equipment, as if such acts or omissions were the network provider’s acts or omissions.
6.15.16
Transmission Tower Standards.
A.
Wireless Telecommunication Facilities (WTFs) General.
1.
Preexisting WTFs for which a permit has been issued prior to the effective date of this Chapter shall not be required to meet the requirements of this article.
2.
WTFs serving a public safety purpose as approved by the City are exempt from the following regulations within this article.
3.
This section does not apply to network nodes, as that term is defined by Texas Local Government Code chapter 284, as amended, that are proposed to be located in the City right-of-way. All network nodes proposed to be placed in the City right-of-way are governed by Texas Local Government Code Chapter 284, as amended and Section 6.15.3 [6.15.03].
B.
Setbacks.
1.
The standard setbacks for each zoning district shall apply to WTFs with additional setbacks or separation being required in the sections below[.]
2.
Transmission towers shall be placed a minimum distance equal to the height of the tower away from any residential structure or residential zone boundary. No guy wires shall be used.
6.15.17
Height Limitations.
In no case shall a proposed transmission tower exceed two hundred (200) feet in height within the city limits.
6.15.18
Towers Along Major Thoroughfares and Gateways.
A.
To preserve and protect the city’s major thoroughfares, WTFs must be set back from freeways, expressways, and major and minor arterials by a distance equal to three times the WTF height. The setback for these areas is determined by measuring from the centerline of the right-of-way of the thoroughfare with the following exceptions.
B.
Exception.
All direct-to-home services, citizen’s band radio, and all stealth facilities.
C.
In the event there is a conflict between this section and the setback requirements along TxDOT or Williamson County maintained rights-of-way, the greater distance requirement shall prevail. Prior approval is required from TxDOT or Williamson County before City approval of towers or network nodes along TxDOT or Williamson County maintained rights-of-way.
6.15.20
Separation Between Towers.
A.
The city desires to protect its natural beauty and skyline by limiting the number of towers per square mile. Densities for towers are calculated using the following:
1.
For minor facilities, towers shall be separated by a minimum of the height of the tower multiplied by 50.
2.
For intermediate facilities, towers shall be separated by a minimum of the height of the tower multiplied by 45.
3.
For major facilities, towers shall be separated by a minimum of the height of the tower multiplied by 25.
B.
Exception.
Stealth facilities.
6.15.21
Additional Uses Permitted on Lot.
WTFs may be located on lots containing another principal use and may occupy a leased parcel on a lot meeting the minimum lot size requirement of the district in which it is located. Towers and their associated equipment shall be separated from other structures on the lot by a minimum distance of ten (10) feet.
6.15.22
Shared Facilities and Co-Location Policy.
FCC-licensed wireless communication providers are encouraged to construct and site their WTFs with a view towards sharing facilities with other utilities, to co-location with other existing WTFs and to accommodate the future co-location of other future WTFS, where technically, practically, and economically feasible. The city reserves the right to notify other registered wireless communication providers of new WTF applications to promote co-location. Per the process below applicants are required to show documentation of a genuine effort to achieve co-location.
6.15.23
Review Process.
A.
The City has three (3) review processes, which may apply to the development of WTFs.
1.
Platting.
The normal platting requirements as required by the City subdivision ordinance and the Texas Local Government Code shall apply to WTFs.
2.
WTF registration.
This process is required for certain minor use subcategories and all intermediate and major subcategories with the exception of direct-to-home services and citizen’s band radio. The applicant can register by submitting the appropriate information to the City. This information will be used to aid in long range planning.
3.
Site Plan Review.
Review of any of the site-specific criteria set forth in this article in addition to other local government codes and ordinances.
B.
To make application for site plan, the following is required:
1.
Completed application for site plan and application fee submitted to the City Manager or designee.
2.
WTF facility plan. A drawing and any supporting documents that identifies:
a.
The location of existing applicant-owned wireless telecommunication facilities in Williamson County.
b.
The type and height of each existing facility.
c.
The current proposed facility.
d.
The type and height of the proposed facility.
e.
At least three co-location alternatives to the applicant’s own development along with proof of a genuine effort in co-locating on or attaching to an existing support structure; a certified letter addressed to potential lessors is recommended in addition to evidence that demonstrates that no existing tower or support structure can accommodate the applicant’s proposed WTF. Any of the following may be submitted as evidence:
I.
No existing structures are located within the geographic area required to meet applicant’s engineering requirements.
II.
Existing structures are of insufficient height to meet applicant’s engineering requirements.
III.
Existing structures do not have sufficient structural strength to support applicant’s proposed antenna and related equipment.
IV.
The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing structures, or the antenna on the existing structures would cause interference with the applicant’s proposed antenna.
V.
The fees, costs, or contractual provisions required by the owner in order to share an existing structure or to adapt an existing support structure for sharing are unreasonable. Costs exceeding those for new tower development are presumed to be unreasonable.
VI.
The applicant demonstrates that there are other limiting factors that render existing structures unsuitable. The plan will assist the city in understanding the need for any new wireless telecommunication facility, assess the land use impacts, and aid in comprehensive land use planning. It is not necessary to reveal future plans or locations for additional proposed facilities.
f.
Proof of compliance with FCC regulations.
g.
