Midlothian City Zoning Code

the visibility of the shipping container(s) from public streets and adjoining property; and

the desired use and compatibility with the property and surrounding area.

A Specific Use Permit may be obtained to exceed any of the maximum size regulations of this Section 3.5100.

This Section 3.5100 applies solely to accessory buildings constructed or located on a lot or parcel located in a residential zoning district or in a Planned Development that provides the lot or parcel may be used and developed for residential purposes.

For purposes of this Section 3.5100, the phrase “accessory building” shall include accessory structure.

This Section 3.5100 does not apply to:

residential playground equipment the base of which is at ground level and is located no closer to the front property line than ten (10) feet behind the front wall of the principal dwelling unit on the property unless screened by a privacy fence from the public street adjacent to the front property line; or

Heating, air conditioning, and swimming pool equipment used in the operation of the principal dwelling unit located on the same property, which equipment may be located within the building setbacks of the parcel, provided such equipment is not located:

within any drainage or utility easement; or

closer to the front property line than five (5) feet behind the front wall of the principal dwelling unit on the property unless screened from the public street adjacent to the front property line; or

in a manner that unreasonably prevents access of fire department personnel to the rear of any building.

DISTRICT REGULATIONS TABLE

An accessory building authorized to be located on a lot pursuant to Section 3.5100 shall be subject to the following:

	Area of Property
	Less than one (1) acre	Equal to one (1) acre or greater by less than two (2) acres	Two (2) acres or greater
Maximum Floor Area	50% of the first floor area of the principal dwelling or 4% of the lot area, whichever is less.	75% of the first floor area of the principal dwelling or 4% of the lot area whichever is less.	No more than 4% of the lot area.
Maximum Height	Shall not exceed the height of the principal dwelling measured from the ground to the roof peak.	Shall not exceed the height of the principal dwelling measured from the ground to the roof peak.	Not greater than 45 (forty-five) feet in height measured from the ground to the roof peak.
Building Materials (Does not include pergolas*)	Building materials shall be consistent with the principal dwelling unless screened on all sides, by a privacy fence or the principal building, and the roof plate is no higher than the shorter of two feet and six inches (2'6") over the fence height or ten feet and six inches (10'6").	Not required to be consistent with the principal dwelling.	Not required to be consistent with the principal dwelling
Maximum Number of Buildings Allowed (does not include structures such as pools, pergolas, and similar structures)	1 (One)	2 (Two)	Multiple Accessory Buildings, subject to maximum lot coverage allowed in accordance with the zoning district in which the lot is located.

Pergola - a freestanding open air structure built as an outdoor sitting area consisting of parallel colonnades supporting a closed or open roof (of girders and cross rafters). A closed roof shall match the primary structure’s roof material. Pergolas shall be constructed of cedar or redwood materials.

(Ordinance 2013-24, sec. 3.5100, adopted 7/9/13; Ordinance 2017-13 adopted 3/28/17; Ordinance 2018-26 adopted 5/8/18; Ordinance 2019-29 adopted 6/11/19; Ordinance 2021-42 adopted 6/22/21; Ordinance 2022-21 adopted 5/10/22)

§ 3.5201 GENERAL FENCE STANDARDS.

Unless specified elsewhere in the Zoning Ordinance, the provisions of an ordinance governing a Planned Development District, or an ordinance granting a Specific Use Permit, all fences and screening devices constructed or installed on property used or zoned for residential purposes, whether required or optional, shall be installed plumb and in a professional manner and in accordance with the following minimum standards:

Approved fence materials shall be those that are typically manufactured for and used in the fencing industry and shall include:

wooden planks with vertical posts consisting of galvanized steel;

masonry or reinforced concrete;

wrought iron, architectural steel, ornamental iron, tubular steel or other decorative-type metals which are suitable for this type of use;

polyvinyl chloride (PVC) or vinyl composite which is designed and manufactured specifically as fencing materials;

chainlink; or

Pipe-rail or split-rail fencing on properties not within a Planned Development (PD) district, and shown to be consistent with the surrounding properties, may be permitted on a case-by-case basis.

All fencing materials must be designated for outdoor use and designed or treated to withstand the elements and provide resistance to decay.

All fence materials shall be securely fastened using standard fasteners of the type, size and material intended for the particular use in the fencing industry. All nails and fasteners shall be of a nonrusting, noncorrosive metal and shall be of the type that when properly driven, will not work free due to wind vibration or shrinkage of the materials.

Fences constructed in residential zoning districts are allowed in back and side yards with a fence height not to exceed eight (8) feet.

(Ordinance 2013-24, secs. 3.5200–3.5201, adopted 7/9/13; Ordinance 2018-43 adopted 7/10/18)

§ 3.5202 RESIDENTIAL TO RESIDENTIAL ADJACENCY FENCE STANDARDS.

The following standards shall apply to fences installed on property used for or zoned for development as a single-family residential property along a side or rear lot line or property line that is adjacent to property as used for or zoned for development as a single-family residential property:

A fence or screening device is not required to be installed. If a fence is installed, it shall be as specified in Table 3.5206.

Fences, walls, and dense landscaping hedges are permitted to be used as a screening device within the same residential district provided the landscape hedge is not less than six (6) feet tall and complies with the Residential Landscape Regulations set forth by Sections 3.5400 et. seq. of the Zoning Ordinance.

All installed fences shall comply with any applicable additional standards set forth in Section 4.5200.

