Mansfield City Zoning Code

SUPPLEMENTAL PROVISIONS

§ 155.090 SIGN STANDARDS.

(A) Purpose. To establish regulations and minimum standards which directly relate to the function of the signs and to the intensity of development of each particular zoning district.

(B) Permit pequirements. No sign, unless herein excepted, shall be located, constructed, attached, or painted until a building permit application has been approved by the Planning Department and issued by the Development Services Department in accordance with the requirements of this section.

(C) Sign classifications and definitions. As used in the schedule of sign standards contained in Table § 155.090(D), the following sign construction types and definitions shall apply:

(1) Classifications.

(a) Wall sign. A sign which is attached or affixed to the wall of a building or is an integral part of the wall of a building with the exposed face of the sign in a plane parallel to and not more than 12 inches from said wall; providing, however, that electric wall signs may project not more than 18 inches from said wall. A wall sign shall not extend above or beyond the parallel face to which the sign is attached.

(b) Projection sign. A sign which is attached or affixed to a building wall or structure other than a pole and extends or projects there from a maximum of four feet.

(c) Pole sign. A sign supported by and placed upon not more than two poles or standards. Extra poles or standards in excess of two may be added with the approval of the Building Inspector.

(d) Directional sign. A temporary pole or ground sign that directs vehicular traffic. The sign may display arrows, words, or other symbols to indicate direction to the location of developments, subdivisions, model homes, garage sales, neighborhood information or businesses.

(e) Reader board sign. A changeable copy sign with stripes or devices attached to the face of the sign to hold readily movable letters and numerals. The sign may be internally or externally illuminated.

(f) Ground sign. A sign which is supported by more than two columns, poles, uprights or braces in or upon the ground and is not a part of a building.

(g) Monument sign. A freestanding, low profile sign with a solid base; any poles or supports must be concealed.

(h) Unified development sign. A freestanding sign that is supported from the grade to the bottom of the sign with a solid base and is used to identify multiple tenants within a unified development.

(2) Definitions.

SIGN. Any object, device, structure, or part thereof, visible from outdoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, banners, flags, fixtures, colors, illumination, or projected images. Definitions of particular functional and locational types of signs are listed in this division.

1. ADVERTISING SIGN.A sign which is a primary use of land (not accessory use) and which directs attention to a business, product, activity or service which is not conducted, sold, offered or located on the premises where the sign is located.

2. AGRICULTURAL SIGN.An accessory sign identifying the farm or ranch on which it is placed and advertising the produce, crops, animals or poultry raised or quartered thereon.

3. APARTMENT NAME SIGN. An accessory sign for the identification of an apartment building or complex of apartment buildings and located on the premises.

4. CONSTRUCTION SIGN. A temporary sign identifying the development on the premises and/or the property owner, architect, contractor, engineer, landscape architect, decorator or mortgagee engaged in the design, construction or improvement of the premises on which the sign is located. A real estate sign shall not be construed as a construction sign.

5. DEVELOPMENT SIGN. A temporary sign related to the promotion of new development and located only on the premises involved in the development. Builder or contractor names may be displayed on the sign provided that at least 50% of the sign area is devoted towards displaying the name or promotional information of the development being advertised.

6. DIRECTORY SIGN. An accessory sign consisting of building identification and business names of the individual tenants.

7. GENERAL BUSINESS SIGN. An accessory sign or graphic device which advertises only commodities or services offered on the premises where such sign is located and where such sign is not of the billboard, poster panel or painted bulletin type but is a sign designed specifically for the location.

8. INSTITUTIONAL SIGN. An accessory sign, which provides public interest information and/or advertisement related to a school, church or similar public or quasi-public institution located on the same premise where the sign is located.

9. ELECTRONIC MESSAGE CENTER (EMC). A sign that utilizes computer generated messages or some other electronic means of changing copy.

10. NAME PLATE. An accessory sign showing only the name and/or address of the owner or occupant of the premises on which it is erected or placed.

11. REAL ESTATE SIGN. A temporary accessory sign pertaining to the sale or rental of property and advertising property only for use for which it is legally zoned.

12. POLITICAL SIGN. Shall be deemed to mean any sign erected for the purpose of advertising a political candidate or ballot measure; espousing a political cause; or expressing a person's or group's viewpoint or opinion on a political issue.

13. TEMPORARY SIGN. A non-permanent sign which is intended to be displayed for a short period of time only. The term temporary sign shall include but not be limited to search lights, banners, bullhorns, pendants, spinners, balloons, streamers or other kinds of wind signs. Specific permitting and display standards for temporary signs are listed in division (K)(2) of this section.

14. WIND SIGN. A temporary accessory sign, which achieves movement and thus attracts attention by action of wind currents.

15. SIGN AREA. The entire area within a circle, triangle or parallelogram enclosing the extreme limits of writing, representation, emblem or any figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed; excluding the necessary supports or uprights on which such sign is placed. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that where two faces are placed back to back and are at no point more than two feet from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area.

16. FLASHING SIGN. A sign or part thereof, operated so as to create flashing, change in light intensity, color or copy or intermittent light impulses more frequent than one every ten seconds and further provided that electronic message centers as herein above defined shall not constitute flashing signs. It is further provided that a sign which creates intermittent light impulses which convey time of day and/or temperature only shall not constitute a flashing sign.

17. SIGN HEIGHT. The measurement from the ground level to the highest point of the sign.

18. LIGHTING. As the term is used in Table (D) hereof, the illumination of a sign face by the light source exterior to and not a part of such face or a source of light not exposed to the eye.

19. MOTION. As the term is used in Table (D) hereof, the moving or rotating of a sign or portion thereof, or the giving of the perception of motion, other than a electronic message center as herein above defined.

20. REQUIRED SETBACK. The distance from the property line, right-of-way line or street curb of all streets adjacent to the premises on which a sign is located.

21. SIGN STRUCTURE. Any part of a sign, including the base, supporting columns or braces, display surface, or any other appendage thereto.

22. PORTABLE SIGN. A sign whose principal supporting structure is intended, by design, use or construction, to be used by resting upon the ground for support and which may be easily moved or relocated for reuse. Portable signs shall include but not be limited to signs mounted upon or designed to be mounted upon a trailer, bench, wheeled carrier or other non-motorized mobile structure, with or without wheels, and A-frame and other similar signs, resting or leaning on the ground or other structures, but not permanently attached thereto.

23. KIOSK SIGN. A free-standing structure located in public rights-of-way that features the City of Mansfield Identification Panel at the top of each structure and displays directional information to new homes, Mansfield Independent School District facilities, and municipal or community events or facilities.

24. SIGN PANEL. An individual sign placard displaying directional information on a kiosk sign.

25. SUBDIVISION SIGN. A sign located at the entrance of a subdivision that displays the name of the subdivision.

26. NEIGHBORHOOD INFORMATION SIGN. A temporary sign erected within the boundaries of a platted residential subdivision at the subdivision entrance or on homeowner's association lots for the sole purpose of providing information to property owners concerning events within the subdivision.

27. WINDOW SIGN. Any sign that is plainly visible from the outside of the building and located on either the external surface of the window or on or within 25 inches of the internal surface of the window. This definition does not apply to the display of building addresses, business hours of operation, the logos of accepted credit cards, "closed" and "open" signs, "for sale", "for lease", and similar real estate signs, and "now hiring" signs.

28. HUMAN SIGN. A sign held by or attached to a human being who stands or walks on the ground at a business or other location. A human sign includes a person dressed in a costume for the purpose of advertising or otherwise drawing attention to an individual, business, commodity, service, activity or product.

29. TEMPORARY REALTOR OPEN HOUSE DIRECTIONAL SIGN. A temporary sign used for directing realtors and potential homebuyers to homes for sale within the city which are open for public viewing.

30. INFLATABLE SIGN. A sign made from a non-porous bag or tube of tough, light material, including fan-blown and lighter-than-air or gas filled inflatable objects that may be connected with a tether, displaying graphics, symbols or written copy, or a combination of graphics, symbols and written copy.

31. BLADE BANNER SIGN. A sign made of non-rigid material such as canvas or vinyl supported by a single vertical pole or frame mounted on the ground, and shall include a feather, teardrop, wave or flag sign, or any sign of similar construction and use.

(D) Schedules of sign standards. No sign shall be erected, placed, displayed or located except in accordance with the schedules of sign standards contained in Table (D) and the provisions of divisions (E) through (K).

Table (D): Schedule of Sign Standards

(1) Permanent signs.

Type of Sign

Zoning District Where Permitted*

Sign Classification Permitted

Max. Area in Square Feet

Max . Height in Feet

Max. Width in Feet

Min. Setback from Street Right-of-way Line in Feet **

Min. Setback from Side or Rear Property Line in Feet**

Max. Quantity / Min. Spacing

Lighting

Flashing

Motion

Additional Regulations

Institutional

All Districts

M, W

One per street frontage plus one wall sign on the principal building

Yes

See notes (2) (6) (7) (10) & (11)

Apartment name

MF-1, MF-2

M, W

One per street entrance

Yes

See notes (2) (3) (4) (7) (10) & (11)

Name plate

All Districts

P, W

N/A

None

N/A

None

See note (6)

General business

C-1, C- 2, C-3, I-1, I-2

None

N/A

See note (1)

N/A

One per street frontage per individually owned lot or tract plus one wall sign per tenant who occupies such lot or tract

Yes

See § 155.090( E)

M, PR

Yes

See notes (7) (10) & (11)

Advertising

C-3, I-1, I-2

P,G

600

None

See § 155.090( F)

Yes

See note (5)

Agricultural

M, W

One per street frontage

See note (10)

Subdivision

All Districts

M, W

N/A

One sign per street entrance to the subdivision

See notes (6) & (10)

§ 155.091 OFF-STREET PARKING AND LOADING STANDARDS.

(A) Purpose. To assure that adequate off-street parking and loading areas are provided with the construction, alteration, remodeling or change of use of any building or change in the use of land.

(B) General provisions.

(1) Any person establishing an off-street parking facility or applying for a building permit for construction, reconstruction, or alteration of the use of any building, other than a single or two family residence, shall submit to the building inspector three copies of a plot plan designating the number, dimensions, and location of off-street parking spaces and curb cuts to be provided.

(2) The plot plan shall be submitted to the Planning Department by the Building Inspector, and the Director of Planning and Development shall approve or disapprove the off-street parking facilities and curb cuts.

(3) Required off-street parking for residential uses in any PR, Single-Family Residential, 2F, MF-1 and MF-2 Districts shall be provided on the lot or tract occupied by the use being served. For non-residential uses in the aforementioned districts and for permitted uses in all other zoning districts, off-street parking shall be provided on the lot or tract occupied by the use being served or upon a tract dedicated to parking use by an instrument filed for record and consolidated under a single certificate of occupancy with the main use. Such off-premise parking facility shall be located in the same or less restrictive zoning district as the use being served, and all or part of such facility shall be located within a distance not to exceed 300 feet to an entrance to the building or use being served, measured along the shortest available pedestrian route with public access.

(4) Any existing building or use that is enlarged, structurally altered, or remodeled to the extent of increasing or changing the use by more than 50% as it existed at the effective date of this chapter shall be accompanied by off-street parking for the entire building or use in accordance with the off-street parking regulations set forth in this section. When the enlargement, structural alteration, or remodeling is to the extent that the use is not increased or changed by more than 50%, additional off-street parking shall only be required for the increased or changed floor area or use.

(5) Existing parking spaces may not be used to satisfy additional off-street parking requirements of this chapter unless the existing spaces proposed for use in meeting the requirements of this chapter exceed the number required for the building or use for which the existing spaces are associated. All parking associated with a building or use from which the spaces are drawn must meet all requirements of this chapter.

(6) Head-in parking. The following provisions shall apply to all head-in parking adjacent to a public thoroughfare:

(a) Head-in parking spaces so situated that the maneuverings of a vehicle in entering or leaving such spaces is done on a public street or within public right-of-way shall not be classified as off-street parking in computing any parking requirements herein.

(b) The construction of head-in parking as described in division (a) above shall be prohibited hereafter. All such head-in parking facilities in existence at the time of the enactment of this section are hereby declared to be a nonconforming use of land subject to the provisions of § 155.098.

(c) Off-street parking facility related to single or two family dwellings and zero lot line dwellings shall be exempted from this section.

(7) No off-street parking facility shall be located, either in whole or in part, in a public street or sidewalk, parkway, alley or other public right-of-way.

(8) No off-street parking or loading space shall be located, either in whole or in part, within any fire lane required by ordinance of the city. Tandem parking is prohibited unless specifically authorized by this chapter.

(9) No required off-street parking facility or loading space shall be used for sales, non-vehicular storage, repair or service activities.

(10) Lighting facilities, if provided, shall be so arranged as to be reflected away from motorists traveling in an adjacent street and from property zoned or used for residential purposes.

(11) No pavement shall be permitted in the city rights-of-way or in any required setback where parking facilities are prohibited unless such pavement is intended for use as a drive approach approved for access to property or such pavement is required to meet minimum city sidewalk standards.

(12) For all multi-family and non-residential uses, parking spaces shall be striped or otherwise clearly designated on the parking facility surface, and shall not include any fire lane or other area necessary for aisles or maneuvering of vehicles.

(13) All facilities used for parking, loading, unloading, driveways and all other vehicular access shall have a pavement constructed of concrete and comply with all applicable Fire Code and City Engineering Standards; except those for a single-family residential property that is required to provide a fire apparatus access driveway may be constructed of alternative equivalent strength material approved by the Director of Planning, provided that the drive approach from the street be constructed of concrete. The pavement shall always be maintained in good condition and repair.

(14) All dumpster pads and loading areas in front of dumpsters shall be constructed with at least six inches of concrete pavement on a scarified and compacted sub grade. The concrete pavement shall be reinforced with inch steel bars spaced 18 inches on center each way or six by six, #6 gauge welded wire fabric. An approved paving fiber may be substituted for the reinforcing steel. Chairs shall be used to support reinforcement.

(15) In determining the required number of parking spaces, fractional spaces shall be counted to the nearest whole space. Parking spaces located in buildings needed for repair garages or auto laundry stalls shall not be counted as meeting the required minimum parking.

(16) Where several different property uses will share a joint parking area, the off-street parking requirements shall be the composite or sum of the requirements for each type of use and no off-street parking space provided for one type of use or building shall be included in calculation of off-street parking requirements for any other uses of buildings.

(17) Floor-area of structure devoted to off-street parking of vehicles shall be excluded in computing the floor area for off-street parking requirements.

(18) In all districts, the required off-street parking for all permitted uses, except institutional uses and uses permitted in the C-4, Downtown Business District, shall be available to customers, employees, tenants, clients and occupants of a use on a prearranged basis, other than an hourly or fee basis, as free or contract parking.

(19) No vehicle shall be parked on a lot or tract occupied by a single-family dwelling, two-family dwelling or townhouse, unless the area upon which such vehicle is parked is paved with a concrete surface. Except for the expansion joints, the paved concrete surface must be constructed as a solid, continuous span of concrete from edge to edge of the paved parking area. However, a paved parking area shall not be required for a vehicle parked in a side or rear yard enclosed by an opaque screening fence at least six feet in height or complies with division (B)(21) below.

(20) Additional residential driveway standards.

(a) The maximum width of a paved driveway devoted to off-street parking in the front yard or side yard with street frontage of a lot occupied by a single-family dwelling shall not exceed 20 feet plus a paved extension into the yard between the driveway and the nearest property line, not to exceed 12 feet in width. Except for expansion joints, the paved extension must be constructed as a solid, continuous span of concrete from the edge of the driveway to the furthest edge of the paved extension.

(b) An existing lawful nonconforming driveway that does not conform with the requirements in division (19) above may be extended into the yard between the driveway and the nearest property line, not to exceed 12 feet in width, using the same materials as the existing driveway (e.g. gravel, paver, etc.). However, an existing parking area of entirely grass cannot be extended unless the extension conforms with the pavement requirements in division (A) above.

(d) All residential drive approaches shall be constructed to the width and construction standards established by the city Engineering Department.

(21) No vehicle shall be parked on a lot or tract occupied by a single-family dwelling, two-family dwelling or townhouse when such vehicle is greater than 25 feet in overall length (including tongue), unless one of the following conditions are met:

(a) The vehicle is parked in a building, either attached to the main residential building or detached, completely enclosed by three walls and a roof, and the open side of the building shall have an opaque gate at least six feet in height. A building used to meet the foregoing requirement shall comply with all applicable area, height and setback requirements for attached or detached accessory buildings; or

(b) The vehicle is parked behind the rearmost facade of the residence and is more than 50 feet away from any property line. The pavement and screening requirements of this section shall not apply to a vehicle parked in accordance with this provision; or

(c) The vehicle is parked at least 75 feet from the front property line and at least ten feet from side and rear property lines. No setback will be required from a side or rear property line where the abutting property is zoned for non-residential uses. The pavement and screening requirements of this section shall not apply to a vehicle parked in accordance with this provision.

(22) No vehicle rated to have a carrying capacity exceeding one ton shall be parked on a lot or tract occupied by a single-family dwelling, two-family dwelling or townhouse, unless such vehicle is being actively loaded or unloaded.

(23) Vehicles parked between a dwelling and the street shall comply with the following:

(a) No other vehicle shall be parked between the front property line of a lot or tract occupied by a single-family dwelling, two-family dwelling or townhouse and the portion of the front facade of the residence, including features such as entryway, front porch, side-entry or J-swing garage, or any structure protruding from the residence that is furthest from the street.

(b) No other vehicle shall be parked on a driveway between the side property line of a corner lot or tract occupied by a single-family dwelling, two-family dwelling or townhouse and the facade of the residence closest to the street, unless the vehicle is parked behind an opaque fence and gate at least six feet in height.

(24) No vehicle shall be parked on a lot or tract occupied by a single-family dwelling, two-family dwelling or townhouse when such vehicle is situated on blocks, jacks or anything other than the wheels or mechanisms that are originally designed to equip such vehicles for traveling purposes.

(25) Non-conforming status and exemptions.

(a) Any lawful unpaved driveway that was in existence prior to November 10, 1997, shall be exempted from the paving requirements of this section.

(b) Any other vehicle greater than 25 feet in length that was lawfully parked on a lot or tract occupied by a single-family dwelling, two-family dwelling or townhouse prior to November 10, 1997, shall be exempted from the provisions of division (B)(21) above provided that such vehicles are not located over a public sidewalk, or within a public right-of-way or visibility triangle as defined in § 155.092(I)(36).

(c) Any other vehicle that was lawfully parked between the front property line of a lot or tract occupied by a single-family dwelling, two-family dwelling or townhouse and the facade of the residence that is closest to the street prior to March 28, 2006, shall be exempted from the provisions of division (B)(23) above, provided that such vehicles are not located over a public sidewalk, or within a public right-of-way or visibility triangle as defined in § 155.092(I)(36).

(d) A vehicle lawfully parked under the provisions of divisions (b) or (c) above may be replaced by another vehicle of the same type and same dimensions by the same owner or occupant of the property; provided, however, that the exemptions permitted under divisions (b) and (c) above shall automatically terminate upon a change in ownership or occupancy of a property occupied by a single-family dwelling, two-family dwelling or townhouse upon which the vehicle is parked.

(e) Any other vehicle parked on a lot or tract, occupied by a single-family dwelling, two-family dwelling or townhouse, that is at least one-half acre in size and fronts on an asphalt roadway with bar ditches shall be exempt from division (B)(21), regarding maximum vehicle length and from the provisions of division (B)(21)(b) and (c) regarding the minimum setbacks for vehicles from the side and rear property lines, provided that such vehicles are parked behind the portion of the front facade of the residence that is furthest from the street and are parked on pavement or are screened from view of the street or adjacent residential properties by an opaque screening fence at least six feet in height.

(26) The parking of any vehicles that are prohibited by the aforementioned regulations and not exempted by the above provisions shall be discontinued or removed by the owners of the property upon which the vehicles are parked. No non-conforming use status shall be acquired by such vehicles.

(27) It is not a violation of the aforementioned regulations if: (1) a recreational vehicle is parked on a driveway or other lawful parking area for up to 72 hours before or after a trip for loading, unloading or maintenance so long as such vehicle is parked in compliance with all relevant parking regulations; or (2) a recreational vehicle of a visiting out-of-town guest is parked at a residence for up to 72 hours. Upon the application of the resident, the City Manager or his designee may approve a reasonable extension of time for the parking of a visiting guest's recreational vehicle based on special circumstances or undue hardship.

(28) The minimum off-street parking requirement for a single-family dwelling located in the PR District shall be the same as that imposed on a similar structure in any Single-Family Residential District.

