Magnolia City Zoning Code

CHAPTER 4

Design Standards

Sec. 4-1-1.01 Purpose

This Chapter is for the purpose of addressing the quality and sustainable design of buildings and building sites so as to preserve and enhance the visual character of the City. The standards of this Chapter seek to provide for buildings constructed of quality, durable materials; building sites and developments that are functional, safe, and attractive; and a community character that conveys a positive, lasting impression on both residents and visitors.

Effective on: 1/1/1901

Sec. 4-1-1.02 Application

Generally. The standards of this Chapter apply to new development, redevelopment, substantial improvement, and expansion of nonresidential and mixed-use buildings, as described below.

Nonresidential and Mixed-Use Design Standards. Nonresidential and mixed-use developments are subject to the standards set out in Article 4-2, Nonresidential and Mixed-Use Design Standards, in addition to all other applicable standards of this UDC.

Residential Design Standards. Single-family, two-family, and multi-family development whether allowed as a permitted, limited, or conditional use are subject to the standards set out in Division 4-2-2, Single-Family and Two-Family Lots, and Division 4-2-4, Multi-Family Housing.

Manufactured Home Parks and Subdivisions Design Standards. Manufactured home parks and subdivisions are subject to the standards set out in Division 4-2-3, Manufactured Home Parks and Subdivisions.

Special District Standards. Nonresidential and mixed-use developments whether allowed as a permitted, limited, or conditional use in the UP, TC, or TS districts are subject to the standards set out in Division 4-2-5, Special Districts.

Effective on: 1/1/1901

Sec. 4-2-1.01 Purpose and Applicability

Purpose. The purpose of these design standards is to ensure that nonresidential and vertical mixed-use development includes high-quality, well-designed buildings and sites that contribute to the character and sustainability of the community.

Applicability.

Relationship to Other Standards. The standards of this Section are in addition to all other standards of this UDC, unless the other standards specifically supersede them. If any provision of this UDC conflicts with any other provision of this UDC, any other Ordinance of the City, or any applicable State or Federal law, the more restrictive provision shall apply unless it is preempted. As adopted by the Texas Legislature in 2019 H.B. 2439*, (now chapter 3000, of the Texas Government Code). Please see Appendix C.
Relationship to Building Scale. The standards are organized by building scale, as follows:
1. Sites, Buildings, or Centers less than 12,000 square feet. A single use site or a mixed-use or multi-tenant building or center with a gross floor area of less than 12,000 square feet shall comply with the provisions set out in Section 4-2-1.02, Applicability to Development Types.
2. Sites, Buildings, or Centers greater than 12,000 square feet. A single use site or a mixed-use or multi-tenant building or center with a gross floor area of greater than 12,000 square feet shall comply with the provisions set out in Section 4-2-1.02, Applicability to Development Types.

(Ord. No. O-2020-006, 02/11/2020)

Effective on: 2/11/2020

Sec. 4-2-1.02 Applicability to Development Types

Sites, Buildings, or Centers that are less than 12,000 Square Feet. Single use sites, buildings, or centers that are less than 12,000 square feet are subject to the standards set out in the following Sections:

Section 4-2-1.03, Façade Treatments, Subsection A, Sites, Buildings, and Centers less than 12,000 square feet;
Section 4-2-1.04, Exterior Wall Finish Materials;
Section 4-2-1.06, Mechanical Equipment and Meters; and
Section 4-2-1.07, Service Bays.
Section 4-2-1.08 Preconstructed Buildings.

Sites, Buildings, or Centers that are greater than 12,000 Square Feet. Sites, buildings, or centers that are greater than 12,000 square feet are subject to all standards set out in Division 4-2, Nonresidential and Mixed Use Design Standards.

(Ord. No. O-2020-029, 11/10/2020)

Effective on: 11/10/2020

Sec. 4-2-1.03 Façade Treatments

Sites, Buildings, and Centers that are less than 12,000 Square Feet.

Elevations. Elevations of building walls that are within direct public view shall have certain percentages of decorative façade surfaces as follows:
1. Front Elevation. The building elevation(s) fronting on or most directly facing public or private street right-of-way, a street easement, or access easement shall be constructed of or faced with a decorative building material on 75 percent of the façade elevation, excluding doors.
2. Side Elevation. Decorative building materials are required on side elevations as follows:
  1. Street Facing. A side elevation fronting on or most directly facing public or private street right-of-way, a street easement, or access easement shall be constructed of or faced with a decorative building material on 50 percent of the façade elevation, excluding doors.
  2. Abutting Parking Lot or Drive-Through. A side elevation that abuts a drive-through lane or a parking lot with a parking module width of 40 feet or more of the same or an adjacent or abutting property shall be constructed of or faced with a decorative building material on 25 feet or 25 percent of the façade elevation, whichever is greater.
  3. Other Conditions. All other side elevations may be constructed of or faced with decorative materials on 50 percent of the façade elevation. For these conditions, landscape screening along the façade elevation shall be provided as set out in (2) above.
3. Rear Elevation. The building elevation facing the rear of the property may be constructed of or faced with non-decorative materials on 100 percent of the façade elevation.
Decorative and Non-Decorative Building Materials. Decorative and non-decorative building materials are as set out in Section 4-2-1.04, Exterior Wall Finish Materials.

Sites, Buildings, and Centers that are greater than 12,000 Square Feet.

Elevations. Elevations of building walls that are within direct public view shall have certain percentages of decorative façade surfaces as follows:
1. Front Elevation. The building elevation(s) fronting on or most directly facing public or private street right-of-way, a street easement, or access easement shall be constructed of or faced with a decorative building material on 75 percent of the façade elevation, excluding doors.
2. Side Elevation. Decorative building materials are required on 60 percent of all side elevations, including temporary side walls.
3. Rear Elevation in Public View.
  1. A rear elevation that is within direct public view from any public or private street rights-of-way or a parking lot or drive-through of the same or an adjacent or abutting property, such as an out-parcel, shall be constructed of or faced with decorative building materials on 100 percent of the façade elevation.
  2. The building elevation facing the rear of the property may be constructed of or faced with non-decorative materials on 50 percent of the façade elevation.
Decorative and Non-Decorative Building Materials. Decorative and non-decorative building materials are as set out in Section 4-2-1.04, Exterior Wall Finish Materials.

Effective on: 1/1/1901

Sec. 4-2-1.04 Exterior Wall Finish Materials

Decorative Building Materials. The decorative materials used for building exterior finishes shall be proven high-quality, durable materials. These materials include:

Brick, including thin brick;
Stone, including cast stone;
Portland cement stucco with a weather barrier layer and wall drainage system;
Architectural masonry units including split face, weathered face, sandblasted face and ground face blocks; and
Glass.

Limited Materials. Materials that may be permitted subject to the advanced approval of the Administrator, who may seek the approval of the Commission, include, but are not limited to:

Embossed or prefinished architectural metal panel (26+ gauge), which has an appearance of masonry, stucco, or any other appearance that is approved (applicable only for buildings with a gross floor area less than 12,000 square feet);
Glass curtains used for building window areas, but not occupying more than 60 percent of the ground floor façade or more than 40 percent of upper floor façades; and
Architectural Decorative Metal.

Non-Decorative Materials.

Embossed or prefinished architectural metal panel (26+ gauge), which has an appearance of masonry, stucco, or any other appearance that is approved (applicable only buildings with a gross floor area greater than 12,000 square feet);
Exterior Insulation and Finish Systems (EIFS) used in the following ways:
1. To finish building accents (e.g., columns or window trims);
2. To finish building walls that are located on the side or rear of a building, provided that the EIFS material is installed at least 12 feet above grade; or
3. To use as a wall drainage system (provided that barrier wall systems are prohibited)
Smooth-faced, finished concrete masonry units;
Metal panel [26+ gauge] (commonly known as R-Panels);
Fiber cement siding; and
Fiber board

Prohibited Materials. The use of the following building materials for exterior walls, siding, or cladding is prohibited.

Prefabricated metal wall panels;
Corrugated metal panel, except as approved by the Commission;
Smooth-faced, unfinished concrete block;
Metal siding; and
The use of the following for exterior walls, siding, or cladding is prohibited:
1. Plywood; and
2. Plastic.

Approval of Other Materials. Other building materials may be used as predominant materials if it is demonstrated that they have comparable durability, impact resistance, and aesthetic quality as the materials permitted in this Section; and either:

They are part of a building that is designed to achieve a Leadership in Energy and Environmental Design (LEED) certification, and the materials qualify for LEED points under both the "energy and atmosphere criteria" and the "materials and resources criteria" of the LEED checklists (e.g. Green Building Council or USGBC); or
They are part of a building that is EPA certified as designed to earn the ENERGY STAR, and the materials substantially improve the energy efficiency of the building compared to materials that are permitted above; or
They are pre-approved for use by the Commission.

Effective on: 1/1/1901

Sec. 4-2-1.05 Building Form and Design

Building Form.

Buildings that cover up to 30,000 square feet of gross floor area shall have moderate changes in height or roof line, which can be accomplished by one or more of the following techniques:
1. Dormers with ridge lines that are three feet or more below the ridge line of the roof.
2. A compound roof shape, in which the highest ridge line and the lowest ridge line have a height difference of two to five feet.
3. Parapet walls that vary in height from two to four feet and which are designed of equal or greater height to screen from public view all rooftop mechanical equipment.
4. Towers that have a height that is four to six feet above the highest peak or ridge of the roof or highest point of the parapet.
Buildings that cover 30,000 square feet of gross floor area or more, but less than 60,000 square feet of gross floor area shall have major changes in height or roof line, which can be accomplished by one or more of the following techniques:
1. A compound roof shape, in which the highest ridge line and the lowest ridge line have a height difference of five or more feet; and/or
2. Parapet walls that vary in height by more than four feet, are proportional to the building, and which are designed of equal or greater height to screen from public view all rooftop mechanical equipment; and/or
3. Towers that have a height that is more than six feet above the highest peak or ridge of the roof or highest point of the parapet. The mass of such towers shall be proportional to the building, so that the towers appear as substantial, but not overwhelming, architectural elements; and/or
4. Ground-level arcades and second floor galleries/balconies; and/or
5. Other features that reduce the apparent mass of a building.
Buildings that cover more than 60,000 square feet of gross floor area shall have major changes in height or roof line, which shall, in addition to the requirements for buildings that cover 30,000 square feet of gross floor area or more, include:
1. Significant architectural features to identify principal entrances; and
2. Elements such as towers or significant projections from the building to break up the building mass.

Architectural Detailing. All buildings shall include a minimum of two architectural details that promote and are in harmony with the design vernacular including, but not limited to, those exhibited in Figure 4-2-1.05.1, Architectural Detailing.

Figure 4-2-1.05.1 Architectural Detailing

Multi-Story Buildings. Buildings with more than two stories shall be designed with a clearly differentiated base, middle, and top.
1. Building Base. A recognizable base shall include, but shall not be limited to:
  1. Thicker walls, ledges, or sills.
  2. Integrally textured, colored, or patterned materials such as stone or another approved masonry.
  3. Raised planters, which are integral to the building façade.
2. Building Top. A recognizable top shall include, but shall not be limited to:
  1. Cornice treatments, other than just colored stripes or bands, with integrally textured materials such as stone or another approved masonry or differently colored materials.
  2. Sloping roofs with eaves and brackets.
Building Dimensions.
1. Maximum Horizontal Dimension. No building wall shall have an uninterrupted horizontal dimension of more than 80 feet for buildings with footprints 12,000 square feet and larger and no more than 40 percent of the façade length for buildings with footprints smaller than 12,000 square feet in area.
2. Required Offsets. Building walls with a horizontal dimension of more than 80 feet shall have clearly pronounced projections or recesses of at least six feet, and at least two feet for buildings with a horizontal dimension of less than 80 feet, measured perpendicular to the vertical plane of the wall. These projections or recesses shall be spaced not more than 80 feet apart. Projections or recesses shall have a horizontal dimension parallel to the building wall from which the offset is measured of at least the lesser of:
  1. 20 feet; or
  2. 20 percent of the building façade (see Figure 4-2-1.05.2, Required Offsets).
3. Entryways. Entryways to bays that are larger than 30,000 square feet shall project not less than six feet from the façade. This shall be represented by a change in the wall of the building and not only in a covered entry.

Figure 4-2-1.05.2 Required Offsets

Roofing.
1. Styles. Flat roof and pitched roof systems are allowed, subject to the following standards:
  1. Mansard roofs are not allowed.
  2. Any material that is permitted by building code is allowed on flat roof systems.
  3. Flat roof systems shall be hidden by parapet walls that are of equal or greater height to screen from public view all rooftop mechanical equipment.
2. Approved Materials. Roofing materials used on pitched roof systems shall be proven, high-quality, durable materials, including:
  1. Architectural shingles;
  2. Concrete tile;
  3. Slate;
  4. Architectural standing seam metal;
  5. Building integrated photovoltaics (solar panels that double as roofing material);
  6. Green roof systems (encouraged); or
  7. Others approved by the Administrator and the Commission.
3. Prohibited Materials. Corrugated metal and other roofing materials that are not listed in (2) above are prohibited.
Elevations.
1. Front Elevation. The front elevation shall have:
  1. Architectural features that animate the façade along its entire length spaced at intervals of not more than 30 feet in horizontal distance. These features shall include wall sconces, display windows, faux windows, brick patterning, entry areas, towers, pilasters, columns, horizontal and vertical offsets, and/or other elements that create a pattern of light and shadow on the building wall (see Figure 4-2-1.05.3, Architectural of Front Elevations).
  2. Awnings, arcades, or overhangs that project at least six feet along not less than 80 percent of the façade for buildings with footprints of 12,000 square feet and larger, and shall connect to all building entrances along the façade.

Figure 4-2-1.05.3 Architecture of Front Elevations

1. Side and Rear Elevations. Side and rear elevations shall have:
  1. Architectural features that animate no less than 60 percent of the façade nearest the front elevation. These features shall:
    1. Include awnings, arcades, or overhangs that project at least six feet and connect to awnings, arcades, or overhangs on the front elevation; and
    2. Be spaced at intervals of not more than 12 feet in horizontal distance; and
    3. Include wall sconces, display windows, entry areas, towers, pilasters, columns, horizontal and vertical offsets, and other elements that create a pattern of light and shadow on the building wall (see Figure 4-2-1.05.4, Architecture on Side and Rear Elevations).

Figure 4-2-1.05.4 Architecture on Side and Rear Elevations

1. 1. No blank wall surfaces that extend for more than 30 feet in horizontal distance or 15 feet in vertical distance;

Transparency. Front elevations shall be glazed and transparent along 50 percent of the pedestrian view plane, unless the Administrator determines that the required transparency is inconsistent with the operational requirements of the building. Glazing shall be considered to be transparent if it is 100 percent transparent from both the exterior and interior of the building.
Awnings and Canopies. Awnings and canopies, if installed, shall meet the following standards:
1. Construction. Awnings and canopies shall be attached and integral to the principal structure.
2. Obstruction. Awnings and canopies shall not completely obstruct any window. Transom windows may be located under awnings and canopies.
3. Support. Canopies shall have columns, beams, and/or brackets of adequate size to give both structural and visible means for support.
4. Materials. Awnings and canopies shall be constructed of durable, protective, and water repellant materials (e.g. cloth, fabric, canvas, glass, steel, standing seam metal, architectural metal, and/or perforated metal (not corrugated)). Vinyl and fiberglass awnings are prohibited.
5. Lighting. Backlit or internal illuminated awnings or canopies are prohibited. Acceptable fixtures and methods of illumination include:
  1. Recessed fixtures incorporating a lens cover that is either recessed or flush with the bottom surface (ceiling) of the canopy.
  2. Indirect lighting where light is beamed upward and then reflected down from the underside of the canopy. Indirect lighting fixtures shall be shielded such that direct illumination is focused exclusively on the underside of the canopy.
6. Length. Awnings/canopies shall be no longer than a single storefront.
7. Color. Awning/canopy colors shall be compatible with the overall color scheme of the façade from which it projects. Solid colors or subtle striped patterns are preferred.
8. Projection. Awnings/canopies are allowed to project to within two feet of the curb line.
9. Clearance. A minimum clearance of eight feet from finished grade to the bottom of the awning/canopy is required. Drive-under canopies shall not exceed 16 feet in height.
10. Freestanding Canopies. Freestanding or semi-freestanding canopies, such as those used as shelters for pump islands and porte-cocheres shall be of similar style, material, color, and lighting as those attached to the principal building.
Building Entrances. Each building, regardless of size, shall have clearly-defined, highly-visible customer entrances that include at least three of the following architectural features:
1. Canopies, porticos, arcades, or overhangs;
2. Recesses or projections;
3. Raised corniced parapets;
4. Over the door or peaked roof forms;
5. Arches;
6. Outdoor patios or plazas;
7. Display windows;
8. Obviously differentiating architectural details such as moldings that are integrated into the building structure and design; and/or
9. Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.
Architecturally Significant.
1. Existing and new building designs may be considered if the proposed project:
  1. Is exceptional in the quality of detailing, appearance, and materials;
  2. Creates a positive unique relationship to other nearby structures, views, or open space; and
  3. Is not in violation of any provision of Chapter 14, Buildings and Building Regulations, of the City of Magnolia Municipal Code;
1. Any applicant whom files for their project to be granted under the architecturally significant standard has the burden to demonstrate to the local governing body why the application meets this standard.

Effective on: 1/1/1901

Sec. 4-2-1.06 Mechanical Equipment and Meters

Generally. Mechanical equipment associated with building operations (e.g., HVAC systems, electric meter banks, etc.) shall be screened as set out in this Section.

Ground-Level Equipment. Mechanical equipment and meters shall be screened from public view by building wall extensions, opaque fencing, structural enclosure, or landscaping. Hedges and screen walls that are used to screen mechanical systems shall be maintained at a height that is at least one foot higher than the equipment. Wall extensions, opaque fencing, and structural enclosures shall use materials and colors that match or are consistent with the design and materials of the principal building.

Roof-Mounted Equipment. Mechanical equipment shall be fully screened from ground level views from all adjacent property and rights-of-way by:

Parapet walls, which shall include cornice treatments that are of adequate height to fully screen the equipment (a slope of one foot rise per 25 feet of run shall be used to determine if the wall is of adequate height); or
Screening walls of adequate height to fully screen the equipment, which use materials and colors that match or are consistent with the design of the principal building; or
Sloped roof systems or other architectural elements of adequate height to fully screen the equipment from all adjacent property and rights-of-way.

Building-Mounted Equipment. Mechanical equipment that is mounted on a building wall that is within public view shall be enclosed, screened by opaque fencing and landscaping, or painted to match the building façade.

Effective on: 1/1/1901

Sec. 4-2-1.07 Service Bays

Generally. Use types that have service bays with overhead doors shall be oriented and designed as set out in this Section.

Standards. Overhead doors providing access to service bays shall be designed or screened as follows:

Provided the size, shape and orientation of the site allows, a building wall with overhead doors shall be perpendicular to public or private street rights-of-way.
Due to the size, shape, and orientation of the site and other functional considerations, overhead doors that front or most directly face public or private street right-of-way shall be painted to match the wall façade and shall include windows.

Effective on: 1/1/1901

Sec. 4-2-1.08 Preconstructed Buildings

Generally. Use of preconstructed buildings may not be used as the principal structure on a nonresidential or mixed-use lot.

Preconstructed buildings including industrial units, portable buildings and modular structures may not be used as the principle structure on a nonresidential site.

Where Allowed. Preconstructed buildings are allowed:

On Public Use lots subject to Sec. 2-2-1.06 Temporary Uses.
On Industrial lots subject to Sec. 2-3-5.02 Other Uses.

(Ord. No. O-2020-029, 11/10/2020)

Effective on: 11/10/2020

Sec. 4-2-2.01 Single-Family and Two-Family Lots

Placement of Buildings. The placement of a principal building in a perpendicular or sideways orientation on an interior or through lot is prohibited (see Figure 4-2-2.01, Building Placement).