Any fence abutting a designated open space or common area shall be constructed with nonopaque materials such as wrought iron, tubular steel, split rail, etc. In no case shall wood stockade-type fencing be allowed as a screening device adjacent to a designated open space or common area.

(Ordinance 2013-24, sec. 3.5202, adopted 7/9/13; Ordinance 2018-43 adopted 7/10/18)

§ 3.5203 RESIDENTIAL ADJACENCY TO MINOR THOROUGHFARE OR LOCAL STREET STANDARDS.

A fence or screening device subject to the standards described in Table 3.5206 is required to be installed on property used for or zoned for development as residential property along a side or rear lot line or property line abutting a minor thoroughfare or local street.

All installed fences and screening devices shall comply with any applicable additional standards set forth in Section 4.5200.

For purpose of this Section 3.5203, a “minor thoroughfare or local street” means a roadway designated to have an ultimate right-of-way width of less than 80 feet as designated by the City’s adopted Thoroughfare Plan Map or an approved plat map.

(Ordinance 2013-24, sec. 3.5203, adopted 7/9/13; Ordinance 2018-43 adopted 7/10/18)

§ 3.5204 RESIDENTIAL ADJACENCY TO MAJOR THOROUGHFARE STANDARDS AND MULTIFAMILY RESIDENTIAL ADJACENCY TO SINGLE-FAMILY RESIDENTIAL AND NONRESIDENTIAL USE.

A fence or screening device fabricated of masonry and/or tubular steel and subject to the standards described in Table 3.5206 is required to be installed on property used for or zoned for development as residential property along a side or rear lot line or property line abutting a major thoroughfare or arterial highway.

Fence or screening devices abutting a major thoroughfare shall comply with the following:

All installed fences and screening devices shall comply with any applicable additional standards set forth in Section 4.5200.

Wood fencing is prohibited.

Masonry columns shall be placed at intervals of no greater than 32 feet on-center; shall be at least eight (8) inches taller than the remainder of the screening wall; and shall extend at least three (3) inches from the vertical plane of the wall. The capstone of the column shall not exceed nine (9) feet in height.

When the terminus of a cul-de-sac is located within 80 feet of a major thoroughfare or arterial highway, an opening of 150 feet must be provided along the fence subject to the following:

The measurement shall be taken from the middle bottom portion of the cul-de-sac closest to the major thoroughfare or arterial highway and measured 75 feet in both directions, for a total of 150 feet;

The opening interval shall be constructed of either tubular steel or wrought iron with pedestrian access through the fence authorized but not required; and

Such a fence segment must comply with Section 4.5200.

For purposes of this Section 3.5204, the phrases “major thoroughfare” and “arterial highway” mean a roadway designated to have an ultimate right-of-way width of 80 feet or more as designated by the City’s adopted Thoroughfare Plan Map or an approved plat map.

(Ordinance 2013-24, sec. 3.5204, adopted 7/9/13; Ordinance 2018-43 adopted 7/10/18)

§ 3.5205 RESIDENTIAL ADJACENCY TO INSTITUTIONAL USE STANDARDS.

A fence or screening device is not required to be installed on property developed or zoned for institutional use abutting property that is developed or zoned for residential use.

For purposes of this Section 3.5205, an “institutional use” shall mean the following uses:

Property used solely for a church, synagogue, mosque, temple, or other place of worship;

Public/private schools/day care centers;

Parks/Open Space/Trails; and

Any other use described or defined as a community facility.

Fences, walls, and dense landscaping hedges are permitted to be used as a screening device within the same residential district.

Any required vegetative screen must:

be not less than six (6) feet high;

comply with the Residential Landscape Regulations set forth by Sections 3.5400 et. seq. of the Zoning Ordinance;

comply with applicable regulations set forth in Section 4.5200;

be maintained by HOA, if applicable, or property owner, and

have 75% opacity.

The owner of the property on which the institutional use is located shall maintain all fences and screening devices located on the property in a healthy, growing condition.

All installed fences and screening devices shall comply with any applicable additional standards set forth in Section 4.5200.

Screening of playgrounds or private or public parks for institutional uses which do not contain a structure or paving within 30 feet of a common residential property line is not required by this Section 3.5205.

(Ordinance 2013-24, sec. 3.5205, adopted 7/9/13; Ordinance 2018-43 adopted 7/10/18)

§ 3.5206 ADJACENCY TABLE.

Table 3.5206 below summarizes the standards for fences constructed between the adjacent uses described in Sections 3.5202 through 3.5205, above. To the extent of any conflict between Table 3.5206 and the provisions of Sections 3.5202 through 3.5205, the provisions of Section 3.5202 through 3.5205 shall control. Compliance with all provisions of Sections 3.5202 and 3.5205 is required notwithstanding the omission of such requirement from Table 3.5206.