Parking Group Table

	Use	Number of Parking Spaces	Required for each	Additional Requirements
1.	Residential
	a. Single-family dwelling	2	Dwelling unit
	b. Two-family dwelling	2	Dwelling unit
	c. Townhouse	2	Dwelling unit
	d. Garage apartment	1	Dwelling unit
	e. Apartment or multi- family dwelling	2	Dwelling unit for first 50 units, thereafter 1.75 parking spaces for each unit
	f. Boarding or Rooming House	1	Rooming unit
	g. Hotel, Motel or Tourist Court	1	Guest room or residential unit up to 100 units then 0.75 per unit over 100; 50% of these spaces may be counted to satisfy the parking requirements of accessory uses
	h. Manufactured Home or Mobile Home	2	Lot, plot, tract or stand
	i. Private Dormitory	1	Two occupants for designed occupants
	j. Zero-lot-line Dwelling	2	Dwelling unit
2.	Institutional
	a. Community or Welfare Center	1	200 sq. ft. of floor area
	b. School i. Elementary ii. Junior High iii. Senior High iv. Trade/Vocational	1 1 1 1	20 students 18 students 1.75 students Student
	c. College or University	1	4 day students
	d. Public Assembly Hall with fixed seating	1	4 seats
	e. Public Assembly Hall without fixed seating	1	100 sq. ft. of floor area	</TCE>
	f. Church	1	4 seats in sanctuary or auditorium
	g. Kindergarten, Day Nursery or Child Care Center	1	8 pupils
	h. Hospital - acute or chronic care	1	1½ beds
	i. Hospital - alcoholic, narcotic, psychiatric patients	1 1	2 employees or attendant, plus 10 residents
	j. Age Restricted Senior Living Facility	1½	Dwelling unit
	k. Library or Museum	1	300 sq. ft. of public area
	l. Fraternity or Sorority	1	200 sq. ft. of floor area
	m. Student Religious Center	1	250 sq. ft. of floor area
	n. Nursing or Assisted Living Facility	1	6 beds
	o. Mortuary or Funeral Chapel	1	4 seats in chapel
	p. Labor Union	1	300 sq. ft. of floor area
3.	Recreational, Special Entertainment
	a. Theater	1	4 seats
	b. Bowling Alley	4	Lane
	c. Pool halls, Coin-machine Arcades, Other Commercial Amusements (indoor)	1	100 sq. ft. of floor area
	d. Commercial Amusements (outdoors)	1	600 sq. ft. of site area exclusive of building
	e. Ballpark, Stadium	1	8 seats
	f. Lodges, Fraternal Organization	1	200 sq. ft. of floor area
	g. Golf Course		Minimum of 30 spaces
	h. Driving Range or Miniature Golf	1	Space for each driving tee
4.	Personal Service and Retail
	a. Personal Service Shop	1	200 sq. ft. of floor area
	b. Retail Store or Shops (inside)	1	250 sq. ft. of floor area for the first 3,000 sq. ft.; thereafter 1 space for each additional 300 sq. ft.
	c. Furniture Sales, Appliance Sales and Repair	1	400 sq. ft. of floor area
	d. Open Retail Sales	1	600 sq. ft. of site area exclusive of buildings
	e. Coin-operated or Self- service Laundry or Dry Cleaning	1	3 washing machines
5.	Foods and Beverage Services
	a. Eating place (inside), eating only; no drive-through service	1	100 sq. ft. of floor area	Minimum of 12 spaces
	b. Eating place with drive- through service, Bar, Night Club and Private Club	1	75 sq. ft. of floor area	Minimum of 4 spaces; for drive- through window, see § 155.099(B)(36) for stacking requirements
6.	Business Services
	a. Bank	1	300 sq. ft. of floor area
	b. Savings and Loan or Similiar Institution	1	400 sq. ft. of floor area
	c. Medical, Dental Clinic or Office	1	150 sq. ft. of floor area	Minimum of 5 spaces
	d. Other Office, Business or Professional	1	300 sq. ft. of floor area	Minimum of 5 spaces
7.	Automotive and Equipment
	a. Service Station, including incidental car wash	1	200 sq. ft. of floor area	Minimum of 4 spaces
	b. Motor Vehicle Repair, Garage or Shop (indoors)	1	500 sq. ft. of floor area	Minimum of 5 spaces
	c. Motor Vehicle Parts and Accessory Sales (indoors)	1	200 sq. ft. of floor area
	d. Motor Vehicle Parts and Accessory Sales (outdoors)	1	1,000 sq. ft. of floor area
	e. Vehicle or Machinery Sales (indoor)	1	500 sq. ft. of floor area
	f. Vehicle or Machinery Sales (outdoors)	1	5,000 sq. ft. of floor area
	g. Self Service Car Wash Machine Car Wash	2 tandem spaces 1	Wash bay 150 sq. ft. of floor area	2/3 of the minimum spaces shall be tandem spaces for cars awaiting wash or vacuum
8.	Storage, Wholesale and Manufacturing
	a. Brick or Lumber Yard or Similiar Area	1	1,000 sq. ft. of site area
	b. Open Storage of Sand, Gravel, or Petroleum	1	2,000 sq. ft. of site area
	c. Warehouse and Enclosed Storage	1 1	3,000 sq. ft. of floor area plus 300 sq. ft. of office area, if any
	d. Outside Storage	1	5,000 sq. ft. of site area used for outside storage
	e. Commercial or Wholesale Operations	1 4	1,000 sq. ft. of floor area or for each 5 employees on largest shift, whichever is greater
	f. Manufacturing Operations	1 4	1,000 sq. ft. of floor area or for each 5 employees on largest shift, whichever is greater
	g. Mini-Warehouse	1	300 sq. ft. for manager's office or quarters

(29) Minimum off-street parking standards. The number of off-street parking spaces required for each building or use shall be determined by reference to the following table of parking groups. Parking groups are identified for each building or use in § 155.054(B). For any use not listed, or where the listed regulations are not applicable in the judgment of the Director of Planning and Development, the parking requirements shall be determined by the Director of Planning and Development. Computations of required parking spaces by the Director of Planning and Development shall be final.

(30) The design and dimensions of off-street parking areas shall be in accordance with the following table of minimum dimensions. Minimum stall widths shall be nine feet, except for residential and all day office parking which may utilize stalls eight and one-half feet in width, provided that minimum aisle widths are increased by one foot. In addition, the dimensions of up to 20% of the total number of off-street parking spaces may be reduced to eight feet in width and 16 feet in depth to accommodate compact automobiles. All dimensions below are in feet.

Angles (Degrees)	0	30	45	60	90
Stall, Parallel to Aisle	23.0	18.0	12.7	10.4	9.0
Stall, Perpendicular to Aisle	9.0	16.5	19.0	20.0	18.0
Aisle Width, One-Way	12.0	12.0	12.0	16.0	24.0
Aisle Width, Two-Way	22.0	22.0	22.0	24.0	24.0
Cross Aisle, One-Way	11.0	11.0	11.0	11.0	11.0
Cross Aisle, Two-Way	22.0	22.0	22.0	22.0	22.0

(31) Off-street parking spaces shall be clearly marked according to the stall layout on file in the Development Services Department.

(32) Parking spaces abutting on adjoining property line or street right-of-way shall be provided with wheel guards or bumper guards so located that no part of a normally parked vehicle will extend beyond the property line. When wheel guards are used, they shall be centered 2.5 feet from the property line for 90 degree parking, 2.3 feet for 60 degree parking, and 2.0 feet for 45 degree and 30 degree parking.

(33) Approval of the parking area layout and design of all off-street parking areas shall be by the Director of Planning and Development. The Director of Planning and Development shall determine that spaces provided are usable, and that the circulation pattern of the area is adequate.

(34) Pedestrian access to buildings shall be provided from rights-of-way and parking areas by means of a pathway leading to at least one public entrance. Such pathway shall be cleared of all obstructions related to construction activity prior to the opening of the building to the general public.

(1) Required off-street parking space may be located behind the minimum required front yard in any 2F, MF-1 or MF-2 District.

(2) Required off-street parking space may be located in the minimum required front yard in any PR, A or Single-Family Residential District.

(3) All required off-street parking spaces shall be located completely behind the property line of any district classification provided in this chapter.

(4) In all non-residential districts, surface parking may extend to the front property line except as prohibited by other sections of this chapter.

(D) Handicapped parking regulations.

(1) Where curbs exist along pedestrian pathways, as between a parking lot surface and sidewalk surface, inclined curb approaches or curb cuts having a gradient of not more than one foot in 12 feet and width of not less than four feet shall be provided for access by wheelchairs. The maximum allowable slope of an accessible pathway for disabled individuals shall not exceed 1:20 or 5% gradient.

(2) A parking lot servicing each entrance pathway shall have a number of level parking spaces, as set forth in the following table:

Parking Spaces for the Disabled
Total Space in Lot	Required Number of Reserved Spaces
Up to 50	1
51 to 100	2
over 100	3% of total

(3) Location. Parking spaces for disabled individuals, both employee and visitor, should be the spaces within the lot, closest to an accessible building entrance, and be connected to this entrance by an accessible path. Such parking spaces shall not include any fire lane aisles or other maneuvering areas for vehicles.

(4) Parking spaces for individuals with physical disabilities shall be 96" wide with a 60" wide access aisle. Access aisles may be shared by two accessible parking spaces.

(5) Access aisles shall be marked to prevent vehicle parking within their limits.

(6) The maximum allowable slope of an access aisle shall be 1:50.

(7) Access aisles shall have smooth transitions with adjoining walkways, either by joining at a common level or by use of curb ramps at maximum allowable slope of 1:12.

(8) The minimum clear width of pathways adjacent to parking spaces shall not be reduced by vehicle overhang. Wheelstops, railings, billiards, or other devices, shall be provided, to insure clear width.

(9) Identification. Accessible parking spaces shall be designed as reserved for the handicapped through display of identification signs. Each such sign must display a profile of a wheelchair with occupant and at least the words "Handicapped Parking" and be placed so that it will not be obscured by parked vehicles. The signs shall conform to the standard size, weight, and length as set forth in the Texas Manual on Uniform Traffic Control Devices.

(10) Care in planning should be exercised so that individuals in wheelchairs and individuals using braces and crutches are not compelled to wheel or walk behind parked cars.

(E) Bonus for landscaping of off-street parking facilities. The minimum off-street parking requirements shall be reduced up to a maximum of 10% of the requirement for those parking facilities designed to accommodate 20 or more vehicles where a percent of the total parking area has been retained and developed as landscaped open space area. The percent of the landscaped open space area shall determine the maximum percent reduction, which will be permitted in the total number of off-street parking spaces.

(F) Off-street loading regulations.

(1) The owner and the occupier of any property upon which a business is located shall provide loading and unloading areas of sufficient number and facility to accommodate on such business premises all vehicles that will be reasonably expected to simultaneously deliver or receive materials or merchandise, and of sufficient size to accommodate all types of vehicles that will be reasonably expected to engage in such loading or unloading activities.

(2) Any person desiring a building permit for the construction, alteration, or change of use of the land or any business building or structure shall submit a plot plan to the Building Official designating the number, dimensions and locations of all loading areas and all proposed avenues of ingress and egress to the property from adjacent public thoroughfares. The Building Official shall not issue such permit if it is determined that the proposed loading and unloading facilities will present a direct or indirect hazard to vehicular or pedestrian traffic.

(3) Required off-street loading facilities may be adjacent to a public alley or private service drive, or may consist of a berth within a structure.

(4) No portion of a loading facility may extend into a public right-of-way or into an off-street parking facility elsewhere herein required.

(5) The off-street loading spaces or truck berths shall provide maneuvering areas on site to prevent any blockage of public right-of-way.

(Ord. 671, passed 4-15-86; Am. Ord. OR-2223-21, passed 10-11-21)

§ 155.092 LANDSCAPING AND SCREENING STANDARDS.

(A) Intent. The standards of this section promote public health, safety, and welfare by establishing minimum standards for the design, the construction, and the maintenance of landscape improvements for thoroughfares, open spaces, and development. The standards of this section also enhance the overall aesthetic condition of the community and public realm with landscaping by:

(1) Visually coordinating the public and private realms;

(2) Providing spatial definition to the public realm; and

(3) Providing for screening of unsightly places and/or mitigation of visually incongruent conditions.

(B) Applicability. The provisions of this section are the minimum standards for all proposed projects in all zoning districts. Where the provisions of this section are in conflict with those of the D, S, FR, SE, or PD Districts, those of the D, S, FR, SE, or PD Districts shall govern. Where the D, S, FR, SE, or PD Districts are silent on landscaping issues, the provisions of this section shall govern. The landscape plans required by this section are subject to administrative approval by the Landscape Administrator. The Landscape Administrator may permit an alternate landscape practice if it is consistent with the provisions of this section and furthers the public health, safety, and welfare and community aesthetics.

(C) New development. For the purposes of this section, NEW DEVELOPMENT shall be defined as any new construction on a vacant or an undeveloped lot or any addition to existing construction that expands the floor area by the lesser of 30% or 3,000 square feet in any MF-1, MF-2, OP, C-1, C-2, C-3, D, S, I-1, I-2, FR, or PD Districts. All landscaping for new development shall be brought up to the applicable standards of this section within one year from approval of the landscape plan. For any new development, the Landscape Administrator may not require that existing buildings, parking lots, retaining walls, or other visual screens be brought up to the applicable standards of this section within one year of approval of the landscape plan.

(D) Landscape plan required. A landscape plan shall be required for new development projects in the MF-1, MF-2, OP, C-1, C-2, C-3, D, S, I-1, I-2, FR, SE, and PD Districts prior to the issuance of any required permit. A landscape plan shall be prepared by a Registered Landscape Architect (“RLA”) and shall be submitted along with the applicable permit to the approving department for review. The Landscape Administrator may not require a landscape plan prepared by an RLA for new development or sites less than one acre in area. No required permits shall be issued for building, paving, or construction until a landscape plan has been reviewed and approved by the Landscape Administrator. Prior to the issuance of a certificate of occupancy for any building or structure, all screening and landscaping shall be constructed or installed in accordance with an approved landscape plan.

(E) Enforcement. If at any time after the issuance of a certificate of occupancy or other license or permit required by the city, that the constructed or installed landscaping does not conform to the provisions of this section, then the Director of Regulatory Compliance, or their designee, will issue notice to the property owner, the authorized representative of the property owner, or the tenant, describing the nature of the violation and identifying the action(s) required to fully comply with the provisions of this section. If the landscaping is not installed or replaced as directed, the property owner, the authorized representative of the property owner, or the tenant shall be in violation of the provisions of this section. Violations of this section shall be punished in accordance with § 10.99 of the Code of Mansfield, Texas.

(F) Security. Landscaping shall not impede the ability of pedestrians to look out, over, or into public areas (i.e., natural surveillance). Property owners and developers and their RLAs are encouraged to utilize the basic concepts of Crime Prevention Through Environmental Design (“CPTED”) when preparing landscape plans. The Landscape Administrator may consider basic concepts of CPTED as alternatives to landscape plant locations where security issues may be presented.

(G) General standards. The following criteria and standards shall apply to all landscaping, landscape materials, and their construction and installation, in all zoning districts:

(1) All projects shall be sensitive to natural surroundings. Site designs shall minimize grading and follow the natural contours to the greatest extent. Graded slopes should be rounded and contoured to blend with the terrain.

(2) Landscape construction and installation shall be aesthetically pleasing and be consistent with the following principles and techniques:

(a) Property owners and developers are encouraged to construct and to install landscapes of plants native to the region, including drought-tolerant materials that can provide shade.

(b) Property owners and developers are encouraged to construct and to install landscapes that will provide spatial definition forthe public realm (i.e., provide clear delineation between private and public space).

(c) Property owners and developers are encouraged to install a limited palette of tree species in order to achieve a unique visual identity for the community.

(d) Property owners and developers are encouraged to install and construct unique landscape improvements that will screen or mitigate conditions that are incongruent with visually harmonious and aesthetically pleasing development.

(e) Property owners and developers are encouraged to install and to construct high-quality landscape improvements that will mask surface parking lots from view while enhancing building architecture and urban design.

(3) Parking spaces and building mechanical equipment shall be prohibited within buffer yards, street landscape setbacks, and landscaped medians, islands, or areas. Decorative fences and walls, subject to review and approval by the Landscape Administrator may be considered as a part of the landscaping improvement if they are integrated into the landscape plan and provided that they do not adversely impact plantings.

(4) Signs and sidewalks are permitted in buffer yards, street landscape setbacks, and landscape medians, islands or areas in compliance with all other aspects of the City of Mansfield, Texas Code of Ordinances. Landscaping improvements shall be installed and constructed in a manner to prevent interference with signage; and, likewise, ground-based or monument-type signage shall be integrated into the landscape plan to ensure compatibility.

(5) No portion of the required landscape setback shall be located within the public right-of-way.

(6) Non-living landscaping materials such as wood chips and mulch may be used in, around, and under trees, shrubs, and other plants, unless otherwise required by the Landscape Administrator. Rock, crushed granite and gravel may be considered landscape materials if approved by the Landscape Administrator as part of a comprehensive site design, meeting aesthetics and functional criteria.

(7) Curbing or other protective devices or barriers shall be installed to protect landscape buffer strips and street landscape setbacks from vehicular encroachment. In order to accommodate drainage, curbing does not have to be continuous. No motor vehicle shall be driven on any landscape buffer strip or street landscape setback.

(8) Landscaped medians or islands with raised curbs shall be used to define surface parking lot entrances; the ends of all parking aisles; the location and pattern of primary internal access driveways; and to provide pedestrians with refuge areas and walkways.

(9) Plant materials shall conform to the standards of the recommended plant list in this section.

(10) During the months of June through August, only containerized trees may be planted, unless otherwise approved by the Landscape Administrator.

(11) Required trees are encouraged to be placed along the south and west sides of any residential property in the PR, SF, 2F, MH, MF-1, MF-2, D, S, and PD Districts in order to provide seasonal shade, sun, and temperature regulation and to encourage the conservation of energy used in buildings and structures through strategic shading and wind breaks.

(12) Grass seed, sod and other materials shall be clean and reasonably free of weeds and noxious pests and insects.

(13) The soil shall be prepared in a manner consistent with accepted planting procedures prior to the installation of sod, grass seed or other materials.

(14) In the MF-1, MF-2, OP, C-1, C-2, C-3, D, S, I-1, I-2, FR, SE, and PD Districts, plastic, rubber or non-durable edging shall be prohibited. Concrete, metal, and other durable edging shall be provided between planting beds and other landscaped areas.

(15) Ornamental trees shall have three trunks or canes with a minimum caliper of one inch per trunk as measured six inches above grade at time of planting. Ornamental trees shall be selected from the recommended plant list in this section.

(16) Ornamental trees shall have a minimum crown spread of 15 feet at maturity. Ornamental trees having a mature crown spread of less than 15 feet may be substituted by grouping the trees to create the equivalent crown spread of 15 feet.

(17) Canopy trees shall be a minimum caliper of three inches as measured six inches above grade and seven feet in height at time of planting. Canopy trees shall be selected from the recommended plant list in this section.

(18) Unless otherwise approved by the Landscape Administrator, tree plantings shall not include more than 50% of the same tree species.

(19) Canopy trees shall have a minimum crown spread of 25 feet at maturity.

(H) Planting standards.

(1) Where trees are not able to stand on their own, trees shall be staked with an at grade root ball securing system. The system shall securely anchor the root ball, while allowing the trunk and crown to move naturally. The system shall not use materials and methods that penetrate or damage the root ball. Grade root ball securing systems must be removed after one growing season. Above grade staking systems such as “T” posts with wires, hoses, straps, or guy wires wrapped around the tree trunk, shall not be allowed unless authorized by the Landscape Administrator.

(2) Non-dwarf variety shrubs shall be a minimum of three feet in height measured above grade at time of planting. Dwarf variety shrubs shall be a minimum of two feet in height measured above grade at time of planting.

(3) Hedges required by the provisions of this section shall be planted and maintained to form a continuous, unbroken, solid visual screen of three feet in height measured above grade within 18 months of planting. The design of the plantings may meander or curve within the required landscape setback or buffer yard.

(4) Landscaping, except required grass and low ground cover, shall not be located closer than three feet from the edge of any parking space.

(5) Evergreen vines not intended as ground cover shall be a minimum of two feet in height measured above grade at time of planting.

(6) Grass areas shall be sodded, plugged, sprigged, hydro-mulched, or seeded, except that solid sod shall be used on slopes and in swales or when necessary to prevent erosion. Grass areas shall be established with complete coverage within a six-month period from planting, and shall be re-established, if necessary, to ensure grass coverage of all areas.

(7) Grass or ground cover planted in the street landscape setback shall extend to the street pavement or curb.

(8) Ground cover used in-lieu-of grass shall be planted in such a manner as to present a finished appearance and reasonable completed coverage within one growing season.

(9) All landscaped areas shall be irrigated in accordance with the requirements of this section. Natural areas or areas identified as “no disturbance zones” need not be irrigated.

(10) Earthen berms with small vertical differentials may have side slopes not to exceed three-to-one (i.e., three feet of horizontal distance for every one foot of height). Earthen berms with larger vertical differentials shall be reviewed by the Landscape Administrator and such review shall be coordinated with the City Engineer for appropriate slope criteria. All berms shall contain necessary drainage provisions and be approved by the City Engineer.

(11) The Landscape Administrator approves the placement of all trees. With the exception of street trees, trees shall be planted as far away from public utility lines as possible while still within the required landscape area, unless approved by the Landscape Administrator and the City Engineer. If the tree planting is approved, the Landscape Administrator may require alternative-planting methods including, but not limited to, the use of root barriers, may be required.

(12) Where overhead utilities exist or are planned, ornamental trees may be required by the Landscape Administrator, rather than large canopy tree plantings, at a replacement density of two ornamental trees for each required canopy tree. No tree which has a mature height of 25 feet or greater shall be planted beneath an existing or proposed overhead utility line.

(13) Landscaping may be situated on or within a public utility or drainage easement provided that the plantings or improvements shall first be approved by the Landscape Administrator before their construction or installation, and that the city and any public utility service provider shall have the right to remove temporarily or permanently all or a part of any plantings or improvements which may endanger or interfere with its respective systems within said easement and shall not be liable for damages or replacement of such growths or improvements.

(14) For mature trees overhanging or adjacent to streets, fire lanes or other access ways, a minimum 14 foot vertical clearance shall be maintained.

(15) For mature trees overhanging or adjacent to walkways and paths, a minimum nine foot vertical clearance shall be maintained.

(16) All trees, plantings, and plant materials shall conform to the greatest extent with the best management practices and techniques for planting and pruning, American National Standard Institute (ANSI A300).

(17) The property owner, the authorized representative of the property owner, or the tenant shall be responsible for mowing and maintenance of earthen berms.

(18) All landscaping shall be maintained in a healthy and growing condition at all times. The following landscaping maintenance note shall be placed on each landscape plan:

“Landscaping Maintenance: The property owner, tenant or agent, shall be responsible for the maintenance of all required landscaping in a healthy, neat, orderly and live-growing condition at all times. This shall include mowing, edging, pruning, fertilizing, irrigation, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds and other such materials not a part of the landscaping. Plant materials that die shall be replaced with plant materials of similar variety and size.”

(19) Obstruction prohibited. No planting, retaining wall, fence, or other visual screen shall be constructed or installed so that it obstructs the vision of a motorists or cyclists approaching any thoroughfare, alley, or intersection. For the purposes of this provision, visual obstruction shall be deemed as any planting, retaining wall, fence, or other landscape construction or installation that is taller than 36 inches above ground level at the property line, except for single trees having single trunks, which are pruned to a height of seven feet above ground level.

(20) Visibility triangle required. No planting, retaining wall, fence, or other visual screen shall be constructed or installed so that it obstructs the vision of motorists or cyclists approaching any street or driveway intersection. At all thoroughfare or driveway intersections, clear visibility shall be maintained across the lot for a proper distance along both thoroughfares and driveways as required by the Mansfield Roadway and Access Management Design Criteria.

(I) Xeriscaping. For the purposes of this section, XERISCAPING is defined as a method of landscaping that emphasizes water conservation, accomplished by following sound horticultural and landscaping practices, such as planning and design, soil improvement, limited turf areas, use of mulches, use of low-water demand plants, efficient irrigation practices and appropriate maintenance. The use of xeriscaping is intended to promote prudent use of the city’s water resources and reduce the need for additional water system infrastructure and to help ensure viability of required plantings during periods of drought. All landscaping shall comply, where feasible, with the following requirements designed to reduce water usage:

(1) Required plant materials shall be selected from those identified as native plants, and those that have been adapted to the local climate and conditions. Native plants and planting practices are identified through the “Texas SmartScape” program as published by the North Central Texas Council of Governments Regional Storm Water Management Program.

(2) Where specific conditions reduce the likelihood that these plant materials will survive, alternative plants may be provided, subject to review and approval by the Landscape Administrator.

(3) Plants not recommended in the “Texas SmartScape” program are subject to the review and approval of the Landscape Administrator. The Landscape Administrator may require the applicant provide additional information related to the hardiness, adaptability and water demands of the plant(s) when used.

(4) For maximum reduction in water usage, xeriscape plants should not be interspersed in plant massings with plants requiring higher water usage. Property owners and developers are encouraged to design irrigation systems and watering schedules that supply the appropriate amount of water for plantings, without overwatering.

(5) Permeable pavement in low-traffic areas or overflow parking may be approved by the Landscape Administrator and by the City Engineer where conditions are favorable to filter storm water and reduce run-off. Adequate strength of the permeable pavement must be proven by the applicant to ensure pavement life.

(J) Irrigation.

(1) All new development shall be irrigated by an underground irrigation system that may include a drip irrigation system. This irrigation system shall adhere to the manufacturers’ specifications and the rules and regulations established by the Texas Commission on Environmental Quality (TCEQ), or its successor agency, and the provisions set forth in Ch. 54 of the City of Mansfield, Texas Code of Ordinances (Water Demand Management and Drought Contingency Plan).

(2) All underground irrigation systems in the public right-of-way, including medians and parkways, shall be subject to review and approval by the City Engineer.

(3) All underground irrigation systems shall be designed by an irrigator licensed by the State of Texas.

(4) All underground irrigation systems shall be designed and installed and be maintained, altered, repaired, serviced, and operated in a manner that will promote water conservation as defined by Ch. 54 of the City of Mansfield, Texas Code of Ordinances (Water Demand and Drought Contingency Plan).