Figure 4-2-2.01 Building Placement

Building Entrances. All single-family residences and single building residential developments shall be designed such that a primary entrance and windows face a public street.
Maximum Number of Buildings per Lot. There shall be a maximum of one principal building per single-family residential lot.
Windowless Walls. Lot-line and patio variant lot-line dwelling units shall not be designed with windows that provide views into the side yards of abutting property. However, windows may be permitted in walls designated as windowless, only if it is demonstrated that:
1. The adjoining land is a public right-of-way or easement;
2. Windows are frosted or composed of glass block, do not open, are materially offset from windows of any type on adjoining property, and satisfy all applicable building and fire code requirements; or
3. The adjoining land is commonly owned or public open space.

Effective on: 1/1/1901

Sec. 4-2-2.02 Exterior Wall Finish Materials

Exterior walls or elevations shall be constructed of fire-resistant exterior materials including:

Masonry;
Stucco;
Fiber-cement siding; or
Any other fire-resistant exterior cladding that meets the intent of this section.

Exterior walls on all buildings constructed before January 8, 2013 may be maintained or repaired without compliance to this section provided the repairs meet all of the requirements of Chapter 14, Buildings and Building Regulations of the Municipal Code.

Effective on: 1/1/1901

Sec. 4-2-3.01 Manufactured Home Parks and Subdivisions

Generally. All manufactured home parks and manufactured home subdivisions shall meet the standards of this Section.

Manufactured Home Parks. The contiguous area of a manufactured home park shall have a minimum of three acres and a maximum of 10 acres. The following shall apply to manufactured home parks:

Gross Site Area. The minimum and maximum site area shall be as set out in Table 3-1-1.03, Use, Lot and Building Standards for Existing Neighborhoods.
Gross Site Area. The minimum and maximum site area shall be as set out in Table 3-1-1.03, Use, Lot and Building Standards for Existing Neighborhoods.
Separation between Units. The minimum separation between manufactured home units and attached accessory structures and any other manufactured home unit and/or accessory structure shall be 15 feet.
Separation and Setback for Accessory Buildings.
1. An accessory building on a manufactured home space shall maintain a minimum rear and side yard setback of five feet; and
2. A minimum of 10 feet shall be provided between any manufactured home and an unattached accessory building.
Perimeter Setbacks. Each manufactured home park shall have a minimum perimeter setback of 30 feet from adjacent nonresidential districts or uses and 50 feet from adjacent residential districts or uses. No space for a dwelling unit or any other structures shall be permitted in the required setback.
Open Space. Each manufactured home park shall provide a minimum of one acre open recreational space.
Access to Public Streets. Each manufactured home park must abut and shall have access to a dedicated public street with a right-of-way of at least 60 feet. Direct access to a manufactured home space from a public street is prohibited.
Vehicular Circulation. The manufactured home park must provide interior vehicular circulation on a private internal street system. Minimum interior street width shall be 27 feet. The street system shall be continuous and connected with other internal and public streets; or shall have a cul-de-sac with a minimum diameter of 90 feet. No cul-de-sacs shall exceed 300 feet in length.
Sidewalks. Each manufactured home park shall provide a sidewalk system to connect each manufactured home space to common buildings or community facilities constructed for the use of its residents, as well as to the fronting public right-of-way. Sidewalks shall be as set out in Section 5-2-2.07, Sidewalks.
Utilities. Utility services shall be as set out in Section 5-1-5.10, Utility Standards.
Financial Responsibility. Each applicant for a manufactured home park shall demonstrate their financial capability to complete the project, including provision of and commitment for a construction schedule.

Manufactured Home Subdivisions.

Manufactured home subdivisions shall be constructed in accordance with the minimum design standards set forth by the U.S. Department of Housing and Urban Development and display certification of compliance; and
Manufactured home subdivisions shall be as set out in Table 3-1-1.03, Use, Lot and Building Standards for Existing Neighborhoods.

Effective on: 1/1/1901

Sec. 4-2-4.01 Multi-Family Housing

Generally. All multi-family developments shall meet the standards of this Section.

Building Walls.

Not less than 75 percent of first floor building walls, exclusive of windows and door openings, shall be finished with masonry construction, such as brick, stone, or simulated stone.
Siding shall be masonry or cement fiberboard. Siding shall be traditional profiles such as four-inch to eight-inch horizontal beveled or shake. Siding surfaces may not cover more than 75 percent of any wall surface and may not extend to the ground level.
Stucco and Exterior Insulated Finishing Systems (EIFS) are permitted as an accent material and if used shall be made to look like traditional wall cornices, soffits, window trim, and similar architectural elements. .
EIFS may be installed no less than ten feet above the finished floor level.

Building Elements.

Awnings, where installed, shall be constructed with fabric or metal coverings. Plastic coverings are prohibited.
Elements such as eaves, rakes, cornice lines, or frieze boards shall be used to contribute to the visual interest of the building.
Columns, cornices, and similar elements shall be natural or simulated natural elements such as wood, composite material, architectural metal, or stone.
Balcony and railing materials may be different than the materials used on exterior walls.

Roofs.

Sloped roofs shall be covered with quality materials, comparable to slate, concrete tile, dimensional shingles, metal shingles, or architectural metal seam roofing.
No rooftop mechanical equipment or window/wall mounted air conditioning units shall be visible from the street level.
Monolithic roof structures that cover more than 4,000 square feet shall include changes in direction, or treatments which break up the appearance of mass. Such treatments may include elements such as dormers, towers, or chimneys.

Stairs. Stairs that provide primary access to units on upper floors shall be covered.

Effective on: 1/1/1901

Sec. 4-2-5.01 Unity Plaza (UP) District

Generally. All new building facades that are visible from a public street, public park, or open space shall be articulated according to this Section.

Building Articulation and Architectural Features.

Horizontal Articulation. Front building facades shall be modulated with horizontal offsets of no greater than four feet, recessed entries, or protrusions, where applicable. The maximum width of building facades (measured horizontally along the building exterior) without modulation shall be 30 feet.
Horizontal Elements. All buildings shall incorporate elements that divide façade planes and create a visual play of light and shadow. Long, uninterrupted horizontal elements are prohibited. Building articulation shall be accomplished with design elements as follows with articulation intervals that do not exceed 30 feet:
1. Repeating distinctive window patterns at intervals less than the articulation interval;
2. Covered entry;
3. A change in the roofline by alternating parapet heights; and
4. A change in building materials that corresponds to a change in building plane.
Roofs. Rooflines shall be individually distinguishable with variations of height of no less than two feet. Roofs shall relate to the building façade articulations. For flat roofs or facades with a horizontal eave, fascia, or parapet, the roof line shall be changed so that no unmodulated segment of the roof exceeds 40 feet in horizontal dimension. Mansard roofs are not permitted.
Vertical Articulation. Vertical articulation shall be provided. To moderate the vertical scale of buildings, the design shall include techniques to clearly define the building’s top and bottom. The following techniques are suggested methods of achieving vertical articulation:
1. At the top of the building, strong eave lines, cornice treatments, and horizontal architectural detailing shall be used. This treatment shall return into alleyways a minimum of 20 linear feet and shall be provide the full length of the any façade visible to the public.
2. The second story (top) elevation of the buildings shall have windows. Other items such as balconies, material changes, railings, and similar treatments which unify the building design shall be incorporated.
3. The first floor (bottom) elevation of the building shall have pedestrian-oriented storefronts with large windows. The storefronts shall include kick plates below windows, awning and hanging signs, and arcades. In cases where the storefront is located on a corner lot, the storefront shall be located on both frontages.
First Floor (Bottom) Level. At the first floor level, buildings shall have:
1. One or more storefronts with recessed entrances.
2. Awnings and hanging signs.
3. Seasonal planters/landscaping.
Blank Walls.
1. Blank walls shall not be visible from a street, public park, or open space.
2. If property is redeveloped including improvements totaling more than 50 percent of the assessed value of the property, and visible from a street, public park, open space, or adjacent lot, shall be treated in one or more of the following ways:
  1. A vertical trellis in front of at least 50 percent of the wall’s horizontal length, with climbing vines or plant materials installed at its base.
  2. A landscaped planting bed at least six feet wide, or raised planter bed (constructed with the same materials as the building façade) at least two feet high and three feet wide in front of the wall. Plant materials that will obscure or screen at least 50 percent of the wall’s surface within three years shall be planted in the planting bed or raised planter.
  3. Regular fenestration that is consistent with that of the front façade.
3. Blank walls that become exposed by reason of the razing or removal of an adjacent, abutting building shall treat the wall surface as set out in Subsection 6.b., above. If such treatment may not be accomplished on the property of the remaining building or is not practicable, as determined by the Administrator, the blank wall shall be exempt from these requirements.
4. Treatment of blank walls is to be proportional to the front façade.
Logo Buildings and Building Elements.
1. Prototype design for franchises should use customized components that are consistent with the City’s character and reinforce visual consistency with other adjacent buildings.
2. Logo buildings are prohibited.
3. Logo building elements are prohibited.

Building Architecture. The general form of structures shall emulate simple, three-dimensional forms characteristic of the appearance of traditional main streets that orient to and participate in the activities of the street (see Figure 4-2-5.01.1, Historical Building Features).

Figure 4-2-5.01.1 Historical Building Features

1. Form. Structures with multiple component forms are to be integrated for visual unity.
2. Awnings and Signage. Awnings shall be designed as follows:
  1. Materials:
    1. Awnings shall be constructed of high-quality materials such as canvas and high quality fabric.
    2. Bubble, box, or shiny plastic awnings are prohibited.
  2. Design:
    1. Awnings shall be designed to be simple and historically compatible to the City’s character.
    2. Awnings shall not be installed so as to obscure significant architectural details of a building.
    3. Mansard awnings are prohibited.
    4. Awnings shall not be installed so as to extend across more than one storefront, and shall not exceed the lesser width of a single building or building module.
    5. Solid color or two-color striped awnings are permitted. Corporate colors on awnings are permitted only if they are architecturally compatible with the building on which the awning is attached. Overly iridescent or fluorescent colors are prohibited.
    6. Awnings shall be a minimum height of eight feet.
    7. Awnings are permitted to encroach two feet into the right-of-way.
  3. Signage.
    1. Signage on awnings is limited to the vertical drip or flat face (perpendicular to the street or sidewalk) of an awning, and shall not be permitted on the sides or top slope of an awning.
    2. Hanging signs are permitted at a minimum height of eight feet.
    3. Way finding signs approved by the City are permitted in the UP District.
  4. Access. Building access shall be adapted to site conditions for level, convenient, obvious entry.
  5. Required Design Features. New buildings shall incorporate the following elements that are compatible with main street character design:
    1. Decorative rooflines, for example, an ornamental molding, frieze, or other roofline devices visible from the first floor level. If the roofline decoration is in the form of a linear molding or board, then the molding or board must be at least eight inches wide.
    2. Decorative treatment of windows and doors, for example, decorative molding/framing details around all first floor windows and doors, decorative glazing, or door designs located on facade facing streets, public parks, or open spaces.

Building Entries.
1. Demarcation. Primary public entrances shall be clearly defined with traditional architectural detailing and landscape features such as ornamental paving, tile work, planters and/or planting beds, or awnings.
2. Form and Scale. Building entrances shall have a form and scale that is comparable to the traditional main street character.
Building Materials and Finishes. New building construction materials and finishes shall reflect traditional “main street” vernacular building materials. Generally, facades that reflect the heritage of the City shall be retained. However, facades of vintage buildings may be adapted to contemporary use with compatible materials.
1. Permitted Materials.
  1. Brick;
  2. Stone;
  3. Cast stone;
  4. Rock;
  5. Marble;
  6. Granite;
  7. Glass block (maximum 20 percent);
  8. Tile;
  9. Stucco and plaster;
  10. Split faced concrete which is integrally colored with pattern and texture; and
  11. Exterior Insulation Finish Systems (EIFS) shall not be applied at a height below 12 feet.
2. Prohibited Materials.
  1. Metal or wood siding;
  2. Metal screening;
  3. Fiberglass sheathing;
  4. Crushed rock or crushed tumbled glass;
  5. Plastic;
  6. Vinyl or plywood siding; and
  7. Chain link fencing (except for temporary purposes such as a construction site).
Transparency and Fenestration.
1. Transparency.
  1. The storefront of a building shall have a minimum transparency of 70 percent.
  2. Other facades which are not the storefront shall provide a minimum of 15 percent transparency.
  3. Transparent glazing which is clear or limited to UV tent is permitted.
  4. Mirrored glass is prohibited.
2. Fenestration. The arrangement, proportion and design of windows and doors (fenestration) shall conform to traditional main street buildings.
  1. The height to width ratio of single openings and group openings shall be proportionately scaled to the wall and adjacent buildings.
  2. Door and window details and trim shall be suitably scaled to the wall and adjacent buildings.
  3. Large expanses of glass used in windows and doors shall be reduced to smaller component windows reminiscent of traditional main street vernacular when adjacent to sidewalks or other pedestrian use areas.
  4. The total area of windows along a façade facing a street shall be a minimum of 25 percent of the area of the façade.
Parking.
1. Shared Parking. Shared parking allows adjacent property owners to share their parking lots and reduce the number of parking spaces that each would provide on their individual properties. Shared parking is allowed through contractual agreements between property owners which is approved by the Administrator after review by the City Attorney. The standards to reduce the required parking for a use is outlined in Section 7-1-2.04, Parking Credits and Reductions. All shared parking areas shall conform to the standards listed in Subsection G.1., above.
2. Structured Parking. Structured parking is encouraged in the UP district. Structured parking shall not front on a main street unless the structure’s façade is comparable to other facades in the district. The first floor of the parking structure fronting on a main street shall consist of commercial development with parking behind and above the development. Parking structures are limited to two stories.
3. On-Street Parking. On-street parking is permitted and encouraged in the UP district.
Sidewalks and Bicycles.
1. Sidewalks. Sidewalks shall be a minimum of eight feet in width and shall be designed with brick and/or pavement patterns at crosswalks. The use of concrete with high albedo content is encouraged to increase the solar reflectivity of the sidewalk.
2. Bicycles. Bicycle parking with bicycle racks are required on each city block within the UP district. There shall be a minimum of 5 bicycle parking spaces per block, however, the bicycle parking spaces may be staggered within the city block. Bicycle racks designed as public art are encouraged.
Dumpster Enclosures. Dumpster enclosures shall be located at the rear of each lot with a new building and shall conform to the standards set out in Section 2-3-2.01, Refuse Containers.
Rooftop Equipment. All rooftop building equipment shall be screened from public view at the ground level.
Rainwater Harvesting. The use of rain barrels is permitted as an accessory use in the UP district for the collection of rainwater. The following standards shall apply to rain barrels:
1. Rain barrels shall be located at the rear of a lot in the same place as the refuse container;
2. Rain barrels shall be screened from public view in the same manner as refuse containers which is outlined in Section 2-3-2.01, Refuse Containers, or by painting the rain barrels in the same color as the principle building;
3. Rain barrels must be covered with a screen to allow the water to filter in but to prevent the breeding of mosquitoes if the top is open and no lid is used. If the rain barrel contains an overflow on the side, it too must have screening as well;
4. If the rain barrel lid is fitted to feed directly from a downspout, and it has no other openings, then a screen is not required; and
5. No more than four rain barrels are permitted per property and may not exceed 55 gallons each.

Effective on: 1/1/1901

Sec. 4-2-5.02 Town Center (TC) District

Generally. All new building facades located in the TC district that are visible from a public street, public park, or open space shall be articulated according to this Section.

Building Materials and Finishes. Material finishes shall reflect City character for building materials for new building construction. Generally, facades that reflect the heritage of the City shall be retained. However, facades of vintage buildings may be adapted to contemporary use with compatible materials.

Permitted Materials. The following materials shall be used for exterior building finishes:
1. Brick, including thin brick;
2. Stone, including cast stone;
3. Portland cement stucco;
4. Architectural masonry units including split face, weathered face, sandblasted face and ground face blocks (integrally colored);
5. Glass fiber reinforced concrete;
6. Exterior Insulation Finish Systems (EIFS) shall not be applied at a height below 12 feet
7. Fiber cement siding; and
8. Glass.
Limited Materials. The following materials shall be used on a limited basis for exterior building finishes:
1. Vinyl siding provided it is used on no more than 25 percent of the building façade; and
2. Glass curtains used for building window areas, but not occupying more than 60 percent of the ground floor façade or more than 40 percent of the upper floor facades.
Prohibited Materials. The following materials shall not be used for exterior building finishes:
1. Metal or wood siding;
2. Metal screening;
3. Fiberglass sheathing;
4. Crushed rock or crushed tumbled glass;
5. Plastic;
6. Vinyl or plywood siding; and
7. Chain link fencing (except for temporary purposes such as a construction site).

Fenestration. The arrangement, proportion and design of windows and doors (fenestration) shall conform to traditional main street buildings.

Door and window details and trim shall be suitably scaled to the wall and adjacent buildings.
Large expanses of glass used in windows and doors shall be reduced to smaller component windows reminiscent of main street vernacular when adjacent to sidewalks or other pedestrian use areas.
The total area of windows along a façade facing a street shall be a minimum of 25 percent of the area of the façade.

Parking.

Shared Parking. Shared parking allows adjacent property owners to share their parking lots and reduce the number of parking spaces that each would provide on their individual properties. Shared parking is allowed through contractual agreements between property owners which is approved by the Administrator after review by the City Attorney. The standards to reduce the required parking for a use is outlined in Section 7-1-2.04, Parking Credits and Reductions. All shared parking areas shall conform to the standards listed in Subsection D.1., above.
Structured Parking. Structured parking is encouraged in the TC district. Structured parking shall not front on The Stroll’s main street. Structured parking shall be located behind buildings facing The Stroll. Parking structures are limited to two stories.
On-Street Parking. On-street parking is permitted and encouraged in the TC district.

Bicycles. Bicycle parking with bicycle racks are required in the TC district. Each business shall provide two bicycle parking spaces near the front of the building’s entrance. Shared bicycle parking spaces are allowed as long as each business provides two parking spaces each. Bicycle racks designed as public art are encouraged in the TC district.

Dumpster Enclosures. Dumpster enclosures shall be located at the rear of each lot with a new building and shall conform to the standards set out in Section 2-3-2.01, Refuse Containers.

Rooftop Equipment. All rooftop building equipment shall be screened from public view at the ground level.

Effective on: 1/1/1901

Sec. 4-2-5.03 The Stroll Overlay (TS) District

Generally. All new development, redevelopment, and substantial improvement of principal and accessory buildings and property within the TS overlay district is subject to the standards of this Section.

Building Scale.

On-Street, Off-Site, or Common Parking. The maximum floor area ratio (FAR) shall be 0.55, or 8,500 square feet of gross floor area (g.f.a), whichever is less, subject to the standards and requirements of this Section.
On-Site Parking. The maximum floor area ratio (FAR) shall be 0.38, or 6,000 square feet of gross floor area (g.f.a.), whichever is less. (Note: The gross floor area allowable on a lot is determined by multiplying the lot size (in square feet) by 0.38. For example, the maximum allowable building size for a 13,800 square feet lot would be 5,244 square feet (13,800 X 0.38 = 5,244 sf). The FAR accounts for a minimum landscape surface ratio (LSR) of 12 percent and the required parking for commercial retail uses.

Building Height. The maximum building height shall be two stories or 35 feet, whichever is less.

Setbacks along FM 1774 / Magnolia Boulevard.

Front Yard.
1. On-Street, Off-Site, or Common Parking. The front yard is along that portion of the property line (also the right-of-way line) that abuts FM 1774 / Magnolia Boulevard. If there is a common parking lot developed for the properties within The Stroll (TS) overlay district, on-street parking, or off-site parking is secured via fee simple ownership or, approved as to form by the City Attorney, by separate legal instrument, or any combination thereof, the front setback may be reduced to 10 feet, provided the front yard remains pervious and is not used for parking or outdoor display (see Figure 4-2-5.03.1, Setbacks Along FM 1774/Magnolia Blvd. and All Other Streets: On-Street Parking, Off-Site Parking, or Common Parking).