Table 3.5206
Zoning of Subject Property	Zoning or Use of Adjacent Property	Fence Required?	Primary fence material, if installed
Single-family residential	Single-family residential	No	6-foot wooden/PVC/Chainlink fence with steel posts/tubular steel
Single-family residential	Institutional	No	6-foot architectural steel/ornamental iron fence with 6-foot vegetative screening wall
Single-family residential	Right-of-way < 80 feet	Yes	6-foot wooden fence or 6-foot architectural steel/ornamental iron with 6-foot vegetative screening wall
Single-family residential	Right-of-way ≥ 80 feet	Yes	6-foot masonry fence with decorative landscaping or 6-foot architectural steel/ornamental iron fence with 6-foot vegetative screening wall
Multifamily	Right-of-way, Single-Family Residential, Nonresidential, or Institutional	Yes	6-foot masonry fence with decorative landscaping or 6-foot architectural steel/ornamental iron fence with 6-foot vegetative screening wall
Single-family residential	Multifamily	Yes	6-foot masonry fence with decorative landscaping or 6-foot architectural steel/ornamental iron fence with 6-foot vegetative screening wall

(Ordinance 2018-43 adopted 7/10/18; Ordinance 2019-09, sec. 1(B), adopted 3/12/19)

§ 3.5221 WOOD FENCE MATERIAL STANDARDS.

All wooden fences shall be constructed in accordance with the following minimum standards:

Fence planks or pickets must be at least 5/8-inch-thick and shall be either spruce or any naturally rot resistant material (e.g. cedar, cypress, redwood). Pine pickets and planks (treated or untreated) are prohibited. An alternative wood material may be used if the product is determined by the Director of Planning and the Chief Building Official to be of superior quality and have a longer useful life than the other wood materials otherwise allowed by this paragraph.

Fences constructed adjacent to a public street, right-of-way, open space, trail or other designated public area shall have the exposed posts and rails oriented toward the inside of the property and away from public view.

The bottom of a wood fence shall be constructed with no ground to wooden plank contact; provided, however, the ground-to-fence separation shall not exceed four (4) inches.

A kick board made of material that is suitable for ground contact may be installed to cover the gap between the ground and the bottom of the fence planks; provided, however, such kick board shall be installed such that surface drainage is not impeded or blocked.

Vertical posts on wood fences shall be installed subject to the following:

All vertical posts shall be a minimum 2-3/8 inch outside diameter by .095 (Schedule 20) galvanized steel and shall be capped using a galvanized cap designed for this type of application. Fences that are required to be maintained by a property/homeowners association in accordance with a Planned Development district, shall use 0.130 (Schedule 40) galvanized steel posts.

For fences measuring between five (5) feet and seven (7) feet in height, vertical posts shall be spaced at a maximum distance of eight (8) feet on-center, embedded a minimum of 24 inches into a 30-inch-deep, six (6) inch diameter (minimum) concrete post footing. Fences that are required to be maintained by a property/homeowners association in accordance with a Planned Development district, shall have posts that are embedded a minimum of 36-inches into a minimum 42-inch-deep, six (6) inch diameter concrete post footing.

For fences measuring between seven (7) feet and eight (8) feet in height, vertical posts shall be spaced at a maximum distance of six (6) feet on-center, embedded a minimum of 32 inches into a 42-inch-deep, six (6) inch diameter (minimum) concrete post footing. Fences that are required to be maintained by a property/homeowners association in accordance with a Planned Development district, shall have posts that are embedded a minimum of 36-inches into a minimum 42-inch-deep, six (6) inch diameter concrete post footing.

Notwithstanding the provisions of this subsection e) to the contrary, the Chief Building Official may require more stringent requirements relating to the placement and size of vertical fence posts based upon soil conditions and boring test results.

Fence pickets shall be installed vertically and plumb to horizontal bracing stringers or rails (bottom and top nailer boards) running from vertical post to post using one and three fourths (1-3/4) inch minimum galvanized screw shank or ring shank nails.

One horizontal stringer will be required for every two (2) feet of fence height. The size of the stringers shall be no less than two (2) inches by three (3) inches and shall be secured to the steel posts using noncorrosive metal anchor straps and 1/4-inch minimum noncorrosive lag bolts. Fences that are six (6) feet in height shall have a minimum of three (3) horizontal stringers and fences greater than six (6) feet in height shall have four (4) horizontal stringers.

All materials shall be securely fastened (i.e., vertical pickets to horizontal stringers to vertical posts) to ensure a continual, attractive appearance and safe conditions, free from rot, rust, other sources of decay and vandalism.

(Ordinance 2013-24, sec. 3.5221, adopted 7/9/13; Ordinance 2018-43 adopted 7/10/18; Ordinance 2018-51 adopted 8/28/18)

§ 3.5222 MASONRY FENCE MATERIAL STANDARDS.

Masonry walls, fences and screening devices shall be constructed of:

brick;

stone;

decorative split-face block; or

a reinforced concrete wall provided such wall has a finished appearance similar to separately laid masonry materials.

Masonry columns shall be spaced a maximum of 32 feet apart on-center; the capstone of columns shall not exceed nine (9) feet in height; columns shall extend at least eight (8) inches above the remainder of the screening wall; and columns shall extend horizontally at least three (3) inches from the vertical plane of the wall.

Masonry walls and their foundations shall be engineered and have the certification or seal of a professional engineer licensed to practice in the State of Texas.

There shall be no separation between the masonry wall and the ground (i.e. concrete footing), and the wall shall include openings for drainage (i.e. weep holes).

(Ordinance 2013-24, sec. 3.5222, adopted 7/9/13; Ordinance 2018-43 adopted 7/10/18)

§ 3.5223 WROUGHT IRON FENCE MATERIAL STANDARDS.

Shrubs must be planted a distance of not greater than three (3) feet on center for the entire length of, and within two (2) feet parallel to, all wrought iron, architectural steel, ornamental iron, tubular steel or other decorative-type metals when allowed or required to be installed.