(5) All new development in the PR, A, SF, 2F, and MH Districts in which the first plat was approved on or before November 12, 2012, shall be exempt from the requirements of this division (H).

(K) Walkability. All new development in the MF-1, MF-2, OP, C-1, C-2, C-3, D, S, I-1, I-2, FR, SE, and PD Districts shall integrate walkways and other pedestrian paths into the required landscape plan. Walkways and other pedestrian paths shall comply with the following:

(1) At a minimum, walkways and other pedestrian paths shall be integrated into new development as follows:

(a) For a new development proposing a single building, walkways and pedestrian paths shall be connected to those existing or proposed on adjacent lots or parcels of land, and to sidewalks along the street wherever possible.

(b) For a new development proposing two or more buildings, sidewalks, walkways, and pedestrian paths shall:

1. Be connected to those existing or proposed on adjacent lots or parcels of land, and to sidewalks along the street wherever possible; and

2. Shall provide direct pedestrian connections to the entrance of each individual tenant space on the ground floor, to passive space, and to other civic and open spaces to increase pedestrian activity.

(2) Walkways and pedestrian paths shall be appropriately landscaped with trees, plantings, planting beds, ground covers, benches, and similar subject to review and approval by the Landscape Administrator. The sidewalks, walkways, and pedestrian paths may be intersected by vehicular drives internal thoroughfares and driveways.

(3) Unless otherwise approved by the Director of Planning or designee to match existing sidewalks, walkways and pedestrian paths shall be a minimum of six feet in width and shall extend along the entire length of the exterior wall of building having at least one building entrance for pedestrians. In addition, other walkways and pedestrian paths shall be constructed as appropriate to bring customers from parking areas to the customer entrance should be provided.

(4) All walkways and other pedestrian paths shall maintain a minimum unobstructed width of three feet, unless otherwise approved by the Director of Planning or designee.

(5) To the extent possible, the portion of a building facade at the ground floor shall provide any combination of arcades, awnings, canopies, or other similar shading structures subject to the review and approval of the Director of Planning or designee to protect building entrances and adjacent outdoor spaces from sun, rain, and other natural conditions.

(6) The pavements of such sidewalks, walkways, and other pedestrian paths shall be brick, cobble, concrete, stone, or other similar material. Walkways and pedestrian paths in surface parking lots shall be differentiated from parking area pavement through a change in surface texture, material, style, and/or color.

(a) Pavement strength must be at least equal to the adjacent pavement.

(b) Porous paving materials in order to increase stormwater infiltration on the site may be used subject to the review and approval of the Landscape Administrator.

(7) Pathways intended for joint pedestrian and bicycle use shall have a minimum pathway width of ten feet, unless otherwise approved by the Director of Community Services.

(8) Notwithstanding the above, buildings dedicated to arts, culture, education, government, and places of worship shall provide internal pedestrian walkways appropriate to their traffic circulation patterns (i.e., pick up and drop off areas); where they connect to neighborhoods; and as needed for multiple ingress and egress points to their type of land use.

(9) The design and the construction of all walkways and pedestrian paths shall conform to all provisions of the Americans with Disabilities Act (ADA) Guidelines.

(L) Aesthetics and passive space. All new development in the MF-1, MF-2, OP, C-1, C-2, C-3, FR, SE, and PD Districts shall dedicate a minimum of 10% of the total building floor area to passive space. For the purposes of calculating passive space requirements in the FR and SE Districts, the calculations shall apply to the entire parcel of land, where abutting a highway. All new development on parcels of land in the I-1 and I-2 Districts fronting on Heritage Parkway and Lone Star Road only, shall dedicate a minimum of 2,000 square feet of area to passive space. Passive space shall be located within 100 feet of the geographic center of the parcel of land, except as reviewed and approved otherwise by the Director of Planning to accommodate site constraints and provided that such location is consistent with the intent of these provisions; and such space shall be entered directly from a thoroughfare, a walkway or other pedestrian path. Examples of passive space are depicted in Diagrams 1, 2, and 3 as attached to Ord. OR-2316-23.

(1) All buildings dedicated to arts, culture, education, government, and places of worship shall be exempt from the provisions of this division (L).

(2) All new development shall dedicate a minimum of 10% of the total building floor area to passive space. Passive space shall be entered directly from a thoroughfare, a walkway or other pedestrian path, or a civic or open space.

(a) Passive space may be enclosed with a fence, hedge, or wall.

(b) Passive space shall be paved in brick, concrete, gravel, or grass.

(c) Passive space shall be maintained by the property owner, the authorized representative of the property owner, or the tenant(s).

(d) Passive space shall have benches and two or more of the following program elements:

1. Concert space.

2. Dog park.

3. Festival.

4. Fountain.

5. Furniture games.

6. Multi-activity area.

7. Outdoor dining.

8. Performance space.

9. Public art.

10. Water feature.

11. Other similar activities and architectural features subject to the review and approval of the Director of Planning or designee.

(3) Each area, focal feature, or amenity shall be sized appropriately to fit the design, activity, occupants and population of the development.

(4) These areas, focal features, or amenities shall have direct access to the internal pedestrian walkways and shall not be constructed of materials that are inferior to the principal materials of the building and landscape.

(5) When reviewing passive space designs for compliance with the provisions of this division (L), the Director of Planning or designee may permit sharing of program elements and activities for master planned new development in the OP, C-1, C-2, C-3, I-1, I-2, FR, SE, and PD Districts.

(M) Application procedure. A landscape plan shall accompany an application for a building, paving, or construction permit for new development in the MF-1, MF-2, OP, C-1, C-2, C-3, D, S, I-1, I-2, FR, SE, and PD Districts and shall be submitted to the appropriate department for review in accordance with the specified submittal requirements. The landscape plan shall provide the following information:

(1) Appropriate title and page numbers;

(2) Title block to include the street address, lot and block numbers, subdivision name, city, state and date of preparation;

(3) Name and address of property owner;

(4) Name and address of person preparing plan with proof of qualifications;

(5) Written and graphic scale at a minimum of 1” = 40’ or greater;

(6) North arrow;

(7) Boundaries of the area covered by the landscape plan with dimensions;

(8) Location and size of existing or proposed public or private streets or alleys;

(9) Location of existing or proposed structures, pavement, walkways, and driveways;

(10) Location of existing or proposed easements;

(11) Location of existing or proposed drainage ways, and significant natural features;

(12) The width of all required or proposed landscape buffer yards shown and labeled;

(13) The width of all required or proposed landscape setbacks shown and labeled;

(14) The size and type of all screening, included construction details, shown and labeled;

(15) Location, size and species of all trees to be preserved with protection measures identified on plans;

(16) Location, quantity, size and name of all proposed landscape features, including plants, paving, benches, screens, fountains, statues, earthen berms, ponds (to include depth of water), topography of the site and any other proposed feature;

(17) Maintenance note, see division (F)(18);

(18) Enhanced pavement proposed labeled;

(19) Berms delineated with one foot contour intervals;

(20) Irrigation sleeves on the landscape, irrigation, paving and site plans;

(21) Parking calculations to determine the number of trees required in the parking areas;

(22) Landscape calculations to explain how the numbers and types of plants were determined;

(23) Any other pertinent information deemed necessary by the Landscape Administrator or City Engineer;

(24) Plant list shown in a similar format as shown in division (CC), Recommended plant list.

(N) Buffer yard and screening. All new developments, except those in the D and S Districts, are required to provide buffer yards and screening in accordance with the provisions of this division. However, in the D (e.g., D-2, D-3, and SD-1) and S (e.g., T-4, T-5, and T-6) Districts only, all permitted mixed-use and other non-residential development shall comply with the applicable provisions for the C-2 District where abutting any property zoned as PR, A, and SF District. For all permitted mixed-use and other non-residential development in the D (e.g., D-2, D-3, and SD-1) and S (e.g., T-4, T-5, and T-6) Districts abutting a single-family residential (detached) lot, the applicable provisions for the C-2 District shall also apply.

(1) For the purposes of this section, a BUFFER YARD is defined as a strip of land, together with a specified amount of plantings and any structures that may be permitted or required between land uses to eliminate or minimize conflict between the uses.

(2) Buffer yards shall be located within and along the outer perimeter of a lot or boundary line and entirely on private property. No part of any visual screening shall be located in public right-of-way.

(3) Only those structures used for buffering and/or screening purposes shall be located within a buffer yard. The buffer yard shall not include any paved area, except for pedestrian sidewalks or paths or vehicular drives that may intersect the buffer yard and which shall be the minimum width necessary to provide pedestrian or vehicular access.

(4) The Landscape Administrator in coordination with the City Engineer may review and approve an alternative type, location or configuration of buffer yard or visual screening to avoid potential interference with public utilities or flood water conveyance. The alternative recommendation shall meet the intent of this section to screen or buffer uses. Wood fencing or chain link fencing are not permitted alternatives. Preservation of existing natural areas and vegetation may be considered as alternatives to separate incompatible land uses.

(5) Trees, shrubs, and ground cover shall be planted in the buffer yard by the developer or owner of the developing property according to the type of buffer yard required.

(6) To determine the type of buffer yard and screening required, the developer must know the zoning and proposed use of his property and the zoning and existing use of any adjacent properties. The developer must first find either the zoning or proposed use of the property being developed in the first column of the table below, then look for the zoning or existing use of any adjacent property in the top row of the table. The types of required buffer yards and required screening are listed horizontally across from the proposed use or zoning of the property being developed and under the corresponding column heading depicting the zoning or existing use of the adjacent properties.

(7) Types of required buffer yards and screening:

	SF, 2F, PR w/Res	MF, Townhouse	OP, C-1, C-2	C-3, I-1, I-2	Existing Church, School, or City Use	Vacant PR	MH
SF, 2F, PR w/Res	NA	NA	NA	NA	NA	NA	NA
SF, 2F, PR w/Res	NA	NA	SW8**	SW8**	WF6	NA	NA
MF, townhouse	BY50	BY10	BY10	BY10	BY10	BY50	BY10
MF, townhouse	SW6	NA	SW6**	SW6**	SW6	NA	SD6
OP, C-1, C-2	BY20	BY10	BY10*	BY10*	BY10	BY20	BY10
OP, C-1, C-2	SW8	SW6	NA	NA	SW6	NA	SW6
C-3, I-1, I-2	BY30	BY10	BY10*	BY10*	BY10	BY30	BY10
C-3, I-1, I-2	SW8	SW6	NA	NA	SW6	NA	SW6
Church, school, or city use	BY10	BY10	BY10	BY10	BY10	BY10	BY10
Church, school, or city use	SD6	SD6	NA	NA	NA	NA	NA
MH	BY20	BY10	BY10	BY10	BY10	BY10	BY10
MH	SD6	SD6	SW6**	SW6**	SD6	SD6	SD6
Tree plantings are reduced by 50%. When plantings are reduced, trees must be staggered between properties. *Not applicable if adjacent property is vacant. PR w/Res means a lot or tract that is zoned PR and occupied by a residential use.

(8) BY10: Minimum ten foot wide buffer yard with one tree planted for every 25 linear feet or portion of said landscape buffer strip.

(9) BY20: Minimum 20 foot wide buffer yard with one tree planted for every 25 linear feet or portion of said landscape buffer strip.

(10) BY30: Minimum 30 foot wide buffer yard with one tree planted for every 25 linear feet or portion of said landscape buffer strip.

(11) BY50: Minimum 50 foot wide buffer yard with a double row of plantings. One row shall contain deciduous canopy trees placed at one tee per 50 linear feet. A second row shall contain evergreen canopy trees placed at one tree per 50 linear feet.

(12) Buffer yards are not required within the same multi-family residential, town home or manufactured home subdivision on separately platted lots.

(13) Where the adjacent property is in a Planned Development District, the required buffer yard and screening shall be determined by the uses permitted in the Planned Development District that abut the property being developed.

(14) When a lot line is adjacent to two zoning districts, the required buffer yard shall comply with the more restrictive requirement.

(15) Existing manufactured home rental communities or subdivisions are exempt from the buffer yard requirements.

(16) For developments in the I-1 and I-2 Districts, which are not abutting any properties in a residential zoning classification or a PR District classification that is occupied by a residential use, the required buffer yard may be waived in lieu of a designated landscaped area of at least 10% of the total lot area. This landscaped area shall contain additional plant materials to enhance customer walkways, building fronts, outdoor seating areas or other similar areas preferably in front of or to the side of buildings or in parking areas.

(17) When a shared drive or building is situated along or over a common property line, the Landscape Administrator may allow a substitute of either:

(a) A drive aisle median strip adjacent to the shared drive as described later in this section; or

(b) Require a landscape area with the equivalent square footage and trees as in the required buffer yard to be placed anywhere else on the site in addition to all the other required landscaping.

(18) A seven and one-half foot screening wall construction and maintenance easement shall be provided by the developer of any residential development submitted after the approval date of this ordinance that abuts non-residential zoning in order to facilitate the construction and perpetual maintenance of the masonry screening wall that is required on the non-residential property under the provisions of this section.

(19) SW6: Minimum six and maximum eight foot tall screening wall.

(20) SW8: Eight foot tall screening wall.

(21) The SW6 and SW8 screening walls required in this section shall be constructed of the following materials:

(a) Brick, stone or split-face concrete masonry unit;

(b) Pre-cast concrete wall or pour in place concrete wall with a similar appearance as brick, stone or split-face concrete masonry unit.

(22) SD6: Minimum six foot and maximum of eight foot screening device.

(23) The SD6 screening devise required in this section shall be constructed of the following materials.

(a) Wood - Cedar or redwood only;

(b) Masonry - Brick, stone, decorative or split-face block only;

(d) Wrought iron or tubular steel provided that screening shrubs (able to screen up to six feet in height within 18 months of planting) are placed adjacent to the fence on private property;

(e) Combination of two or more of the above construction materials; or

(f) Other alternate construction materials provided that the Planning and Zoning Commission explicitly authorize them.

(24) Notwithstanding the above, the school district may use chain link fencing with slats that provide 90% opaqueness.

(25) Construction design of the screening wall and device shall be in accordance with the following:

(a) Screening device shall be constructed with cedar or redwood panels and supported by horizontal rails of the same materials. Galvanized steel posts with concrete footings shall be placed at intervals of no longer than eight feet on center. The galvanized steel posts shall be a minimum 15 to 18 gage and minimum 2-3/8” in diameter. There shall be at least three horizontal rails for a six foot high fence and four horizontal rails for an eight foot high fence. A hole with a minimum diameter of ten inches and a minimum depth of 24 inches shall be required for the concrete footings.

(b) The side of a screening device with horizontal rails and posts shall not face the adjacent property or street along the perimeter of the development.

(c) When a screening wall is built in phases for a development, the color, height, style and exterior finish for all phases shall be as closely similar as possible, and shall, in no case, be incompatible. The screening wall shall be equally finished on both sides.

(d) All screening walls required by this section shall be constructed of materials with earth tone colors or traditional masonry colors. Screening walls with nontraditional masonry colors shall be prohibited.

(e) Smooth-face concrete masonry units (i.e., haydite blocks) shall not be permitted as construction material for screening.

(f) The screening wall or device shall be designed and constructed to prevent any drainage or erosion problems.

(g) A metal “L” or similar support bracket shall be situated under the bottom row of brick or stone of the screening wall.

(h) The height of a screening wall or device shall be measured from the ground level at the bottom of the wall or device. However, a screening wall or device erected on top of a retaining wall or structure shall not exceed six feet in height as measured from the bottom of the screening wall or device to the top thereof.

(i) Designs for the SW6 and SW8 shall be prepared and sealed by a professional architect or engineer and designed in accordance with the City of Mansfield Building Code.

(26) The owner of the property with the required screening shall be responsible for the maintenance of the screening in a structurally sound condition. This provision does not relieve abutting property owner of liability for damage caused by such owner or his employees, agents, or contractors.

(O) Residential subdivision screening and buffering.

(1) Screening and buffering of a residential subdivision shall comply with the requirements of the Subdivision Control Ordinance, as amended.

(2) Buffering shall be provided in the form of a common area lot(s) wherever a residential subdivision is adjacent to a public thoroughfare. The intent is to create an aesthetically pleasing corridor which encourages harmony and discourages monotony, while ensuring safety and security and reducing noise and glare in neighborhoods. Community perimeter walls or fences shall be constructed of masonry materials or ornamental metal, such as wrought iron, or a combination of both, and located within a minimum 20 foot landscaped area adjacent to the thoroughfare.

(3) In addition to the enhanced entryway standards in § 155.056, a variety of plant materials shall be provided from division (CC), Recommended plant list, or as approved by the Landscape Administrator. Twenty-five percent of the length of the screening device shall have shrub beds, flower beds and groundcover. At minimum, one canopy tree and one ornamental tree shall be provided every 50 linear feet, or portion thereof.

(P) Street landscape setback.

(1) When any townhouse is constructed on a lot in a MF-1 or MF-2 District, a 25 foot wide landscape setback shall be provided along the entire boundary of the lot that abuts a public street. The setback shall not include any paved area, except for pedestrian walkways or paths or vehicular drives that may intersect the setback and which shall be the minimum width necessary to provide pedestrian or vehicular access.

(2) When any apartment (i.e., multi-family) is constructed on a lot in a MF-1 or MF-2 District, a 50 foot wide landscape setback shall be provided along the entire boundary of the lot that abuts a public street. The setback shall not include any paved area, except for pedestrian walkways or paths or vehicular drives that may intersect the landscape setback and which shall be the minimum width necessary to provide pedestrian or vehicular access. Other building setbacks may also apply (Refer to Table (B)(1) in § 155.055).

(3) When any land use is established on a lot in the OP, C-1, C-2, C-3, I-1, I-2, FR, SE, and PD Districts, a 20 foot wide landscape setback shall be provided along the entire boundary of the lot that abuts a public street, exclusive of driveways and access ways at points of ingress and egress to and from the lot. For single-family residential (detached) in a PD District, a 20 foot wide landscape setback shall not be required along any lot line bordering a street or civic space or other required open space.

(4) When a permitted building dedicated to arts, culture, education, government, and places of worship is established on a lot in a PR, A, SF, 2F, MF-1, or MF-2 District, a 20 foot wide landscape setback shall be provided along the entire boundary of the lot that abuts a public street, exclusive of driveways and access ways at points of ingress and egress to and from the lot.

(5) Within the required landscape setback, one canopy tree shall be provided for each 40 feet or portion thereof, except that for any multi-family dwelling, one canopy tree and one ornamental tree shall be provided for each 40 feet or portion thereof.

(6) Trees planted within the landscape setback may be clustered or staggered in order to achieve a naturalistic disposition, provided tree spacing shall not be greater than 50 feet.

(Q) Parking lot perimeter landscaping. In the MF-1, MF-2, OP, C-1, C-2, C-3, I-1, I-2, FR, SE, and PD Districts, and for all permitted buildings dedicated to arts, culture, education, government, and places of worship in any zoning district, all surface parking lot, vehicular use and maneuvering areas that are not visually screened from thoroughfares and civic spaces or other required open space by buildings shall be screened from view of thoroughfares and civic spaces and other required open spaces in accordance with the following requirements:

(1) The screening shall be a minimum height of three feet, at maturity, (in case of plants) above the grade of the parking lot, vehicle use and/or maneuvering areas.

(2) The screening shall consist of one or a combination of the following:

(a) Screening shrubs;

(b) Sodded berms; or

(c) Screening wall constructed of brick, stone, or stucco (i.e., hard-coat with three-step process) material masonry building material that complement the building, three feet high with shrubs.

(3) The screening may occur within the street landscape setback.

(4) Landscaping, except required grass and low ground cover, shall not be located closer than three feet from the edge of any parking space. Wheel stops may be used if desired.

(R) Parking lot internal landscaping. Any parking lot that contains 20 or more parking spaces shall provide internal landscaping as provided below:

(1) A ratio of one canopy tree for every ten parking spaces shall be provided throughout any surface parking lot.

(2) Planting areas for trees within the parking rows of a surface parking lot shall be achieved by one or both of the following:

(a) A continuous landscaped median strip, at least six feet wide (back-of-curb to back-of curb) between rows of parking spaces. Trees shall be placed at intervals no greater than 40 feet apart or fraction thereof.

(b) Landscape islands, at least the minimum size of a regular parking space of nine by 18 feet or 162 square feet.

(3) Parking lots that are designed with planted or raised landscape islands shall design the islands so as not to interfere with the opening of car doors in adjacent spaces.

(4) Every required landscape island must include one canopy tree.

(S) (1) Surface parking lot end caps. One landscape island shall be located at the terminus of each row of parking and shall contain one tree.

(2) Landscape islands are not required when the surface parking lot spaces are located behind a building and are screened from view of the street or civic space or other required open space for warehousing and distribution, manufacturing or wholesale uses.

(T) Drive aisles into non-residential projects. A landscape median strip with a minimum width of six feet (back-of-curb to back-of-curb) shall be incorporated in the parking lot design to separate the parking area and the drive aisle with direct connection to the street. One tree shall be planted for every 40 linear feet or fraction thereof.

(U) Foundation area and ground equipment landscaping.

(1) In the OP, C-1, C-2, C-3, D, S, I-1, I-2, FR, SE, and PD Districts, and all permitted buildings dedicated to arts, culture, education, government, and places of worship in any zoning district, a minimum four foot wide landscape area shall be required adjacent to or within ten feet of all building façades with building entrances and building façades facing a public street (exclusive of driveways, access walkways, and loading docks and service and delivery areas).

(2) Planting shall emphasize softening large expanses of building walls, accenting building entrances and architectural features, and screening mechanical equipment and shall include a variety of grass, ground cover, plants, flower beds, shrubs and trees.

(3) Where there are extended roofs or similar architectural features including, but not limited to awnings and canopies are used to provide a covered walkway adjacent to a building, foundation plantings may be omitted. However, landscaping is encouraged to distinguish vehicular areas from the building(s).

(4) Plantings shall be situated around, along or adjacent to the low wing walls or screening walls required in this section.

(V) Retaining walls. Retaining walls four feet in height or taller shall be made of brick or brick veneer or stone or stone veneer and shall be capped. Retaining walls less than four feet in height shall be supplemented with evergreen shrubs subject to the review and approval of the Landscape Administrator.

(W) Detention/retention ponds.

(1) Detention and retention ponds, or other holding areas that are part of a storm/surface water system, shall be enhanced as an amenity of the new development.

(2) When not designed as an integral part of a landscape plan or featured as an amenity (i.e., water features in a wet bottom basin or recreation/open space in a dry bottom basin) all detention ponds, retention ponds, or other similar holding areas shall be screened from view from any existing or future public street, from existing or planned civic spaces or other required open spaces, and from adjoining property. Screening may be accomplished using landscape materials that complement the overall design of the site or screening walls or devices matching the predominant building materials used on the adjacent buildings or landscaping. When screening walls or devices are used, provisions should be made for safety, access and maintenance of any pond areas.

(3) The development of any storm/surface water system shall be in accordance with all applicable design criteria established by the Public Works Department.

(X) Street intersection landscape areas. For all new development in the MF-1, MF-2, OP, C-1, C-2, C-3, D, S, I-1, I-2, FR, SE, and PD Districts, where lots or parcels of land are located at the intersection of two streets where at least one street has a right-of-way width of 60 feet or larger as shown on the city’s thoroughfare plan, a 30 foot landscape setback shall be provided parallel to the minimum visibility triangle required by the Mansfield Roadway and Access Management Criteria. No landscaping improvement shall be installed or constructed within any visibility triangles.