Figure 4-2-5.03.1 Setbacks Along FM 1774/Magnolia Blvd. and All Other Streets: On-Street Parking, Off-Site Parking, or Common Parking

1. 1. On-Site Parking. The front yard is along that portion of the property line (also the right-of-way line) that abuts FM 1774 / Magnolia Boulevard. If adequate parking is not available on-street, off-site, or in a common parking lot and thus, is required to be on-site, as determined by the Planning and Zoning Commission, the front building setback (abutting FM 1774) shall be no less than 43 feet (see Figure 4-2-5.03.2, Setbacks Along FM 1774/Magnolia Blvd. and All Other Streets: On-Site Parking). This building setback is to accommodate 20’ head-in parking stalls, a 15’ vehicular access and maneuvering aisle (which may provide for cross access to adjacent parcels or as an on-site turnaround), and a three foot landscape area adjacent to the front building façade, together with a minimum five foot parking lot setback. The parking stalls may be reduced to 18’ in length provided the landscape area adjacent to the front building façade is a minimum width of five feet to allow for bumper overhang (see Section 7-2-1.01, Parking Space and Module Standards).

Figure 4-2-5.03.2 Setbacks Along FM 1774/Magnolia Blvd. and All Other Streets: On-Site Parking

1. Interior Side and Street Side Yards. The total width of interior side yards shall be 15 percent of the lot width and in no case may any one interior side yard be less than five feet. For corner lots, the total width of interior and street side yards shall be 20 percent of the lot width, and in no case may the interior side yard be less than five feet or the street side yard be less than 20 feet, or as required to comply with Section 5-2-2.06, Sight Distance Requirements.
2. Rear Yard.
  1. On-Street, Off-Site, or Common Parking. The rear yard shall have a minimum setback of 10 feet.
  2. On-Site Parking. The rear yard shall have a minimum setback of five feet. Alternatively, the rear building setback may be increased to accommodate a rear yard patio or deck, in which case the patio or deck shall have a minimum setback of five feet from the property line. The overhang of the covered portion of a patio or deck shall not encroach into the required rear setback.
3. Parking. The parking setback shall be a minimum of five feet from the property line.

Setbacks along Streets Other Than FM 1774 / Magnolia Boulevard.
1. Front Yard.
  1. On-Street, Off-Site, or Common Parking. The front yard is along that portion of the property line (also the right-of-way line) with the narrowest dimension, which abuts street right-of-way. If there is a common parking lot developed for the properties within The Stroll (TS) overlay district, allowable on-street parking, or off-site parking is secured via fee simple ownership or, approved as to form by the City Attorney, by separate legal instrument, or any combination thereof, the front setback shall be 25 feet, which shall remain pervious and shall not be used for parking or outdoor display.
  2. On-Site Parking. If adequate parking is not available on-street, off-site, or in a common parking lot and thus, is required to be on-site, as determined by the Planning and Zoning Commission, the front building setback shall be no less than 38 feet. This building setback is to accommodate 20 feet head-in parking stalls, a 15 feet vehicular access and maneuvering aisle (which may provide for cross access to adjacent parcels or as an on-site turnaround), and a three foot landscape area adjacent to the front building façade, together with a minimum five foot parking lot setback. The parking stalls may be reduced to 18 feet in length provided the landscape area adjacent to the front building façade is a minimum width of five feet to allow for bumper overhang (see Section 7-2-1.01, Parking Space and Module Standards).
  3. Interior Side and Street Side Yards. Same as those along FM 1774 / Magnolia Boulevard.
  4. Rear Yard. Same as those along FM 1774 / Magnolia Boulevard.
Site Improvements.
1. Access. If adequate parking is not available on-street, off-site, or in a common parking lot and thus, is required to be on-site, as determined by the Planning and Zoning Commission, site access shall be as follows:
  1. Common access and internal cross access is required as set out in Section 5-2-3.04, Common Access and Internal Cross Access.
  2. Access to an individual lot may only be requested and considered by the Planning and Zoning Commission for approval when common access and internal cross access is impractical or unreasonable, or a hardship is found by reason of unavoidable site constraints.
  3. Corner lots shall take access to the street of the lowest functional classification.
  4. No more than one point of ingress/egress is permitted on any individual lot.
  5. The maximum width of a point of ingress/egress is 20 feet.
2. Bufferyards. Bufferyards are not required within The Stroll (TS) overlay district.
3. Landscaping and Screening. Site landscaping shall be in accordance with Article 8-2, Landscaping Requirements, as applicable. Landscaping and screening of parking lots shall be in accordance with the provisions of Subsection G.5.b, below.
4. Lighting. Site lighting shall be in accordance with Division 6-1-5, Exterior Lighting Standards.
5. Sidewalks. Each lot or parcel shall provide a sidewalk along and parallel to its street frontage for the entire width of the lot, unless existing or provided by the City or TxDOT. All sidewalks shall be a minimum of five feet in width, and shall be continuous from property to property. Sidewalks shall be constructed of concrete.
6. Signage. Signs are permitted according to the standards set out in Chapter 6, Signs and Lighting, for the TS district.
7. Dumpster Enclosures. Dumpster enclosures shall not front on street rights-of-way or along or adjacent to The Stroll, and shall conform to the standards set out in Section 2-3-2.01, Refuse Containers.
8. Rooftop, Ground-Level, and Building-Mounted Equipment. All rooftop, ground-level, and building-mounted equipment shall be screened as set out in Section 4-2-1.06, Mechanical Equipment and Meters.
Required Parking.
1. Parking Alternatives. The minimum required parking for each use, as set out in Section 7-1-2.02, Required Parking, shall be met in one of the following ways:
  1. On-site, provided all other standards and requirements of this Section are met;
  2. Off-site secured via fee simple ownership or, approved as to form by the City Attorney, by separate legal instrument;
  3. A combination of on-site and off-site parking;
  4. Common parking for all properties within the TS district; and/or
  5. Fee-in-lieu of required parking. See Subsection G.4, Fee-in-Lieu of Required Parking, below.
2. Parking Reductions. In certain circumstances, credits or reductions of the required parking may be requested and granted by the Planning and Zoning Commission, as set out in Section 7-1-2.04, Parking Credits and Reductions.
3. Common Parking.
  1. Generally. For development in The Stroll (TS) overlay district, required off-street parking may be provided on another parcel, pursuant to the standards of this Subsection.
  2. Location of Common Parking.
    1. The distance from the boundary of the parcel proposed for development to the common parking spaces shall not exceed 2,000 feet.
    2. Common parking shall be located on property that is reasonably accessible to The Stroll, as well as the parcel proposed for development, which is also:
      1. In the TS overlay district or the Town Center (TC) district; and
      2. On the same side of FM 1774, FM 1488, and Nichols Sawmill Road as The Stroll (TS) overlay district.
  3. Parking Plan Required.
    1. All uses that propose common parking shall provide a parking plan that includes the following information:
      1. The location and names of the buildings, structures, and / or land uses for which the parking spaces are to be provided;
      2. Specific days and hours of operation of these buildings, structures, and/or land uses;
      3. Peak days and hours of operation of these buildings, structures, and/or land uses;
      4. The gross floor area (g.f.a) of these buildings, structures, and/or land uses;
      5. Parking calculations for each use that utilizes the parking lot (including applicable reductions);
      6. The location of the parking area and the distance between it and the corresponding buildings and/or land uses;
      7. The path of pedestrian travel (e.g., The Stroll, sidewalks, across certain streets, parking lot(s), etc.) between the buildings and/or land uses and the parking area;
      8. The number of parking spaces required per this Code; and
      9. The number of parking spaces proposed.
    2. Upon approval of a parking plan, a copy of such plan and the legal agreement shall be recorded at the office of the Montgomery County Clerk, and shall thereafter be binding upon the applicants, their heirs, successors, and assigns. Such recordation shall limit and control issuance of permits and certificates and the operation of all land uses and/or structures included within the parking plan.
    3. The parking plan may be amended or withdrawn pursuant to the same procedures and subject to the same limitations and requirements by which the parking plan was approved and recorded. Specifically, it may be amended or withdrawn in the event that all of the required parking is provided either on-site or within a new parking plan.
  4. Required Legal Documentation. A legal written agreement between the owners (or other parties of interest) of the properties for which common parking arrangements are proposed, shall be submitted. This legal agreement shall:
    1. Include a legal description of the principal use parcel (and the parking parcel, if different from one another);
    2. Indicate responsibilities for permanent improvement and maintenance of such parking areas;
    3. Be permanently tied to the building(s) and/or land use(s) that require the parking;
    4. Recognize the authority of the City to base decisions regarding development approvals for the parcels that are subject to the agreement upon the parking provided in the agreement and to seek enforcement against any or all parties if the parking is not provided according to the terms of the agreement; and
    5. Include a provision that the agreement cannot be terminated or amended in a manner that affects the quantity of parking spaces available to the common parcel, without the consent of the City.
  5. Review.
    1. The use of common parking is not a matter of right.
    2. The City may require a study by a parking or traffic consultant to demonstrate that there is no substantial conflict (e.g., materially increased risk of vehicular-pedestrian conflict or unreasonable traffic congestion) inherent in the proposed common parking arrangement.
4. Fee-in-Lieu of Required Parking. Parking requirements in The Stroll (TS) overlay district may be met, or partially met, through payment of a fee in-lieu according to the standards of this Subsection.
  1. Discretionary Approval of Fee-in-Lieu. In The Stroll (TS) overlay district, the Planning and Zoning Commission may recommend and the City Council may, upon request of an applicant, permit the applicant to make a payment to the City in lieu of providing off-street parking spaces. The Planning and Zoning Commission may recommend and the City Council may allow the payment of a fee in lieu if it finds that:
    1. There are site-specific physical constraints or reasonable site design requirements that restrict the ability to provide the parking on-site (e.g. site size and orientation, access restrictions, etc.).
    2. The locally historic significance of existing on-site or adjacent buildings, or other site features, would be affected adversely if the parking requirements were met on-site.
    3. The subject property is located near a common parking lot or adequate parking may be met via on-street or off-site parking.
    4. The fee-in-lieu allowance will not result in unfair impacts on any adjacent properties.
  2. "As-of-Right" Fee-in-Lieu. In The Stroll (TS) overlay district, an applicant may make a payment to the City in lieu of providing parking spaces on a lot or parcel if a minimum of 50 percent of the required parking is provided on-site or by common parking agreement (see Subsection G.3, Common Parking, above).
  3. Amount of Fee. The fee amount shall be set by resolution of the City Council and shall be computed on a per parking space basis (fractional space shall be utilized rather than rounding to the next greatest number). The fee amount shall be based upon up to 100 percent of the estimated cost of providing surface parking in or very near The Stroll (TS) overlay district for the year in which the fee is established or amended. Estimates shall be provided by the City Engineer. The fee amount may be amended by the City Council from time to time, to account for changes in the cost of providing surface parking within The Stroll (TS) overlay district.
  4. Special Fund Created. Proceeds from the in-lieu parking fee shall be deposited in a special fund, which shall be utilized for the acquisition and / or construction of parking improvements within or near The Stroll (TS) overlay district. The balance in such fund shall accrue until authorized for expenditure by the City Council. Such expenditure shall be in accordance with a program for public parking improvements adopted by the City Council. Monies from the fund shall only be expended on acquisition of land, construction costs, or operation and maintenance of the off-street parking facility within The Stroll (TS) overlay district.
  5. Refunds. Upon petition by the present owner or owners of property for which a fee was paid, monies collected pursuant to this Subsection, including any interest earned, shall be returned to the present owner or owners of the property if the fees have not been expended within seven years from the date that fees were paid, unless the City Council shall have designated the funds for expenditure on a specific parking project, in which case the City Council may, by motion, extend the time period for expenditure up to an additional three years.
5. Parking Design. If adequate parking is not available on-street, off-site, or in a common parking lot and thus, is warranted on-site, as required by the Planning and Zoning Commission, the parking lot shall be designed as follows:
  1. Parking Pavers. Surface parking within the front yard shall be constructed of permeable parking pavers, as displayed in Figure 4-2-5.03.3, Permeable Parking Pavers. Such parking surface shall be constructed in accordance with Industry Standards set out by the Interlocking Concrete Pavement Institute, as approved by the City Engineer.

Figure 4-2-5.03.3 Permeable Parking Pavers

1. 1. Landscaped and Screened. Existing parking lots and new parking lots that are constructed of concrete shall be landscaped and screened as follows:
    1. Screening shall be provided in a continuous row of shrubs across the length of all parking and vehicular use areas that are parallel to and within view of The Stroll, street right-of-way, or adjacent residential property. The shrubs shall be planted in two parallel rows, staggered and spaced no greater than 36 inches apart. The screening shall be no less than 36 inches in height within one year of planting (see Figure 4-2-5.03.4, Landscaping and Screening of On-Site Parking (if not permeable pavers)).

Figure 4-2-5.03.4 Landscaping and Screening of On-Site Parking (if not permeable pavers)

1. 1. 1. Canopy trees shall be planted on two corners of the parking lot.
    2. Canopy street trees shall be planted along the street frontage, spaced no greater than 25 feet apart. Non-canopy trees may be substituted for canopy trees at a ratio of three non-canopy per each one canopy tree, provided that there is at least one canopy tree for each 5,000 square feet of lot area, or portion thereof.
  1. Bicycle Parking. Each business shall provide no less than two bicycle parking spaces that are located within 20 feet of the building entrance.

Building Form and Design.
1. Architecture.
  1. The architectural style of the front façade of a building shall be expressed on all sides of the building.
  2. Logo buildings and logo building elements, except signage, are prohibited.
2. Orientation. Buildings shall be designed such that the principal entrance and windows face the street. For corner lots, the front shall face the lot width of the least dimension.
3. Building Materials.
  1. Building Walls. All building elevations shall be constructed of the materials listed below. Other materials may be allowed with the approval of the Planning and Zoning Commission (see Figure 4-2-5.03.5, Building Materials and Figure 4-2-5.03.6, Building Form and Design).
    1. Horizontal lap wood or fiber cement siding;
    2. Wood strip siding;
    3. Board and batten; or
    4. Glass.

Figure 4-2-5.03.5
Building Materials

Figure 4-2-5.03.6 Building Form and Design

1. 1. Roofing. Roofs shall be constructed of asphalt shingles, corrugated galvanized steel, standing seam metal panel with concealed fasteners, or flat seam metal. Other roof materials may be allowed with the approval of the Planning and Zoning Commission.
1. Roof Type. Approved roof types include those listed below. Other roof types may be allowed with the approval of the Planning and Zoning Commission (see Figure 4-2-5.03.7, Roof Types and Figure 4-2-5.03.6, Building Form and Design).
  1. Open, Box, or Dutch Gable;
  2. Stepped or Crowstepped Gable,
  3. Hip and Valley;
  4. Dormer; or
  5. Combination.

Figure 4-2-5.03.7
Roof Types

1. Transparency. Front facades shall have window openings that comprise no less than 30 percent of the first floor wall area.
2. Roof Pitch. The rise over run ratio shall be comparable to that existing within the district, and particularly the buildings on either side of a parcel proposed for development, redevelopment, or substantial improvement (see Figure 4-2-5.03.6, Building Form and Design).
3. Shed Roof or Front Porch. All buildings shall be designed to include either a shed roof or a front porch that extends across at least 50 percent of the front elevation and is a width of no less than eight feet from the front building façade (see Figure 4-2-5.03.6, Building Form and Design).
4. Colors.
  1. Exterior finish colors shall be approved by the Planning and Zoning Commission.
  2. The color of neighboring buildings that comply with this Section or which have been approved by the Planning and Zoning Commission elsewhere in The Stroll (TS) overlay district shall be considered when selecting colors for repainting or remodeling of existing structured and for new structures.
  3. Buildings may include limited use of approved, compatible accent colors.

Effective on: 1/1/1901

Magnolia City Zoning Code

CHAPTER 4

Design Standards

Sec. 4-1-1.01 Purpose

Effective on: 1/1/1901

Sec. 4-1-1.02 Application

Generally. The standards of this Chapter apply to new development, redevelopment, substantial improvement, and expansion of nonresidential and mixed-use buildings, as described below.

Effective on: 1/1/1901

Sec. 4-2-1.01 Purpose and Applicability

Applicability.

Relationship to Other Standards. The standards of this Section are in addition to all other standards of this UDC, unless the other standards specifically supersede them. If any provision of this UDC conflicts with any other provision of this UDC, any other Ordinance of the City, or any applicable State or Federal law, the more restrictive provision shall apply unless it is preempted. As adopted by the Texas Legislature in 2019 H.B. 2439*, (now chapter 3000, of the Texas Government Code). Please see Appendix C.
Relationship to Building Scale. The standards are organized by building scale, as follows:
1. Sites, Buildings, or Centers less than 12,000 square feet. A single use site or a mixed-use or multi-tenant building or center with a gross floor area of less than 12,000 square feet shall comply with the provisions set out in Section 4-2-1.02, Applicability to Development Types.
2. Sites, Buildings, or Centers greater than 12,000 square feet. A single use site or a mixed-use or multi-tenant building or center with a gross floor area of greater than 12,000 square feet shall comply with the provisions set out in Section 4-2-1.02, Applicability to Development Types.

(Ord. No. O-2020-006, 02/11/2020)

Effective on: 2/11/2020

Sec. 4-2-1.02 Applicability to Development Types

Section 4-2-1.03, Façade Treatments, Subsection A, Sites, Buildings, and Centers less than 12,000 square feet;
Section 4-2-1.04, Exterior Wall Finish Materials;
Section 4-2-1.06, Mechanical Equipment and Meters; and
Section 4-2-1.07, Service Bays.
Section 4-2-1.08 Preconstructed Buildings.

(Ord. No. O-2020-029, 11/10/2020)

Effective on: 11/10/2020

Sec. 4-2-1.03 Façade Treatments

Sites, Buildings, and Centers that are less than 12,000 Square Feet.

Elevations. Elevations of building walls that are within direct public view shall have certain percentages of decorative façade surfaces as follows:
1. Front Elevation. The building elevation(s) fronting on or most directly facing public or private street right-of-way, a street easement, or access easement shall be constructed of or faced with a decorative building material on 75 percent of the façade elevation, excluding doors.
2. Side Elevation. Decorative building materials are required on side elevations as follows:
  1. Street Facing. A side elevation fronting on or most directly facing public or private street right-of-way, a street easement, or access easement shall be constructed of or faced with a decorative building material on 50 percent of the façade elevation, excluding doors.
  2. Abutting Parking Lot or Drive-Through. A side elevation that abuts a drive-through lane or a parking lot with a parking module width of 40 feet or more of the same or an adjacent or abutting property shall be constructed of or faced with a decorative building material on 25 feet or 25 percent of the façade elevation, whichever is greater.
  3. Other Conditions. All other side elevations may be constructed of or faced with decorative materials on 50 percent of the façade elevation. For these conditions, landscape screening along the façade elevation shall be provided as set out in (2) above.
3. Rear Elevation. The building elevation facing the rear of the property may be constructed of or faced with non-decorative materials on 100 percent of the façade elevation.
Decorative and Non-Decorative Building Materials. Decorative and non-decorative building materials are as set out in Section 4-2-1.04, Exterior Wall Finish Materials.

Sites, Buildings, and Centers that are greater than 12,000 Square Feet.

Elevations. Elevations of building walls that are within direct public view shall have certain percentages of decorative façade surfaces as follows:
1. Front Elevation. The building elevation(s) fronting on or most directly facing public or private street right-of-way, a street easement, or access easement shall be constructed of or faced with a decorative building material on 75 percent of the façade elevation, excluding doors.
2. Side Elevation. Decorative building materials are required on 60 percent of all side elevations, including temporary side walls.
3. Rear Elevation in Public View.
  1. A rear elevation that is within direct public view from any public or private street rights-of-way or a parking lot or drive-through of the same or an adjacent or abutting property, such as an out-parcel, shall be constructed of or faced with decorative building materials on 100 percent of the façade elevation.
  2. The building elevation facing the rear of the property may be constructed of or faced with non-decorative materials on 50 percent of the façade elevation.
Decorative and Non-Decorative Building Materials. Decorative and non-decorative building materials are as set out in Section 4-2-1.04, Exterior Wall Finish Materials.