The Planning Director shall have the authority to allow an increase in the shrubbery spacing requirement set forth in subsection a), above, based on the recommended spacing requirements for the plant species to be used.

Unless masonry columns are used, all posts for a wrought iron, architectural steel, ornamental iron, tubular steel or other decorative-type metal fence shall be of the same or similar material type and color as the fence panels and shall be installed in accordance with the manufacturer’s recommendations and industry standards.

(Ordinance 2013-24, sec. 3.5223, adopted 7/9/13; Ordinance 2018-43 adopted 7/10/18)

§ 3.5224 PVC FENCE MATERIAL STANDARDS.

PVC or vinyl composite fences shall be subject to the following:

All fence panels shall be white, gray, tan or similar neutral or earth-tone color;

Unless masonry columns are used, all posts shall be the same material type and color as the fence panels in order to provide for a uniform appearance;

Installation shall be in accordance with the manufacturer’s recommendations and industry standards; and

The fence shall comply with all applicable provisions of Section 4.5200.

(Ordinance 2013-24, sec. 3.5224, adopted 7/9/13; Ordinance 2018-43 adopted 7/10/18)

§ 3.5225 CHAINLINK FENCE MATERIAL STANDARDS.

Chainlink fences may be installed if another type of fence is not otherwise required for screening purposes.

Notwithstanding subsection a), above, a chainlink fence or other type of wire material used as a fence is not permitted to be installed adjacent to any nonresidential use abutting a public thoroughfare that has a right-of-way width of greater than 80 feet, excluding parks, schools, churches and other places of worship, sports and play areas, and athletic and sports facilities that are part of a park, school or church or other place of worship.

If chainlink fence is permitted by right within a residentially zoned area, excluding detached single-family units, such fencing shall require a top and bottom rail.

All chainlink fences shall be constructed subject to the following:

Vertical posts shall comply with the following:

All vertical terminal posts (corner, gate and end) shall be a minimum 2-3/8 inch outside diameter by .065 gauge galvanized steel and shall be capped using an aluminum or galvanized post cap designed for this type of application.

All vertical line posts shall be a minimum 1-5/8 inch outside diameter x .065 gauge galvanized steel and shall be capped using an aluminum or galvanized post cap designed for this type of application.

All post lengths shall equal the fence height plus the bury depth of 24 inches minimum into a 30-inch-deep minimum, six (6) inch diameter (minimum) concrete post footing.

The top and bottom rail shall be a minimum 1-3/8 inch outside diameter x .055 gauge galvanized steel.

The chainlink fabric shall be a minimum 11-1/2 gauge, galvanized material with a minimum 12-gauge single strand tension wire along the bottom of the fabric. Tension wire to be pig-ringed to fabric on 16 to 18 inch centers maximum and set to within four (4) inches or less from the bottom of the fence. Fabric to be secured to top rail and line posts by minimum 11-gauge aluminum fence ties on 16 to 18 inch centers.

All materials shall be securely fastened using galvanized bands, bolts, tension bars, etc. to ensure a continual, attractive appearance and safe conditions.

(Ordinance 2013-24, sec. 3.5225, adopted 7/9/13; Ordinance 2018-43 adopted 7/10/18)

§ 3.5226 BARBED WIRE.

The use of barbed wire as a fence material is prohibited except in the following circumstances:

Barbed wire may be used on undeveloped parcels with an area of greater than three (3) acres; and

Barbed wire may be used as fencing necessary for containing livestock actually located and kept on property where agricultural uses are permitted.

(Ordinance 2018-43 adopted 7/10/18)

§ 3.5250 MAINTENANCE.

If a Homeowners’ Association (HOA) exists, the HOA shall be responsible for upkeep and maintenance of fencing or screening device and the parkways between said devices and the curb or street pavement that constitute common areas of the subdivision over which the HOA has jurisdiction.

If no HOA exists, then the individual owner of the property on which the fence is located shall be responsible for the maintenance or upkeep of fencing or screening device and the parkway between said devices and the curb or street pavement.

The City shall have the right to levy an assessment for the expense of needed repairs or maintenance should homeowners or the HOA fail to maintain said fencing or screening devices and the parkway between said devices and the curb or street pavement.

All portions of fences, required or optional, shall be maintained by the HOA (if one exists) or the owner of the property so that the fence or screening devices are structurally sound and in a state of good repair, with all materials and fasteners free from deterioration, termite infestation, rot, rust or loosening, and in a condition in which they do not pose a health or safety risk. Fences shall not be more than ten (10) degrees out of vertical alignment as measured from the base. All broken, damaged, removed or missing parts of a fence shall be replaced by the owner within ten (10) days of receiving notice from the Chief Building Official or their designee.

At all street intersections, a clear vision must be maintained across the lot for a distance of 25 feet back from the property corner along both streets.

The City Engineer, or his designee, must approve the location of the entrance sign to ensure said device will not obstruct visibility and that there are no traffic safety issues.

(Ordinance 2013-24, sec. 5250, adopted 7/9/13; Ordinance 2018-43 adopted 7/10/18)

§ 3.5251 OTHER REQUIREMENTS.

Residential fences shall also meet any other requirements found in Section 4.5200, if applicable.

Structures and fences in existence at the time of the adoption of this ordinance shall be exempt from the General Fence Design standards but shall conform to the maintenance requirements set forth in Section 4.5200. Any replacement, expansion or structural addition of any kind to these structures or fences shall conform to the provisions of this Section.