Notification of an impending environmental assessment required by the National Environmental Protection Agency (NEPA) and a copy when the assessment is completed (if applicable).
h.
A letter addressed to the city declaring an intent and willingness to build out a proposed tower to allow at least two (2) other service providers.
i.
Copies of a site plan (the site plan is not the same as the WTF facility plan) as per City requirements; including signature lines for both the owner of the WTF and/or the owner of the property indicating an agreement to remove the entire WTF and any related equipment within sixty (60) days of abandonment.
j.
Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical shall be certified by a licensed professional engineer.
k.
Upon receipt of the above items, the City Manager or designee will process the application and review the site plan.
6.15.24
Site Development Criteria for WTFs Review Process.
The site development requirements for WTFs follow the normal standards for any other type of development according to city code and ordinances. However, some additional standards apply to these sites as follows:
A.
Additional setbacks and separation requirements.
Transmission towers shall be placed a minimum distance equal to the height of the tower away from any residential structure or residential zone boundary. No guy wires shall be used. However, if the minimum distance equal to the height of the tower away from any residential structure or residential zone boundary is less than the following, the greater shall apply. WTF height, excluding antenna array, does not exceed:
1.
One hundred (100) feet, if the WTF is at least two hundred (200) up to two hundred fifty (250) feet from any residential district,
2.
One hundred twenty-five feet, if the WTF is at least two hundred fifty (250), up to five hundred forty (540) feet from any residential district;
3.
One hundred fifty (150) feet, if the WTF is five hundred forty (540) feet or more from any residential district.
B.
Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device.
C.
Special aesthetic and lighting standards.
1.
New transmission towers shall maintain a galvanized steel finish or be painted in accordance with any applicable standards of the Federal Aviation Administration (FAA).
2.
The design of the related buildings and equipment shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the facility to the natural setting and built environment.
3.
If an antenna is installed on a support structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusiveness as possible.
4.
WTFs shall not be artificially lighted with the exception of motion detectors as security lighting, except as required by the FAA or other applicable authority. If security lighting is required, the city shall review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding properties. In any case, lighting will be in accordance with Section 6.13.04(d).
D.
Landscaping and screening.
The following requirements shall govern the landscaping and screening for a transmission tower or any parabolic antenna larger than two (2) meters:
1.
Tower compounds shall be landscaped with a buffer of plant materials that effectively screens the base of the WTF site from view of public right-of-way. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the compound. A screening fence may be used in part to screen a WTF but must be in addition to the required landscaping.
2.
Certain parabolic dishes attached to the ground shall be screened from public right-of-way by a combination of siting at or behind the imaginary front line of the most major structure on-site (largest in gross floor area) and landscaping a four (4) feet wide strip between the dish and right-of-way.
3.
Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, where towers are sited on large, wooded parcels, natural growth around the site perimeter may be a sufficient buffer. Any required tree removal shall be in accordance with Section 6.07, Tree Inventory, Protection, and Preservation.
4.
It is the responsibility of the WTF owner to maintain any required landscaping.
E.
All proposed transmission towers shall provide a point of access from right-of-way which is in conformance with the TCM driveway standards. No off-street parking is required.
F.
All transmission towers shall be built in accordance with the current FAA Airspace Obstruction Standards.
6.15.25
Abandonment.
Any WTF that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such a facility shall remove same within 60 (sixty) days of receipt of notice from the city notifying owner of such abandonment. If such facility is not removed within said sixty (60) days, the city may remove such facility at the property owner’s expense. If there are two or more users of a single WTF, then this provision shall not become effective until all users cease operations on the tower.
6.15.26
Nonconforming WTFs.
A.
WTFs in existence on the date of the adoption of this article, which do not comply with the requirements of this chapter (nonconforming WTFs) are subject to the following provisions:
1.
Nonconforming WTFs shall continue in use for the purpose now used but shall not be expanded without complying with this article, except as further provided in this article.
2.
Nonconforming WTFs which are hereafter damaged or destroyed no more than fifty (50) percent or greater due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefor, but without otherwise complying with this article.
3.
The owner of any nonconforming WTF may replace, repair, rebuild and/or expand such WTF in order to improve the structural integrity of the facility, to allow the facility to accommodate co-located antennas or facilities, or to upgrade the facilities to current engineering, technological or communications standards, without having to conform to the provisions of this article, so long as such facilities are not increased in height by more than twenty (20) feet and/or setbacks are not decreased by more than ten percent (10%).
6.15.27
Modification to Existing Facilities or Preexisting Facilities Which Meet the Requirements of This Article.
A.
Minor modifications to WTFs permitted under this Article shall be approved by the City Manager or designee. Minor modifications are as follows:
1.
The addition of no more than two (2) antenna arrays to any existing WTF, so long as the addition of the antenna arrays add no more than twenty (20) feet in height to the WTF.
2.
An increase in height of the support structure which is no greater than ten (10) percent, and a decrease in setbacks by no more than ten (10) percent.
3.
Co-locations of up to one (1) antenna array shall be considered a minor modification.
B.
Major modifications to WTFs permitted under this Chapter shall be subject to all terms of the section. Major modifications are any modifications that exceed the definition of minor modifications.
(Ordinance 2023-O-004 adopted 1/25/2023)