Effective on: 1/1/1901

Sec. 4-2-1.04 Exterior Wall Finish Materials

Decorative Building Materials. The decorative materials used for building exterior finishes shall be proven high-quality, durable materials. These materials include:

Brick, including thin brick;
Stone, including cast stone;
Portland cement stucco with a weather barrier layer and wall drainage system;
Architectural masonry units including split face, weathered face, sandblasted face and ground face blocks; and
Glass.

Limited Materials. Materials that may be permitted subject to the advanced approval of the Administrator, who may seek the approval of the Commission, include, but are not limited to:

Embossed or prefinished architectural metal panel (26+ gauge), which has an appearance of masonry, stucco, or any other appearance that is approved (applicable only for buildings with a gross floor area less than 12,000 square feet);
Glass curtains used for building window areas, but not occupying more than 60 percent of the ground floor façade or more than 40 percent of upper floor façades; and
Architectural Decorative Metal.

Non-Decorative Materials.

Embossed or prefinished architectural metal panel (26+ gauge), which has an appearance of masonry, stucco, or any other appearance that is approved (applicable only buildings with a gross floor area greater than 12,000 square feet);
Exterior Insulation and Finish Systems (EIFS) used in the following ways:
1. To finish building accents (e.g., columns or window trims);
2. To finish building walls that are located on the side or rear of a building, provided that the EIFS material is installed at least 12 feet above grade; or
3. To use as a wall drainage system (provided that barrier wall systems are prohibited)
Smooth-faced, finished concrete masonry units;
Metal panel [26+ gauge] (commonly known as R-Panels);
Fiber cement siding; and
Fiber board

Prohibited Materials. The use of the following building materials for exterior walls, siding, or cladding is prohibited.

Prefabricated metal wall panels;
Corrugated metal panel, except as approved by the Commission;
Smooth-faced, unfinished concrete block;
Metal siding; and
The use of the following for exterior walls, siding, or cladding is prohibited:
1. Plywood; and
2. Plastic.

They are part of a building that is designed to achieve a Leadership in Energy and Environmental Design (LEED) certification, and the materials qualify for LEED points under both the "energy and atmosphere criteria" and the "materials and resources criteria" of the LEED checklists (e.g. Green Building Council or USGBC); or
They are part of a building that is EPA certified as designed to earn the ENERGY STAR, and the materials substantially improve the energy efficiency of the building compared to materials that are permitted above; or
They are pre-approved for use by the Commission.

Effective on: 1/1/1901

Sec. 4-2-1.05 Building Form and Design

Building Form.

Buildings that cover up to 30,000 square feet of gross floor area shall have moderate changes in height or roof line, which can be accomplished by one or more of the following techniques:
1. Dormers with ridge lines that are three feet or more below the ridge line of the roof.
2. A compound roof shape, in which the highest ridge line and the lowest ridge line have a height difference of two to five feet.
3. Parapet walls that vary in height from two to four feet and which are designed of equal or greater height to screen from public view all rooftop mechanical equipment.
4. Towers that have a height that is four to six feet above the highest peak or ridge of the roof or highest point of the parapet.
Buildings that cover 30,000 square feet of gross floor area or more, but less than 60,000 square feet of gross floor area shall have major changes in height or roof line, which can be accomplished by one or more of the following techniques:
1. A compound roof shape, in which the highest ridge line and the lowest ridge line have a height difference of five or more feet; and/or
2. Parapet walls that vary in height by more than four feet, are proportional to the building, and which are designed of equal or greater height to screen from public view all rooftop mechanical equipment; and/or
3. Towers that have a height that is more than six feet above the highest peak or ridge of the roof or highest point of the parapet. The mass of such towers shall be proportional to the building, so that the towers appear as substantial, but not overwhelming, architectural elements; and/or
4. Ground-level arcades and second floor galleries/balconies; and/or
5. Other features that reduce the apparent mass of a building.
Buildings that cover more than 60,000 square feet of gross floor area shall have major changes in height or roof line, which shall, in addition to the requirements for buildings that cover 30,000 square feet of gross floor area or more, include:
1. Significant architectural features to identify principal entrances; and
2. Elements such as towers or significant projections from the building to break up the building mass.

Figure 4-2-1.05.1 Architectural Detailing

Multi-Story Buildings. Buildings with more than two stories shall be designed with a clearly differentiated base, middle, and top.
1. Building Base. A recognizable base shall include, but shall not be limited to:
  1. Thicker walls, ledges, or sills.
  2. Integrally textured, colored, or patterned materials such as stone or another approved masonry.
  3. Raised planters, which are integral to the building façade.
2. Building Top. A recognizable top shall include, but shall not be limited to:
  1. Cornice treatments, other than just colored stripes or bands, with integrally textured materials such as stone or another approved masonry or differently colored materials.
  2. Sloping roofs with eaves and brackets.
Building Dimensions.
1. Maximum Horizontal Dimension. No building wall shall have an uninterrupted horizontal dimension of more than 80 feet for buildings with footprints 12,000 square feet and larger and no more than 40 percent of the façade length for buildings with footprints smaller than 12,000 square feet in area.
2. Required Offsets. Building walls with a horizontal dimension of more than 80 feet shall have clearly pronounced projections or recesses of at least six feet, and at least two feet for buildings with a horizontal dimension of less than 80 feet, measured perpendicular to the vertical plane of the wall. These projections or recesses shall be spaced not more than 80 feet apart. Projections or recesses shall have a horizontal dimension parallel to the building wall from which the offset is measured of at least the lesser of:
  1. 20 feet; or
  2. 20 percent of the building façade (see Figure 4-2-1.05.2, Required Offsets).
3. Entryways. Entryways to bays that are larger than 30,000 square feet shall project not less than six feet from the façade. This shall be represented by a change in the wall of the building and not only in a covered entry.

Figure 4-2-1.05.2 Required Offsets

Roofing.
1. Styles. Flat roof and pitched roof systems are allowed, subject to the following standards:
  1. Mansard roofs are not allowed.
  2. Any material that is permitted by building code is allowed on flat roof systems.
  3. Flat roof systems shall be hidden by parapet walls that are of equal or greater height to screen from public view all rooftop mechanical equipment.
2. Approved Materials. Roofing materials used on pitched roof systems shall be proven, high-quality, durable materials, including:
  1. Architectural shingles;
  2. Concrete tile;
  3. Slate;
  4. Architectural standing seam metal;
  5. Building integrated photovoltaics (solar panels that double as roofing material);
  6. Green roof systems (encouraged); or
  7. Others approved by the Administrator and the Commission.
3. Prohibited Materials. Corrugated metal and other roofing materials that are not listed in (2) above are prohibited.
Elevations.
1. Front Elevation. The front elevation shall have:
  1. Architectural features that animate the façade along its entire length spaced at intervals of not more than 30 feet in horizontal distance. These features shall include wall sconces, display windows, faux windows, brick patterning, entry areas, towers, pilasters, columns, horizontal and vertical offsets, and/or other elements that create a pattern of light and shadow on the building wall (see Figure 4-2-1.05.3, Architectural of Front Elevations).
  2. Awnings, arcades, or overhangs that project at least six feet along not less than 80 percent of the façade for buildings with footprints of 12,000 square feet and larger, and shall connect to all building entrances along the façade.

Figure 4-2-1.05.3 Architecture of Front Elevations

1. Side and Rear Elevations. Side and rear elevations shall have:
  1. Architectural features that animate no less than 60 percent of the façade nearest the front elevation. These features shall:
    1. Include awnings, arcades, or overhangs that project at least six feet and connect to awnings, arcades, or overhangs on the front elevation; and
    2. Be spaced at intervals of not more than 12 feet in horizontal distance; and
    3. Include wall sconces, display windows, entry areas, towers, pilasters, columns, horizontal and vertical offsets, and other elements that create a pattern of light and shadow on the building wall (see Figure 4-2-1.05.4, Architecture on Side and Rear Elevations).

Figure 4-2-1.05.4 Architecture on Side and Rear Elevations

1. 1. No blank wall surfaces that extend for more than 30 feet in horizontal distance or 15 feet in vertical distance;

Transparency. Front elevations shall be glazed and transparent along 50 percent of the pedestrian view plane, unless the Administrator determines that the required transparency is inconsistent with the operational requirements of the building. Glazing shall be considered to be transparent if it is 100 percent transparent from both the exterior and interior of the building.
Awnings and Canopies. Awnings and canopies, if installed, shall meet the following standards:
1. Construction. Awnings and canopies shall be attached and integral to the principal structure.
2. Obstruction. Awnings and canopies shall not completely obstruct any window. Transom windows may be located under awnings and canopies.
3. Support. Canopies shall have columns, beams, and/or brackets of adequate size to give both structural and visible means for support.
4. Materials. Awnings and canopies shall be constructed of durable, protective, and water repellant materials (e.g. cloth, fabric, canvas, glass, steel, standing seam metal, architectural metal, and/or perforated metal (not corrugated)). Vinyl and fiberglass awnings are prohibited.
5. Lighting. Backlit or internal illuminated awnings or canopies are prohibited. Acceptable fixtures and methods of illumination include:
  1. Recessed fixtures incorporating a lens cover that is either recessed or flush with the bottom surface (ceiling) of the canopy.
  2. Indirect lighting where light is beamed upward and then reflected down from the underside of the canopy. Indirect lighting fixtures shall be shielded such that direct illumination is focused exclusively on the underside of the canopy.
6. Length. Awnings/canopies shall be no longer than a single storefront.
7. Color. Awning/canopy colors shall be compatible with the overall color scheme of the façade from which it projects. Solid colors or subtle striped patterns are preferred.
8. Projection. Awnings/canopies are allowed to project to within two feet of the curb line.
9. Clearance. A minimum clearance of eight feet from finished grade to the bottom of the awning/canopy is required. Drive-under canopies shall not exceed 16 feet in height.
10. Freestanding Canopies. Freestanding or semi-freestanding canopies, such as those used as shelters for pump islands and porte-cocheres shall be of similar style, material, color, and lighting as those attached to the principal building.
Building Entrances. Each building, regardless of size, shall have clearly-defined, highly-visible customer entrances that include at least three of the following architectural features:
1. Canopies, porticos, arcades, or overhangs;
2. Recesses or projections;
3. Raised corniced parapets;
4. Over the door or peaked roof forms;
5. Arches;
6. Outdoor patios or plazas;
7. Display windows;
8. Obviously differentiating architectural details such as moldings that are integrated into the building structure and design; and/or
9. Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.
Architecturally Significant.
1. Existing and new building designs may be considered if the proposed project:
  1. Is exceptional in the quality of detailing, appearance, and materials;
  2. Creates a positive unique relationship to other nearby structures, views, or open space; and
  3. Is not in violation of any provision of Chapter 14, Buildings and Building Regulations, of the City of Magnolia Municipal Code;
1. Any applicant whom files for their project to be granted under the architecturally significant standard has the burden to demonstrate to the local governing body why the application meets this standard.

Effective on: 1/1/1901

Sec. 4-2-1.06 Mechanical Equipment and Meters

Generally. Mechanical equipment associated with building operations (e.g., HVAC systems, electric meter banks, etc.) shall be screened as set out in this Section.

Roof-Mounted Equipment. Mechanical equipment shall be fully screened from ground level views from all adjacent property and rights-of-way by:

Parapet walls, which shall include cornice treatments that are of adequate height to fully screen the equipment (a slope of one foot rise per 25 feet of run shall be used to determine if the wall is of adequate height); or
Screening walls of adequate height to fully screen the equipment, which use materials and colors that match or are consistent with the design of the principal building; or
Sloped roof systems or other architectural elements of adequate height to fully screen the equipment from all adjacent property and rights-of-way.

Effective on: 1/1/1901

Sec. 4-2-1.07 Service Bays

Generally. Use types that have service bays with overhead doors shall be oriented and designed as set out in this Section.

Standards. Overhead doors providing access to service bays shall be designed or screened as follows:

Provided the size, shape and orientation of the site allows, a building wall with overhead doors shall be perpendicular to public or private street rights-of-way.
Due to the size, shape, and orientation of the site and other functional considerations, overhead doors that front or most directly face public or private street right-of-way shall be painted to match the wall façade and shall include windows.

Effective on: 1/1/1901

Sec. 4-2-1.08 Preconstructed Buildings

Generally. Use of preconstructed buildings may not be used as the principal structure on a nonresidential or mixed-use lot.

Preconstructed buildings including industrial units, portable buildings and modular structures may not be used as the principle structure on a nonresidential site.

Where Allowed. Preconstructed buildings are allowed:

On Public Use lots subject to Sec. 2-2-1.06 Temporary Uses.
On Industrial lots subject to Sec. 2-3-5.02 Other Uses.

(Ord. No. O-2020-029, 11/10/2020)

Effective on: 11/10/2020

Sec. 4-2-2.01 Single-Family and Two-Family Lots

Figure 4-2-2.01 Building Placement

Building Entrances. All single-family residences and single building residential developments shall be designed such that a primary entrance and windows face a public street.
Maximum Number of Buildings per Lot. There shall be a maximum of one principal building per single-family residential lot.
Windowless Walls. Lot-line and patio variant lot-line dwelling units shall not be designed with windows that provide views into the side yards of abutting property. However, windows may be permitted in walls designated as windowless, only if it is demonstrated that:
1. The adjoining land is a public right-of-way or easement;
2. Windows are frosted or composed of glass block, do not open, are materially offset from windows of any type on adjoining property, and satisfy all applicable building and fire code requirements; or
3. The adjoining land is commonly owned or public open space.

Effective on: 1/1/1901

Sec. 4-2-2.02 Exterior Wall Finish Materials

Exterior walls or elevations shall be constructed of fire-resistant exterior materials including:

Masonry;
Stucco;
Fiber-cement siding; or
Any other fire-resistant exterior cladding that meets the intent of this section.

Effective on: 1/1/1901

Sec. 4-2-3.01 Manufactured Home Parks and Subdivisions

Generally. All manufactured home parks and manufactured home subdivisions shall meet the standards of this Section.

Manufactured Home Parks. The contiguous area of a manufactured home park shall have a minimum of three acres and a maximum of 10 acres. The following shall apply to manufactured home parks:

Gross Site Area. The minimum and maximum site area shall be as set out in Table 3-1-1.03, Use, Lot and Building Standards for Existing Neighborhoods.
Gross Site Area. The minimum and maximum site area shall be as set out in Table 3-1-1.03, Use, Lot and Building Standards for Existing Neighborhoods.
Separation between Units. The minimum separation between manufactured home units and attached accessory structures and any other manufactured home unit and/or accessory structure shall be 15 feet.
Separation and Setback for Accessory Buildings.
1. An accessory building on a manufactured home space shall maintain a minimum rear and side yard setback of five feet; and
2. A minimum of 10 feet shall be provided between any manufactured home and an unattached accessory building.
Perimeter Setbacks. Each manufactured home park shall have a minimum perimeter setback of 30 feet from adjacent nonresidential districts or uses and 50 feet from adjacent residential districts or uses. No space for a dwelling unit or any other structures shall be permitted in the required setback.
Open Space. Each manufactured home park shall provide a minimum of one acre open recreational space.
Access to Public Streets. Each manufactured home park must abut and shall have access to a dedicated public street with a right-of-way of at least 60 feet. Direct access to a manufactured home space from a public street is prohibited.
Vehicular Circulation. The manufactured home park must provide interior vehicular circulation on a private internal street system. Minimum interior street width shall be 27 feet. The street system shall be continuous and connected with other internal and public streets; or shall have a cul-de-sac with a minimum diameter of 90 feet. No cul-de-sacs shall exceed 300 feet in length.
Sidewalks. Each manufactured home park shall provide a sidewalk system to connect each manufactured home space to common buildings or community facilities constructed for the use of its residents, as well as to the fronting public right-of-way. Sidewalks shall be as set out in Section 5-2-2.07, Sidewalks.
Utilities. Utility services shall be as set out in Section 5-1-5.10, Utility Standards.
Financial Responsibility. Each applicant for a manufactured home park shall demonstrate their financial capability to complete the project, including provision of and commitment for a construction schedule.

Manufactured Home Subdivisions.

Manufactured home subdivisions shall be constructed in accordance with the minimum design standards set forth by the U.S. Department of Housing and Urban Development and display certification of compliance; and
Manufactured home subdivisions shall be as set out in Table 3-1-1.03, Use, Lot and Building Standards for Existing Neighborhoods.

Effective on: 1/1/1901

Sec. 4-2-4.01 Multi-Family Housing

Generally. All multi-family developments shall meet the standards of this Section.

Building Walls.

Not less than 75 percent of first floor building walls, exclusive of windows and door openings, shall be finished with masonry construction, such as brick, stone, or simulated stone.
Siding shall be masonry or cement fiberboard. Siding shall be traditional profiles such as four-inch to eight-inch horizontal beveled or shake. Siding surfaces may not cover more than 75 percent of any wall surface and may not extend to the ground level.
Stucco and Exterior Insulated Finishing Systems (EIFS) are permitted as an accent material and if used shall be made to look like traditional wall cornices, soffits, window trim, and similar architectural elements. .
EIFS may be installed no less than ten feet above the finished floor level.

Building Elements.

Awnings, where installed, shall be constructed with fabric or metal coverings. Plastic coverings are prohibited.
Elements such as eaves, rakes, cornice lines, or frieze boards shall be used to contribute to the visual interest of the building.
Columns, cornices, and similar elements shall be natural or simulated natural elements such as wood, composite material, architectural metal, or stone.
Balcony and railing materials may be different than the materials used on exterior walls.

Roofs.

Sloped roofs shall be covered with quality materials, comparable to slate, concrete tile, dimensional shingles, metal shingles, or architectural metal seam roofing.
No rooftop mechanical equipment or window/wall mounted air conditioning units shall be visible from the street level.
Monolithic roof structures that cover more than 4,000 square feet shall include changes in direction, or treatments which break up the appearance of mass. Such treatments may include elements such as dormers, towers, or chimneys.

Stairs. Stairs that provide primary access to units on upper floors shall be covered.

Effective on: 1/1/1901

Sec. 4-2-5.01 Unity Plaza (UP) District

Generally. All new building facades that are visible from a public street, public park, or open space shall be articulated according to this Section.

Building Articulation and Architectural Features.