(Ordinance 2013-24, sec. 5251, adopted 7/9/13; Ordinance 2018-43 adopted 7/10/18)

§ 3.5300 HOME OCCUPATIONS.

Customary home occupations are those ordinarily carried on in a home which are not detrimental or injurious to adjoining property, provided that all such uses meet the following criteria:

Located in the dwelling and that no assistant, not a member of the family residing on the premises, is employed;

No sign advertising such home occupation is displayed;

This use shall not increase normal automobile vehicle traffic in the neighborhood; nor require additional off-street parking in order to conduct business;

This use shall not involve the installation or outside storage of any machinery; equipment or materials other than customary to normal household operations; and,

This use shall be deemed incidental and shall never be permitted as a principal use, but only as a secondary use, and shall never involve the conduct of a retail business;

Customary home occupations may include, but are not limited to the following uses:

The office of a notary public, accountant, bookkeeper, architect, lawyer, engineer, musician, or artist;

A place where 6 or fewer children under 16 years of age are received for care, custody or maintenance;

Dressmaking, millinery, washing or ironing;

Customary home occupations shall not include but not limited to the following uses:

Barber shops, beauty shops, hairdressers;

Carpenter shops, electrical shops, plumbing shops;

Radio and/or TV shops;

Real estate sales office;

Tin shops, auto repairing, furniture repairing, or similar uses.

Taxidermy shops, candle making or any other commercial activity utilizing corrosive, toxic, caustic, or flammable liquids.

(Ordinance 2013-24, sec. 3.5300, adopted 7/9/13)

§ 3.5400 RESIDENTIAL LANDSCAPING, STREETSCAPING, AND AMENITY STANDARDS.

Editor’s note–Ordinance 2015-09, adopted 3/10/15, amended Residential Landscaping, Streetscaping, and Amenity Standards in its entirety and designated such provisions as 3.5400. Prior to this amendment, such provisions consisted of section 3.5400, which derived from Ordinance 2013-24, adopted 7/9/13, as amended by Ordinance 2013-48, adopted 10/22/13. Ordinance 2015-09 contained two sections numbered as 3.5401. At the discretion of the editor, the sections have been renumbered consecutively as 3.5401, 3.5402 and 3.5403.

§ 3.5401 GENERAL REQUIREMENTS.

These standards shall apply to any single-family detached and duplex residential zoning classification. Any area within a planned development district or overlay district containing landscaping standards shall be regulated by the standards contained in those respective ordinances.

Permitted tree species shall be those identified in the City of Midlothian’s approved tree list (see Section 4.5404) and shall not be planted in utility easements or rights-of-way, nor shall be placed in an area such that the mature canopy of the tree will interfere with overhead utility lines. No trees shall be planted within 10 feet of a fire hydrant or within required visibility sight triangles at street intersections.

Native, drought-resistant tree and plant materials shall be permitted. Authorized plant materials and sizes shall be those identified in Section 4.5404 along with any other additional requirements as indicated in Section 4.5400.

All required landscaping shall be planted prior to any request for final building inspection and no Certificate of Occupancy shall be issued until such plant materials have been installed.

The Planning Director or the designated representative, may provide temporary relief from this provision in accordance with Section 4.5400.

All plant material shall be maintained in a healthy and growing condition and must be replaced with plant material of similar variety and size if damaged, destroyed, or removed, All landscape areas shall be kept free of trash, litter, weeds, dead plants and turf, and other similar deleterious materials.

An automatic irrigation system is required for all landscaping. The irrigation system shall be designed with zones to water plants based on best management practices for the sustainability of the landscaped area.

The irrigation system shall be designed with efficient water usage as an operational goal.

The installed irrigation equipment shall include appropriate shut-off devices, manual override and rain/freeze sensors.

In conjunction with new construction, all lawns and landscaping shall be irrigated by an underground automatic system.

This system shall adhere to the manufacturers’ specifications and the rules and regulations established by the Texas Commission on Environmental Quality (TCEQ) or successor agency, unless local regulations are more restrictive.

On large area lots, the area of irrigation may be limited to the front yard, side yard(s) and around the perimeter of the foundation or 12,000 square feet, whichever is more.

(Ordinance 2015-09 adopted 3/10/15)

§ 3.5402 LANDSCAPING REQUIREMENTS FOR SINGLE-FAMILY RESIDENTIAL USES (ATTACHED AND DETACHED).

The shrub and tree requirements listed in this Section shall constitute the minimum landscape requirements for both single-family attached and detached residential uses.

Front yard shrubs are required for each residential lot and shall be placed along the front, street-facing portion of the house near the foundation. Individual shrubs shall be a minimum of three (3) gallon in size, totaling a minimum of eighteen (18) such shrubs per residential lot.

For lots with an area less than 9,000 square feet, the following landscaping is required for each residential lot:

Two (2) shade trees in the front yard.

Two (2) overstory trees in the rear yard if the rear of the lot abuts or is adjacent to any City thoroughfare other than a local street.

For lots with an area between 9,000 and up to 14,000 square feet, the following landscaping is required for each residential lot:

Three (3) shade trees in the front yard.

Three (3) overstory trees in the rear yard if the rear of the lot abuts or is adjacent to any City thoroughfare other than a local street.

One (1) ornamental tree to be placed at the preference of the owner, builder or developer within the residential lot.