(Y) Other landscape areas. For all development in the MF-1, MF-2, OP, C-1, C-2, C-3, D, S, I-1, I-2, FR, SE, and PD Districts a minimum of 10% of each lot shall be devoted to living landscaping which shall include grass, ground cover, plants, flower beds, shrubs and trees. Required street landscape setbacks, intersection landscaping, foundation landscaping and landscape buffer yards may be included in this calculation. Parking lot internal and perimeter landscaping shall not be included in the calculations unless an area exceeds the minimum requirement of this section, then the additional area may be included.

(Z) Residential landscape requirements. Landscape plans prepared by an RLA are not required for any lot or parcel of land in the PR, A, SF, and 2F Districts; however, home builders shall submit a landscape plan prepared by an RLA for common areas and civic space and other required open space for the proposed project that meets the applicable standards of this section. A landscape plan prepared by an RLA shall be required for all residential projects in the D, S, and PD Districts.

(1) Every lot in a PR, A, SF, 2F, MF-1, MF-2, D, and S District shall provide a minimum number of canopy trees per lot or dwelling as follows:

Zoning District	Minimum Number of Trees Required
PR	4 per a lot
A	N/A
SF-12/22/ SF-5AC/24	4 per lot
SF-9.6/20	3 per lot
SF-8.4/18 or 16	3 per lot
SF-7.5/16 or 12 and SF-6/12	2 per lot
2F	1 per dwelling
MF-1 or MF-2	1 per
D (i.e., D-1)*	2 per lot
D (e.g., D-2, D-3, and SD 1)*	Determined by warrant
S (e.g., T-3, T-4, T-5, and T 6	Determined by warrant
*In the D and S Districts, frontage trees must comply with the street type requirements for these districts. Minimum site plantings will be determined by warrant.

(2) All required trees shall be planted prior to approval of final inspection or occupancy of the applicable dwelling unit.

(3) All residential streets shall have streetscapes planted with trees. Trees shall be planted in all parkways (i.e., portion of the street that accommodates street trees and other landscape) where a parkway is a minimum of four feet in width, unless otherwise approved by the Director of Planning or designee. Street tree species shall be subject to review and approval by the Landscape Administrator. No street tree shall be planted within 30 feet of an intersection.

(AA) Residential foundation plantings.

(1) In the PR, SF, 2F, D, S, and PD Districts, shrubs shall be planted for at least 25% of the length of the foundation fronting a thoroughfare or a civic space or other required open space for all single-family residential (detached). This provision shall not apply to any foundation screened from the thoroughfare or civic space or other required open space by a fence, hedge, wall, or other visual screen subject to the review and approval by the Landscape Administrator.

(2) In the MF-1, MF-2, D, S, and PD Districts, a single row of evergreen shrubs shall be planted along the entire length of the building facade of each townhouse (including row houses) and multi-family residential building, excluding driveways, walkways, and other pedestrian paths.

(3) In the MF-1, MF-2, D, S, and PD Districts, evergreen shrubs shall be planted around HVAC units, meters, transformers, and other utility units; trash containers, refuse or recycling storage facilities; pool equipment, or service areas, as well as around and adjacent to the screening walls required by this section. Openings or access to the equipment shall not be obstructed and openings shall be oriented so that they are not visible from the public right-of-way or open space to the extent practical. The height of the shrubs required herein shall be equal to or greater than the height of the HVAC units, meters, transformers, and other utility units; trash containers, refuse or recycling storage facilities; pool equipment, or service areas required to be visually screened.

(4) Unless specified otherwise, the above screening shrubs shall be a minimum of two feet in height at the time of planting and not of a dwarf variety.

(BB) Residential lawn requirements.

(1) In the PR, SF, 2F, D, S, and PD Districts, the front, side and rear yards adjacent to a single family residential dwelling (detached), that is outside of any rear yard fencing shall be planted with grass or ground cover, exclusive of driveways, sidewalks, flower beds, gardens, and other planting prior to final inspection. Regardless of the zoning district, for lots over 20,000 square feet, the area around the dwelling extending 25 feet from the pad, shall be planted with grass or ground cover, exclusive of driveways, sidewalks, flower beds, gardens, and the like prior to final inspection.

(2) In the MF-1 and MF-2 Districts, all lawns shall be sodded or planted in ground cover, exclusive of driveways, sidewalks, flowerbeds, gardens, and other permitted landscape material prior to final inspection.

(3) All residential lawns and landscaping shall be irrigated with an underground irrigation system as specified in this section. On large lots, the area of irrigation may be limited to 12,000 square feet, subject to approval by the Landscape Administrator.

(CC) Preservation credits.

(1) The following preservation credits shall be considered when developing around existing quality trees.

(2) Quality trees preserved on a site meeting the herein specifications may be credited toward meeting the tree requirement of any landscaping provision of this section for that area within which they are located, according to the following table:

Diameter (DBH) of Existing Tree	Credit against Tree Requirement
6" to 8"	2 trees
9" to 15"	3 trees
16" to 30"	4 trees
31" to 46"	5 trees
47" or more	8 trees

(3) For purposes of this section, the Diameter at Breast Height (DBH) dimension shall be measured at four and one-half feet above the ground and shall be rounded to the nearest whole number.

(4) Existing trees, not on the approved tree list, may receive credit if authorized by the Landscape Administrator.

(5) Credit will be revoked where trees intended for preservation credits are damaged due to, among other things, construction, broken branches, and soil compaction or soil cut/fill.

(6) To receive credit for existing trees in a parking area, the island or area around the trunk of the tree must be enlarged and sized properly to ensure the best scenario for survival.

(7) Prior to any construction or land development, the developer shall clearly mark all trees to be preserved. Protective barriers shall be installed and maintained throughout the development process. The developer shall not allow the movement of heavy equipment or the storage of equipment, materials, debris, or fill to be placed within the drip line of any trees. This is not intended to prohibit the normal construction required within parking lots.

(8) During construction, the developer shall not allow cleaning of equipment or material under the canopy of any existing tree or group of trees. There shall be no disposal of any waste material such as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, and the like under the canopy of any existing tree or group of trees.

(9) No attachment or wires of any kind, other than those of a protective nature, shall be attached to any tree.

(10) If any tree that was preserved and used as a credit toward landscaping requirements is later removed for any reason, it shall be replaced by the number of trees for which it was originally credited. Replacement trees shall have a minimum trunk caliper of three inches.

(DD) Prohibited plant list. The plants listed below shall not be used to fulfill the planting requirements of this section.

(1) Prohibited trees:

Common Name	Botanic Name
Arborvitae	Thuja accidentalis
Arizona Ash	Fraxinus velutina ‘Arizonia’
Bois D’arc	Maclura pomifera
Bradford Pear	Pyrus calleryana ‘Bradford’, ‘Callery’
Chinese Tallow	Sapium sebiferum
Cottonwood	Populus deltoides
Elm, Siberian	Ulmus pumila
Lombardy Poplar	Populus nigra italica
Maple, Silver	Acersaccharinum
Mimosa	Albizzia julibrissen
Mulberry	Morus alba
Willow	Salix species

(2) Prohibited shrubs:

Common Name	Botanic Name
Euonymus	Euonymus japonicus
Ligustrum	Ligustrum japonicum
Pittosporum	Pittosporum tobbira
Loquat	Eriobotrya japonica
Oleander	Nerium oleander

(EE) Recommended plant list. All plants used to satisfy this section shall be of a species common or adaptable to this region of Texas. The following is a list of recommended plants. Plant material not on this list must be approved by the Landscape Administrator before installation.

(1) Recommended canopy trees:

Common Name	Botanic Name
American Elm	Ulmus americana
Austrian Pine	Pinus nigra
Bald Cypress	Taxodium distichum
Bald Cypress, Montezuma	Taxodium mucronatum
Black Hickory	Carya texana
Black Walnut	Juglans nigra
Elm, Cedar	Ulmus crassifolia
Chinese Pistache	Pistacia chinensis
Eastern Red Cedar	Juniperus virginiana
Gingko	Ginko biloba
Green Ash	Fraxinus pennsylvanica
Gum Bumelia	Bumelia lanuginosa
Magnolia, DD Blanchard	Magnolia Grandiflora ‘DD Blanchard’
Magnolia, Southern	Magnolia grandiflora
Maple, Big Tooth	Acer grandidentatum
Oak, Bigelow	Quercus sinuata
Oak, Black	Quercus velutina
Oak, Blackjack	Quercus marilandica
Oak, Bur	Quercus macrocarpa
Oak, Chinquapin	Quercus muehlenbergi
Oak, Lacy	Quercus laceyi
Oak, Live	Quercus virginiana
Oak, Mexican White	Quercus polymorpha
Oak, Post	Quercus stellata
Oak, Sawtooth	Quercus accutisima
Oak, Shumard	Quercus shumardi
Oak, Texas Red	Quercus buckleyi
Pecan	Carya illinoensis
Rusty Blackhaw	Viburnum rufidulum
Sweet Gum	Liquidambarstyraciflua
Texas Ash	Fraxinus texensis
Texas Walnut	Juglans microcarpa

(2) The following recommended tree species shall be allowed in medians and rights-of-way when approved by the city. Additional tree species with non-aggressive root systems/deep root systems may be authorized for planting in such areas by the Landscape Administrator.

Common Name	Botanic Name
Bald Cypress ‘Shawnee Brave’	Taxodium distichum ‘Shawnee Brave’
Chinese Pistache ‘Keith Davey’	Pistacia chinensis ‘Keith Davey’
Elm, Cedar	Ulmus crassifolia
Elm, Allee	Ulmus chinensis, Allee
Gingko	Ginko biloba
Goldenrain Tree	Koelreuteria paniculata
Black gum	Nyssa sylvatica
Honeylocust, Thornless	Gleditsia tricanthos f. inermis
Maple, Big Tooth	Acer grandidentatum
Maple, October Glory	Acer rubrum 'October Glory'
Maple, Trident	Acer buergerianum
Oak, Durand	Quercus sinuata var. sinuate
Oak, Monterrey	Quercus polymorpha
Oak, Chinquapin	Quercus muehlenbergi
Sweetgum	Liquidambarstyraciflua
Sycamore, American	Platanus occidentals
Sycamore, Mexican	Platanus mexicana

(3) The following recommended tree species are understory and ornamental trees. They are allowed to be planted in overhead utility easements where required. These species were selected due to their relatively small mature size and growth characteristics. Trees planted in these areas shall be planted at a ratio of two trees for every one canopy tree required.

Common Name	Botanic Name
Carolina Buckthorn	Rhamnus caroliniana
Cherry Laurel	Prunus caroliniana
Crape Myrtle	Lagerstroemia indica
Desert Willow	Chilopsis linearis
Eve’s Necklace	Sophora affinis
Eldarica Pine	Pinus eldarica
Goldenrain Tree	Koelreuteria paniculata
Hercules Club	Zanthoxylum dava-herculis
Japanese Black Pine	Pinus thunbergii
Mexican Buckeye	Ungnadia speciosa
Mexican Plum	Prunus mexicana
Native Hawthorns	Crataegus spp
Permsimmon	Diospyros virginiana
Ponderosa Pine	Pinus ponderosa
Possumhaw Holly	Ilex decidua
Prairie Flame-leaf Sumac	Rhus lanceobta
Redbuds	Cercis spp.
Rusty Blackhaw Viburnum	Viburnum rufidulum
Savannah Holly	Ilex opaca ‘Savannah’
Shantung Maple	Acer truncatum
Slash Pine	Pinus elliottii
Southern Wax Myrtle	Myrica cerifera
Texas Buckeye	Aesculus arguta
Vitex	Vitex agnus-castus
Yaupon Holly	Ilex vomitoria

(4) Recommended shrubs:

Common Name	Botanic Name
Dwarf Burford Holly	Ilex burfordii ‘nana’
Dwarf Chinese Holly	Ilex cornuta ‘Rotunda’
Dwarf Crape Myrtle	Lagerstroemia indica
Dwarf Wax Myrtle	Myrica pusilla
Dwarf Yaupon	Ilex vomitoria ‘nana’
Eleagnus	Eleagnus ebbengii
Flowering Quince	Chanomeles ‘Texas Scarlet’
Forsythia	Forsythia intermedia
Foster Holly	Ilex x attenuata ‘Foster’
Glossy Abelia	Abelia grandiflora
Japanese Barberry	Berberis thunbergi
Nandina	Nandina Domestica
Nellie R. Stevens Holly	Ilex x ‘Nellie R. Stevens’
Pampas Grass	Cordateria Selloana
Photinia	Photinia Fraseri
Red Barberry	Berberis thunbergii
Red Yucca	Hesperaloe parvifolia
Sea Green Juniper	Juniperus Chinensis ‘Sea Green’
Spiraea	Spiraea prunifolia
Tam Juniper	Juniperus sabina ‘Tam’
Texas Sage	Leucophyllum frutescens
Variegated Privet	Ligustrum sinense ‘Variegata’

(FF) Landscape plan summary charts. These charts shall be completed with information and provided on every landscape plan submittal. They represent the minimum amount of information required. The charts may be amended from time to time, as needed, without revising the section.

Summary Chart - Buffery Yards/Setbacks
Location of Buffer Yard or Setback	Required/Provided	Length	Bufferyard or Setback Width/Type	Canopy Trees	Ornamental Trees	Shrubs	Screening Wall/Device Height & Material
North	Required
	Provided
East	Required
	Provided
South	Required
	Provided
West	Required
	Provided
* Note any credits used in calculations: a.
Other comments: 1. 2. 3.

Summary Chart - Interior Landscape
	Landscape Area (in Sq. Ft.)	% of Landscape Area	Canopy Trees	Ornamental Trees	Shrubs	Ground Cover (in Sq. Ft.)

Required
Provided

* Note any credits used in calculations: a.
Other Comments: 1. 2. 3.

Summary Chart - Interior Parking Lot Landscaping

# Of Required Parking Spaces
# Of Provided Parking Spaces
# Of Tree Islands Provided
* Note any credits used in calculations: a.
Other Comments: 1. 2.

* Existing Tree Credit Summary

Applied to

Canopy Trees Understory Trees

Trees @ 6" - 12" DBH

Trees @ Greater than 12" DBH

(GG) Typical plant material list summary charts.

QNTY SYM	COMMON NAME	BOTANICAL NAME	SIZE	HT	NOTES
CANOPY TREES
## CE	Cedar Elm	Ulmus crassifolia	4" cal.		Single trunk
## BO	Bur Oak	Quercus macrocarpa	4" cal.		Single trunk
## LB	Lace Bark Elm	Ulmus parvifolia	4" cal.		Single trunk
## ST	Sawtooth Oak	Quercus accutisima	4" cal.		Single trunk
## BC	Bald Cypress	Taxodium distichum	4" cal.		Single trunk
ORNAMENTAL TREES
## AP	Austrian Pine	Pinus nigra	30 gal.	6' - 8'	Full branch pattern
## ST	Shantung Maple	Acer truncatum	30 gal.	8' - 10'
## VT	Vitex	Vitex agnus-castus	B&B	6' - 8'
## SH	Savannah Holly	Ilex opeca	15 gal.	8' - 10'
## DH	Possumhaw Holly	Ilex decidua	B&B	6' - 8'
SHRUBS
## EL	Eleagnus	Eleagnus ebbengii	3 gal.		Plant 30" on center
## NH	Nellie R. Stevens Holly	Illex x 'Nellie R. Stevens'	5 gal.		Plant 5' on center
## TS	Texas Sage	Leucophyllum frutescens	5 gal.		Plant 3' on center
## RY	Red Yucca	Hesperaloe parvifolia	5 gal.		As shown
## TJ	Tam Juniper	Juniperus Sabina	3 gal.		Plant 3' on center
GROUNDCOVERS
## CJ	Creeping Juniper	Juniperus horizontalis	3 gal.		Plant 24" on center
## MH	Maidenhair Grass	Miscanthus spp.	3 gal.		Plant 3' on center
## WC	Winter Creeper	Euonymus fortunei	4" pot		Plant 12" on center
## VC	Virginia Creeper	Parthenocissus quinquefolia	1 gal.		3' O.C. under existing Post Oak

(Ord. 671, passed 4-15-86; Am. Ord. OR-2223-21, passed 10-11-21; Am. Ord. OR-2264-22, passed 7-11-22; AM. Ord. OR-2316-23, passed 7-10-23)

§ 155.093 SUPPLEMENTAL REQUIREMENTS FOR SCREENING OF MECHANICAL EQUIPMENT AND SERVICE AREAS.

(A) Equipment screening.

(1) Multi-family residential development.

(a) Exposed conduit, ladders, utility boxes, stack pipes and drain spouts shall be painted to match the primary color or color sequence to aid in blending with the color of the building.

(b) All buildings designed with parapet walls or other similar architectural elements shall be constructed to a height of not less than one foot above the horizontal plane of the highest (after-installation height) roof-mounted mechanical unit, HVAC and/or other equipment (e.g. satellite dishes, solar panels, etc.). If free clearance or otherwise unobstructed flow or space is required by the Fire or Building Code, equipment should be positioned beyond the parapet wall so as not to be visible.

(c) Electrical transformers, gas meters and other service areas shall be screened from view of a public street or adjacent property.

(d) In all multi-family developments, heating, ventilation, and air-conditioning (HVAC) equipment on the roof shall be screened so that they are not visible from the street or the boundary of the abutting property.

(e) The screening of HVAC equipment on the ground shall utilize construction materials that match the predominant material used on the building; no wood or chain-link fences shall be allowed.

(2) Non-residential development. The provisions in this section shall apply to new buildings or new developments in the OP, C-1 through C-3 Zoning Districts, Planned Developments and in the I-1 or I-2 Zoning Districts that are within the Freeway Overlay District or within 300 feet from the boundary of any property in a residential zoning classification or a PR zoning classification.

(a) Exposed conduit, ladders, utility boxes, stack pipes, drain spouts and gas meters shall be painted to match the primary color or color sequence to aid in blending with the color of the building.

(b) For new buildings and developments with building permit applications submitted on or after September 14, 2004, parapet walls or other similar architectural elements shall be constructed to a height of not less than one foot above the horizontal plane of the highest (after-installation height) roof-mounted mechanical unit, HVAC and/or other equipment (e.g. satellite dishes, solar panels, and the like). If free clearance or otherwise unobstructed flow of space is required by the Fire or Building Code, equipment should be positioned within the parapet wall so as not to be visible from the street or abutting properties.

(c) For new buildings and developments with building permit applications submitted on or after September 14, 2004, all ground-mounted service equipment such as air conditioners; electrical transformers, telephone line pedestals and gas meters; trash compactors; satellite dishes and other service areas (e.g. grease collection areas/facilities, box storage, plastic container storage, storage racks, etc.) shall be located behind the building, or if located on the side of the building shall not be forward of the midpoint of the side building elevation, except that switch gear devices may be located at any place on a property.

(d) All ground-mounted service equipment and service areas shall be screened from view of public rights-of-way and abutting properties as follows:

1. When any portion of an electrical transformer or telephone line pedestal is located within five feet of a building, the transformer or pedestal shall be screened by a screening wall.

2. Electrical transformers and telephone line pedestals located more than five feet from a building, gas meters, and satellite dishes shall be screened by a screening wall or by a hedgerow of dense evergreen shrubbery or plant materials to form a visual screen using plant materials approved by the Landscape Administrator.

3. Switch gear devices shall be screened by a hedgerow of dense evergreen shrubbery or plant materials to form a visual screen using plant materials approved by the Landscape Administrator.

4. All other types of service equipment and service areas shall be screened by a screening wall.

(e) Developments for which building permit applications were submitted prior to September 14, 2004, shall be exempt from the provisions of this section, provided that all heating, ventilation, and air-conditioning (HVAC) equipment on the ground or on the roof shall be screened so that they are not visible from the street abutting the property or the boundary of the abutting properties.

(f) Where ground-mounted service equipment and service areas are screened by a screening wall, the wall shall be constructed of materials that match the predominant material used on the building; no wood or chain-link fences shall be allowed. The wall shall be landscaped in compliance with § 155.092. The base of the wall shall be elevated four inches from grade, excluding columns, to accommodate ventilation and drainage.

(g) Screening of ground-mounted service equipment and service area, whether by a wall or landscaping, shall be of a height not less than the height of the equipment being screened.

(h) Screening walls and landscape screening shall adhere to policies and standards for access, operational clearances, safety and ventilation of the utility company and/or equipment owner.

(i) The cost of installing, maintaining, and replacing screening walls and/or landscaping required by this section shall be the responsibility of the property owner or developer, and not the responsibility of the utility company providing service to the property. A utility company shall not be responsible for the replacement of any required screening wall or landscaping removed by the utility company to permit reasonable access to the service equipment.

(3) All development.

(a) The fencing, screening or enclosure of individual rooftop equipment shall not be permitted.

(b) The developer shall provide a line-of-sight drawing with building permit application upon request by city staff to ensure compliance with the provisions in this subdivision.

(c) In case that visual screening of HVAC equipment cannot be achieved due to topographic differences between abutting properties, or between the property and the abutting street, the developer or owner may appeal to the Board of Adjustment for a special exception as set forth in § 155.082.

(B) Trash containers, refuse or recycling storage screening.

(1) Trash container and storage area for refuse or material awaiting disposal or recycling shall be visually screened on three sides with a fence or wall not less than the height of the trash container or the refuse or materials being stored. The remaining side shall be equipped with an opaque gate.

(2) The screening shall utilize construction materials that match the predominant material used on the building; no wood or chain-link fence materials shall be allowed except for the opaque gate.

(3) In case the visual screening required above cannot be achieved due to topographic differences between abutting properties, or between the property and the abutting street, the developer or owner may appeal to the Board of Adjustment for a special exception as set forth in § 155.082.

(1) In C-1, C-2 or C-3 zoning, all loading docks and truck berths not totally screened by an intervening building shall be screened from view from the public streets that abut the property where the loading docks and truck berths are located.

(2) The developer shall provide a line-of-sight drawing with building permit application upon request by city staff to ensure compliance with the provisions in this division.

(3) Screening shall be accomplished by an opaque screening wall, earthen berm or a combination of screening wall and earthen berm with a minimum height of ten feet, unless the developer shall present evidence to prove that an alternate height is sufficient due to the unique configuration of the site.

(4) Screening shall be of a length to screen the maximum size truck or tractor-trailer that can be accommodated on site.

(5) The screening shall utilize construction materials that match the predominant material used on the building; no wood or chain-link fences shall be allowed.

(Ord. 671, passed 4-15-86; Am. Ord. OR-2223-21, passed 10-11-21)

§ 155.094 GENERAL PROVISIONS FOR ALL FENCES AND FREE STANDING WALLS.

(A) General provisions.

(1) Property owners' responsibility.

(a) Required screening fences and walls shall be perpetually and adequately maintained or replaced by the owner or user of the more intensive zoned property.

(b) All structurally unsound fences, when not required by this chapter, shall be repaired, replaced or removed by the owner or user of the property upon which the fence is located.

(c) The construction of a fence or wall shall not preclude the property owners' responsibility to maintain and keep the following area free and clear of debris and high weeds:

1. The area between the fence and property line or between parallel fences; and

2. The area between the fence and the edge of the street.

(2) Front yards. No fence or free standing wall greater than 36 inches in height shall extend into the required front yard except for decorative fences or security fences meeting the following requirements:

(a) Fences 36 inches or more above the finished grade of the lot shall not be more than 25% solid.

(b) The primary fencing material shall be of wrought iron, exposed aggregate tilt wall, fired masonry, approved wood rail construction or other material approved by the city Building Official.