Horizontal Articulation. Front building facades shall be modulated with horizontal offsets of no greater than four feet, recessed entries, or protrusions, where applicable. The maximum width of building facades (measured horizontally along the building exterior) without modulation shall be 30 feet.
Horizontal Elements. All buildings shall incorporate elements that divide façade planes and create a visual play of light and shadow. Long, uninterrupted horizontal elements are prohibited. Building articulation shall be accomplished with design elements as follows with articulation intervals that do not exceed 30 feet:
1. Repeating distinctive window patterns at intervals less than the articulation interval;
2. Covered entry;
3. A change in the roofline by alternating parapet heights; and
4. A change in building materials that corresponds to a change in building plane.
Roofs. Rooflines shall be individually distinguishable with variations of height of no less than two feet. Roofs shall relate to the building façade articulations. For flat roofs or facades with a horizontal eave, fascia, or parapet, the roof line shall be changed so that no unmodulated segment of the roof exceeds 40 feet in horizontal dimension. Mansard roofs are not permitted.
Vertical Articulation. Vertical articulation shall be provided. To moderate the vertical scale of buildings, the design shall include techniques to clearly define the building’s top and bottom. The following techniques are suggested methods of achieving vertical articulation:
1. At the top of the building, strong eave lines, cornice treatments, and horizontal architectural detailing shall be used. This treatment shall return into alleyways a minimum of 20 linear feet and shall be provide the full length of the any façade visible to the public.
2. The second story (top) elevation of the buildings shall have windows. Other items such as balconies, material changes, railings, and similar treatments which unify the building design shall be incorporated.
3. The first floor (bottom) elevation of the building shall have pedestrian-oriented storefronts with large windows. The storefronts shall include kick plates below windows, awning and hanging signs, and arcades. In cases where the storefront is located on a corner lot, the storefront shall be located on both frontages.
First Floor (Bottom) Level. At the first floor level, buildings shall have:
1. One or more storefronts with recessed entrances.
2. Awnings and hanging signs.
3. Seasonal planters/landscaping.
Blank Walls.
1. Blank walls shall not be visible from a street, public park, or open space.
2. If property is redeveloped including improvements totaling more than 50 percent of the assessed value of the property, and visible from a street, public park, open space, or adjacent lot, shall be treated in one or more of the following ways:
  1. A vertical trellis in front of at least 50 percent of the wall’s horizontal length, with climbing vines or plant materials installed at its base.
  2. A landscaped planting bed at least six feet wide, or raised planter bed (constructed with the same materials as the building façade) at least two feet high and three feet wide in front of the wall. Plant materials that will obscure or screen at least 50 percent of the wall’s surface within three years shall be planted in the planting bed or raised planter.
  3. Regular fenestration that is consistent with that of the front façade.
3. Blank walls that become exposed by reason of the razing or removal of an adjacent, abutting building shall treat the wall surface as set out in Subsection 6.b., above. If such treatment may not be accomplished on the property of the remaining building or is not practicable, as determined by the Administrator, the blank wall shall be exempt from these requirements.
4. Treatment of blank walls is to be proportional to the front façade.
Logo Buildings and Building Elements.
1. Prototype design for franchises should use customized components that are consistent with the City’s character and reinforce visual consistency with other adjacent buildings.
2. Logo buildings are prohibited.
3. Logo building elements are prohibited.

Figure 4-2-5.01.1 Historical Building Features

1. Form. Structures with multiple component forms are to be integrated for visual unity.
2. Awnings and Signage. Awnings shall be designed as follows:
  1. Materials:
    1. Awnings shall be constructed of high-quality materials such as canvas and high quality fabric.
    2. Bubble, box, or shiny plastic awnings are prohibited.
  2. Design:
    1. Awnings shall be designed to be simple and historically compatible to the City’s character.
    2. Awnings shall not be installed so as to obscure significant architectural details of a building.
    3. Mansard awnings are prohibited.
    4. Awnings shall not be installed so as to extend across more than one storefront, and shall not exceed the lesser width of a single building or building module.
    5. Solid color or two-color striped awnings are permitted. Corporate colors on awnings are permitted only if they are architecturally compatible with the building on which the awning is attached. Overly iridescent or fluorescent colors are prohibited.
    6. Awnings shall be a minimum height of eight feet.
    7. Awnings are permitted to encroach two feet into the right-of-way.
  3. Signage.
    1. Signage on awnings is limited to the vertical drip or flat face (perpendicular to the street or sidewalk) of an awning, and shall not be permitted on the sides or top slope of an awning.
    2. Hanging signs are permitted at a minimum height of eight feet.
    3. Way finding signs approved by the City are permitted in the UP District.
  4. Access. Building access shall be adapted to site conditions for level, convenient, obvious entry.
  5. Required Design Features. New buildings shall incorporate the following elements that are compatible with main street character design:
    1. Decorative rooflines, for example, an ornamental molding, frieze, or other roofline devices visible from the first floor level. If the roofline decoration is in the form of a linear molding or board, then the molding or board must be at least eight inches wide.
    2. Decorative treatment of windows and doors, for example, decorative molding/framing details around all first floor windows and doors, decorative glazing, or door designs located on facade facing streets, public parks, or open spaces.

Building Entries.
1. Demarcation. Primary public entrances shall be clearly defined with traditional architectural detailing and landscape features such as ornamental paving, tile work, planters and/or planting beds, or awnings.
2. Form and Scale. Building entrances shall have a form and scale that is comparable to the traditional main street character.
Building Materials and Finishes. New building construction materials and finishes shall reflect traditional “main street” vernacular building materials. Generally, facades that reflect the heritage of the City shall be retained. However, facades of vintage buildings may be adapted to contemporary use with compatible materials.
1. Permitted Materials.
  1. Brick;
  2. Stone;
  3. Cast stone;
  4. Rock;
  5. Marble;
  6. Granite;
  7. Glass block (maximum 20 percent);
  8. Tile;
  9. Stucco and plaster;
  10. Split faced concrete which is integrally colored with pattern and texture; and
  11. Exterior Insulation Finish Systems (EIFS) shall not be applied at a height below 12 feet.
2. Prohibited Materials.
  1. Metal or wood siding;
  2. Metal screening;
  3. Fiberglass sheathing;
  4. Crushed rock or crushed tumbled glass;
  5. Plastic;
  6. Vinyl or plywood siding; and
  7. Chain link fencing (except for temporary purposes such as a construction site).
Transparency and Fenestration.
1. Transparency.
  1. The storefront of a building shall have a minimum transparency of 70 percent.
  2. Other facades which are not the storefront shall provide a minimum of 15 percent transparency.
  3. Transparent glazing which is clear or limited to UV tent is permitted.
  4. Mirrored glass is prohibited.
2. Fenestration. The arrangement, proportion and design of windows and doors (fenestration) shall conform to traditional main street buildings.
  1. The height to width ratio of single openings and group openings shall be proportionately scaled to the wall and adjacent buildings.
  2. Door and window details and trim shall be suitably scaled to the wall and adjacent buildings.
  3. Large expanses of glass used in windows and doors shall be reduced to smaller component windows reminiscent of traditional main street vernacular when adjacent to sidewalks or other pedestrian use areas.
  4. The total area of windows along a façade facing a street shall be a minimum of 25 percent of the area of the façade.
Parking.
1. Shared Parking. Shared parking allows adjacent property owners to share their parking lots and reduce the number of parking spaces that each would provide on their individual properties. Shared parking is allowed through contractual agreements between property owners which is approved by the Administrator after review by the City Attorney. The standards to reduce the required parking for a use is outlined in Section 7-1-2.04, Parking Credits and Reductions. All shared parking areas shall conform to the standards listed in Subsection G.1., above.
2. Structured Parking. Structured parking is encouraged in the UP district. Structured parking shall not front on a main street unless the structure’s façade is comparable to other facades in the district. The first floor of the parking structure fronting on a main street shall consist of commercial development with parking behind and above the development. Parking structures are limited to two stories.
3. On-Street Parking. On-street parking is permitted and encouraged in the UP district.
Sidewalks and Bicycles.
1. Sidewalks. Sidewalks shall be a minimum of eight feet in width and shall be designed with brick and/or pavement patterns at crosswalks. The use of concrete with high albedo content is encouraged to increase the solar reflectivity of the sidewalk.
2. Bicycles. Bicycle parking with bicycle racks are required on each city block within the UP district. There shall be a minimum of 5 bicycle parking spaces per block, however, the bicycle parking spaces may be staggered within the city block. Bicycle racks designed as public art are encouraged.
Dumpster Enclosures. Dumpster enclosures shall be located at the rear of each lot with a new building and shall conform to the standards set out in Section 2-3-2.01, Refuse Containers.
Rooftop Equipment. All rooftop building equipment shall be screened from public view at the ground level.
Rainwater Harvesting. The use of rain barrels is permitted as an accessory use in the UP district for the collection of rainwater. The following standards shall apply to rain barrels:
1. Rain barrels shall be located at the rear of a lot in the same place as the refuse container;
2. Rain barrels shall be screened from public view in the same manner as refuse containers which is outlined in Section 2-3-2.01, Refuse Containers, or by painting the rain barrels in the same color as the principle building;
3. Rain barrels must be covered with a screen to allow the water to filter in but to prevent the breeding of mosquitoes if the top is open and no lid is used. If the rain barrel contains an overflow on the side, it too must have screening as well;
4. If the rain barrel lid is fitted to feed directly from a downspout, and it has no other openings, then a screen is not required; and
5. No more than four rain barrels are permitted per property and may not exceed 55 gallons each.

Effective on: 1/1/1901

Sec. 4-2-5.02 Town Center (TC) District

Generally. All new building facades located in the TC district that are visible from a public street, public park, or open space shall be articulated according to this Section.

Permitted Materials. The following materials shall be used for exterior building finishes:
1. Brick, including thin brick;
2. Stone, including cast stone;
3. Portland cement stucco;
4. Architectural masonry units including split face, weathered face, sandblasted face and ground face blocks (integrally colored);
5. Glass fiber reinforced concrete;
6. Exterior Insulation Finish Systems (EIFS) shall not be applied at a height below 12 feet
7. Fiber cement siding; and
8. Glass.
Limited Materials. The following materials shall be used on a limited basis for exterior building finishes:
1. Vinyl siding provided it is used on no more than 25 percent of the building façade; and
2. Glass curtains used for building window areas, but not occupying more than 60 percent of the ground floor façade or more than 40 percent of the upper floor facades.
Prohibited Materials. The following materials shall not be used for exterior building finishes:
1. Metal or wood siding;
2. Metal screening;
3. Fiberglass sheathing;
4. Crushed rock or crushed tumbled glass;
5. Plastic;
6. Vinyl or plywood siding; and
7. Chain link fencing (except for temporary purposes such as a construction site).

Fenestration. The arrangement, proportion and design of windows and doors (fenestration) shall conform to traditional main street buildings.

Door and window details and trim shall be suitably scaled to the wall and adjacent buildings.
Large expanses of glass used in windows and doors shall be reduced to smaller component windows reminiscent of main street vernacular when adjacent to sidewalks or other pedestrian use areas.
The total area of windows along a façade facing a street shall be a minimum of 25 percent of the area of the façade.

Parking.

Shared Parking. Shared parking allows adjacent property owners to share their parking lots and reduce the number of parking spaces that each would provide on their individual properties. Shared parking is allowed through contractual agreements between property owners which is approved by the Administrator after review by the City Attorney. The standards to reduce the required parking for a use is outlined in Section 7-1-2.04, Parking Credits and Reductions. All shared parking areas shall conform to the standards listed in Subsection D.1., above.
Structured Parking. Structured parking is encouraged in the TC district. Structured parking shall not front on The Stroll’s main street. Structured parking shall be located behind buildings facing The Stroll. Parking structures are limited to two stories.
On-Street Parking. On-street parking is permitted and encouraged in the TC district.

Dumpster Enclosures. Dumpster enclosures shall be located at the rear of each lot with a new building and shall conform to the standards set out in Section 2-3-2.01, Refuse Containers.

Rooftop Equipment. All rooftop building equipment shall be screened from public view at the ground level.

Effective on: 1/1/1901

Sec. 4-2-5.03 The Stroll Overlay (TS) District

Building Scale.

On-Street, Off-Site, or Common Parking. The maximum floor area ratio (FAR) shall be 0.55, or 8,500 square feet of gross floor area (g.f.a), whichever is less, subject to the standards and requirements of this Section.
On-Site Parking. The maximum floor area ratio (FAR) shall be 0.38, or 6,000 square feet of gross floor area (g.f.a.), whichever is less. (Note: The gross floor area allowable on a lot is determined by multiplying the lot size (in square feet) by 0.38. For example, the maximum allowable building size for a 13,800 square feet lot would be 5,244 square feet (13,800 X 0.38 = 5,244 sf). The FAR accounts for a minimum landscape surface ratio (LSR) of 12 percent and the required parking for commercial retail uses.

Building Height. The maximum building height shall be two stories or 35 feet, whichever is less.

Setbacks along FM 1774 / Magnolia Boulevard.

Front Yard.
1. On-Street, Off-Site, or Common Parking. The front yard is along that portion of the property line (also the right-of-way line) that abuts FM 1774 / Magnolia Boulevard. If there is a common parking lot developed for the properties within The Stroll (TS) overlay district, on-street parking, or off-site parking is secured via fee simple ownership or, approved as to form by the City Attorney, by separate legal instrument, or any combination thereof, the front setback may be reduced to 10 feet, provided the front yard remains pervious and is not used for parking or outdoor display (see Figure 4-2-5.03.1, Setbacks Along FM 1774/Magnolia Blvd. and All Other Streets: On-Street Parking, Off-Site Parking, or Common Parking).

Figure 4-2-5.03.1 Setbacks Along FM 1774/Magnolia Blvd. and All Other Streets: On-Street Parking, Off-Site Parking, or Common Parking

1. 1. On-Site Parking. The front yard is along that portion of the property line (also the right-of-way line) that abuts FM 1774 / Magnolia Boulevard. If adequate parking is not available on-street, off-site, or in a common parking lot and thus, is required to be on-site, as determined by the Planning and Zoning Commission, the front building setback (abutting FM 1774) shall be no less than 43 feet (see Figure 4-2-5.03.2, Setbacks Along FM 1774/Magnolia Blvd. and All Other Streets: On-Site Parking). This building setback is to accommodate 20’ head-in parking stalls, a 15’ vehicular access and maneuvering aisle (which may provide for cross access to adjacent parcels or as an on-site turnaround), and a three foot landscape area adjacent to the front building façade, together with a minimum five foot parking lot setback. The parking stalls may be reduced to 18’ in length provided the landscape area adjacent to the front building façade is a minimum width of five feet to allow for bumper overhang (see Section 7-2-1.01, Parking Space and Module Standards).

Figure 4-2-5.03.2 Setbacks Along FM 1774/Magnolia Blvd. and All Other Streets: On-Site Parking

1. Interior Side and Street Side Yards. The total width of interior side yards shall be 15 percent of the lot width and in no case may any one interior side yard be less than five feet. For corner lots, the total width of interior and street side yards shall be 20 percent of the lot width, and in no case may the interior side yard be less than five feet or the street side yard be less than 20 feet, or as required to comply with Section 5-2-2.06, Sight Distance Requirements.
2. Rear Yard.
  1. On-Street, Off-Site, or Common Parking. The rear yard shall have a minimum setback of 10 feet.
  2. On-Site Parking. The rear yard shall have a minimum setback of five feet. Alternatively, the rear building setback may be increased to accommodate a rear yard patio or deck, in which case the patio or deck shall have a minimum setback of five feet from the property line. The overhang of the covered portion of a patio or deck shall not encroach into the required rear setback.
3. Parking. The parking setback shall be a minimum of five feet from the property line.

Setbacks along Streets Other Than FM 1774 / Magnolia Boulevard.
1. Front Yard.
  1. On-Street, Off-Site, or Common Parking. The front yard is along that portion of the property line (also the right-of-way line) with the narrowest dimension, which abuts street right-of-way. If there is a common parking lot developed for the properties within The Stroll (TS) overlay district, allowable on-street parking, or off-site parking is secured via fee simple ownership or, approved as to form by the City Attorney, by separate legal instrument, or any combination thereof, the front setback shall be 25 feet, which shall remain pervious and shall not be used for parking or outdoor display.
  2. On-Site Parking. If adequate parking is not available on-street, off-site, or in a common parking lot and thus, is required to be on-site, as determined by the Planning and Zoning Commission, the front building setback shall be no less than 38 feet. This building setback is to accommodate 20 feet head-in parking stalls, a 15 feet vehicular access and maneuvering aisle (which may provide for cross access to adjacent parcels or as an on-site turnaround), and a three foot landscape area adjacent to the front building façade, together with a minimum five foot parking lot setback. The parking stalls may be reduced to 18 feet in length provided the landscape area adjacent to the front building façade is a minimum width of five feet to allow for bumper overhang (see Section 7-2-1.01, Parking Space and Module Standards).
  3. Interior Side and Street Side Yards. Same as those along FM 1774 / Magnolia Boulevard.
  4. Rear Yard. Same as those along FM 1774 / Magnolia Boulevard.
Site Improvements.
1. Access. If adequate parking is not available on-street, off-site, or in a common parking lot and thus, is required to be on-site, as determined by the Planning and Zoning Commission, site access shall be as follows:
  1. Common access and internal cross access is required as set out in Section 5-2-3.04, Common Access and Internal Cross Access.
  2. Access to an individual lot may only be requested and considered by the Planning and Zoning Commission for approval when common access and internal cross access is impractical or unreasonable, or a hardship is found by reason of unavoidable site constraints.
  3. Corner lots shall take access to the street of the lowest functional classification.
  4. No more than one point of ingress/egress is permitted on any individual lot.
  5. The maximum width of a point of ingress/egress is 20 feet.
2. Bufferyards. Bufferyards are not required within The Stroll (TS) overlay district.
3. Landscaping and Screening. Site landscaping shall be in accordance with Article 8-2, Landscaping Requirements, as applicable. Landscaping and screening of parking lots shall be in accordance with the provisions of Subsection G.5.b, below.
4. Lighting. Site lighting shall be in accordance with Division 6-1-5, Exterior Lighting Standards.
5. Sidewalks. Each lot or parcel shall provide a sidewalk along and parallel to its street frontage for the entire width of the lot, unless existing or provided by the City or TxDOT. All sidewalks shall be a minimum of five feet in width, and shall be continuous from property to property. Sidewalks shall be constructed of concrete.
6. Signage. Signs are permitted according to the standards set out in Chapter 6, Signs and Lighting, for the TS district.
7. Dumpster Enclosures. Dumpster enclosures shall not front on street rights-of-way or along or adjacent to The Stroll, and shall conform to the standards set out in Section 2-3-2.01, Refuse Containers.
8. Rooftop, Ground-Level, and Building-Mounted Equipment. All rooftop, ground-level, and building-mounted equipment shall be screened as set out in Section 4-2-1.06, Mechanical Equipment and Meters.
Required Parking.
1. Parking Alternatives. The minimum required parking for each use, as set out in Section 7-1-2.02, Required Parking, shall be met in one of the following ways:
  1. On-site, provided all other standards and requirements of this Section are met;
  2. Off-site secured via fee simple ownership or, approved as to form by the City Attorney, by separate legal instrument;
  3. A combination of on-site and off-site parking;
  4. Common parking for all properties within the TS district; and/or
  5. Fee-in-lieu of required parking. See Subsection G.4, Fee-in-Lieu of Required Parking, below.
2. Parking Reductions. In certain circumstances, credits or reductions of the required parking may be requested and granted by the Planning and Zoning Commission, as set out in Section 7-1-2.04, Parking Credits and Reductions.
3. Common Parking.
  1. Generally. For development in The Stroll (TS) overlay district, required off-street parking may be provided on another parcel, pursuant to the standards of this Subsection.
  2. Location of Common Parking.
    1. The distance from the boundary of the parcel proposed for development to the common parking spaces shall not exceed 2,000 feet.
    2. Common parking shall be located on property that is reasonably accessible to The Stroll, as well as the parcel proposed for development, which is also:
      1. In the TS overlay district or the Town Center (TC) district; and
      2. On the same side of FM 1774, FM 1488, and Nichols Sawmill Road as The Stroll (TS) overlay district.
  3. Parking Plan Required.
    1. All uses that propose common parking shall provide a parking plan that includes the following information:
      1. The location and names of the buildings, structures, and / or land uses for which the parking spaces are to be provided;
      2. Specific days and hours of operation of these buildings, structures, and/or land uses;
      3. Peak days and hours of operation of these buildings, structures, and/or land uses;
      4. The gross floor area (g.f.a) of these buildings, structures, and/or land uses;
      5. Parking calculations for each use that utilizes the parking lot (including applicable reductions);
      6. The location of the parking area and the distance between it and the corresponding buildings and/or land uses;
      7. The path of pedestrian travel (e.g., The Stroll, sidewalks, across certain streets, parking lot(s), etc.) between the buildings and/or land uses and the parking area;
      8. The number of parking spaces required per this Code; and
      9. The number of parking spaces proposed.
    2. Upon approval of a parking plan, a copy of such plan and the legal agreement shall be recorded at the office of the Montgomery County Clerk, and shall thereafter be binding upon the applicants, their heirs, successors, and assigns. Such recordation shall limit and control issuance of permits and certificates and the operation of all land uses and/or structures included within the parking plan.
    3. The parking plan may be amended or withdrawn pursuant to the same procedures and subject to the same limitations and requirements by which the parking plan was approved and recorded. Specifically, it may be amended or withdrawn in the event that all of the required parking is provided either on-site or within a new parking plan.
  4. Required Legal Documentation. A legal written agreement between the owners (or other parties of interest) of the properties for which common parking arrangements are proposed, shall be submitted. This legal agreement shall:
    1. Include a legal description of the principal use parcel (and the parking parcel, if different from one another);
    2. Indicate responsibilities for permanent improvement and maintenance of such parking areas;
    3. Be permanently tied to the building(s) and/or land use(s) that require the parking;
    4. Recognize the authority of the City to base decisions regarding development approvals for the parcels that are subject to the agreement upon the parking provided in the agreement and to seek enforcement against any or all parties if the parking is not provided according to the terms of the agreement; and
    5. Include a provision that the agreement cannot be terminated or amended in a manner that affects the quantity of parking spaces available to the common parcel, without the consent of the City.
  5. Review.
    1. The use of common parking is not a matter of right.
    2. The City may require a study by a parking or traffic consultant to demonstrate that there is no substantial conflict (e.g., materially increased risk of vehicular-pedestrian conflict or unreasonable traffic congestion) inherent in the proposed common parking arrangement.
4. Fee-in-Lieu of Required Parking. Parking requirements in The Stroll (TS) overlay district may be met, or partially met, through payment of a fee in-lieu according to the standards of this Subsection.
  1. Discretionary Approval of Fee-in-Lieu. In The Stroll (TS) overlay district, the Planning and Zoning Commission may recommend and the City Council may, upon request of an applicant, permit the applicant to make a payment to the City in lieu of providing off-street parking spaces. The Planning and Zoning Commission may recommend and the City Council may allow the payment of a fee in lieu if it finds that:
    1. There are site-specific physical constraints or reasonable site design requirements that restrict the ability to provide the parking on-site (e.g. site size and orientation, access restrictions, etc.).
    2. The locally historic significance of existing on-site or adjacent buildings, or other site features, would be affected adversely if the parking requirements were met on-site.
    3. The subject property is located near a common parking lot or adequate parking may be met via on-street or off-site parking.
    4. The fee-in-lieu allowance will not result in unfair impacts on any adjacent properties.
  2. "As-of-Right" Fee-in-Lieu. In The Stroll (TS) overlay district, an applicant may make a payment to the City in lieu of providing parking spaces on a lot or parcel if a minimum of 50 percent of the required parking is provided on-site or by common parking agreement (see Subsection G.3, Common Parking, above).
  3. Amount of Fee. The fee amount shall be set by resolution of the City Council and shall be computed on a per parking space basis (fractional space shall be utilized rather than rounding to the next greatest number). The fee amount shall be based upon up to 100 percent of the estimated cost of providing surface parking in or very near The Stroll (TS) overlay district for the year in which the fee is established or amended. Estimates shall be provided by the City Engineer. The fee amount may be amended by the City Council from time to time, to account for changes in the cost of providing surface parking within The Stroll (TS) overlay district.
  4. Special Fund Created. Proceeds from the in-lieu parking fee shall be deposited in a special fund, which shall be utilized for the acquisition and / or construction of parking improvements within or near The Stroll (TS) overlay district. The balance in such fund shall accrue until authorized for expenditure by the City Council. Such expenditure shall be in accordance with a program for public parking improvements adopted by the City Council. Monies from the fund shall only be expended on acquisition of land, construction costs, or operation and maintenance of the off-street parking facility within The Stroll (TS) overlay district.
  5. Refunds. Upon petition by the present owner or owners of property for which a fee was paid, monies collected pursuant to this Subsection, including any interest earned, shall be returned to the present owner or owners of the property if the fees have not been expended within seven years from the date that fees were paid, unless the City Council shall have designated the funds for expenditure on a specific parking project, in which case the City Council may, by motion, extend the time period for expenditure up to an additional three years.
5. Parking Design. If adequate parking is not available on-street, off-site, or in a common parking lot and thus, is warranted on-site, as required by the Planning and Zoning Commission, the parking lot shall be designed as follows:
  1. Parking Pavers. Surface parking within the front yard shall be constructed of permeable parking pavers, as displayed in Figure 4-2-5.03.3, Permeable Parking Pavers. Such parking surface shall be constructed in accordance with Industry Standards set out by the Interlocking Concrete Pavement Institute, as approved by the City Engineer.