For lots with an area greater than 14,000 and up to 20,000 square feet, the following landscaping is required for each residential lot:

Three (3) shade trees in the front yard.

Three (3) overstory trees in the rear yard if the rear yard of the lot abuts or is adjacent to any City thoroughfare other than a local street.

Two (2) ornamental trees to be placed anywhere on the lot at the preference of the owner, builder, or developer.

For lots with an area greater than 20,000 square feet, the following landscaping is required for each residential lot:

Three (3) shade trees in the front yard.

Three (3) overstory trees in the rear yard if the rear of the lot abuts or is adjacent to any City thoroughfare other than a local street.

Three (3) ornamental trees to be placed anywhere on the lot at the preference of the owner, builder, or developer.

Subsections 3.5402(c)(2), (d)(2), (e)(2), and (f)(2) shall not apply if the development complies with the following:

A fifteen foot (15') wide landscape buffer easement is dedicated outside of any street right-of-way or utility easements at the rear of lots adjacent to a thoroughfare or major collector;

Prior to issuance of any building permit for any dwelling unit within the phase of the Property where a landscape buffer described in paragraph 1) above, is located, overstory trees not less than four (4) caliper inches in diameter measured not less than twelve inches (12.0") above the ground at time of planting shall be planted not greater than thirty feet (30.0') apart within said landscape buffer easement. All overstory trees shall be of the variety and planted substantially in accordance with Section 4.5404 of the Zoning Ordinance, as amended; and

The landscape buffer easement required by this subsection g) shall be maintained as a common area for the benefit of the development by a homeowners’ association or district with authority to levy assessments to provide funding for such maintenance.

At the time of planting, all trees required by this Section 3.5402 excluding subsection 3.5402(g), shall have a main trunk with diameter of not less than three (3) caliper inches measured six inches (6.0") above the ground.

Editor’s note–Ordinance 2015-09 contained two sections numbered as 3.5401. At the discretion of the editor, the above section, designated as section 3.5401 in the ordinance, has been numbered as 3.5402.

(Ordinance 2015-09 adopted 3/10/15; Ordinance 2018-19 adopted 4/10/18)

§ 3.5403 LANDSCAPING REQUIREMENTS FOR MULTIFAMILY USES (APARTMENTS, TRIPLEX, FOURPLEX, TOWNHOMES, ETC.).

A required minimum 20-foot landscape buffer easement shall be provided adjacent to all property lines, and be exclusive of street rights-of-way or utility easements, with such buffer easement to be maintained by the property owner or a designated maintenance association or district. The following landscaping is required within the required landscape buffer easement:

One (1) shade tree (four-inch caliper minimum) shall be planted along the perimeter for each thirty (30) linear feet or portion thereof. Trees may be grouped or clustered along the street frontage to facilitate site design; the trees along all other property lines may not be grouped or clustered.

Credits may be applied towards the residential tree planting requirements and within the landscape buffer easement for the preservation of protected trees as defined in Section 4.5408.

At the time of site plan review, the width of the required landscape buffer easement may be reduced to provide for the location of public improvements subject to approval of the City Council following receipt of recommendation from the Planning and Zoning Commission.

Where parking lots and drives are located adjacent to the required landscape buffer, ten (10) evergreen shrubs (each five-gallon minimum size) shall be planted per five hundred (500) square feet of landscape buffer. The number of required shrubs shall be calculated solely on the area of the required landscape edge.

A berm may be placed within the landscape edge in lieu of the required shrubs except in situations where said shrubs will be required for a headlight screen.

The berm shall be 18 to 40 inches above the average grade of the street or parking lot curb, and the slope of said berm shall not exceed a three-to-one slope.

Proposed berm design shall be reviewed by the Director of Planning or designee.

Parking area landscaping:

Twenty square feet of landscaping shall be required for each parking space provided.

One (1) shade tree (three-inch caliper minimum) shall be required for every ten (10) parking spaces provided.

Ornamental trees may be substituted for shade trees at a ratio of two to one with approval of the Director of Planning or designee.

Ornamental trees shall be 8 feet - 10 feet in height if single-trunked, or an accumulative total of three-inch caliper and 8 feet - 10 feet in height if multi-trunked.

A landscape island shall be located at the terminus of each parking row and must be at least one parking space in size (180 square feet).

One (1) shade tree (four-inch caliper minimum) for every 1,000 square feet of required open space shall be provided and be located within the open space.

All landscaped areas shall be protected by a raised six-inch concrete curb. Pavement shall not be placed closer than five feet from the trunk of a required tree.

In cases where a tree must be planted within five feet of a curb or pavement, an approved root barrier device shall be used.

The root barrier must be of a rigid material system and no chemicals or flexible mesh shall be used.

The landscape design is encouraged to include a variety of ornamental trees and flowers in addition to the required plantings. Any permeable surface not occupied by trees, shrubs, plantings beds, and areas around signs or other permitted fixtures, shall be planted with turf or other living ground cover. Gravel, bark mulch, or other similar materials are not acceptable as a primary ground cover material.

No site developed prior to the effective date of this section (March 10, 2015) shall be required to conform to the landscaping requirements of this section unless the site is redeveloped in a manner that reflects a thirty percent (30%) or more increase in the existing square footage of the building area, and/or the surface area involved in the reconstruction of an existing parking lot.