(3) Side fence and free standing wall setbacks. No fence or wall greater than 36 inches in height shall be located less than 15 feet from any side property line that is adjacent to a public street unless:

(a) The subject lot backs up to the rear property line of another lot, in which case no side fence setback is required.

(b) The subject lot backs up to an access easement or alley right-of-way, in which case a ten-foot visibility triangle shall be required.

(4) Rear fence and free standing wall setbacks. Fences and walls meeting all of the above requirements may be erected on the rear property line except, however, lots whose rear property line abut a public street on which one of the immediate adjacent lots maintains its required front yard, then no fence nor wall greater than 36 inches in height shall be located within 15 feet of the subject lot's rear property line or closer to the street right-of-way than the front setback line of the adjacent lot, whichever is closer.

(B) General restrictions concerning all fences and free standing walls.

(1) No fence, screen, free standing wall or other visual barrier shall be constructed or placed in such a manner as would endanger the health or safety of the general public.

(2) Obstruction prohibited. No fence, screen, free standing wall or other visual barrier shall be so located or placed that it obstructs the vision of a motor vehicle driver approaching any street, alley or drive intersection. A visual barrier shall be deemed as any fence, wall hedge, shrubbery, etc., higher than 36 inches above ground level at the property line, except single trees having single trunks, which are pruned to a height of seven feet above ground level.

(3) Twenty-five foot visibility triangle required. No fence, screen wall or visual barrier shall be located or placed where it obstructs the vision of motor vehicle drivers approaching any street intersection. At all street intersections clear vision shall be maintained across the lot for a distance of 25 feet back from the property corner along both streets.

(4) The side of the fence with exposed posts or rails shall be oriented away from view from the adjacent property and public streets.

(5) After December 10, 2012, all new wood privacy fences and the replacement or repair of existing wood privacy fences shall comply with the following requirements:

(a) A permit must be obtained prior to the construction of a new wood privacy fence of five feet in height or greater.

(b) Fence planks or panels must be at least inch in thickness.

(d) All vertical posts shall be two and inch minimum outside diameter standard pipe gauge galvanized steel.

(e) Vertical posts shall be spaced eight feet on center or less and set into concrete post footings. The minimum depth of the concrete post footings shall be 24 inches for fences that are six feet in height and 36 inches for fences that are eight feet in height.

(f) Vertical slats shall be nailed or screwed to horizontal bracing stringers running from vertical post to post. The size of the stringers shall be no less than one-and-a-half by three-and-a-half inches. One stringer will be required for every two feet in height. Fences that are six feet in height shall have three horizontal stringers. Fences that are eight feet in height shall have four horizontal stringers.

(g) All materials shall be securely fastened (i.e. vertical boards to horizontal stringers, stringers to vertical posts) and be free from rot, rust, vandalism and other sources of decay.

(h) Fence should be designed such that it does not cause a drainage problem.

(i) A wood fence erected for the purpose of screening the perimeter of a subdivision as

required by the subdivision control ordinance shall be governed by the subdivision control ordinance.

(j) The replacement or repair of an existing wood privacy fence that is less than 50% of the total linear footage of fencing on the property shall be exempt from the above requirements in division (B)(5) of this section, except that a permit shall be required for any fence construction greater than six feet in height.

(6) Barbed wire prohibited. Fences constructed of barbed wire and walls topped with broken glass or similar material shall be prohibited, except that:

(a) A security fence not less than six feet in height may be topped with barbed wire when located on property zoned for non-residential purposes;

(b) A barbed wire fence may be erected or maintained on property that held livestock on January 1, 2004, and will continue to hold livestock in the future. The property owner shall have the burden of proof that livestock existed on site on January 1, 2004; and

(c) A barbed wire fence may be erected or maintained on any property in excess of 20 acres that held livestock or was otherwise under agricultural use on January 1, 2004, and will continue to hold livestock or otherwise continue in agricultural use in the future. The property owner shall have the burden of proof that livestock existed on the site or that another agricultural use was in effect on the site on January 1, 2004. For purposes of this division, "agricultural use" shall mean that the property owner has and maintains an agricultural exemption on the property granted by Tarrant Appraisal District.

(7) Electrical fences prohibited. No fence shall be electrically charged in any form or fashion.

(8) Eight foot maximum height. No fence in a residential district shall exceed eight feet in height above ground level at the fence line. However, fences that are erected on top of retaining walls shall not exceed six feet in height as measured from the bottom of the fence to the top of the fence.

(9) Public property. No fence, guy wire, brace or any post of such fence shall be constructed upon or caused to protrude over property that the city or the general public has dominion and control over, owns or has an easement over, under, around or through, except upon utility easements which are permitted to be fenced.

(10) Swimming pools fencing. All swimming pools shall, at all times, be completely surrounded by a fence, wall or barrier not less than four feet in height with no openings, holes or gaps that will allow a sphere four inches in diameter to pass through. Gate openings directly into such enclosure shall be equipped with self-closing and self-latching devices capable of keeping such gates securely closed at all times when not in use; said latching devices to be no less than three feet above grade. The door of any dwelling that is forming part of the enclosure need not be equipped with self-closing and self-latching devices.

(Ord. 671, passed 4-15-86)

§ 155.095 RESIDENTIAL PROXIMITY STANDARDS.

(A) Purpose. To protect the property value and lifestyle of citizens living in the proximity of non-residential developments without placing undue hardship on developers of non-residential developments.

(B) Applicability.

(1) The provisions of divisions (C) through (H) of this section shall apply to any development in an OP, C-1, C-2, C-3, I-1 or I-2 zoning classification when abutting any property in a residential zoning classification or a PR zoning classification that is occupied by a residential use.

(2) The provisions of divisions (G) and (H) of this section shall apply to any development in an OP, C-1, C-2, C-3, I-1 or I-2 zoning classification when located along a street with a 50 or 60 foot right-of-way across from residential lots or tracts that front on such street.

(3) The provisions of divisions (C)(2) and (D) of this section shall apply to any residential development in a residential zoning classification or a PR zoning classification when abutting any property in an OP, C-1, C-2, C-3, I-1 or I-2 zoning classification as specified hereinafter; however, they shall not apply to residential developments that were preliminary or final platted or that were submitted for preliminary or final plat approval before the adoption of such provisions.

(4) The provisions of this section shall not apply to development on any property owned and used by the city, the Mansfield Independent School District and any church regardless of zoning provided that it complies with the requirements in divisions (E) and (F) of this section.

(5) Permitted uses that are in existence at the time of adoption of the provisions of this section shall be governed by the nonconforming use regulations of this chapter. Any expansion or addition to such existing uses shall conform to the provisions of this section.

(6) The requirements in the provisions of this section shall not be administratively deferred or waived by city staff. Any person who wishes to seek a special exception or variance may follow the provisions in § 155.082 and § 155.113.

(7) It is the intent of this section to treat property in a PR zoning classification that is occupied by a residential use the same as it is in a single-family residential zoning classification. Therefore, all provisions of this section that apply to property or development in a single-family residential zoning classification shall also apply to property or development in a PR zoning classification that is occupied by a residential use.

(1) Non-residential use.

(a) Structures in an I-1 or I-2 zoning classification shall setback a minimum of 40 feet from the boundary of any abutting property in a residential zoning classification. The same setback requirement shall apply to all outside storage, loading docks, truck berths, and routine parking or storage of tractor-trailers, and vehicles that are rated to have a carrying capacity over one ton.

(b) Structures in an OP, C-1, C-2 or C-3 zoning classification shall comply with the minimum setback from the boundary of any abutting property in a residential zoning classification as depicted in the table below in conjunction with the specifications in both the "Maximum Height" and "No. of Stories" columns.

Zoning	Min. Setback (ft.)	Max. Ht. (ft.)	No. of Stories
OP & C-1	20	20	1
OP & C-1	35	35	2 or less
C-2 & C-3	52.5	35	1
C-2 & C-3	60	40	2 or less
C-2 & C-3	67.5	45	3 or less
C-2 & C-3	75	50	1 or more

(2) Residential use.

(a) Residential lots in a residential zoning classification or a PR zoning classification that abut properties in an OP, C-1, C-2, C-3, I-1 or I-2 zoning classification shall provide a 40 foot minimum setback for the principle residential building along the lot lines that abut the boundary of such non-residentially zoned property.

(b) In order to accommodate the 40 foot minimum building setback, the minimum residential lot depth shall be increased by the difference between 40 feet and the minimum rear setback required by the residential or PR zoning district where the lot is located; or the minimum residential lot width shall be increased by the difference between 40 feet and the minimum side setback required by the residential or PR zoning district where the lot is located, whichever is applicable.

(D) Noise.

(1) Non-residential uses shall not generate any loud noise of such intensity as to create a nuisance or detract from the use or enjoyment of the abutting residential uses. The provisions in this division do not apply to properties in the I-2, Heavy Industrial zoning classification.

(2) Outdoor speakers shall be directed away from any abutting property in a residential zoning classification.

(E) Setback for trash containers and refuse or recycling storage areas. Trash containers and storage areas for refuse or materials awaiting disposal or recycling shall be set back a minimum of 25 feet from the boundary of any abutting property in a residential zoning classification.

(F) Lighting. All lighting of a non-residential use must be shielded or pointed away from any abutting property in a residential zoning classification so there shall be no direct illumination across the common boundary with the property in the residential zoning classification. This restriction shall not apply to special events not exceeding 72 hours or the lighting of a sports facility that belongs to the city or the Mansfield Independent School District.

(G) Driveway access. No non-residential driveway access shall be permitted onto a street with a 50 or 60 foot right-of-way across from residential lots or tracts that front on that street unless no other reasonable access is available as determined by the Planning and Zoning Commission during a plan review at the developer's request. This restriction shall not apply if the street is shown in the city's most recent Thoroughfare Plan to have a right-of-way of 70 feet or larger.

(H) Signage. Wall or free-standing signs that are located along a street with a 50 or 60 foot right-of-way shall not be electrically or artificially illuminated when located across from residential lots or tracts that front that street. This restriction shall not apply if the street is shown in the city's most recent Thoroughfare Plan to have a right-of-way of 70 feet or larger.

(Ord. 671, passed 4-15-86)

§ 155.096 OPEN STORAGE REGULATIONS.

(A) Purpose. To encourage the most appropriate use of the land and to conserve and protect the value of adjacent land and buildings; regulations are prescribed for the location and screening of open storage of materials, commodities and vehicles of all types in the various districts in accordance with the following standards:

(B) In all PR, residential and mobile home districts, no open storage or display outside a building of materials or commodities for sale at wholesale or retail or for storage purposes shall be permitted, nor shall any motor vehicle or machinery storage other than that which is incidental to the use of a premises as herein provided or permitted nor shall any truck or commercial vehicle storage be permitted, except that one panel delivery or pick-up truck not exceeding one ton capacity may be stored by the owner of a premises when such vehicle storage is incidental to the main use of such premises.

(C) No open storage or display outside a building of materials and commodities or any other objects shall be permitted in the C-1 District. In the C-2 District, the open storage or display of items intended for direct retail sales or rental shall be permitted under the following restrictions:

(1) The area used for open display shall not be greater than 10% of the gross floor area of the establishment having such display.

(2) If the open display is located in the parking lot, the number of spaces available for parking shall not be less than that required by § 155.091.

(D) No open storage or display of any object, vehicle, boat, material or equipment shall be allowed on public right-of-ways or designated private or public recreational areas. Any aforementioned objects, vehicle, boat, material or equipment parked or located upon any public right-of-way, or designated private or public recreational areas for a period longer than 72 hours shall be classified as storage and be subject to removal by the city without prior notice at the owner's expense.

(E) Open storage or display in the C-3, I-1 and I-2 Districts shall be placed on a gravel, asphalt or concrete surface or other surface approved by the Director of Planning and not on natural ground unless it is located more than 30 feet from any street right-of-way or screened by an eight foot opaque fence. Such surface shall be maintained in good condition and free of weeds or debris.

(Ord. 671, passed 4-15-86)

§ 155.097 OPEN AIR VENDING.

Within any commercial or industrial district, open air vending, as that term is herein defined, shall be allowed upon obtaining a certificate of occupancy for such vending from the Building Official.

(A) The Building Official shall issue such certificate of occupancy only if he finds:

(1) That such vending will not endanger the health, safety or general welfare of the public and specifically in this regard, that said vending will not unreasonably increase congestion upon the public roadways in and about said vending location so as to endanger the safety of drivers and pedestrians; and

(2) That the vendor applicant shall be in compliance with all ordinances and laws, including provisions within this chapter, applicable to retail commercial activity, and have obtained all other necessary permits.

(3) That the vendor applicant shall be in compliance with all conditions imposed by the Building Official upon said commercial activity necessary for the health, safety or general welfare of the public.

(B) For the purpose of this chapter, open air vending shall be defined as the sale of any merchandise or goods from a fixed location upon privately owned property not within any permanent building or structure designed for the sale of such goods. The term "open air vending" shall specifically include the sale of merchandise or goods from "stands", "stalls", and all other sales not within a permanent structure. The term "sale" is herein defined as the actual transfer of goods or merchandise. The term open air vending, however, shall not include activity of itinerant vendors who continuously move about from place to place, and who do not occupy any particular parcel of private property as a permanent or stationary place for the conduct of their business. This term does include seasonal vending operations such as "Snow Cones" and "Ice Cream" stands, etc.

(C) No open air vending shall be allowed to be located within any public right-of-way or city parks, or connected with public utilities unless specifically approved by the City Council.

(D) No open air vending shall be allowed to be located within any property zoned in a PR, A, Residential or OP District or within the required setbacks of any other zoning districts.

(E) No open air vending shall be allowed in or from an unenclosed space or area.

(F) Parked vehicles shall not be used as a base of operation for any open air vending.

(Ord. 671, passed 4-15-86)

§ 155.098 NON-CONFORMING USE REGULATIONS.

(A) Intent.

(1) Within the districts established by this chapter or amendments thereto, there exists lots, structures, uses of land and structures, and characteristics of use which were lawful before this chapter was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not conform to the regulations of the district in which it is located. It is the intent of this chapter to permit such nonconforming uses to continue, under regulations herein contained, until the same are removed, but not to encourage their survival.

(2) It is further the intent of this chapter that nonconforming uses shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(3) Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.

(4) For use in this section, a building shall be interpreted the same as structure and vise versa.

(B) Nonconforming uses regulated. Except as herein provided, no nonconforming use of land or buildings shall be enlarged, changed, altered or repaired except in conformity with the regulations contained in this chapter.

(C) Nonconforming status. Any use or structure which does not conform with the regulations of the zoning district in which it is located shall be deemed a lawful nonconforming use or structure when:

(1) Such use or structure was in existence and lawfully operating at the time of passage of this chapter and has since been in regular and continuous use;

(2) Such use or structure is a lawful use at the time of the adoption of any amendment to this chapter but by such amendment is placed in a district wherein such use is not otherwise permitted; or

(3) Such use or structure was in existence at the time of annexation to the city and has since been in regular and continuous use.

(D) Continuing lawful non-conforming use of property and existence of structures.

(1) The lawful use of land or lawful existence of buildings or structures at the time of the passage of this chapter, although such do not conform to the provisions hereof, may be continued; but if said nonconforming use or building is discontinued or abandoned, any future use of said premises shall be in conformity with the provisions of this chapter.

(2) Discontinuance of a lawful non-conforming use shall consist of the intent of the user or owner to discontinue a nonconforming use and the actual act of discontinuance. Abandonment of a lawful nonconforming building shall consist of the actual intent to abandon by the user or owner an actual act of abandonment.

(3) A lawful non-conforming use or building, when discontinued or abandoned, shall not be resumed. The following shall constitute prima facie evidence of discontinuance or abandonment.

(a) Non-conforming uses. When land used for a lawful non-conforming use shall cease to be used in such manner for a period of six months.

(b) Non-conforming buildings. When a building or other structure designed or used for a lawful nonconforming use shall cease to be used in such manner for a period of six months.

(E) Changing non-conforming uses or buildings.

(1) A lawful non-conforming use may be changed to another non-conforming use of the same or more restrictive zoning district classification, provided, that when a non-conforming use is changed to a non-conforming use of a more restrictive classification, it shall not later be reverted to the former less restrictive classification.

(2) No lawful non-conforming use shall be changed to another non-conforming use which requires more off-street parking facilities or off-street loading space than the original non- conforming use unless additional off-street parking facilities and loading space is provided so as to comply with the requirements of § 155.091.

(3) A conforming building shall not be changed to a use which would result in the building becoming nonconforming.

(F) Extension of non-conforming uses or buildings.

(1) A lawful non-conforming building or structure may be enlarged or added to provided that the enlargement or addition, when considered independently of the original building or structure, complies with all applicable regulations of this chapter.

(2) Expansion, enlargement or intensification of a lawful non-conforming use shall not be permitted unless such expansion, enlargement or intensification, when considered independently of the lawful non-conforming use, complies with all applicable regulations of this chapter.

(3) A building or structure occupied or used by a lawful non-conforming use shall not be enlarged, extended or structurally altered unless the use occupying or using such enlargement, extension or alteration, when considered independently of the lawful non-conforming use, complies with all applicable regulations of this chapter.

(4) Repairs and maintenance work on a lawful non-conforming building or on a conforming building occupied by a lawful non-conforming use may be made, provided that no structural alterations shall be made except as required by law to preserve such building in a structural sound condition and provided that there is no increase whatsoever in the degree or extent of the previously existing nonconformity.

(5) No lawful non-conforming use within a building may be extended to occupy any land outside the building.

(G) Termination of non-conforming uses and buildings. The right to operate a legal nonconforming use or building shall cease and such use shall be terminated under any of the following circumstances:

(1) When such use or building is abandoned, as hereinabove provided in division (D) of this section.

(2) When any provision of this chapter or any other ordinance, or Federal or State statute is violated with respect to a nonconforming use or nonconforming building.

(3) When a lawful non-conforming use, building or structure is damaged by fire, explosion, act of God or other calamity to the extent that the cost of the reconstruction or repair exceeds 50% of the replacement cost of the structure; except in the following circumstances: (a) the original property owner who has been living in a lawful nonconforming mobile home or lawful nonconforming HUD-Code manufactured home, which has been used for residential purposes, may rebuild or re-establish such lawful nonconforming use with a HUD-Code manufactured home within six months of the destruction of the home; and (b) a lawful non-conforming dwelling unit, which does not meet the minimum floor area requirement of the PR or residential district where it is located, may be rebuilt or replaced by a dwelling unit of equal or larger size, provided that a special exception is granted by the Board of Adjustment as stipulated in § 155.082.

(4) When the right to maintain or operate a lawful nonconforming use or nonconforming structure has been terminated by the Board of Adjustments as provided in § 155.113.

(5) Whenever a lawful nonconforming use or building has been changed to conforming, such use or building shall not thereafter be changed back to nonconforming.

(6) Nothing in this chapter shall be taken to prevent the restoration of a building destroyed by fire, explosion, act of God, a public enemy or other calamity to the extent that the cost of the reconstruction or repair does not exceed 50% of the replacement cost of the structure, nor the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction.

(H) Exceptions.

(1) Existing land uses or structures, that do not conform with the required yard setbacks due to land or right-of-way acquisition by a public agency with the power of eminent domain, shall be exempted from the provisions of division (G)(3) of this section, provided that any reconstruction or replacement does not cause a greater extent of nonconformance to the setback requirements than the pre-existing nonconforming uses or structures and is not in conflict with the real estate interest of any public agency. The expansion, enlargement or intensification of a preexisting nonconforming use during reconstruction or replacement shall not qualify for the exemption and shall continue to be regulated by the provisions of division (F) of this section.

(2) Any carport in existence on December 15, 1996, which is non-conforming as to front, side or rear setback restrictions or any carport receiving a building permit between November 25, 1996, and December 15, 1996, and not located within five feet of the city right-of-way, shall be heretofore a legal non-conforming use, subject to all provisions of this section.

(Ord. 671, passed 4-15-86)

§ 155.099 SPECIAL CONDITIONS.

(A) General. The following sections describe the special conditions under which certain uses are permitted in a zoning district when reference is made to one or more of said sections in the ordinance. A building permit or certificate of occupancy shall not be issued for any permitted use with "Special Conditions" until all of the required conditions have been met.

(B) Special conditions by use.

(1) Zero lot line dwellings. Zero lot line dwellings shall meet each of the following structural restrictions:

(a) No window, door or any kind of opening shall be allowed in the zero lot line wall.

(b) A three foot overhang easement shall be secured from owner of property adjacent to the zero lot line wall in the event that the eave projects beyond the zero lot line into the adjacent property.

(d) A minimum of ten foot building separation between zero lot line dwellings.

(e) A minimum of ten foot building separation shall be provided between any zero lot line dwelling and abutting single, two-family, or multiple family dwellings.

(f) No zero lot line dwellings are allowed to be located on a lot line that abuts a public right-of-way or private alley.

(2) Townhome, multi-family dwelling or apartment.

(a) All structures shall have a minimum roof pitch of 4/12.

(b) Dumpster setback. All dumpsters shall set back at least 50 feet from any abutting Single-family Residential Districts.

(c) No private recreation facilities for multi-family residential developments shall be located within landscape buffer yards, street landscape setback or any required landscaped areas.

(d) No boats, motor homes, trailers, recreational vehicles, motor homes, towed trailers or similar vehicular equipment shall be parked or stored on the property of any multi-family residential development. In case of an apartment or other rental housing development, this requirement shall be incorporated into the rental contract.

(e) Lighting requirements. Sufficient lighting shall be installed by the developer at all driveway entrances from public streets, driveway intersections, parking lots and throughout the multi-family residential development per the Illumination Engineering Society's standards on illuminance levels for safety.

(f) Pavement specifications. All parking areas and driving lanes shall be constructed with five inches of concrete pavement on a scarified and compacted subgrade. All dumpster pads and loading area in front of dumpsters shall be constructed with six inches of concrete pavement on a scarified and compacted subgrade. The concrete pavement shall be reinforced with inch steel bars spaced 24 inches on center each way or six by six, #6 gauge welded wire fabric. An approved paving fiber may be substituted for the reinforcing steel. Chairs shall be used to support reinforcement.

(g) Access. Principal access to multi-family residential developments shall be restricted to minor collector or larger streets. The primary connection from such access to major collectors or larger streets shall not pass through any street that is bordered on both sides by one of the Single-family Residential Districts or a combination of those districts.

(h) No single structure shall exceed 300 feet in length.

(3) Manufacturing housing or camping trailer. A manufactured home or camping trailer shall be permitted only in a manufactured home rental community or a manufactured home subdivision or an approved campground or recreational vehicle park.

(4) Hotel and motels.

(a) To be classified as a hotel or motel, an establishment must meet each of the following requirements:

1. The establishment shall contain a minimum of 20 individual guest rooms or units and an office.

2. The establishment shall furnish customary hotel service, including but not limited to laundry service, linen service, telephone, maid service, use of and up-keep of furniture.

3. The establishment shall maintain a register of guests, however, no guest shall be registered for more than 30 consecutive days.

4. Guest rooms shall not be used in any form or manner as a permanent residence.

(b) Hotels or motels shall provide interior access to guestrooms. The use of exterior corridors on hotels or motels on any exterior facade of the building shall be prohibited. Exterior access to guestrooms shall only be permitted for rooms facing a courtyard that is enclosed on four sides by the hotel or motel building.

(c) Outdoor recreational facilities at hotels and motels such as swimming pools, sports courts and playgrounds shall be located behind the building, or if located on the side of the building shall not be forward of the front building elevation that is closest to the street. The facility must be screened from view of public rights-of-way by fencing, landscaping, or a combination of these. Wood or chain link fencing shall not be permitted.