Figure 4-2-5.03.3 Permeable Parking Pavers

1. 1. Landscaped and Screened. Existing parking lots and new parking lots that are constructed of concrete shall be landscaped and screened as follows:
    1. Screening shall be provided in a continuous row of shrubs across the length of all parking and vehicular use areas that are parallel to and within view of The Stroll, street right-of-way, or adjacent residential property. The shrubs shall be planted in two parallel rows, staggered and spaced no greater than 36 inches apart. The screening shall be no less than 36 inches in height within one year of planting (see Figure 4-2-5.03.4, Landscaping and Screening of On-Site Parking (if not permeable pavers)).

Figure 4-2-5.03.4 Landscaping and Screening of On-Site Parking (if not permeable pavers)

1. 1. 1. Canopy trees shall be planted on two corners of the parking lot.
    2. Canopy street trees shall be planted along the street frontage, spaced no greater than 25 feet apart. Non-canopy trees may be substituted for canopy trees at a ratio of three non-canopy per each one canopy tree, provided that there is at least one canopy tree for each 5,000 square feet of lot area, or portion thereof.
  1. Bicycle Parking. Each business shall provide no less than two bicycle parking spaces that are located within 20 feet of the building entrance.

Building Form and Design.
1. Architecture.
  1. The architectural style of the front façade of a building shall be expressed on all sides of the building.
  2. Logo buildings and logo building elements, except signage, are prohibited.
2. Orientation. Buildings shall be designed such that the principal entrance and windows face the street. For corner lots, the front shall face the lot width of the least dimension.
3. Building Materials.
  1. Building Walls. All building elevations shall be constructed of the materials listed below. Other materials may be allowed with the approval of the Planning and Zoning Commission (see Figure 4-2-5.03.5, Building Materials and Figure 4-2-5.03.6, Building Form and Design).
    1. Horizontal lap wood or fiber cement siding;
    2. Wood strip siding;
    3. Board and batten; or
    4. Glass.

Figure 4-2-5.03.5
Building Materials

Figure 4-2-5.03.6 Building Form and Design

1. 1. Roofing. Roofs shall be constructed of asphalt shingles, corrugated galvanized steel, standing seam metal panel with concealed fasteners, or flat seam metal. Other roof materials may be allowed with the approval of the Planning and Zoning Commission.
1. Roof Type. Approved roof types include those listed below. Other roof types may be allowed with the approval of the Planning and Zoning Commission (see Figure 4-2-5.03.7, Roof Types and Figure 4-2-5.03.6, Building Form and Design).
  1. Open, Box, or Dutch Gable;
  2. Stepped or Crowstepped Gable,
  3. Hip and Valley;
  4. Dormer; or
  5. Combination.

Figure 4-2-5.03.7
Roof Types

1. Transparency. Front facades shall have window openings that comprise no less than 30 percent of the first floor wall area.
2. Roof Pitch. The rise over run ratio shall be comparable to that existing within the district, and particularly the buildings on either side of a parcel proposed for development, redevelopment, or substantial improvement (see Figure 4-2-5.03.6, Building Form and Design).
3. Shed Roof or Front Porch. All buildings shall be designed to include either a shed roof or a front porch that extends across at least 50 percent of the front elevation and is a width of no less than eight feet from the front building façade (see Figure 4-2-5.03.6, Building Form and Design).
4. Colors.
  1. Exterior finish colors shall be approved by the Planning and Zoning Commission.
  2. The color of neighboring buildings that comply with this Section or which have been approved by the Planning and Zoning Commission elsewhere in The Stroll (TS) overlay district shall be considered when selecting colors for repainting or remodeling of existing structured and for new structures.
  3. Buildings may include limited use of approved, compatible accent colors.

Effective on: 1/1/1901

Magnolia City Zoning Code

CHAPTER 4

Design Standards

Sec. 4-1-1.01 Purpose

Effective on: 1/1/1901

Sec. 4-1-1.02 Application

Generally. The standards of this Chapter apply to new development, redevelopment, substantial improvement, and expansion of nonresidential and mixed-use buildings, as described below.

Effective on: 1/1/1901

Sec. 4-2-1.01 Purpose and Applicability

Applicability.

Relationship to Other Standards. The standards of this Section are in addition to all other standards of this UDC, unless the other standards specifically supersede them. If any provision of this UDC conflicts with any other provision of this UDC, any other Ordinance of the City, or any applicable State or Federal law, the more restrictive provision shall apply unless it is preempted. As adopted by the Texas Legislature in 2019 H.B. 2439*, (now chapter 3000, of the Texas Government Code). Please see Appendix C.
Relationship to Building Scale. The standards are organized by building scale, as follows:
1. Sites, Buildings, or Centers less than 12,000 square feet. A single use site or a mixed-use or multi-tenant building or center with a gross floor area of less than 12,000 square feet shall comply with the provisions set out in Section 4-2-1.02, Applicability to Development Types.
2. Sites, Buildings, or Centers greater than 12,000 square feet. A single use site or a mixed-use or multi-tenant building or center with a gross floor area of greater than 12,000 square feet shall comply with the provisions set out in Section 4-2-1.02, Applicability to Development Types.

(Ord. No. O-2020-006, 02/11/2020)

Effective on: 2/11/2020

Sec. 4-2-1.02 Applicability to Development Types

Section 4-2-1.03, Façade Treatments, Subsection A, Sites, Buildings, and Centers less than 12,000 square feet;
Section 4-2-1.04, Exterior Wall Finish Materials;
Section 4-2-1.06, Mechanical Equipment and Meters; and
Section 4-2-1.07, Service Bays.
Section 4-2-1.08 Preconstructed Buildings.

(Ord. No. O-2020-029, 11/10/2020)

Effective on: 11/10/2020

Sec. 4-2-1.03 Façade Treatments

Sites, Buildings, and Centers that are less than 12,000 Square Feet.

Elevations. Elevations of building walls that are within direct public view shall have certain percentages of decorative façade surfaces as follows:
1. Front Elevation. The building elevation(s) fronting on or most directly facing public or private street right-of-way, a street easement, or access easement shall be constructed of or faced with a decorative building material on 75 percent of the façade elevation, excluding doors.
2. Side Elevation. Decorative building materials are required on side elevations as follows:
  1. Street Facing. A side elevation fronting on or most directly facing public or private street right-of-way, a street easement, or access easement shall be constructed of or faced with a decorative building material on 50 percent of the façade elevation, excluding doors.
  2. Abutting Parking Lot or Drive-Through. A side elevation that abuts a drive-through lane or a parking lot with a parking module width of 40 feet or more of the same or an adjacent or abutting property shall be constructed of or faced with a decorative building material on 25 feet or 25 percent of the façade elevation, whichever is greater.
  3. Other Conditions. All other side elevations may be constructed of or faced with decorative materials on 50 percent of the façade elevation. For these conditions, landscape screening along the façade elevation shall be provided as set out in (2) above.
3. Rear Elevation. The building elevation facing the rear of the property may be constructed of or faced with non-decorative materials on 100 percent of the façade elevation.
Decorative and Non-Decorative Building Materials. Decorative and non-decorative building materials are as set out in Section 4-2-1.04, Exterior Wall Finish Materials.

Sites, Buildings, and Centers that are greater than 12,000 Square Feet.

Elevations. Elevations of building walls that are within direct public view shall have certain percentages of decorative façade surfaces as follows:
1. Front Elevation. The building elevation(s) fronting on or most directly facing public or private street right-of-way, a street easement, or access easement shall be constructed of or faced with a decorative building material on 75 percent of the façade elevation, excluding doors.
2. Side Elevation. Decorative building materials are required on 60 percent of all side elevations, including temporary side walls.
3. Rear Elevation in Public View.
  1. A rear elevation that is within direct public view from any public or private street rights-of-way or a parking lot or drive-through of the same or an adjacent or abutting property, such as an out-parcel, shall be constructed of or faced with decorative building materials on 100 percent of the façade elevation.
  2. The building elevation facing the rear of the property may be constructed of or faced with non-decorative materials on 50 percent of the façade elevation.
Decorative and Non-Decorative Building Materials. Decorative and non-decorative building materials are as set out in Section 4-2-1.04, Exterior Wall Finish Materials.

Effective on: 1/1/1901

Sec. 4-2-1.04 Exterior Wall Finish Materials

Decorative Building Materials. The decorative materials used for building exterior finishes shall be proven high-quality, durable materials. These materials include:

Brick, including thin brick;
Stone, including cast stone;
Portland cement stucco with a weather barrier layer and wall drainage system;
Architectural masonry units including split face, weathered face, sandblasted face and ground face blocks; and
Glass.

Limited Materials. Materials that may be permitted subject to the advanced approval of the Administrator, who may seek the approval of the Commission, include, but are not limited to:

Embossed or prefinished architectural metal panel (26+ gauge), which has an appearance of masonry, stucco, or any other appearance that is approved (applicable only for buildings with a gross floor area less than 12,000 square feet);
Glass curtains used for building window areas, but not occupying more than 60 percent of the ground floor façade or more than 40 percent of upper floor façades; and
Architectural Decorative Metal.

Non-Decorative Materials.

Embossed or prefinished architectural metal panel (26+ gauge), which has an appearance of masonry, stucco, or any other appearance that is approved (applicable only buildings with a gross floor area greater than 12,000 square feet);
Exterior Insulation and Finish Systems (EIFS) used in the following ways:
1. To finish building accents (e.g., columns or window trims);
2. To finish building walls that are located on the side or rear of a building, provided that the EIFS material is installed at least 12 feet above grade; or
3. To use as a wall drainage system (provided that barrier wall systems are prohibited)
Smooth-faced, finished concrete masonry units;
Metal panel [26+ gauge] (commonly known as R-Panels);
Fiber cement siding; and
Fiber board

Prohibited Materials. The use of the following building materials for exterior walls, siding, or cladding is prohibited.

Prefabricated metal wall panels;
Corrugated metal panel, except as approved by the Commission;
Smooth-faced, unfinished concrete block;
Metal siding; and
The use of the following for exterior walls, siding, or cladding is prohibited:
1. Plywood; and
2. Plastic.

They are part of a building that is designed to achieve a Leadership in Energy and Environmental Design (LEED) certification, and the materials qualify for LEED points under both the "energy and atmosphere criteria" and the "materials and resources criteria" of the LEED checklists (e.g. Green Building Council or USGBC); or
They are part of a building that is EPA certified as designed to earn the ENERGY STAR, and the materials substantially improve the energy efficiency of the building compared to materials that are permitted above; or
They are pre-approved for use by the Commission.

Effective on: 1/1/1901

Sec. 4-2-1.05 Building Form and Design

Building Form.

Buildings that cover up to 30,000 square feet of gross floor area shall have moderate changes in height or roof line, which can be accomplished by one or more of the following techniques:
1. Dormers with ridge lines that are three feet or more below the ridge line of the roof.
2. A compound roof shape, in which the highest ridge line and the lowest ridge line have a height difference of two to five feet.
3. Parapet walls that vary in height from two to four feet and which are designed of equal or greater height to screen from public view all rooftop mechanical equipment.
4. Towers that have a height that is four to six feet above the highest peak or ridge of the roof or highest point of the parapet.
Buildings that cover 30,000 square feet of gross floor area or more, but less than 60,000 square feet of gross floor area shall have major changes in height or roof line, which can be accomplished by one or more of the following techniques:
1. A compound roof shape, in which the highest ridge line and the lowest ridge line have a height difference of five or more feet; and/or
2. Parapet walls that vary in height by more than four feet, are proportional to the building, and which are designed of equal or greater height to screen from public view all rooftop mechanical equipment; and/or
3. Towers that have a height that is more than six feet above the highest peak or ridge of the roof or highest point of the parapet. The mass of such towers shall be proportional to the building, so that the towers appear as substantial, but not overwhelming, architectural elements; and/or
4. Ground-level arcades and second floor galleries/balconies; and/or
5. Other features that reduce the apparent mass of a building.
Buildings that cover more than 60,000 square feet of gross floor area shall have major changes in height or roof line, which shall, in addition to the requirements for buildings that cover 30,000 square feet of gross floor area or more, include:
1. Significant architectural features to identify principal entrances; and
2. Elements such as towers or significant projections from the building to break up the building mass.

Figure 4-2-1.05.1 Architectural Detailing

Multi-Story Buildings. Buildings with more than two stories shall be designed with a clearly differentiated base, middle, and top.
1. Building Base. A recognizable base shall include, but shall not be limited to:
  1. Thicker walls, ledges, or sills.
  2. Integrally textured, colored, or patterned materials such as stone or another approved masonry.
  3. Raised planters, which are integral to the building façade.
2. Building Top. A recognizable top shall include, but shall not be limited to:
  1. Cornice treatments, other than just colored stripes or bands, with integrally textured materials such as stone or another approved masonry or differently colored materials.
  2. Sloping roofs with eaves and brackets.
Building Dimensions.
1. Maximum Horizontal Dimension. No building wall shall have an uninterrupted horizontal dimension of more than 80 feet for buildings with footprints 12,000 square feet and larger and no more than 40 percent of the façade length for buildings with footprints smaller than 12,000 square feet in area.
2. Required Offsets. Building walls with a horizontal dimension of more than 80 feet shall have clearly pronounced projections or recesses of at least six feet, and at least two feet for buildings with a horizontal dimension of less than 80 feet, measured perpendicular to the vertical plane of the wall. These projections or recesses shall be spaced not more than 80 feet apart. Projections or recesses shall have a horizontal dimension parallel to the building wall from which the offset is measured of at least the lesser of:
  1. 20 feet; or
  2. 20 percent of the building façade (see Figure 4-2-1.05.2, Required Offsets).
3. Entryways. Entryways to bays that are larger than 30,000 square feet shall project not less than six feet from the façade. This shall be represented by a change in the wall of the building and not only in a covered entry.

Figure 4-2-1.05.2 Required Offsets

Roofing.
1. Styles. Flat roof and pitched roof systems are allowed, subject to the following standards:
  1. Mansard roofs are not allowed.
  2. Any material that is permitted by building code is allowed on flat roof systems.
  3. Flat roof systems shall be hidden by parapet walls that are of equal or greater height to screen from public view all rooftop mechanical equipment.
2. Approved Materials. Roofing materials used on pitched roof systems shall be proven, high-quality, durable materials, including:
  1. Architectural shingles;
  2. Concrete tile;
  3. Slate;
  4. Architectural standing seam metal;
  5. Building integrated photovoltaics (solar panels that double as roofing material);
  6. Green roof systems (encouraged); or
  7. Others approved by the Administrator and the Commission.
3. Prohibited Materials. Corrugated metal and other roofing materials that are not listed in (2) above are prohibited.
Elevations.
1. Front Elevation. The front elevation shall have:
  1. Architectural features that animate the façade along its entire length spaced at intervals of not more than 30 feet in horizontal distance. These features shall include wall sconces, display windows, faux windows, brick patterning, entry areas, towers, pilasters, columns, horizontal and vertical offsets, and/or other elements that create a pattern of light and shadow on the building wall (see Figure 4-2-1.05.3, Architectural of Front Elevations).
  2. Awnings, arcades, or overhangs that project at least six feet along not less than 80 percent of the façade for buildings with footprints of 12,000 square feet and larger, and shall connect to all building entrances along the façade.

Figure 4-2-1.05.3 Architecture of Front Elevations

1. Side and Rear Elevations. Side and rear elevations shall have:
  1. Architectural features that animate no less than 60 percent of the façade nearest the front elevation. These features shall:
    1. Include awnings, arcades, or overhangs that project at least six feet and connect to awnings, arcades, or overhangs on the front elevation; and
    2. Be spaced at intervals of not more than 12 feet in horizontal distance; and
    3. Include wall sconces, display windows, entry areas, towers, pilasters, columns, horizontal and vertical offsets, and other elements that create a pattern of light and shadow on the building wall (see Figure 4-2-1.05.4, Architecture on Side and Rear Elevations).