(Ordinance 2015-09 [1] adopted 3/10/15; Ordinance 2016-51, sec. 1(C), adopted 12/13/16; Ordinance 2019-09, secs. 1(C)–(E), adopted 3/12/19)

[1]

Editor’s note–Ordinance 2015-09 contained two sections numbered as 3.5401. At the discretion of the editor, the above section, designated as section 3.5402 in the ordinance, has been numbered as 3.5403.

§ 3.5501 MASONRY AND OTHER ARCHITECTURAL STANDARDS FOR RESIDENTIAL DISTRICTS.

All buildings and structures located in all the residential areas, single-family or multifamily, shall have an exterior fire-resistant construction, having at least 90% of the total exterior walls, excluding doors and windows, constructed of brick, stone, or other approved masonry or material of equal characteristics in accordance with this Section, Section 100.200 (Masonry Definitions), City Building Code and Fire Prevention Code. This requirement shall increase to 95% if lots are adjacent to the right-of-way classified as 80 feet of right-of-way or greater, as listed in the Thoroughfare Plan.

In addition, these design standards shall be followed for all residential structures:

All chimneys on the exterior walls shall be constructed of 100% brick, stone, or faux stone.

Gable ends, soffits, eaves, cornices, or other visible accent features shall be constructed of cedar, redwood, or a cementious fiber board.

Any other accent feature that is not visible, except the soffit area, may be built with materials not listed above, provided it is not a load-bearing structure.

The following additional standards apply to all residential structures located in any single-family detached residential zoning classification, including residential duplex zoning classification:

Radiant barrier roofing is required, unless otherwise indicated in the City’s adopted Building Code, with an exception for spray foam installations.

A minimum roof pitch of 8:12 from side to side shall apply to the predominant roof of the primary residential structure, except a tile or slate roof may have a minimum roof pitch of 5:12 from side to side. A variety of roof pitches may be incorporated into the roof design provided that the predominant roof meets the minimum roof pitch requirement.

All asphalt roof shingles shall be laminated architectural shingles with a three-dimensional appearance and warranted for at least 30 years. This requirement shall become effective January 1, 2014.

When a house is constructed, the same front-facing (and rear-facing when home backs up to a public roadway) elevation shall not be used on other houses within 4 lots on either side of that house, including the other side of the street. This includes the same combination of brick, stone, masonry-like materials[,] paint, doors and windows, and flipping the elevation (although brick and stone colors will not be compared). The Building Official or Planning Director shall make the determination if an elevation has been repeated.

Front porches that are fully covered and have a minimum depth of 7 feet may encroach a maximum distance of 10 feet into the minimum front yard setback.

A maximum of three (3) box windows shall be allowed per exterior wall elevation. The box windows shall have a maximum of (not to exceed) 18-inch trim on all sides of the window and shall have a minimum projection of 14 inches from the masonry wall. (For the purposes of calculating masonry coverage, only the doors and window pane shall be excluded.)

Standing seam metal roofs may be installed subject to the following specifications:

The metal thickness must not be less than 26 gauge;

The metal must have a Galvalume finish that is non-reflective; and

Paint applied to painted metal roof panels must be applied to the panels at the factory using materials and a baking or other process that prevents the paint from cracking or chipping through normal wear and tear of a residential roof; and

Field applied painting of standing seam roofs is prohibited.

Aluminum and/or Steel shingle metal roofs may be installed subject to the following specifications:

The metal thickness must not be less than 19 gauge; and

The metal must have a finish that is non-reflective; and

All paint, coatings and finishes applied to the metal roof shingles must be applied to the panels at the factory using materials and a baking or other process that prevents the paint, coatings, and finishes from cracking or chipping through normal wear and tear of a residential roof; and

Any type of paint, coatings, and/or finishes applied to the metal roof panels in the field is prohibited.

Multifamily residential developments shall comply with the following design standards:

Elevations within internal walkways or internal walls of private patios or balconies shall be required to be of a masonry material.

Not less than fifteen (15) percent of each elevation of each building which is visible from a public street right-of-way or property zoned or used for residential purposes must feature patterned brick work other than running bond or stacked pattern.

All windows must be emphasized through the installation of molding around the windows, plant ledges, sills, shaped frames, awnings, or another similarly related architectural element.

A pitched roof of any style, including, but not limited to, hipped, gabled or shed roofs shall be acceptable. The roof must cover 100 percent of the total roof area, excluding porches and porte-cocheres. No flat roofline shall be visible from anywhere.

A parapet wall is permitted if constructed so that no flat roofline is visible from anywhere.

All ground level mechanical, heating, ventilation, and air-conditioning equipment shall be screened from view from the public street right-of-way and from adjacent residential or residentially zoned property with either a six-foot tall architectural steel/ornamental iron with decorative landscaping or a living plant screen that is six-foot tall at the time of planting.

All roof-mounted mechanical, heating, ventilation, and air-conditioning equipment shall be screened with a parapet wall to a height not less than one foot higher than the height of the equipment.

All covered and enclosed parking shall be of similar and conforming architectural design and materials as the main multifamily structure. Exposed steel or timber support columns for covered parking structures shall be prohibited and shall be finished with a masonry finishing material to match the building.

Each dwelling unit must be constructed with a private balcony or porch not less than 50 square feet in area.

10)

All entrances into a multifamily residential development (excluding emergency exit only) shall feature a landscape median at least eight feet wide and at least 50 feet long (measured from back of curb to back of curb). A minimum of one ornamental and two shade trees are required to be planted for every 50 linear feet that the median extends (in length). The required median shall be completely covered with living plant materials and shall be irrigated with an automatic underground irrigation system.