(5) Residential accessory buildings.

(a) An accessory building may be attached or semi-attached to, or detached from the main residential building. Permitted uses or buildings accessory to a single or two-family dwelling, apartment house or farm shall include, but are not limited to the following:

1. Single or two-family dwelling. A private garage for automobile storage, tool house, lath or greenhouse as a hobby (no business), home work shop, children's playhouse, storage house or garden shelter, but not involving the conduct of a business.

2. Apartment. Private recreational facilities as defined and regulated under division (B)(7) below, employee's washroom, a manager's apartment and office, and laundry. The manager's apartment may be used as an office, but such facility shall be included in computations of lot area requirements. The laundry room may be used for clothes washing and drying facilities for the exclusive use of the tenants and no exterior advertising of such uses may be permitted.

3. Farm. A barn, poultry house, stable, machinery shed, granary or other buildings used for the storage or housing of usual products and animals raised or maintained on a farm.

(b) An accessory building for the purpose of maintaining property or livestock may be erected prior to the construction of a principle building or use in a PR or residential district provided that it meets the requirements below. Notwithstanding any other requirements in this chapter, an accessory building for the purposes stated hereinabove may be erected prior to the property being included in an approved plat. Further, an accessory building may be erected on property zoned for non-residential purposes, provided that such property contains more than 50 acres. When used in the divisions here-in-below, the term "property" shall mean an area or tract(s) of land contained in one recorded deed on file in the Deed Record Office of the county in which the property is located.

1. A minimum of three acres of land shall be required.

2. The accessory building must setback a minimum of 75 feet from all property lines and 150 feet from any adjacent residential structure. Accessory building used for horses or other animals must conform with the requirements set forth in divisions (B)(14)(d), (e), (f), (g), (h) and (i) below.

3. The size of the accessory building shall be no larger than 1,500 square feet.

4. The accessory building shall be removed from the property within 24 months from the time that 50% or more of the property is included in an approved final plat, unless the accessory building complies with all applicable regulations in this chapter and serves a principle building or use occupying the same lot or premises as the accessory building.

(c) An attached or semi-attached accessory building shall be made structurally a part of and: (1) have a common wall with the main residential building; or (2) have a continuous roof assembly and common attic with the main residential building. Attached or semi-attached accessory buildings shall comply with the setback, height, lot coverage, masonry construction and all other provisions of this chapter applicable to the main residential building. Attached or semi-attached accessory buildings shall not be subject to divisions (d) through (p) below.

(d) An accessory building that is not attached to the main residence by a common wall or continuous roof assembly with a common attic shall be considered a detached accessory building and shall comply with the regulations set forth in the following divisions.

(e) One detached garage may be built with the main residential building as part of the original building permit for the main residential building under the following regulations:

1. The detached garage shall be located at least 50 feet behind the front facade of the main residential building that is closest to the street, at least five feet from the side property line, seven and one-half feet from the rear property line and must not encroach upon any pre-established building lines or easements.

2. The detached garage shall not be higher than 20 feet or the main residential building, whichever is less.

3. The combined square footage of the detached garage and the main residential building shall not exceed the maximum lot coverage for the district in which the property is located.

4. The detached garage shall be constructed of the predominant building material (i.e., brick, stone, siding, etc.) used on the main residential building.

5. Any additional detached garages built with the main residential building or detached garages that are built after the issuance of the building permit for the main residential building shall be subject to the provisions set forth in divisions (f) through (p) below.

6. On property where a detached garage was constructed at the same time as the main residential building, other accessory buildings or structures shall be permitted, subject to the regulations set forth in divisions (f) through (p) below.

(f) Accessory buildings or structures for properties in the A, PR, SF and 2F Districts shall not exceed the maximum square footage as depicted in the following table:

Area of the Residential Property	Max. Total Sq. Ft. for All Accessory Buildings or Structures
Less than 8,400 sq. ft.	300 sq. ft.
Between 8,400 sq. ft. and 19,999 sq. ft.	750 sq. ft.
20,000 sq. ft. or greater	1,500 sq. ft. or 4% of the total area of the lot, whichever is greater

(g) The maximum square footage limits shown hereinabove shall be cumulative of all accessory buildings or structures for each lot.

(h) Accessory buildings or structures for duplexes and townhomes in the MF-1 and MF-2 districts shall conform to the standards established in divisions (B)(5)(f) and (j).

(i) Accessory buildings or structures for multi-family apartments or dwellings in MF-1 and MF-2 Districts shall comply with the area, height and setback standards for the principal buildings in such districts.

(j) Accessory buildings or structures shall comply with the minimum setbacks from the property line as depicted in the table below in conjunction with the height of the accessory building or structure. The height of accessory buildings or structures shall be measured from the ground to the highest point of the building or structure.

Max. Accessory Building Height	Minimum Setbacks
Max. Accessory Building Height	Rear Yard	Side Yard
8' or less	5'	5'
9' to 10'	7'	7'
11' to 24'	9'	9'

(k) Accessory buildings or structures may be located in the side yard provided that they meet the minimum height/setback requirements described in division (B)(5)(j) of this section and that they are at least 75 feet from the front property line or behind the rear facade of the main residential building that is furthest from the street.

(l) On double frontage lots, accessory buildings or structures may be located within the 25 feet rear yard setback provided that they meet the minimum height/setback requirements described in division (B)(5)(j) of this section.

(m) On corner lots that back up to the rear yard of another lot, accessory buildings or structures may be located within the exterior side street setback provided that they meet the minimum height/setback requirements described in division (B)(5)(j) of this section. No accessory building or structure shall be permitted within the exterior side street setback of a lot that backs up to the side yard of another lot that faces the side street.

(n) A minimum distance of five feet shall be required from enclosed accessory buildings or structures to the main residential building or to other buildings or structures on the property. No minimum separation shall be required for unenclosed (structures with no walls) accessory buildings or structures or those with an area of 200 square feet or less.

(o) The combined floor area of accessory building(s) or structure(s) and accessory dwelling unit shall not exceed 2,500 square feet. In no case shall the combined area of the primary residence, the accessory building or stucture and the accessory dwelling unit exceed the maximum percentage of lot coverage allowed for the residential zoning district in which the structures are to be located. All accessory dwelling units shall comply with the provisions set forth in § 155.099(B)(35) of the Mansfield Zoning Ordinance. Accessory buildings or structures that do not require a permit for location in any residential zoning district shall be exempt from this requirement.

(p) The Board of Adjustment may grant a special exception to allow an increase in the maximum area or height, or a reduction of the minimum setback requirements for accessory buildings or structures, subject to the conditions established in § 155.082(E)(6).

(6) Home occupation. A home occupation is permitted when the occupation or activity conducted within a dwelling unit is clearly incidental and subordinate to the use of the premises for dwelling purposes and provided that:

(a) No retail business of any sort is involved.

(b) No stock in trade is kept nor commodities sold except those made or used on the premises.

(d) No internal or external alterations, special construction or features are involved.

(e) There is no advertising of any type on premise and no other display or storage of materials or exterior identification of the home occupation or variation from the residential character of the main building or any accessory buildings.

(f) No equipment is used which creates offensive noises, vibrations, sound, smoke or dust, odors, heat, glare, x-ray, or electrical disturbance to radio or television. In particular, a home occupation includes the following and similar uses: artist's studio, dressmaking and millinery; limited professional practice provided no clients or customers are permitted on the premises (such as lawyer, engineer, architect or accountant); music teaching limited to not more than two pupils at one time; the keeping of up to four children under the age of 16 years at any one time apart from their parents, guardians or custodians for regular periods of time for compensation, provided that the total number of children under the age of 16 years on the premises at any one time, including those kept without compensation and those who reside on the premises, shall not exceed eight.

(g) Repair of automobiles for a fee shall not be permitted as a home occupation.

(7) Private recreation facility. Private recreation facilities in residential districts shall, for multi-family residential developments, subdivisions, or homeowners associations, be restricted to use by the occupants of the residence and their guests, or by members of a club or homeowner's association and their guests, and shall include but not be limited to such uses as swimming pools, open game fields, common green areas or open space, basketball, shuffleboard, racquet ball, croquet, and tennis courts, and meeting or locker rooms. Activity areas shall be fenced and screened from abutting properties. Dispensing of food and beverages shall be permitted on the premises only for the benefit of users of the recreation facility and not for the general public. Off-street parking shall be required on the basis of one parking space for each 4,000 square feet of area devoted to recreational use with a minimum of four spaces.

(8) Identification. Accessible parking spaces shall be designed as reserved for the handicapped through conforming to the standards and specification referred to in Tex. Transp. Code § 681.009(b).

(9) Swimming pool. All public, private and commercial pools including those permitted as private recreation facilities shall conform to the following provisions:

(a) If located in any residential zoning district, the pool shall be intended and used solely for the enjoyment of the occupants of the principal use of the property on which it is located and their guests.

(b) A swimming pool may be located anywhere on a premise except in the required front yard, provided that the water's edge of the swimming pool shall not be located closer than five feet to any side property line or five feet to any rear property line, or within any easement. Swimming pool pump and filter installations shall not be located within the front yard or any public easement and shall be screened from adjacent property and public streets.

(10) Private utility shop or storage. Shall not be permitted to be used for commercial or business purposes, whether full time or part time, and not including the storage of junk or hazardous materials, equipment or vehicles not customarily associated with a residence.

(11) TV dish antenna. Permitted only if located in the rear of a main building on the same lot and only if conforming with all yard requirements as provided for accessory buildings in § 155.055(C).

(12) Private stable. All private stables shall conform to the requirements as set forth for commercial stable in divisions (14)(c), (d), (e), (f), (g), (h) and (i) below. If the private stable is located on a lot or tract of land with less than three acres, a specific use permit shall be obtained by the property owner in accordance to the provisions of § 155.080 prior to the construction of the stable.

(13) Stable, riding club. All stables owned by a riding club shall conform to requirements as set forth for commercial stables in divisions (14)(c), (d), (e), (f), (g), (h) and (i) below.

(14) Commercial stable. All commercial stables shall conform to the following requirements:

(a) No commercial stable shall be permitted if its existence would be incompatible with surrounding residential land uses and zoning.

(b) The minimum lot size area shall be 200,000 square feet.

(c) If any horses (including horses, ponies, mules, donkeys and other animals used for riding) are kept outside of any building, the maximum number of horses permitted shall be in accordance with the following schedule:

Number of Horses	Minimum Area
1	15,000 sq. ft. (1/3 acre)
2	21,780 sq. ft. (1/2 acre)
3	1 acre
each additional horse	1/2 acre

A minimum of 800 square feet of space shall be provided for each horse kept within a corral or any outside animal retainment area.

(d) If all horses (and other riding animals) are kept inside a building, the maximum number of horses permitted shall be limited to the building capacity to house, show, and ride said horses. A minimum area of 100 square feet shall be provided for each horse kept under roof.

(e) Stables, corrals, animal enclosure and retainment structures, feed, and bedding shall be located 75 feet from any lot line and 150 feet from any residential structure in order to minimize odor and nuisance problems. Open pasture may extend to the lot line.

(f) Adequate and secure fencing shall be provided around all animal retainment areas to prevent unwanted trespassing onto adjacent properties. All fencing must be a minimum of five feet high and of sufficient strength to retain animals and maintained in good condition. All gates must be kept closed at all times.

(g) A vegetative strip at least 50 feet wide shall be maintained between any corral, animal retainment structure, and any surface water or well in order to minimize runoff, prevent erosion, and promote quick nitrogen absorption.

(h) In an area with a slope of 5% or more, corrals and animal retainment structures shall be 150 feet from a well and 200 feet from any natural drainage, unless the water is upgrade or there is adequate diking as determined by the Building Inspector.

(i) Premises must be maintained in such a manner as not to create a health nuisance. Corrals and stables shall be maintained in clean, sanitary condition at all times, and sprayed periodically to prevent the breeding of flies and insects. Refuse and manure must be collected daily, and placed in fly and rat proof containers and disposed of weekly.

(j) Parking stalls required are one stall per every two horses (or other riding animals) based on the number of horse stalls or maximum horses allowed on the property, plus one per every employee on the largest shift.

(k) Special events such as fat stock shows, exhibitions, and contests shall only be permitted when a temporary use permit has been granted and are subject to the requirements of § 155.081(B)(1)(b).

(15) Airport landing field and heliport.

(a) Any proposed airport or heliport shall comply with regulations of the Federal Aviation Administration or other authority qualified by law to established airport or air-traffic regulations.

(b) The approach zone to the airport or heliport shall be so situated as to minimize any interference and negative impact upon existing and future use of adjacent properties and to insure the safety of aircraft in landing and taking off and the safety of persons occupying or using the area within the approach zone and the security of property thereon. An approach zone, once designated during the establishment of the airport or heliport, shall not be changed in the future unless approved by the City Council.

(c) Off-street parking required: one space for every plane space within the hangers plus one space for every tie-down space plus one for every two employees.

(d) Building setbacks: any building, hanger, or other structure shall be at least 100 feet from any street or lot line.

(e) All repairs of airplanes and machinery shall be done inside hangers. No servicing or fueling facilities shall be included as part of a heliport. A proposed airport or heliport shall comply with any other restrictions imposed by the City Council for the safety and welfare of the general public.

(16) Commercial parking lot or structure. Facilities for servicing of automobiles may be included in commercial parking lots or structures provided that such facilities are primarily an internal function for use only by automobiles occupying the structure and creates no special problems of ingress and egress.

(17) Car wash. No car wash, whether full or self service shall be permitted if its existence generates obnoxious conditions perceptible at the abutting property lines of the tract on which the facility is located.

(18) Auto repair garages, paint and body shops, tire changing and patching shops. Automobile repairing, painting, glass, upholstering, auto tire body and fender work shall be performed only under the following conditions:

(a) All body and fender repairing shall be done within a completely enclosed building or room with stationary windows, doors or other openings that may be opened only at intervals necessary for ingress and egress;

(b) No spray painting may be done except in a building or room specially designed for that purpose;

(c) All other auto repairing, glass, upholstering, and tire work shall be conducted within a building enclosed on at least three sides.

(d) All temporary storage of vehicles awaiting dismantling or repair and outside storage of materials or products for finishing, fabrication, and disposal, shall be completely screened from the public's view by a six foot high opaque fence.

(19) Reserved for future use.

(20) Farm, ranch or orchard. A minimum lot area of three acres or more shall be required for farm, ranch or orchard use. Stables, corrals, pens, barns, buildings and other structures used for the enclosure or retainment of farm animals shall conform to requirements as set forth in divisions (14)(e), (f), (g), (h) and (i) above.

(21) Establishments that sell alcoholic beverages. All establishments that sell alcoholic beverages shall conform to the following provisions:

(a) The sale of alcoholic beverages shall be permissible only after obtaining the appropriate licenses and/or permits in accordance with the applicable State of Texas regulations.

(b) When applying for a Mixed Beverage Permit from the State of Texas, a restaurant that holds a food and beverage certificate and private club permit from the Texas Alcoholic Beverage Commission prior to September 10, 2005 is exempt from the requirements in divisions (c) and (d) below provided that the restaurant has not been closed for business for more than six months preceding the application.

(c) No sale of alcoholic beverages shall be permitted by any establishment which is located within 300 feet of a church, public or private school or public hospital. The measurement of the distance between a place of business where alcoholic beverages are sold and a church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. The measurement of the distance between a place of business where alcoholic beverages are sold and public or private schools shall be in a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections.

(d) No sale of alcoholic beverages shall be permitted by any establishment which is located within 300 feet of a day-care center or child-care facility, as defined by § 42.002, Texas Human Resources Code. The measurement of the distance between a place of business where alcoholic beverages are sold and a day-care center or child-care facility shall be in a direct line from the property line of the day-care center or child-care facility to the property line of the place of business, and in a direct line across intersections. In accordance with the Texas Alcoholic Beverage Code, the minimum distance requirement shall not apply if:

1. The establishment holds a food and beverage certificate from the Texas Alcoholic Beverage Commission;

2. The establishment and a day-care center or a child-care facility are located on different stories of a multistory building;

3. The establishment and a day-care center and a child-care facility are located in separate buildings and either the establishment or the day-care center or child-care facility is located on the second story or higher of a multistory building;

4. The establishment is adjacent to a foster group home, foster family home, family home, agency group home, or agency home as those terms are defined by § 42.002 of the Texas Human Resources Code; or

5. The establishment sells alcoholic beverages for off-premise consumption in accordance with the applicable State of Texas regulations.

(e) Establishments that sell alcohol beverages under a mixed beverage late hours permit issued by the Texas Alcoholic Beverage Commission may sell alcoholic beverages on Sundays between the hours of 1:00 a.m. and 2:00 a.m. and on any other day between the hours of 12:00 a.m. and 2:00 a.m. in accordance with the Texas Alcoholic Beverage Code.

(f) In accordance with § 155.012, any establishment which derives more than 75% of its gross revenues from the sale of alcoholic beverages shall be defined as a bar.

(22) Retail and service establishments not elsewhere listed. Any retail sales or service establishment which is not listed in § 155.054(B) may be permitted in the designated districts, except in the OP, C-1 and C-2 Districts, all inventory, equipment and items for sale are displayed entirely within an enclosed building; and further provided that such use is not noxious or offensive by reason of the emission of odor, dust, gas fumes, noise or vibration and that no type of manufacturing or treatment shall be permitted on any premises in the OP, C-1 and C-2 Districts other than the manufacture of products clearly incidental to the conduct of a retail business on the premises.

(23) Temporary batch plant. The Director of Public Works may issue a permit for a temporary batch plant provided that the plant is located at least 300 feet away from any park, school, child care center, or residential structure and that the plant shall not be located on the same property more than 120 days. The operator of a temporary batch plant must apply to the Board of Adjustment for a special exception under § 155.082 if the plant is to be located closer than 300 feet to any park, school, child care center or residential structure, or if the plant will be located on the same property more than 120 days.

All temporary batch plants, whether allowed by permit or by special exception, shall conform to the following requirements:

(a) The stationary equipment of a temporary batch plant shall not be located closer than 100 feet to the nearest property line.

(b) The hours of operation of a temporary batch plant shall be restricted to Monday through Friday from 7:00 a.m. to 7:00 p.m., and Saturdays, 9:00 a.m. to 5:00 p.m. Hauling aggregate (sand and gravel) to or from the site on Saturdays shall be prohibited.

(c) The site on which the temporary batch plant is located shall be returned to its original condition within 30 days following the termination of the plant operations.

(d) No more than one temporary batch plant shall be permitted on the same property within a period of 18 consecutive months.

(e) A temporary batch plant shall be located on property of the construction site or abutting the construction site or project.

(f) Concrete or asphalt from a temporary batch plant shall not be trucked over to any other construction site other than the site of the project for which the plant was approved.

(g) A temporary batch plant shall comply with all standards of and must receive a permit from the Texas Commission on Environmental Quality. A plant shall meet all current city ordinances pertaining to storm water, dust or other environmental standards.

(24) Offices. Office development in the OP, Office Park District, shall be subject to the following additional supplemental conditions:

(a) Impervious surface coverage consisting of all buildings and structures and all paved or impervious surfaces shall not exceed 90% of the total lot area.

(b) Store front, show window, or display window effects shall not be permitted and there shall be no display from windows or doors and no storage of merchandise in the building or on the premises except in quantities customarily found in professional or business offices and the associated retail and service type business.

(c) Permitted retail and service type uses in the OP district shall be conducted for the sole convenience of the occupants of the associated office building and there shall be no entrance to any such place of business except from the inside of the building.

(25) Industries not elsewhere listed. Industrial uses in the I-1, Light Industrial District shall include only those operations which are not offensive by reason of the creation of a hazard or emission of detectable dust, odor, glare, noise, smoke, gas, fumes or vibration beyond the bounding property lines of the lot or tract upon which the use is located. It is the intent of the I-1, Light Industrial District that the processing of raw material, to be used by another industrial operation, not be permitted. Manufacturing or industrial operations not specifically listed in the Permitted Use Table are intended to be located in the I-2, Heavy Industrial District unless such operations meet the special conditions set forth above for the I-1, Light Industrial District. Said conditions shall apply to both listed and unlisted uses permitted in the I-1 District. The installation of abatement devices for control of dust, odor, noise, etc. may be necessary in certain instances.

(26) New and used car sales lot. No combined new and used car sales lot shall have more than 50% of the vehicle units for sale made up of used cars.

(27) Warehouses. All mini-warehouses located in the C-3 District shall setback a minimum of 100 feet from the front lot line. No outside storage or display of merchandise, vehicles, equipment or objects are permitted in the C-2 District except as provided in § 155.096(C).

(28) Building material and lumber sales, nursery garden center. Notwithstanding the restrictions of § 155.096(C), outside storage of materials, supplies, products and containers customarily associated with building materials, lumber sales and plant nurseries are permitted in the C-2 and C-3 Districts provided such storage area is visually screened from the street by a six foot high solid fence, and provided that all building materials and lumber shall be placed on pallets or neatly packaged and consist of no used items; and provided that all plant or landscaping materials be balled or burlaped or neatly contained in pots and/or buckets.

(29) In the C-3, Commercial-Manufacturing District, no trailer, truck or recreational vehicle available for rent shall exceed the size of a single rear axle vehicle. Trailers available for rent in said Districts shall be limited to a single wheel, dual axle, bumper pull type maximum.

(30) Adult entertainment establishment. Adult entertainment establishments shall conform to all applicable regulations in the Mansfield Code of Ordinances as now existing or as hereafter amended.

(31) Reserved for future use.

(32) Quarters for an on-site manager or caretaker of a mini-warehouse facility. Residential quarters for mini-warehouse facilities shall conform to the following requirements:

(a) One residential unit shall be permitted as an accessory use for each mini-warehouse facility.

(b) Occupancy of the residential unit shall be limited to the on-site manager or caretaker of the mini-warehouse facility and immediate family of the occupant.

(d) The residential unit shall be located inside the office or attached to the office by a common wall.

(e) The residential unit shall be limited to 1,000 square feet of floor area.

(f) A minimum of two parking spaces, enclosed in a garage or unenclosed, shall be provided for the residential unit, exclusive of the required parking for the mini-warehouse office.

(33) Food carts. Food carts shall conform to the following requirements:

(a) For the purposes of this section, a food cart is defined as a non self-propelled, vehicle mounted food service establishment designed to be readily movable. A food cart may be used only for packaged or unpackaged non-potentially hazardous food and hot dog-like products including bratwurst. A food cart business shall not include a grill, smoker or a cart where food is prepared over an open flame.

(b) For the purposes of this section, the health authority is that authority designated in Chapter 94 of this code.

(d) No food cart shall operate within the City of Mansfield unless the owner or operator of the cart first obtains a business license from the city. An application for a business license will not be processed unless accompanied by a copy of the food service permit issued by the health authority and a letter from the property owner stating that the food cart is permitted to operate on the property.

(e) If any unwrapped foods are prepared, stored, displayed, or served on the food cart, a three-compartment sink and hand sink with soap and disposable towels shall be required on the food cart.

(f) Carts requiring sinks must be equipped with a potable water system that is under pressure or gravity feed and be capable of providing hot and cold water at a minimum rate of one-half gallon per minute. The system must be of an adequate capacity, as determined by the health authority, for food preparation, utensil cleaning and hand washing. The water inlet must be located so it will not be contaminated by waste discharge, road dust, oil, grease and similar materials. The water outlet must be capped at all times except during time of service. Liquid waste must be stored in a retention tank that is at least 15% larger than the water supply tank. Liquid waste may only be disposed of in an approved sanitary sewer. Discharge of wastewater on the ground or into a storm sewer is prohibited.