Figure 4-2-1.05.4 Architecture on Side and Rear Elevations

1. 1. No blank wall surfaces that extend for more than 30 feet in horizontal distance or 15 feet in vertical distance;

Transparency. Front elevations shall be glazed and transparent along 50 percent of the pedestrian view plane, unless the Administrator determines that the required transparency is inconsistent with the operational requirements of the building. Glazing shall be considered to be transparent if it is 100 percent transparent from both the exterior and interior of the building.
Awnings and Canopies. Awnings and canopies, if installed, shall meet the following standards:
1. Construction. Awnings and canopies shall be attached and integral to the principal structure.
2. Obstruction. Awnings and canopies shall not completely obstruct any window. Transom windows may be located under awnings and canopies.
3. Support. Canopies shall have columns, beams, and/or brackets of adequate size to give both structural and visible means for support.
4. Materials. Awnings and canopies shall be constructed of durable, protective, and water repellant materials (e.g. cloth, fabric, canvas, glass, steel, standing seam metal, architectural metal, and/or perforated metal (not corrugated)). Vinyl and fiberglass awnings are prohibited.
5. Lighting. Backlit or internal illuminated awnings or canopies are prohibited. Acceptable fixtures and methods of illumination include:
  1. Recessed fixtures incorporating a lens cover that is either recessed or flush with the bottom surface (ceiling) of the canopy.
  2. Indirect lighting where light is beamed upward and then reflected down from the underside of the canopy. Indirect lighting fixtures shall be shielded such that direct illumination is focused exclusively on the underside of the canopy.
6. Length. Awnings/canopies shall be no longer than a single storefront.
7. Color. Awning/canopy colors shall be compatible with the overall color scheme of the façade from which it projects. Solid colors or subtle striped patterns are preferred.
8. Projection. Awnings/canopies are allowed to project to within two feet of the curb line.
9. Clearance. A minimum clearance of eight feet from finished grade to the bottom of the awning/canopy is required. Drive-under canopies shall not exceed 16 feet in height.
10. Freestanding Canopies. Freestanding or semi-freestanding canopies, such as those used as shelters for pump islands and porte-cocheres shall be of similar style, material, color, and lighting as those attached to the principal building.
Building Entrances. Each building, regardless of size, shall have clearly-defined, highly-visible customer entrances that include at least three of the following architectural features:
1. Canopies, porticos, arcades, or overhangs;
2. Recesses or projections;
3. Raised corniced parapets;
4. Over the door or peaked roof forms;
5. Arches;
6. Outdoor patios or plazas;
7. Display windows;
8. Obviously differentiating architectural details such as moldings that are integrated into the building structure and design; and/or
9. Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.
Architecturally Significant.
1. Existing and new building designs may be considered if the proposed project:
  1. Is exceptional in the quality of detailing, appearance, and materials;
  2. Creates a positive unique relationship to other nearby structures, views, or open space; and
  3. Is not in violation of any provision of Chapter 14, Buildings and Building Regulations, of the City of Magnolia Municipal Code;
1. Any applicant whom files for their project to be granted under the architecturally significant standard has the burden to demonstrate to the local governing body why the application meets this standard.

Effective on: 1/1/1901

Sec. 4-2-1.06 Mechanical Equipment and Meters

Generally. Mechanical equipment associated with building operations (e.g., HVAC systems, electric meter banks, etc.) shall be screened as set out in this Section.

Roof-Mounted Equipment. Mechanical equipment shall be fully screened from ground level views from all adjacent property and rights-of-way by:

Parapet walls, which shall include cornice treatments that are of adequate height to fully screen the equipment (a slope of one foot rise per 25 feet of run shall be used to determine if the wall is of adequate height); or
Screening walls of adequate height to fully screen the equipment, which use materials and colors that match or are consistent with the design of the principal building; or
Sloped roof systems or other architectural elements of adequate height to fully screen the equipment from all adjacent property and rights-of-way.

Effective on: 1/1/1901

Sec. 4-2-1.07 Service Bays

Generally. Use types that have service bays with overhead doors shall be oriented and designed as set out in this Section.

Standards. Overhead doors providing access to service bays shall be designed or screened as follows:

Provided the size, shape and orientation of the site allows, a building wall with overhead doors shall be perpendicular to public or private street rights-of-way.
Due to the size, shape, and orientation of the site and other functional considerations, overhead doors that front or most directly face public or private street right-of-way shall be painted to match the wall façade and shall include windows.

Effective on: 1/1/1901

Sec. 4-2-1.08 Preconstructed Buildings

Generally. Use of preconstructed buildings may not be used as the principal structure on a nonresidential or mixed-use lot.

Preconstructed buildings including industrial units, portable buildings and modular structures may not be used as the principle structure on a nonresidential site.

Where Allowed. Preconstructed buildings are allowed:

On Public Use lots subject to Sec. 2-2-1.06 Temporary Uses.
On Industrial lots subject to Sec. 2-3-5.02 Other Uses.

(Ord. No. O-2020-029, 11/10/2020)

Effective on: 11/10/2020

Sec. 4-2-2.01 Single-Family and Two-Family Lots

Figure 4-2-2.01 Building Placement

Building Entrances. All single-family residences and single building residential developments shall be designed such that a primary entrance and windows face a public street.
Maximum Number of Buildings per Lot. There shall be a maximum of one principal building per single-family residential lot.
Windowless Walls. Lot-line and patio variant lot-line dwelling units shall not be designed with windows that provide views into the side yards of abutting property. However, windows may be permitted in walls designated as windowless, only if it is demonstrated that:
1. The adjoining land is a public right-of-way or easement;
2. Windows are frosted or composed of glass block, do not open, are materially offset from windows of any type on adjoining property, and satisfy all applicable building and fire code requirements; or
3. The adjoining land is commonly owned or public open space.

Effective on: 1/1/1901

Sec. 4-2-2.02 Exterior Wall Finish Materials

Exterior walls or elevations shall be constructed of fire-resistant exterior materials including:

Masonry;
Stucco;
Fiber-cement siding; or
Any other fire-resistant exterior cladding that meets the intent of this section.

Effective on: 1/1/1901

Sec. 4-2-3.01 Manufactured Home Parks and Subdivisions

Generally. All manufactured home parks and manufactured home subdivisions shall meet the standards of this Section.

Manufactured Home Parks. The contiguous area of a manufactured home park shall have a minimum of three acres and a maximum of 10 acres. The following shall apply to manufactured home parks:

Gross Site Area. The minimum and maximum site area shall be as set out in Table 3-1-1.03, Use, Lot and Building Standards for Existing Neighborhoods.
Gross Site Area. The minimum and maximum site area shall be as set out in Table 3-1-1.03, Use, Lot and Building Standards for Existing Neighborhoods.
Separation between Units. The minimum separation between manufactured home units and attached accessory structures and any other manufactured home unit and/or accessory structure shall be 15 feet.
Separation and Setback for Accessory Buildings.
1. An accessory building on a manufactured home space shall maintain a minimum rear and side yard setback of five feet; and
2. A minimum of 10 feet shall be provided between any manufactured home and an unattached accessory building.
Perimeter Setbacks. Each manufactured home park shall have a minimum perimeter setback of 30 feet from adjacent nonresidential districts or uses and 50 feet from adjacent residential districts or uses. No space for a dwelling unit or any other structures shall be permitted in the required setback.
Open Space. Each manufactured home park shall provide a minimum of one acre open recreational space.
Access to Public Streets. Each manufactured home park must abut and shall have access to a dedicated public street with a right-of-way of at least 60 feet. Direct access to a manufactured home space from a public street is prohibited.
Vehicular Circulation. The manufactured home park must provide interior vehicular circulation on a private internal street system. Minimum interior street width shall be 27 feet. The street system shall be continuous and connected with other internal and public streets; or shall have a cul-de-sac with a minimum diameter of 90 feet. No cul-de-sacs shall exceed 300 feet in length.
Sidewalks. Each manufactured home park shall provide a sidewalk system to connect each manufactured home space to common buildings or community facilities constructed for the use of its residents, as well as to the fronting public right-of-way. Sidewalks shall be as set out in Section 5-2-2.07, Sidewalks.
Utilities. Utility services shall be as set out in Section 5-1-5.10, Utility Standards.
Financial Responsibility. Each applicant for a manufactured home park shall demonstrate their financial capability to complete the project, including provision of and commitment for a construction schedule.

Manufactured Home Subdivisions.

Manufactured home subdivisions shall be constructed in accordance with the minimum design standards set forth by the U.S. Department of Housing and Urban Development and display certification of compliance; and
Manufactured home subdivisions shall be as set out in Table 3-1-1.03, Use, Lot and Building Standards for Existing Neighborhoods.

Effective on: 1/1/1901

Sec. 4-2-4.01 Multi-Family Housing

Generally. All multi-family developments shall meet the standards of this Section.

Building Walls.

Not less than 75 percent of first floor building walls, exclusive of windows and door openings, shall be finished with masonry construction, such as brick, stone, or simulated stone.
Siding shall be masonry or cement fiberboard. Siding shall be traditional profiles such as four-inch to eight-inch horizontal beveled or shake. Siding surfaces may not cover more than 75 percent of any wall surface and may not extend to the ground level.
Stucco and Exterior Insulated Finishing Systems (EIFS) are permitted as an accent material and if used shall be made to look like traditional wall cornices, soffits, window trim, and similar architectural elements. .
EIFS may be installed no less than ten feet above the finished floor level.

Building Elements.

Awnings, where installed, shall be constructed with fabric or metal coverings. Plastic coverings are prohibited.
Elements such as eaves, rakes, cornice lines, or frieze boards shall be used to contribute to the visual interest of the building.
Columns, cornices, and similar elements shall be natural or simulated natural elements such as wood, composite material, architectural metal, or stone.
Balcony and railing materials may be different than the materials used on exterior walls.

Roofs.

Sloped roofs shall be covered with quality materials, comparable to slate, concrete tile, dimensional shingles, metal shingles, or architectural metal seam roofing.
No rooftop mechanical equipment or window/wall mounted air conditioning units shall be visible from the street level.
Monolithic roof structures that cover more than 4,000 square feet shall include changes in direction, or treatments which break up the appearance of mass. Such treatments may include elements such as dormers, towers, or chimneys.

Stairs. Stairs that provide primary access to units on upper floors shall be covered.

Effective on: 1/1/1901

Sec. 4-2-5.01 Unity Plaza (UP) District

Generally. All new building facades that are visible from a public street, public park, or open space shall be articulated according to this Section.

Building Articulation and Architectural Features.

Horizontal Articulation. Front building facades shall be modulated with horizontal offsets of no greater than four feet, recessed entries, or protrusions, where applicable. The maximum width of building facades (measured horizontally along the building exterior) without modulation shall be 30 feet.
Horizontal Elements. All buildings shall incorporate elements that divide façade planes and create a visual play of light and shadow. Long, uninterrupted horizontal elements are prohibited. Building articulation shall be accomplished with design elements as follows with articulation intervals that do not exceed 30 feet:
1. Repeating distinctive window patterns at intervals less than the articulation interval;
2. Covered entry;
3. A change in the roofline by alternating parapet heights; and
4. A change in building materials that corresponds to a change in building plane.
Roofs. Rooflines shall be individually distinguishable with variations of height of no less than two feet. Roofs shall relate to the building façade articulations. For flat roofs or facades with a horizontal eave, fascia, or parapet, the roof line shall be changed so that no unmodulated segment of the roof exceeds 40 feet in horizontal dimension. Mansard roofs are not permitted.
Vertical Articulation. Vertical articulation shall be provided. To moderate the vertical scale of buildings, the design shall include techniques to clearly define the building’s top and bottom. The following techniques are suggested methods of achieving vertical articulation:
1. At the top of the building, strong eave lines, cornice treatments, and horizontal architectural detailing shall be used. This treatment shall return into alleyways a minimum of 20 linear feet and shall be provide the full length of the any façade visible to the public.
2. The second story (top) elevation of the buildings shall have windows. Other items such as balconies, material changes, railings, and similar treatments which unify the building design shall be incorporated.
3. The first floor (bottom) elevation of the building shall have pedestrian-oriented storefronts with large windows. The storefronts shall include kick plates below windows, awning and hanging signs, and arcades. In cases where the storefront is located on a corner lot, the storefront shall be located on both frontages.
First Floor (Bottom) Level. At the first floor level, buildings shall have:
1. One or more storefronts with recessed entrances.
2. Awnings and hanging signs.
3. Seasonal planters/landscaping.
Blank Walls.
1. Blank walls shall not be visible from a street, public park, or open space.
2. If property is redeveloped including improvements totaling more than 50 percent of the assessed value of the property, and visible from a street, public park, open space, or adjacent lot, shall be treated in one or more of the following ways:
  1. A vertical trellis in front of at least 50 percent of the wall’s horizontal length, with climbing vines or plant materials installed at its base.
  2. A landscaped planting bed at least six feet wide, or raised planter bed (constructed with the same materials as the building façade) at least two feet high and three feet wide in front of the wall. Plant materials that will obscure or screen at least 50 percent of the wall’s surface within three years shall be planted in the planting bed or raised planter.
  3. Regular fenestration that is consistent with that of the front façade.
3. Blank walls that become exposed by reason of the razing or removal of an adjacent, abutting building shall treat the wall surface as set out in Subsection 6.b., above. If such treatment may not be accomplished on the property of the remaining building or is not practicable, as determined by the Administrator, the blank wall shall be exempt from these requirements.
4. Treatment of blank walls is to be proportional to the front façade.
Logo Buildings and Building Elements.
1. Prototype design for franchises should use customized components that are consistent with the City’s character and reinforce visual consistency with other adjacent buildings.
2. Logo buildings are prohibited.
3. Logo building elements are prohibited.

Figure 4-2-5.01.1 Historical Building Features

1. Form. Structures with multiple component forms are to be integrated for visual unity.
2. Awnings and Signage. Awnings shall be designed as follows:
  1. Materials:
    1. Awnings shall be constructed of high-quality materials such as canvas and high quality fabric.
    2. Bubble, box, or shiny plastic awnings are prohibited.
  2. Design:
    1. Awnings shall be designed to be simple and historically compatible to the City’s character.
    2. Awnings shall not be installed so as to obscure significant architectural details of a building.
    3. Mansard awnings are prohibited.
    4. Awnings shall not be installed so as to extend across more than one storefront, and shall not exceed the lesser width of a single building or building module.
    5. Solid color or two-color striped awnings are permitted. Corporate colors on awnings are permitted only if they are architecturally compatible with the building on which the awning is attached. Overly iridescent or fluorescent colors are prohibited.
    6. Awnings shall be a minimum height of eight feet.
    7. Awnings are permitted to encroach two feet into the right-of-way.
  3. Signage.
    1. Signage on awnings is limited to the vertical drip or flat face (perpendicular to the street or sidewalk) of an awning, and shall not be permitted on the sides or top slope of an awning.
    2. Hanging signs are permitted at a minimum height of eight feet.
    3. Way finding signs approved by the City are permitted in the UP District.
  4. Access. Building access shall be adapted to site conditions for level, convenient, obvious entry.
  5. Required Design Features. New buildings shall incorporate the following elements that are compatible with main street character design:
    1. Decorative rooflines, for example, an ornamental molding, frieze, or other roofline devices visible from the first floor level. If the roofline decoration is in the form of a linear molding or board, then the molding or board must be at least eight inches wide.
    2. Decorative treatment of windows and doors, for example, decorative molding/framing details around all first floor windows and doors, decorative glazing, or door designs located on facade facing streets, public parks, or open spaces.

Building Entries.
1. Demarcation. Primary public entrances shall be clearly defined with traditional architectural detailing and landscape features such as ornamental paving, tile work, planters and/or planting beds, or awnings.
2. Form and Scale. Building entrances shall have a form and scale that is comparable to the traditional main street character.
Building Materials and Finishes. New building construction materials and finishes shall reflect traditional “main street” vernacular building materials. Generally, facades that reflect the heritage of the City shall be retained. However, facades of vintage buildings may be adapted to contemporary use with compatible materials.
1. Permitted Materials.
  1. Brick;
  2. Stone;
  3. Cast stone;
  4. Rock;
  5. Marble;
  6. Granite;
  7. Glass block (maximum 20 percent);
  8. Tile;
  9. Stucco and plaster;
  10. Split faced concrete which is integrally colored with pattern and texture; and
  11. Exterior Insulation Finish Systems (EIFS) shall not be applied at a height below 12 feet.
2. Prohibited Materials.
  1. Metal or wood siding;
  2. Metal screening;
  3. Fiberglass sheathing;
  4. Crushed rock or crushed tumbled glass;
  5. Plastic;
  6. Vinyl or plywood siding; and
  7. Chain link fencing (except for temporary purposes such as a construction site).
Transparency and Fenestration.
1. Transparency.
  1. The storefront of a building shall have a minimum transparency of 70 percent.
  2. Other facades which are not the storefront shall provide a minimum of 15 percent transparency.
  3. Transparent glazing which is clear or limited to UV tent is permitted.
  4. Mirrored glass is prohibited.
2. Fenestration. The arrangement, proportion and design of windows and doors (fenestration) shall conform to traditional main street buildings.
  1. The height to width ratio of single openings and group openings shall be proportionately scaled to the wall and adjacent buildings.
  2. Door and window details and trim shall be suitably scaled to the wall and adjacent buildings.
  3. Large expanses of glass used in windows and doors shall be reduced to smaller component windows reminiscent of traditional main street vernacular when adjacent to sidewalks or other pedestrian use areas.
  4. The total area of windows along a façade facing a street shall be a minimum of 25 percent of the area of the façade.
Parking.
1. Shared Parking. Shared parking allows adjacent property owners to share their parking lots and reduce the number of parking spaces that each would provide on their individual properties. Shared parking is allowed through contractual agreements between property owners which is approved by the Administrator after review by the City Attorney. The standards to reduce the required parking for a use is outlined in Section 7-1-2.04, Parking Credits and Reductions. All shared parking areas shall conform to the standards listed in Subsection G.1., above.
2. Structured Parking. Structured parking is encouraged in the UP district. Structured parking shall not front on a main street unless the structure’s façade is comparable to other facades in the district. The first floor of the parking structure fronting on a main street shall consist of commercial development with parking behind and above the development. Parking structures are limited to two stories.
3. On-Street Parking. On-street parking is permitted and encouraged in the UP district.
Sidewalks and Bicycles.
1. Sidewalks. Sidewalks shall be a minimum of eight feet in width and shall be designed with brick and/or pavement patterns at crosswalks. The use of concrete with high albedo content is encouraged to increase the solar reflectivity of the sidewalk.
2. Bicycles. Bicycle parking with bicycle racks are required on each city block within the UP district. There shall be a minimum of 5 bicycle parking spaces per block, however, the bicycle parking spaces may be staggered within the city block. Bicycle racks designed as public art are encouraged.
Dumpster Enclosures. Dumpster enclosures shall be located at the rear of each lot with a new building and shall conform to the standards set out in Section 2-3-2.01, Refuse Containers.
Rooftop Equipment. All rooftop building equipment shall be screened from public view at the ground level.
Rainwater Harvesting. The use of rain barrels is permitted as an accessory use in the UP district for the collection of rainwater. The following standards shall apply to rain barrels:
1. Rain barrels shall be located at the rear of a lot in the same place as the refuse container;
2. Rain barrels shall be screened from public view in the same manner as refuse containers which is outlined in Section 2-3-2.01, Refuse Containers, or by painting the rain barrels in the same color as the principle building;
3. Rain barrels must be covered with a screen to allow the water to filter in but to prevent the breeding of mosquitoes if the top is open and no lid is used. If the rain barrel contains an overflow on the side, it too must have screening as well;
4. If the rain barrel lid is fitted to feed directly from a downspout, and it has no other openings, then a screen is not required; and
5. No more than four rain barrels are permitted per property and may not exceed 55 gallons each.