(g) Mechanical refrigeration and hot food storage must be provided for the maintenance of all potentially hazardous foods. All potentially hazardous food must be kept at 41°F or below or at 140°F or above. The use of ice, dry ice, and Sterno as a means of maintaining proper food temperatures is not approved unless written permission is given by the health authority. Coolers that are smooth, durable, and easily cleanable may be used for the storage of soft drinks. The use of styrofoam is prohibited.

(h) All food products must come from sources approved by the health authority. All prepackaged foods must be properly labeled. Home-prepared foods of any kind are prohibited.

(i) All finishes on the food cart must be smooth, durable, non-absorbent, and easily cleanable.

(j) All food and any items coming in contact with food are to be stored above the ground and protected from contamination. The use of open condiments is prohibited. Condiments must be dispensed from individual packets or from a closed dispenser such as a squeeze container.

(k) Wiping cloths must be stored in an approved sanitizer at appropriate strength when not in actual use.

(l) A covered trash receptacle must be provided for the public's use and removed from the premises when the food cart is not present.

(m) Public restrooms must be easily accessible to employees of the food cart.

(n) Every portion of a food cart must be entirely covered by a building overhang or a canopy or umbrella that must be removed from the premises when the food cart is not present.

(o) The following items must be kept on site and used as necessary:

1. A calibrated product thermometer scale 0°F to 220°F;

2. Test strips for the type of sanitizer used; and

3. Food grade gloves.

(p) Each employee of the food cart and the owner must obtain all appropriate cards, permits, licenses or certificates regarding food handling from the health authority prior to the issuance of a food service permit.

(q) All food carts must operate from a commissary approved by the health authority. The food cart operator must submit to the health authority a letter from the owner of the commissary giving permission to use that establishment as a commissary. All food carts must report at least once per day to the commissary for supplies, clean up of the food cart and any other activities related to the operation of the food cart, such as the use of a three-compartment sink for washing large items. When not in use the food cart must be stored at the commissary in a covered area protected from the weather.

(r) The owner or operator of a food cart must submit to the health authority such plans, drawings, specifications and other information that fully describe the food cart as the health authority may require.

(s) Any food cart that operates with propane must be located at least ten feet from the building and at least 20 feet from any opening into the building. Additionally, a minimum of one two and one-half pound fire extinguisher must be located within 20 feet of the food cart.

(t) Electrical cords may not extend more than six feet beyond the food cart, and must be installed and secured to prevent safety hazards.

(u) A food cart shall only be permitted on property with an existing retail shopping center that has at least one anchor tenant with a minimum floor area of 50,000 square feet. The food cart must be located on the same lot occupied by said anchor tenant.

(v) Only one food cart shall be permitted per retail shopping center.

(w) A food cart shall not be allowed in any required parking space of the retail shopping center.

(34) Gas well drilling and production and line compressors. Gas wells, drilling and production of gas, and line compressors facilities shall conform to the regulations set forth in § 155.102.

(35) (a) Intent. The intent of these provisions for accessory dwelling units (ADUs) is:

1. To enable and to encourage increased land use efficiency.

2. To enable and to encourage a measure of attainable housing.

3. To enable and to encourage lifelong neighborhoods.

4. To increase the supply of housing options without diminishing the aesthetic and the quality of life in existing and future neighborhoods.

(b) General.

1. Accessory dwelling units are permitted where specified in § 155.054, Permitted Uses and are permitted as accessory units where specified in § 155.072, D, Downtown District, and in § 155.073, S, South Mansfield Form-based Development District.

2. Accessory dwelling units may only be provided in the following locations:

a. Within the principal dwelling unit;

b. Above a free-standing garage; or

c. As an independent, free-standing accessory building or outbuilding.

3. Accessory dwelling units are limited to a maximum habitable area of 1,000 square feet or a maximum of 75% of the habitable area of the principal dwelling unit, whichever is greater. The habitable area of each accessory dwelling unit shall be calculated as enclosed space, excluding garages and other roofed structures such as patios and porches.

a. The habitable area of an accessory dwelling unit shall be no greater than the habitable area of the principal dwelling unit on the same lot.

4. Accessory dwelling units shall provide an entry independent of the principal dwelling unit, that is accessible from a sidewalk or from a rear alley.

5. One walkway, between four and five feet in width, that is paved with brick, concrete, or stone, shall be provided and shall directly connect the entry of the accessory dwelling unit to all required parking.

6. Accessory dwelling units are not permitted to be platted or sold separately from the principal dwelling unit.

7. All trash containers and recycling containers shall be visually screened from the public right-of-way.

1. Accessory dwelling units within the principal dwelling unit are subject to the setback requirements of the zoning district in which the principal dwelling unit is located.

2. All accessory dwelling units that are separate from the principal dwelling unit shall be setback from the boundaries of their lots as follows:

a. Front: 50 feet minimum.

b. Side street: five feet minimum.

c. Side yard: five feet minimum (7.5 feet minimum if two stories).

d. Rear yard: five feet minimum (ten feet minimum if two stories).

e. Rear alley: 15 feet minimum from the rear alley centerline.

f. Accessory dwelling units may not encroach into any easement.

(d) Height. Accessory dwelling units are limited to two stories in height.

(e) Density.

1. Accessory dwelling units shall not be counted in density calculations.

2. Accessory dwelling units are limited to one unit per lot in all zoning districts where permitted.

(f) Massing. Accessory dwelling units shall only be constructed as follows (Figures 1 and 2 below):

1. As a garage conversion (a converted former garage);

2. As a home addition (an accessory dwelling unit that shares at least one wall with the principal dwelling unit);

3. As a home conversion (a converted area of the principal dwelling unit, with its own kitchen and bathroom);

4. As a new independent structure that is separated from the principal dwelling unit and often placed in the backyard; or

5. As a garage addition (a new accessory dwelling unit that shares at least one wall with the garage and units may be built above the garage).

(g) Utilities.

1. An accessory dwelling unit may or may not share utility connections with a principal dwelling unit.

2. All new utility connections may only be permitted subject to the review and the approval of the Director of Engineering Services.

3. All new utility connections shall be placed underground.

4. All new data / telecommunications lines shall be placed underground.

(h) Additional standards.

1. Accessory dwelling units shall match the color and material of the principal dwelling unit on the same lot.

2. For accessory dwelling units not within the principal dwelling unit (i.e., that are detached), roofs shall be shed with a minimum pitch of 4:12 and shall have a roof style complementary to the architectural style of the principal dwelling unit.

3. For attached accessory dwelling units, roofs shall match the roof style of the principal residential unit or principal building.

4. For attached accessory dwelling units, the unit shall be designed to have its entry to face away from the principal pedestrian entrance into the principal dwelling unit.

5. Exterior stairs and fire escapes shall not be visible from the public right-of-way or from any required open space or civic space.

6. Architectural features including, but not limited to, balconies, patios, and porches, shall not be calculated and considered to be part of the maximum habitable area of the accessory dwelling unit.

7. Where visible from the public right-of-way or any required open space or civic space, all openings for doors and windows shall match the proportions and orientations for the same on the principal dwelling unit.

8. In no circumstance shall the aggregate habitable area of a principal dwelling unit and accessory dwelling unit(s) exceed the maximum lot coverage of the zoning district in which the property is located.

9. Each accessory dwelling unit shall require one parking space in addition to the required parking for the principal dwelling unit.

(i) Adjustments. The Director of Planning shall be authorized to make minor adjustments so that minor deviations may be resolved administratively. Minor adjustments shall be limited to dimensional adjustments that do not constitute a decrease of more than 20% for setbacks; locating an accessory dwelling unit in front yards, provided that it complies with the minimum front yard setback requirements for that zoning district; and building design (i.e., architectural design of the accessory dwelling unit).

(j) Appeals. Any property owner denied a permit for constructing an accessory dwelling unit under the provisions of this section may appeal to the City Council.

Figure 1. Accessory dwelling unit massing.

Figure 2. Examples of accessory dwelling units (a garage addition and an independent structure).

Figure 3- A. Example of an accessory dwelling unit.

Example 3-B. Example of an accessory dwelling unit.

Example 3-C. Example of an accessory dwelling unit.

(36) Eating places with drive-through service. In addition to the conditions specified in § 155.080(F) and (G), eating places with drive-through service shall be subject to the following supplemental conditions:

(a) For the purposes of this section, the following definitions shall apply:

1. CROSS ACCESS shall mean a service drive providing vehicular access between two or more contiguous sites so that drivers need not enter the public street system.

2. STACKING LANE shall mean an area of stacking spaces and driving lane provided for vehicles waiting for drive-through service that is physically separated from other traffic and pedestrian circulation on the site.

3. STACKING SPACE shall mean an area within a stacking lane for vehicles waiting to order and/or finish a drive-through transaction.

(b) Two points of access to the property shall be provided to aid in traffic circulation.

(c) Shared access with adjacent lots should be established wherever feasible. Shared access should be provided by a driveway connecting two or more contiguous lots to the public street system.

(d) Cross access should be provided across the width of the property to adjacent lots. An access easement must be established wherever cross access is provided.

(e) The stacking lane(s) shall not be parallel to a public street when there is not a building or a row of parking spaces between the stacking lane(s) and the street.

(f) The stacking lane(s) should be designed to prevent circulation congestion on the property and on adjacent public streets. The design should minimize conflicts between pedestrian and vehicular traffic and should not impede access in or out of parking spaces.

(g) The stacking lane(s) for vehicles waiting for drive-in service shall be clearly delineated from traffic aisles, other stacking lanes and parking areas with striping, curbing, landscaping or alternative paving.

(h) The stacking lane(s) shall be integrated with the on-site circulation pattern and shall not enter or exit directly into a public street.

(i) For a stacking lane next to a curb, landscaping or property line, a by-pass or exit lane shall be provided to allow vehicles to leave the stacking lane.

(j) The stacking lane(s) should accommodate at least five stacking spaces before the order board and four stacking spaces between the order board and the transaction window.

(k) The intersection of a stacking lane and walk-in customer access shall be clearly delineated with a crosswalk with alternative paving, and/or striping.

(l) Each stacking lane shall have a minimum width of ten feet along straight segments and a minimum width of 12 feet along curve segments.

(m) The stacking lane, menu or order board and speaker shall be located a minimum of 100 feet from the property line of residential zoning district.

(n) When a stacking lane(s) is not screened by the restaurant building, additional screening shall be provided by planting shrubs along the entire lot line that is parallel or close to parallel to the stacking lane. The shrubs must be planted at three feet on center and have a minimum height of three feet at the time of planting.

(o) A landscape buffer with a minimum width of 20 feet shall be provided along the side lot lines of the property. The buffer must have one tree planted for each 25 linear feet or portion thereof.

(p) Exposed machinery and areas for storage, service and disposal shall be screened from adjacent lots and public streets using the same predominant construction materials on the building.

(q) The design of proposed buildings and additions should complement, whenever feasible, the roof line, roof pitch, arrangement of openings, color, exterior materials, proportion and scale of existing non-residential buildings in the vicinity.

(r) An eating place with drive-through service shall not be permitted on property within the boundaries of Historic Mansfield TIRZ No. 2 as established in Ordinance No. OR-1861-12 unless it is approved by the City Council as a Planned Development District.

(s) An eating place with drive-through service should comply with the driveway design and spacing requirements and other application requirements in the City of Mansfield Roadway Design Manual.

(t) Notwithstanding the foregoing provisions, the Planning and Zoning Commission may recommend and the City Council may approve such modifications, changes or alternatives to the above conditions as they deem appropriate.

(37) Solar panel systems shall conform to the following requirements:

(a) Solar panel systems shall meet all applicable codes and ordinances and shall be installed only after issuance of a building permit.

(b) Roof-mounted solar panel systems shall comply with the following:

1. Solar panel systems shall be permitted on the roof of a building provided that the panels are not located on a front or side roof slope facing any public street or a rear roof slope facing a street with four or more lanes as shown in the Thoroughfare Plan.

2. Solar panel systems shall have a top edge that is parallel to the roof ridge and shall conform to the slope of the roof.

3. Solar panel systems may be located on any roof slope of an accessory building or structure, such as a patio cover or detached garage, subject to the regulations in this division (b)2. and 5.

4. Solar panel systems mounted on flat roofs shall not exceed the maximum height permitted within the zoning district and shall be screened in accordance with § 155.093(A).

5. Solar panel systems shall be positioned on the roof so as not to extend above or beyond the edge of any ridge, hip, valley or eave.

1. A ground-mounted solar panel system is not permitted as the primary use of a property.

2. On residential property, ground-mounted solar panel systems shall comply with the maximum square footage and minimum setback requirements for residential accessory buildings and structures. On non-residential property, ground-mounted solar panel systems shall comply with the minimum setback requirements for non-residential buildings and structures and shall not be located within any required bufferyard or parking space.

3. Ground-mounted solar panel systems shall not be located between a property line abutting a street and the building.

4. Masonry and architectural requirements shall not apply to ground-mounted solar panel systems.

5. Ground-mounted solar panel systems on residential property shall be screened from view of the street or adjacent properties by an opaque screening fence. Except in the I-1 and I-2 Zoning Districts, ground-mounted solar panel systems on non-residential property shall be screened from view of the street and adjacent properties by a screening wall constructed of materials that match the predominant material used on the building.

6. The maximum height of ground mounted solar panel systems shall not exceed the height of the required opaque fence and in no case shall exceed eight feet.

7. Long lengths of conduit and wiring associated with the system's connection to the primary electrical panel shall be placed underground.

(d) Supporting equipment for solar panel systems, including power conditioning equipment such as batteries for electricity storage and stand-by gasoline electric generators shall be located behind the building and shall be screened by an opaque screening device, except that wall-mounted inverters may be located next to the electric meter.

(e) Solar panel systems shall be installed in conformance with all applicable city codes and ordinances, including the 2015 International Fire Code and future amendment thereof.

(f) On residential lots or tracts of two acres or larger, roof-or ground-mounted solar panel systems may face a public street provided that the solar panel system is located at least 300 feet from any street right-of-way line. An opaque fence shall not be required to screen ground-mounted solar panel systems meeting this provision.

(g) Solar panel systems incorporated into building materials such as roof shingles or tiles, windows, siding, or other architectural features integral to a building's design and are reasonably indistinguishable from traditional building materials may be installed on any roof or facade of the building. The eligibility of a solar panel system under this division shall be subject to the determination of the Director of Planning.

(h) The City Council may approve an alternate location than specified in this section for a roof-mounted or ground-mounted solar panel system at one meeting after holding a public hearing. Written notice of the hearing shall be sent to owners of real property, as they appear on the last approved tax roll, situated within 200 feet of the exterior boundary of the property on which the solar panel system is requested at least ten days prior to the date of the hearing. Notice of the hearing shall also be published in the official newspaper of the City of Mansfield at least ten days prior to the date of the hearing.

(38) Body art and piercing studio. Body art and piercing studios shall conform to the following provisions:

(a) A body art and piercing studio may not be located within 1000 feet of a single-family residential zoning classification or single-family residential use; a church; a licensed day- care center; a public or private elementary or secondary school; or another body art and piercing studio.

(b) For the purposes of this division (38), the measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or tenant space occupied by a body art and piercing studio to:

1. The nearest property line of the premises of a church, licensed day- care center, public or private elementary or secondary school, or single-family residential zoning classification or single-family residential use; and

2. The nearest portion of a building or tenant space occupied by another body art and piercing studio.

(c) A body art and piercing studio operating lawfully prior to October 26, 2020, may continue as a lawful non-conforming use without Planned Development District zoning; provided, however, that said non-conforming use shall automatically terminate upon 1) closure of a body art and piercing studio; 2) a change in name or ownership of a body art and piercing studio; or 3) a change in use of the building or tenant space previously occupied by a body art and piercing studio.

(39) Tobacco products store. Tobacco products stores shall conform to the following provisions:

(a) Distance. No tobacco products store shall be located within 1,000 linear feet of another tobacco products store; within 500 linear feet of the right-of-way of U.S. Highway 287, U.S. Business Highway 287, State Highway 360, Farm-to-Market Road 157, Farm-to-Market Road 1187, Farm-to-Market Road 917, Main Street, Debbie Lane, Broad Street, Country Club Drive, Heritage Parkway, Matlock Road, or Lone Star Road; within 500 linear feet of any zoning designation that allows residential uses, places of worship, hospitals, daycare centers, or public or private schools or colleges by right; or within 500 linear feet of parks and recreational facilities.

(b) Measurement. For purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects:

1. From the nearest portion of the property line of the premises where the existing business is located to the nearest portion of the property line of the premises where the new business is proposed; or

2. From the nearest portion of the right-of-way line of U.S. Highway 287, U.S. Business Highway 287, State Highway 360, Farm-to-Market Road 157, Farm-to-Market Road 1187, Farm-to-Market Road 917, Main Street, Debbie Lane, Broad Street, Country Club Drive, Heritage Parkway, Matlock Road or Lone Star Road to the property line of the premises where the new business is proposed; or

3. From the nearest portion of any zoning designation permitting residential uses, places of worship, hospitals, daycare centers, public or private schools or colleges by right or parks and recreational facilities to the property line of the premises where the new business is proposed.

(c) Prior to the issuance of a certificate of occupancy the business owner shall register with the State of Texas and file all required information about the business with the Texas Comptroller of Public Accounts.

(40) Donation box.

(a) General. Donation boxes are only permitted in the 2F, MF-1, MF-2, O-P, C-1, C-2, C-3, I-1, and I-2 Zoning Districts as an accessory use as shown in § 155.054(B), "Permitted Use Table," Table D. Donation boxes shall be restricted to locations that are in the rear yard or side yards only; no donation box shall be located between any building and a street.

(b) For purposes of this division (B)(40), OPEN SPACES shall mean "open space, common" as defined in § 155.012 and PASSIVE SPACE shall mean as referenced in § 155.092(L)(2) of this chapter.

1. Quantity. No parcel of land shall be permitted to have more than one donation box unless the parcel of land has more than 300 feet of road frontage. For the purposes of these provisions relating to donation boxes, a development containing an inter-related mix of uses on multiple platted lots under unified design and/or ownership shall be considered one contiguous lot. Notwithstanding, anything provided for herein, no two donation boxes shall be less that 300 feet apart.

2. Distance. No donation box shall be located within 75 linear feet of any parcel of land zoned as A and SF District; no donation box shall be located within 300 linear feet of the right-of-way of U.S. Highway 287, U.S. Business Highway 287, and State Highway 360 (Toll Road 360); and no donation box shall be located within 250 linear feet of any public parks and recreational facilities.

3. Measurement. For purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects:

A. From the proposed location of the donation box to the nearest portion of any lot presently zoned as A or SF District; or

B. From the nearest portion of the right-of-way of U.S. Highway 287, U.S. Business Highway 287, and State Highway 360 (Toll Road 360) to the proposed location of the donation box.

4. Donation boxes shall be placed on a paved surface, separate and independent of all required parking spaces, aisles, and loading dock and service areas.

5. Donation boxes shall not be located within any required landscaping or designated open space or passive or civic spaces.

6. Donation boxes shall be located in a maimer to facilitate pickup of donated items by the operator or collection agency.

7. Each donation box shall bear the name and a contact telephone number of the operator of the donation box who benefits from the collected materials on a sign. Said sign shall not exceed two square feet in area, and only one sign shall be permitted on each side of the donation box.

8. Donation boxes shall be located a minimum distance of 25 feet away from the intersection of two or more fire lanes and/or drive aisles, with the distance measured from the intersecting center lines of the fire lanes and/or drive aisles.

9. No donation bin, container or drop box shall exceed a capacity of 175 cubic feet and 72 inches in height, as measured from finished grade to the height point of the roof.

10. No donation box shall be placed upon any parcel of land without the prior written approval of the property owner, property owner's designated agent, property manager, or property's lawful occupant. Upon request, the owner of the donation box shall produce, within two business days, a copy of such approval to the Director of Regulatory Compliance or his or her designee.

11. Except where otherwise required, donation boxes shall be painted or stained with a neutral or earthtone color scheme. High-intensity colors, metallic colors, black, fluorescent, or neon colors shall be prohibited.

12. Donation boxes shall be free of debris, graffiti, litter, refuse, rust, et cetera at all times.

13. Donation boxes shall be safely designed in a manner that prevents such structures from tipping over or permitting people to enter.

(41) Package store.

(a) All package stores shall be licensed by the Texas Alcoholic Beverage Commission.

(b) All package stores shall require the adoption of a PD, Planned Development.

(c) The minimum floor area for a package store shall be 25,000 square feet. Any request to deviate from the minimum floor area shall be subject to approval of the City Council as set forth in this division.

(d) In order to control the proliferation of grouped similar land uses and to prevent proximity to protected land uses, distance to existing surrounding land uses can be used to determine the appropriateness of a PD, Planned Development application for a “package store”. Protected land uses shall be similar to those uses protected and outlined by the Texas Alcoholic Beverage Commission and division (B)(21) of this section.

(e) No sale of beer, liquor, wine and/or other alcoholic spirits at a package store shall be permitted through a drive-through facility; a pick-up window; or a walk-up window. All sales of beer, liquor, wine and/or other alcoholic spirits shall occur within the interior of the package store.

(f) A package store shall have separate entrances for deliveries and customers. The entrance for deliveries shall be restricted to locations to the rear or the side of the establishment.

(g) The PD, Planned Development approved under this provision for a package store shall automatically expire upon: (i) the closure of the package store; or (ii) a change the ownership of the package store.

(Ord. 671, passed 4-15-86; Am. Ord. OR-2193-20, passed 10-26-20; Am. Ord. OR-2208-21, passed 5-24-21; Am. Ord. OR-2217-21, passed 9-13-21; Am. Ord. OR-2256-22, passed 5-9-22; Am. Ord. OR-2288-23, passed 1-23-23; Am. Ord. OR-2323-23, passed 10-9-23; Am. Ord. OR-2324-23, passed 10-9-23; Am. Ord. OR-2346-24, passed 2-12-24; Am. Ord. OR-2358-24, passed 4-22-24; Am. Ord. OR-2387-24, passed 10-14-24; Am. Ord. OR-2396-24, passed 12-9-24)

§ 155.100 INDUSTRALIZED HOUSING AND BUILDING REGULATIONS.

(A) General provisions. In compliance to Article 5221f-1, Vernon's Texas Civil Statutes, all local requirements and regulations relating to land use, zoning, building setback, site planning and development, subdivision control, landscaping and architectural requirements, erection and installation shall be uniformly applied to industrialized housing and building without distinctions as to whether the housing or buildings are manufactured or are constructed on-site.

(B) Construction and installation requirements. For each installation and related on-site construction of industrialized housing or building within its corporate limits, the City of Mansfield specifically requires:

(1) That a compete set of design plans and specifications bearing the stamp of the Texas Industrialized Building Code Council be submitted to the city for review for compliance with the mandatory state codes.

(2) That all applicable local permits and licenses and fees be obtained before any construction begins on a building site.

(3) That all modules or modular components within an industrialized housing or building bear an approved decal or insignia under rules of the Texas Department of Labor and Standards reflecting that they have been inspected at the manufacturing plant or facility.

(4) That the industrialized housing or building be placed on an approved permanent foundation.

(5) That the Building Official be notified for inspection of all foundation and other on-site construction, and installation of modules or modular components on the permanent foundation to assure compliance with approved designs, plans and specifications.

(Ord. 671, passed 4-15-86)

§ 155.101 WIRELESS TELECOMMUNICATION FACILITY REGULATIONS.