Effective on: 1/1/1901

Sec. 4-2-5.02 Town Center (TC) District

Generally. All new building facades located in the TC district that are visible from a public street, public park, or open space shall be articulated according to this Section.

Permitted Materials. The following materials shall be used for exterior building finishes:
1. Brick, including thin brick;
2. Stone, including cast stone;
3. Portland cement stucco;
4. Architectural masonry units including split face, weathered face, sandblasted face and ground face blocks (integrally colored);
5. Glass fiber reinforced concrete;
6. Exterior Insulation Finish Systems (EIFS) shall not be applied at a height below 12 feet
7. Fiber cement siding; and
8. Glass.
Limited Materials. The following materials shall be used on a limited basis for exterior building finishes:
1. Vinyl siding provided it is used on no more than 25 percent of the building façade; and
2. Glass curtains used for building window areas, but not occupying more than 60 percent of the ground floor façade or more than 40 percent of the upper floor facades.
Prohibited Materials. The following materials shall not be used for exterior building finishes:
1. Metal or wood siding;
2. Metal screening;
3. Fiberglass sheathing;
4. Crushed rock or crushed tumbled glass;
5. Plastic;
6. Vinyl or plywood siding; and
7. Chain link fencing (except for temporary purposes such as a construction site).

Fenestration. The arrangement, proportion and design of windows and doors (fenestration) shall conform to traditional main street buildings.

Door and window details and trim shall be suitably scaled to the wall and adjacent buildings.
Large expanses of glass used in windows and doors shall be reduced to smaller component windows reminiscent of main street vernacular when adjacent to sidewalks or other pedestrian use areas.
The total area of windows along a façade facing a street shall be a minimum of 25 percent of the area of the façade.

Parking.

Shared Parking. Shared parking allows adjacent property owners to share their parking lots and reduce the number of parking spaces that each would provide on their individual properties. Shared parking is allowed through contractual agreements between property owners which is approved by the Administrator after review by the City Attorney. The standards to reduce the required parking for a use is outlined in Section 7-1-2.04, Parking Credits and Reductions. All shared parking areas shall conform to the standards listed in Subsection D.1., above.
Structured Parking. Structured parking is encouraged in the TC district. Structured parking shall not front on The Stroll’s main street. Structured parking shall be located behind buildings facing The Stroll. Parking structures are limited to two stories.
On-Street Parking. On-street parking is permitted and encouraged in the TC district.

Dumpster Enclosures. Dumpster enclosures shall be located at the rear of each lot with a new building and shall conform to the standards set out in Section 2-3-2.01, Refuse Containers.

Rooftop Equipment. All rooftop building equipment shall be screened from public view at the ground level.

Effective on: 1/1/1901

Sec. 4-2-5.03 The Stroll Overlay (TS) District

Building Scale.

On-Street, Off-Site, or Common Parking. The maximum floor area ratio (FAR) shall be 0.55, or 8,500 square feet of gross floor area (g.f.a), whichever is less, subject to the standards and requirements of this Section.
On-Site Parking. The maximum floor area ratio (FAR) shall be 0.38, or 6,000 square feet of gross floor area (g.f.a.), whichever is less. (Note: The gross floor area allowable on a lot is determined by multiplying the lot size (in square feet) by 0.38. For example, the maximum allowable building size for a 13,800 square feet lot would be 5,244 square feet (13,800 X 0.38 = 5,244 sf). The FAR accounts for a minimum landscape surface ratio (LSR) of 12 percent and the required parking for commercial retail uses.

Building Height. The maximum building height shall be two stories or 35 feet, whichever is less.

Setbacks along FM 1774 / Magnolia Boulevard.

Front Yard.
1. On-Street, Off-Site, or Common Parking. The front yard is along that portion of the property line (also the right-of-way line) that abuts FM 1774 / Magnolia Boulevard. If there is a common parking lot developed for the properties within The Stroll (TS) overlay district, on-street parking, or off-site parking is secured via fee simple ownership or, approved as to form by the City Attorney, by separate legal instrument, or any combination thereof, the front setback may be reduced to 10 feet, provided the front yard remains pervious and is not used for parking or outdoor display (see Figure 4-2-5.03.1, Setbacks Along FM 1774/Magnolia Blvd. and All Other Streets: On-Street Parking, Off-Site Parking, or Common Parking).

Figure 4-2-5.03.1 Setbacks Along FM 1774/Magnolia Blvd. and All Other Streets: On-Street Parking, Off-Site Parking, or Common Parking

1. 1. On-Site Parking. The front yard is along that portion of the property line (also the right-of-way line) that abuts FM 1774 / Magnolia Boulevard. If adequate parking is not available on-street, off-site, or in a common parking lot and thus, is required to be on-site, as determined by the Planning and Zoning Commission, the front building setback (abutting FM 1774) shall be no less than 43 feet (see Figure 4-2-5.03.2, Setbacks Along FM 1774/Magnolia Blvd. and All Other Streets: On-Site Parking). This building setback is to accommodate 20’ head-in parking stalls, a 15’ vehicular access and maneuvering aisle (which may provide for cross access to adjacent parcels or as an on-site turnaround), and a three foot landscape area adjacent to the front building façade, together with a minimum five foot parking lot setback. The parking stalls may be reduced to 18’ in length provided the landscape area adjacent to the front building façade is a minimum width of five feet to allow for bumper overhang (see Section 7-2-1.01, Parking Space and Module Standards).

Figure 4-2-5.03.2 Setbacks Along FM 1774/Magnolia Blvd. and All Other Streets: On-Site Parking

1. Interior Side and Street Side Yards. The total width of interior side yards shall be 15 percent of the lot width and in no case may any one interior side yard be less than five feet. For corner lots, the total width of interior and street side yards shall be 20 percent of the lot width, and in no case may the interior side yard be less than five feet or the street side yard be less than 20 feet, or as required to comply with Section 5-2-2.06, Sight Distance Requirements.
2. Rear Yard.
  1. On-Street, Off-Site, or Common Parking. The rear yard shall have a minimum setback of 10 feet.
  2. On-Site Parking. The rear yard shall have a minimum setback of five feet. Alternatively, the rear building setback may be increased to accommodate a rear yard patio or deck, in which case the patio or deck shall have a minimum setback of five feet from the property line. The overhang of the covered portion of a patio or deck shall not encroach into the required rear setback.
3. Parking. The parking setback shall be a minimum of five feet from the property line.

Setbacks along Streets Other Than FM 1774 / Magnolia Boulevard.
1. Front Yard.
  1. On-Street, Off-Site, or Common Parking. The front yard is along that portion of the property line (also the right-of-way line) with the narrowest dimension, which abuts street right-of-way. If there is a common parking lot developed for the properties within The Stroll (TS) overlay district, allowable on-street parking, or off-site parking is secured via fee simple ownership or, approved as to form by the City Attorney, by separate legal instrument, or any combination thereof, the front setback shall be 25 feet, which shall remain pervious and shall not be used for parking or outdoor display.
  2. On-Site Parking. If adequate parking is not available on-street, off-site, or in a common parking lot and thus, is required to be on-site, as determined by the Planning and Zoning Commission, the front building setback shall be no less than 38 feet. This building setback is to accommodate 20 feet head-in parking stalls, a 15 feet vehicular access and maneuvering aisle (which may provide for cross access to adjacent parcels or as an on-site turnaround), and a three foot landscape area adjacent to the front building façade, together with a minimum five foot parking lot setback. The parking stalls may be reduced to 18 feet in length provided the landscape area adjacent to the front building façade is a minimum width of five feet to allow for bumper overhang (see Section 7-2-1.01, Parking Space and Module Standards).
  3. Interior Side and Street Side Yards. Same as those along FM 1774 / Magnolia Boulevard.
  4. Rear Yard. Same as those along FM 1774 / Magnolia Boulevard.
Site Improvements.
1. Access. If adequate parking is not available on-street, off-site, or in a common parking lot and thus, is required to be on-site, as determined by the Planning and Zoning Commission, site access shall be as follows:
  1. Common access and internal cross access is required as set out in Section 5-2-3.04, Common Access and Internal Cross Access.
  2. Access to an individual lot may only be requested and considered by the Planning and Zoning Commission for approval when common access and internal cross access is impractical or unreasonable, or a hardship is found by reason of unavoidable site constraints.
  3. Corner lots shall take access to the street of the lowest functional classification.
  4. No more than one point of ingress/egress is permitted on any individual lot.
  5. The maximum width of a point of ingress/egress is 20 feet.
2. Bufferyards. Bufferyards are not required within The Stroll (TS) overlay district.
3. Landscaping and Screening. Site landscaping shall be in accordance with Article 8-2, Landscaping Requirements, as applicable. Landscaping and screening of parking lots shall be in accordance with the provisions of Subsection G.5.b, below.
4. Lighting. Site lighting shall be in accordance with Division 6-1-5, Exterior Lighting Standards.
5. Sidewalks. Each lot or parcel shall provide a sidewalk along and parallel to its street frontage for the entire width of the lot, unless existing or provided by the City or TxDOT. All sidewalks shall be a minimum of five feet in width, and shall be continuous from property to property. Sidewalks shall be constructed of concrete.
6. Signage. Signs are permitted according to the standards set out in Chapter 6, Signs and Lighting, for the TS district.
7. Dumpster Enclosures. Dumpster enclosures shall not front on street rights-of-way or along or adjacent to The Stroll, and shall conform to the standards set out in Section 2-3-2.01, Refuse Containers.
8. Rooftop, Ground-Level, and Building-Mounted Equipment. All rooftop, ground-level, and building-mounted equipment shall be screened as set out in Section 4-2-1.06, Mechanical Equipment and Meters.
Required Parking.
1. Parking Alternatives. The minimum required parking for each use, as set out in Section 7-1-2.02, Required Parking, shall be met in one of the following ways:
  1. On-site, provided all other standards and requirements of this Section are met;
  2. Off-site secured via fee simple ownership or, approved as to form by the City Attorney, by separate legal instrument;
  3. A combination of on-site and off-site parking;
  4. Common parking for all properties within the TS district; and/or
  5. Fee-in-lieu of required parking. See Subsection G.4, Fee-in-Lieu of Required Parking, below.
2. Parking Reductions. In certain circumstances, credits or reductions of the required parking may be requested and granted by the Planning and Zoning Commission, as set out in Section 7-1-2.04, Parking Credits and Reductions.
3. Common Parking.
  1. Generally. For development in The Stroll (TS) overlay district, required off-street parking may be provided on another parcel, pursuant to the standards of this Subsection.
  2. Location of Common Parking.
    1. The distance from the boundary of the parcel proposed for development to the common parking spaces shall not exceed 2,000 feet.
    2. Common parking shall be located on property that is reasonably accessible to The Stroll, as well as the parcel proposed for development, which is also:
      1. In the TS overlay district or the Town Center (TC) district; and
      2. On the same side of FM 1774, FM 1488, and Nichols Sawmill Road as The Stroll (TS) overlay district.
  3. Parking Plan Required.
    1. All uses that propose common parking shall provide a parking plan that includes the following information:
      1. The location and names of the buildings, structures, and / or land uses for which the parking spaces are to be provided;
      2. Specific days and hours of operation of these buildings, structures, and/or land uses;
      3. Peak days and hours of operation of these buildings, structures, and/or land uses;
      4. The gross floor area (g.f.a) of these buildings, structures, and/or land uses;
      5. Parking calculations for each use that utilizes the parking lot (including applicable reductions);
      6. The location of the parking area and the distance between it and the corresponding buildings and/or land uses;
      7. The path of pedestrian travel (e.g., The Stroll, sidewalks, across certain streets, parking lot(s), etc.) between the buildings and/or land uses and the parking area;
      8. The number of parking spaces required per this Code; and
      9. The number of parking spaces proposed.
    2. Upon approval of a parking plan, a copy of such plan and the legal agreement shall be recorded at the office of the Montgomery County Clerk, and shall thereafter be binding upon the applicants, their heirs, successors, and assigns. Such recordation shall limit and control issuance of permits and certificates and the operation of all land uses and/or structures included within the parking plan.
    3. The parking plan may be amended or withdrawn pursuant to the same procedures and subject to the same limitations and requirements by which the parking plan was approved and recorded. Specifically, it may be amended or withdrawn in the event that all of the required parking is provided either on-site or within a new parking plan.
  4. Required Legal Documentation. A legal written agreement between the owners (or other parties of interest) of the properties for which common parking arrangements are proposed, shall be submitted. This legal agreement shall:
    1. Include a legal description of the principal use parcel (and the parking parcel, if different from one another);
    2. Indicate responsibilities for permanent improvement and maintenance of such parking areas;
    3. Be permanently tied to the building(s) and/or land use(s) that require the parking;
    4. Recognize the authority of the City to base decisions regarding development approvals for the parcels that are subject to the agreement upon the parking provided in the agreement and to seek enforcement against any or all parties if the parking is not provided according to the terms of the agreement; and
    5. Include a provision that the agreement cannot be terminated or amended in a manner that affects the quantity of parking spaces available to the common parcel, without the consent of the City.
  5. Review.
    1. The use of common parking is not a matter of right.
    2. The City may require a study by a parking or traffic consultant to demonstrate that there is no substantial conflict (e.g., materially increased risk of vehicular-pedestrian conflict or unreasonable traffic congestion) inherent in the proposed common parking arrangement.
4. Fee-in-Lieu of Required Parking. Parking requirements in The Stroll (TS) overlay district may be met, or partially met, through payment of a fee in-lieu according to the standards of this Subsection.
  1. Discretionary Approval of Fee-in-Lieu. In The Stroll (TS) overlay district, the Planning and Zoning Commission may recommend and the City Council may, upon request of an applicant, permit the applicant to make a payment to the City in lieu of providing off-street parking spaces. The Planning and Zoning Commission may recommend and the City Council may allow the payment of a fee in lieu if it finds that:
    1. There are site-specific physical constraints or reasonable site design requirements that restrict the ability to provide the parking on-site (e.g. site size and orientation, access restrictions, etc.).
    2. The locally historic significance of existing on-site or adjacent buildings, or other site features, would be affected adversely if the parking requirements were met on-site.
    3. The subject property is located near a common parking lot or adequate parking may be met via on-street or off-site parking.
    4. The fee-in-lieu allowance will not result in unfair impacts on any adjacent properties.
  2. "As-of-Right" Fee-in-Lieu. In The Stroll (TS) overlay district, an applicant may make a payment to the City in lieu of providing parking spaces on a lot or parcel if a minimum of 50 percent of the required parking is provided on-site or by common parking agreement (see Subsection G.3, Common Parking, above).
  3. Amount of Fee. The fee amount shall be set by resolution of the City Council and shall be computed on a per parking space basis (fractional space shall be utilized rather than rounding to the next greatest number). The fee amount shall be based upon up to 100 percent of the estimated cost of providing surface parking in or very near The Stroll (TS) overlay district for the year in which the fee is established or amended. Estimates shall be provided by the City Engineer. The fee amount may be amended by the City Council from time to time, to account for changes in the cost of providing surface parking within The Stroll (TS) overlay district.
  4. Special Fund Created. Proceeds from the in-lieu parking fee shall be deposited in a special fund, which shall be utilized for the acquisition and / or construction of parking improvements within or near The Stroll (TS) overlay district. The balance in such fund shall accrue until authorized for expenditure by the City Council. Such expenditure shall be in accordance with a program for public parking improvements adopted by the City Council. Monies from the fund shall only be expended on acquisition of land, construction costs, or operation and maintenance of the off-street parking facility within The Stroll (TS) overlay district.
  5. Refunds. Upon petition by the present owner or owners of property for which a fee was paid, monies collected pursuant to this Subsection, including any interest earned, shall be returned to the present owner or owners of the property if the fees have not been expended within seven years from the date that fees were paid, unless the City Council shall have designated the funds for expenditure on a specific parking project, in which case the City Council may, by motion, extend the time period for expenditure up to an additional three years.
5. Parking Design. If adequate parking is not available on-street, off-site, or in a common parking lot and thus, is warranted on-site, as required by the Planning and Zoning Commission, the parking lot shall be designed as follows:
  1. Parking Pavers. Surface parking within the front yard shall be constructed of permeable parking pavers, as displayed in Figure 4-2-5.03.3, Permeable Parking Pavers. Such parking surface shall be constructed in accordance with Industry Standards set out by the Interlocking Concrete Pavement Institute, as approved by the City Engineer.

Figure 4-2-5.03.3 Permeable Parking Pavers

1. 1. Landscaped and Screened. Existing parking lots and new parking lots that are constructed of concrete shall be landscaped and screened as follows:
    1. Screening shall be provided in a continuous row of shrubs across the length of all parking and vehicular use areas that are parallel to and within view of The Stroll, street right-of-way, or adjacent residential property. The shrubs shall be planted in two parallel rows, staggered and spaced no greater than 36 inches apart. The screening shall be no less than 36 inches in height within one year of planting (see Figure 4-2-5.03.4, Landscaping and Screening of On-Site Parking (if not permeable pavers)).

Figure 4-2-5.03.4 Landscaping and Screening of On-Site Parking (if not permeable pavers)

1. 1. 1. Canopy trees shall be planted on two corners of the parking lot.
    2. Canopy street trees shall be planted along the street frontage, spaced no greater than 25 feet apart. Non-canopy trees may be substituted for canopy trees at a ratio of three non-canopy per each one canopy tree, provided that there is at least one canopy tree for each 5,000 square feet of lot area, or portion thereof.
  1. Bicycle Parking. Each business shall provide no less than two bicycle parking spaces that are located within 20 feet of the building entrance.

Building Form and Design.
1. Architecture.
  1. The architectural style of the front façade of a building shall be expressed on all sides of the building.
  2. Logo buildings and logo building elements, except signage, are prohibited.
2. Orientation. Buildings shall be designed such that the principal entrance and windows face the street. For corner lots, the front shall face the lot width of the least dimension.
3. Building Materials.
  1. Building Walls. All building elevations shall be constructed of the materials listed below. Other materials may be allowed with the approval of the Planning and Zoning Commission (see Figure 4-2-5.03.5, Building Materials and Figure 4-2-5.03.6, Building Form and Design).
    1. Horizontal lap wood or fiber cement siding;
    2. Wood strip siding;
    3. Board and batten; or
    4. Glass.

Figure 4-2-5.03.5
Building Materials

Figure 4-2-5.03.6 Building Form and Design

1. 1. Roofing. Roofs shall be constructed of asphalt shingles, corrugated galvanized steel, standing seam metal panel with concealed fasteners, or flat seam metal. Other roof materials may be allowed with the approval of the Planning and Zoning Commission.
1. Roof Type. Approved roof types include those listed below. Other roof types may be allowed with the approval of the Planning and Zoning Commission (see Figure 4-2-5.03.7, Roof Types and Figure 4-2-5.03.6, Building Form and Design).
  1. Open, Box, or Dutch Gable;
  2. Stepped or Crowstepped Gable,
  3. Hip and Valley;
  4. Dormer; or
  5. Combination.

Figure 4-2-5.03.7
Roof Types

1. Transparency. Front facades shall have window openings that comprise no less than 30 percent of the first floor wall area.
2. Roof Pitch. The rise over run ratio shall be comparable to that existing within the district, and particularly the buildings on either side of a parcel proposed for development, redevelopment, or substantial improvement (see Figure 4-2-5.03.6, Building Form and Design).
3. Shed Roof or Front Porch. All buildings shall be designed to include either a shed roof or a front porch that extends across at least 50 percent of the front elevation and is a width of no less than eight feet from the front building façade (see Figure 4-2-5.03.6, Building Form and Design).
4. Colors.
  1. Exterior finish colors shall be approved by the Planning and Zoning Commission.
  2. The color of neighboring buildings that comply with this Section or which have been approved by the Planning and Zoning Commission elsewhere in The Stroll (TS) overlay district shall be considered when selecting colors for repainting or remodeling of existing structured and for new structures.
  3. Buildings may include limited use of approved, compatible accent colors.

Effective on: 1/1/1901