(A) Purpose. Wireless telecommunications facilities used in transmitting and receiving signal energy are essential and promote the health, safety, and general welfare of the citizens of the city. The purpose of this section is to govern the placement of these facilities to:

(1) Assure that their location and use do not compromise the aesthetic quality of the community;

(2) Encourage operators of antenna facilities and antennas to locate them in areas where the adverse impact on the community is minimal;

(3) Encourage co-location on both new and existing antenna facilities;

(4) Encourage operators of antenna facilities and antennas to configure them in a way that minimizes the adverse visual impact through careful design, landscape screening, and innovative stealth techniques;

(5) Enhance the ability of antenna facilities and antennas to provide services to the community effectively and efficiently; and

(6) Promote the aesthetic quality of the city as a significant aspect of the health, safety, and general welfare of the community.

(B) Definitions. In this section the following definitions apply:

(1) Amateur radio antenna. A radio communication antenna used by a person holding an amateur station license from the Federal Communications Commission.

(2) Antenna. A device used in communications, which transmits or receives radio signals.

(3) Antenna, building attached. Antenna attached to an existing structure in two general forms: (1) roof-mounted, in which antennas are placed on the roofs of buildings; or (2) building-mounted, in which antennas are placed on the sides of buildings. These antennas can also be mounted on structures such as water tanks, billboards, church steeples, electrical transmission towers, etc.

(4) Antenna facility. Any structure, monopole, tower, or lattice tower used to support antennas.

(5) Co-location. The act of locating wireless communications equipment for more than one use on a single antenna facility.

(6) Equipment storage building. An unmanned, single story equipment building used to house radio transmitters and related equipment.

(7) Monopole. A self-supporting antenna facility composed of a single spire used to support communications equipment or other visible items.

(8) Satellite receive-only antenna. An antenna that enables the receipt of television signals transmitted directly from satellites to be viewed on a television monitor. Such antennas are commonly known as a satellite dish, television receive-only antenna, dish antenna, parabolic antenna, or satellite earth station antenna.

(9) Stealth facility. An antenna facility that is virtually transparent or invisible to the surrounding neighborhood. Stealth facilities may include totally enclosed antennas, wireless facilities that replicate or duplicate the construction of common structures such as flagpoles, and camouflaged wireless facilities that are constructed to blend into the surrounding environment.

(10) Tower, lattice. A self-supporting tower having three or four support legs with cross-bracing and the capacity to hold a number and a variety of antennas.

(11) TV antenna. An antenna that enables the receipt of television signals transmitted from broadcast stations.

(C) General regulations. The following regulations apply to all antenna facilities and antennas located within any district:

(1) Equipment and storage building. An equipment storage building associated with an antenna facility or an antenna shall be screened and landscaped as described in other sections of this chapter, or be incorporated into the stealth treatment so that it is consistent and complementary with the existing structures and uses on the premises.

(2) Driveway surfaces. All driveways accessing any antenna facility site or equipment storage site shall be constructed of concrete.

(3) Lights. No outdoor lighting shall be allowed on antennas located on residentially zoned property except lights or lighting that is by required by the Federal Aviation Administration or the Federal Communications Commission.

(4) Limitations. Antenna facilities are limited to stealth facilities and monopoles except where other facilities are allowed by this section.

(5) Antenna facility capacity. An antenna facility shall not have more than the number and size of antennas attached to it than are allowed by the antenna facility manufacturer's designs and specifications for maximum wind load requirements.

(6) Monopoles. No guy wires are permitted with the use of monopoles.

(7) Prohibited in easements. Antenna facilities constructed solely for the purpose of supporting antennas shall not be placed in an easement.

(8) Construction standards. A building permit must be obtained prior to the construction or installation of a tower, antenna, or mast. An antenna facility must be installed according to the manufacturer's recommendations or under the seal of a registered professional engineer of the State of Texas.

(9) Use and repair. Antenna facilities and antennas not in use shall be removed within 30 days following notice given by the Building Official. Antenna facilities or antennas in need of repair as determined by the Building Official, shall be removed or brought into compliance within 30 days following notice given by the Building Official. This notice requirement shall not preclude immediate action by the Building Official if public safety requires it.

(10) Contained on property. No part of an antenna facility, antennas, or other attachment may extend beyond the property lines of the lot on which the antenna or antenna facility is located.

(11) Special exception requirement. A special exception is required from the Zoning Board of Adjustment for an antenna or antenna facility which will not comply with any requirement of this section. See division (J).

(D) Amateur radio and TV antennas. Amateur radio and TV antennas are permitted as accessory uses in the A, SF-5AC/24, SF-12/22, SF-9.6/20, SF-8.4/18, SF-8.4/16, SF-7.5/18, SF-7.5/16, SF-7.5/12, SF-6/12, 2F, MF-1, MF-2 or MH or PR zoning districts. Amateur radio and TV antennas must comply with the following regulations:

(1) Antenna facility type. The antenna facility may be either building attached, a monopole, tower, or a lattice tower.

(2) Number of facilities per lot. Only one antenna facility exceeding 35 feet in height is permitted on each lot.

(3) Height limitations. An antenna facility, exclusive of the height of any antenna or mast, shall not exceed 35 feet in height; except, that an antenna facility shall be permitted additional height at the ratio of one added foot in height for each additional foot of setback beyond the minimum setback required of an accessory building in the zoning district regulations to a maximum height of 65 feet in a residential district. A special exception is required for additional height.

(4) Height limit for building mounted antenna. An antenna shall not extend more than eight-feet above a building on which it is mounted.

(5) Setbacks. The following minimum setbacks apply:

(a) Antennas and antenna facilities shall not be permitted in front or side yards. Guy wires are not permitted in front yards;

(b) Guy wires are permitted in required side and rear yards; and

(6) Separation. There shall be no minimum or maximum separation requirements for antenna facilities from other structures on the same lot of record.

(7) Lights. No outdoor lighting above 20 feet shall be allowed on antenna facilities located on residentially zoned property, and no lights so located shall be directed off one's property, except lights or lighting that is required by the Federal Aviation Administration or the Federal Communications Commission.

(E) Satellite receive-only antennas generally. A satellite receive only antenna is permitted as an accessory use under the following conditions:

(1) The satellite receive-only antenna is not greater than one meter in diameter: all zoning districts.

(2) The satellite receive-only antenna is one meter or greater in diameter, but not greater than two meters in diameter: all nonresidential zoning districts.

(F) Satellite receive-only antennas greater than one meter in diameter in residential districts and greater than two meters in diameter in non-residential districts are permitted as accessory uses if they comply with the following regulations:

(1) Number of antennas per lot. Only one satellite receive-only antenna per lot of record.

(2) Height: not exceeding ten feet in height.

(3) Set backs:

(a) Front and side yards. Not permitted.

(b) Rear yard. Minimum setback as required for accessory buildings in residential districts and as for all buildings in nonresidential districts.

(4) Separation. No minimum or maximum separation requirements for satellite receive-only antennas from other structures on the same lot of record.

(5) Screening. Satellite receive-only antennas that are mounted on the ground shall be screened from view from adjoining properties by solid fencing or evergreen plants to a height of a least six feet. A satellite receive-only antenna located within a fence surrounding the yard in which the satellite receive-only antenna is located shall be considered to be screened.

(G) Placement of antenna facilities (other than amateur radio, TV, and satellite receive-only antennas) within land use thresholds. For the purpose of determining the appropriate locations for the placement of antenna facilities other than amateur radio, TV, and satellite receive-only antennas, the city is divided into land use threshold areas that require different regulations pertaining to height, location, and type of antenna facility. These land use thresholds are defined as follows:

(1) Interior Industrial "II". Property within the I-1 and I-2 zoning districts that is located more than 1,000 feet away from any other zoning district.

(2) Exterior Industrial "EI". Property within the I-1 and I-2 zoning districts, that is located within 1,000 feet of any other zoning district.

(3) Full Commercial "FC". Property within the OP, C-1, C-2, or C-3 zoning districts, which is located more than 600 feet from an A, SF-5AC/24, SF-12/22, SF-9.6/20, SF-8.4/18, SF-8.4/16, SF-7.5/18, SF-7.5/16, SF-7.5/12, SF-6/12, 2F, MF-1, MF-2, MH or PR zoning district.

(4) Undeveloped Residential "UR". Property within the A, SF-5AC/24, SF-12/22, SF-9.6/20, SF-8.4/18, SF-8.4/16, SF-7.5/18, SF-7.5/16, SF-7.5/12, SF-6/12, 2F, MF-1, MF-2, MH or PR zoning districts, that:

(a) Is not a part of a recorded subdivision; or

(b) Is a part of a recorded subdivision but has not had a building permit issued for a residential structure; and

(5) Edge Commercial "EC". Property within the OP, C-1, C-2, or C-3 zoning districts, which is located within 600 feet of an A, SF-5AC/24, SF-12/22, SF-9.6/20, SF-8.4/18, SF-8.4/16, SF-7.5/18, SF-7.5/16, SF-7.5/12, SF-6/12, 2F, MF-1, MF-2, MH or PR zoning district.

(6) Wireless corridors "WC". Property within, and 75 feet either side of, the right-of-way of a freeway or a major or minor arterial roadway, as indicated on the city's thoroughfare plan.

(7) Developed residential "DR". Property within the A, SF-5AC/24, SF-12/22, SF-9.6/20, SF-8.4/18, SF-8.4/16, SF-7.5/18, SF-7.5/16, SF-7.5/12, SF-6/12, 2F, MF-1, MF-2, MH or PR zoning districts, which:

(a) Is a recorded subdivision that has had at least one building permit for a residential structure; or

(b) Is within the exterior surfaces of an existing primary residential structure; or

(8) Scenic /Limited "SL". Property that has been defined as a scenic/limited area, the boundary of which has been delineated on the zoning map.

(H) Antenna facility impact levels. For the purpose of determining appropriate locations for antenna facilities, the city recognizes differing levels of impact for antenna facilities depending upon physical location, aesthetics, and land uses compatibility. These antenna facility impact levels are defined as follows:

(1) 90 foot monopole. A monopole no greater than 90 feet in height. The antenna equipment may not extend more than five feet above the highest point on the monopole.

(2) 60 foot monopole. A monopole no greater than 60 feet in height. The antenna equipment may not extend more than five feet above the highest point on the monopole.

(3) 35 foot monopole. A monopole no greater than 35 feet in height. The antenna equipment may not extend more than five feet above the highest point on the monopole.

(4) Level 4 stealth facility. The antenna on a Level 4 stealth facility is located on an existing structure (other than an antenna facility) including, but not limited to, a building, water tower, utility tower, steeple, or light pole. The antenna is not screened nor hidden. For the purpose of this level, a pole or tower may be recons tructed to structurally hold the antenna but shall not be any higher than the original structure that it is replacing.

(5) Level 3 stealth facility. The antenna on a Level 3 stealth facility is located on an existing structure (other than an antenna facility) including, but not limited to, a building, water tower, utility tower, steeple, or light pole. The antenna may be aesthetically painted, constructed, or applied with material so that it is incorporated into the pattern, style, and material of the structure to effectively render the antenna unnoticeable. A new structure may be constructed to hold or house the antenna or equipment; however, the structure must be consistent with the overall architectural features of the primary buildings.

(6) Level 2 stealth facility. The antenna on a Level 2 stealth facility is attached to the structure in such a manner that if it is seen it appears unrecognizable as an antenna, and the structure in which or on which the antenna is attached is an integral part of an overall development.

(7) Level 1 stealth facility. The antenna on a Level 1 stealth facility is attached to the structure in such a manner that the antenna is completely unseen and the structure in which or on which the antenna is attached is an integral part of an overall development.

(I) Antenna facility siting matrix. Antenna facilities shall be located in accordance with the following siting matrix. This matrix provides for areas where antenna facilities may be located as permitted uses, areas where they may be located with a special exception, and areas where they are prohibited.

(1) Additional height. Permitted monopoles shown as 90 ft., 60 ft., and 35 ft. in the Antenna Facility Siting Matrix may be increased in height up to 20 feet, if the antenna facility is constructed to accommodate co-location. Co-location must include area requirements for ground storage buildings, driveways, screening, and any other accommodation that is required for the successful operation of a multiple-user antenna facility site. The extension of height may only occur twice to a maximum 40 additi onal feet.

(J) Special exception. When a special exception is required by this section for the location of an antenna facility or an antenna, the property owner must submit an application to the Zoning Board of Adjustment.

(1) Application. To properly evaluate an application to locate an antenna facility or an antenna that requires a special exception, the following information must be provided by the applicant:

(a) Describe the nature of the antenna site. Indicate whether the proposed structure is a monopole or mounted to a self-supporting structure. Indicate the proposed height.

(b) Provide photos or drawings of all equipment, structures, and antennas.

(d) State the name(s) of the telecommunications providers or other users of the antenna or tower and describe the use to be made by each user.

(e) Indicate if this antenna or tower site is to be connected to other sites; and if so, describe how it will be connected and who will be the back haul provider.

(f) The applicant must address whether it has made an effort to co-locate the facilities proposed for this antenna facility on existing antenna facilities in the same general area. Identify the location of these existing sites, and describe in detail these efforts and explain in detail why these existing sites were not feasible. Attach all studies or tests performed which demonstrate why the existing sites will not provide sufficient signal coverage. Provide written documentation from existing sites' owners and/or operators which confirm the statements provided. Indicated whether the existing sites allow/ promote co-location and, if not, describe why not.

(g) Indicate whether co-location will be allowed to other telecommunications providers at the requested site. If they are not allowed, state every reason and the basis of each reason.

(h) If the requested location is in a residential district the applicant must address whether it has made an effort to locate the facility in a nonresidential district. Identify the location of these nonresidential district sites, describe in detail these efforts, and explain in detail why these nonresidential sites were not feasible. Attach all studies or tests performed which demonstrate why the nonresidential sites will not provide sufficient signal coverage. Provide written documentation from nonresidential district sites' owners or operators which confirm the statements provided.

(i) Indicate the proposed provider's current coverage area for the city. Attach maps showing the areas the proposed provider's existing antenna currently covers, the areas the applicant's existing sites and the requested site would cover.

(j) Describe the applicant's master antenna facilities plan for the city. Attach maps and other related documentation. Provide information indicating each phase of the plan.

(k) Describe the applicant's plan to minimize the number of antenna facilities needed to cover the city.

(2) Consideration of application. In considering whether to grant a special exception, the Zoning Board of Adjustment shall consider the following:

(a) The effect on the value of the surrounding property;

(b) The potential for interference with the enjoyment or the use of surrounding properties;

(d) The proposed height of the antenna facility;

(e) The zoning district and the adjoining zoning districts of the property for which the special exception is sought; and

(f) The unique conditions that govern reasonable reception on any given lot.

(3) The Zoning Board of Adjustment will approve a requested application subject to the finding that co-location of this facility with a nearby existing antenna facility is technically not feasible and subject to the following conditions:

(a) Applicant will permit co-location of others at the site;

(b) Applicant will construct and configure its antenna facility and other equipment to accommodate other providers;

(d) Applicant will give notice to the city identifying any provider who co-locates to the site and identify its backhaul provider.

(K) Written report upon denial of request. The Board of Adjustment shall document in writing any denial of a request to place, construct, or modify an antenna facility. This documentation shall be supported by substantial evidence within the written record.

(Ord. 671, passed 4-15-86; Am. Ord. OR-2223-21, passed 10-11-21)

§ 155.102 GAS WELL DRILLING AND PRODUCTION.

(A) Definitions. For the purposes of this section, the definitions set forth in § 114.02 shall apply unless the context clearly indicates or requires a different meaning. All technical industry words or phrases related to the drilling and production of gas wells not specifically defined shall have the meanings customarily attributable thereto by prudent operators in the gas industry.

(B) Specific use permit required. The drilling and production of gas within the city shall only be permitted by specific use permit in accordance with § 155.080. A site plan is required with the specific use permit application and must include all information required by § 155.080(D) and the following additional information:

(1) The total number of wells to be drilled.

(2) The location of the drill site and a layout of the site showing all related facilities, including, but not limited to, drilling rig, pipe rack, water and sanitary sewer facilities, electrical supply, camper/office trailers, reserve pit, and fracturing pits.

(3) The location of the operation site and a layout of the site showing all related facilities, including but not limited to wellheads, separators, dehydrators, tank batteries, compressors, and metering stations.

(4) Size, location and purpose of any shared facilities, including, but not limited to, centralized tank batteries or fracturing pits for multiple wells or drill sites.

(5) The design, location, and arrangement of all access roads.

(6) A map of the public streets to be used by truck traffic to the drill site.

(7) The location of any floodplain, drainage or flowage easement.

(8) A tree survey if required by the Landscape Administrator for compliance with the city's Natural Resources Management Ordinance.

(9) A pipeline routing map indicating the location and size of all existing and planned pipelines within both the territorial and extraterritorial limits of the city intended to serve the well or wells identified in the above-referenced site plan. If approved by the City Council, the submitted pipeline routing map shall be made a condition of the specific use oermit. Proposed revisions or modification to an approved pipeline routing map shall be processed in accordance with the provisions of § 155.080(J).

(10) A video, provided in DVD format only, documenting existing conditions of the city streets within one mile of the drill site or line compressor facility that will be used by truck traffic to the site, plus a DVD video or still photographs taken from the well(s) in four directions depicting the existing conditions of the property being used for the drill site or line compressor.

(11) Time limits.

(a) A specific use permit issued under this section shall expire as to each drill site, operation site or line compressor facility authorized by the specific use permit, and a new specific use permit shall be required approving each unused drill site, operation site or line compressor facility if two years have elapsed since the approval of the specific use permit and at the time of the proposed use an unused drill site, operation site or line compressor facility would no longer comply with the setback limitations set forth in division (E) of this section.

(b) The authorization for gas well drilling and production activities under a specific use permit issued under this section shall be valid for a period of five years from the date of issuance and shall expire for any surface activity, including, but not limited to, the drilling, fracturing and completion of wells or the installation of new equipment, that is not completed within said five year period, unless an extension of time is approved by the City Council in accordance with the following procedure:

1. An operator of an existing drill site or operation site seeking an extension of time shall submit an application for a new specific use permit in accordance with § 155.080, including a site plan and any other required documentation.

2. Before the City Council takes any action on the application, the Planning and Zoning Commission must submit its recommendation and report to the City Council, and public hearings before both the Planning and Zoning Commission and the City Council must be held and public notice must be given in accordance with § 155.115(C).

3. Written consent for a distance setback specified in division (E) of this section shall not be required for an existing drill site or operation site, provided that there are no changes, other than the extension of time, being proposed from the preceding specific use permit. If changes are proposed, that in the opinion of the City Manager or his or her designee, would change the character of the site and increase its impact on surrounding properties, the Manager or his representative shall advise the Mayor and Council that the staff is recommending that the renewal request comply with requirements of division (E) of this section. An applicant may appeal such decision to the City Council.

4. The City Council may grant additional extensions of time, not to exceed five years in duration per request. Additional extensions of time may be sought subject to the limitations set forth in this section, provided that the application is made not sooner than the four year anniversary and prior to the five year anniversary of the new specific use permit.

5. Notwithstanding the foregoing division 4., the operator of an existing drill site or operation site shall be entitled to make an application for an extension of time regardless of the expiration of the preceding specific use permit, provided that the application is made prior to April 28, 2016. Any application received after April 28, 2016, shall conform to division 4. above.

6. If the application for the new specific use permit is approved by the City Council, the operator shall conduct all gas well drilling and production activities in compliance with the regulations in Chapter 114 of this code and all other applicable city ordinances, and any amendments thereof.

(c) A specific use permit issued for the activities regulated by this section shall not be subject to expiration pursuant to § 155.080(H).

(d) An approved specific use permit shall expire for each drill site operation site or line compressor facility that is used and then abandoned. A drill site, operation site, or line compressor facility that is used will be deemed abandoned once the use thereafter ceases for at least 12 consecutive months. Intent to abandon shall be irrelevant.

(1) A specific use permit is required for the establishment and operation of a line compressor and its related facilities and equipment whether in conjunction with a gas well or as an independent operation, in accordance with § 155.080.

(2) A site plan is required with the specific use permit application and must include all applicable information required by § 155.080(C). The site plan must identify the location of the proposed line compressor and provide a layout of the site showing all related facilities and equipment. If the compressor is established separately from a drill site or operation site, a video documenting the existing conditions where the compressor is to be located shall also be required.

(D) Efficient use of surface. It is the intent of this section to encourage efficient surface land use by requiring compact and centrally located gas well development that minimizes the total amount of surface area needed for gas well facilities and avoids the creation of unusable strips and parcels. In order to implement this requirement, each operator shall, to the extent permitted by Railroad Commission spacing rules, strive to locate new drill sites in close proximity to pre-established drill and/or operation sites, if located within 600 feet of the proposed new site. This requirement shall apply regardless of whether the pre-established drill and/or operation sites are owned or managed by a different operator.

(E) Required setback.

(1) No drill site or line compressor facility shall be permitted within 600 feet of the boundary of any preliminary or final platted residential subdivision, except under one of the following conditions:

(a) A drill site or line compressor facility shall be permitted as close as 300 feet to any boundary line of a platted subdivision if all affected property owners within 600 feet of the drill site or line compressor facility consent in writing; or

(b) Notwithstanding the foregoing, a drill site or line compressor facility may be located on a lot within the boundaries of a preliminary or final platted residential subdivision with the written consent of the property owner, provided the drill site or line compressor facility is located at least 300 feet from the boundary of any final platted residential lot within the subdivision and the required distances set forth in divisions (2) and (3) below are adhered to in accordance with their terms.

(c) For the purpose of division (a) above, "affected property owner" shall mean the owner of property that is both within 600 feet of the proposed drill site or line compressor facility and located within the boundary of a preliminary or final platted residential subdivision.

(2) No drill site or line compressor facility shall be permitted within 600 feet of the boundary line of a property with a residential structure (if located on an unplatted tract), public building, institution, public or private school, day care center, or commercial building, except under one of the following conditions:

(a) A drill site or line compressor facility shall be permitted as close as 300 feet to any boundary line of a property described in division (2) above if all affected property owners within 600 feet of the drill site or line compressor facility consent in writing; or

(b) Notwithstanding the foregoing, a drill site or line compressor facility may be located on a property containing a residential structure (if located on an unplatted tract), public building, institution, public or private school, day care center, or commercial building with the written consent of the property owner and the required distances set forth in divisions (E)(1) and (3) are adhered to in accordance with their terms.

(c) For the purpose of division (a) above, "affected property owner" shall mean the owner of property that is both within 600 feet of the proposed drill site or line compressor facility and contains a building or structure described in division (2) above.

(3) No drill site or line compressor facility shall be permitted within 1,000 feet from any hospital, nursing home, or the city's Law Enforcement Center. For the purposes of this section, "nursing home" means a place for the care of individuals who, because of injury, incapacity, age or infirmity are generally non-ambulatory and require twenty-four hour supervised personal and/or medical care.

(4) No well or line compressor may be located within 100 feet of a railroad right-of-way.

(5) In addition to obtaining written permission from property owners in accordance with divisions (E)(1)(a) or (E)(2)(a) above, a gas well operator shall give written notice, in a form acceptable to the city, to the tenants or lessees of any residential protected use or the owner of a residential structure such as a manufactured home on a rental property within 600 feet of the proposed drill site for which the operator is making an application for a specific use permit. Such notice shall be sent by certified mail, return receipt requested, and by first class U.S. mail. The operator shall provide copies of the return receipts and an affidavit certifying that notice has been sent to the above-referenced tenants or lessees.