11)

All buildings facing a public right-of-way, park, or residential zoning district shall meet the following requirements:

Horizontal Articulation.

No building facade shall extend for a distance greater than 3 times the average elevation of the wall’s height without having an offset of 20% or more of the wall’s height. This offset shall extend for a distance equal to at least 25% of the maximum length of either adjacent plane.

ii.

Vertical Articulation.

No horizontal wall shall extend for a distance greater than 3 times the height of the wall without changing height by a minimum of 20% of the wall’s height. This height change shall continue for a minimum distance equal to at least 25% of the maximum length of either adjacent plane.

iii.

Exceptions.

For all structures where the articulation requirements in Paragraphs i. and ii, above, do not apply, a minimum of one 24-inch vertical offset and one 36-inch horizontal offset is required.

Multifamily residential developments shall offer amenities that are consistent with the scale and character of the project.

The number of required amenities shall be based on the number of units within the development as follows:

100 or less dwelling units shall provide at least two amenities.

101–200 dwelling units shall provide at least three amenities.

201–300 dwelling units shall provide at least four amenities.

301–500 dwelling units shall provide at least five amenities.

501 or more dwelling units shall provide at least six amenities.

The following items can be classified as acceptable amenities. Providing two or more of the same amenity shall not count as multiple required amenities unless specifically stated:

Swimming pool (minimum 1,000 square feet surface area) with cooling deck (minimum 10 feet wide in all areas);

Centralized swimming pool (minimum 3,000 square feet surface area) with cooling deck (minimum 20 feet wide in all areas). This amenity shall qualify as two required amenities;

At least four barbeque grills with shaded seating areas for at least 16 people;

Tot play lot (minimum 4,000 square foot area);

A splash pad (water play amenity for children) which is a minimum of 1,000 square feet in area;

vi)

One regulation size volleyball, basketball, tennis, or similarly related playing court. Each court shall count as an amenity up to a limit of two;

vii)

Fitness center and/or weight room (minimum 500 square feet in area)[;]

viii)

Business center (minimum 500 square feet in area)[;]

ix)

Movie theater room including seating for a minimum of 50 people;

A dog park not less than 5,000 square feet in area that is enclosed by a vinyl coated chain link fence not less than five feet (5.0') in height. The dog park must contain a minimum of one dog waste station area, to include a bag dispenser and waste receptacle.

xi)

Other comparable amenity as approved by the Planning Director or designee.

Exceptions to the material requirements and roof pitch standards set forth in this Section may be permitted on a case-by-case basis upon approval of the City Council after receiving a recommendation from the Planning and Zoning Commission, such approval being subject to and in accordance with the following procedures:

All requests for alternative exterior building materials and/or roof pitch shall be noted and described on a Site Plan with elevation drawings.

The requestor shall provide a written statement explaining the reason for the request and include, upon request, a sample of any alternative material that the requestor seeks to use.

An alternative exterior material may be approved only if it is found by the City Council to be equivalent to or better than masonry according to the criteria listed in the definition of Masonry Construction found in Section 100.200.

(Ordinance 2013-24, sec. 3.5500, adopted 7/9/13; Ordinance 2013-48 adopted 10/22/13; Ordinance 2014-42 adopted 9/23/14; Ordinance 2015-12 adopted 4/28/15; Ordinance 2017-10, sec. 1, adopted 2/28/17; Ordinance 2017-27 adopted 5/9/17; Ordinance 2019-09, sec. 1(F), adopted 3/12/19)

§ 3.5502 PROCEDURE FOR DETERMINING ALTERNATIVE EXTERIOR MATERIALS (RESIDENTIAL).

Exceptions to the material requirements may be permitted on a case-by-case basis by the City Council following receipt of recommendation by the Planning and Zoning Commission.

All requests for alternative exterior building materials shall be noted and described on a Site Plan with elevation drawings.

If requested by the City, a sample of the material may be required to be submitted with the Site Plan.

The City Council, after a recommendation made by the Planning and Zoning Commission, may approve an alternative exterior material if it is determined the alternative material is equivalent or better than masonry according to the criteria listed in the definition of Masonry Construction found in Section 100.200.

Consideration for exceptions to the above requirements shall be based only on the following:

Architectural design and creativity. Architectural variances may be considered for, but not limited to, Gingerbread, Victorian, English Tudor, or Log designs.

Compatibility with surrounding developed properties.

(Ordinance 2013-24, sec. 3.5501, adopted 7/9/13; Ordinance 2013-48 adopted 10/22/13; Ordinance 2016-51, sec. 1(D), adopted 12/13/16)

§ 3.5601 PAVING STANDARDS.

All required off-street parking, loading, drives, vehicle, sidewalk and/or storage areas outside of the right-of-way shall be designed and constructed in compliance with Section 6.16 of the City of Midlothian Subdivision Regulations, as amended, including, but not limited to, any alternative design and construction approved in accordance with said Section 6.16.

One (1) carport is allowed per residential lot subject to the following:

The carport must be located to comply with the setback requirements for the zoning district where it is located;

The area covered by the carport shall be included in the calculation of determining compliance with maximum lot coverage standards for the zoning district where the carport is located; and

Driveways leading to and the parking pad beneath the carport must comply with subsection (a), above, of this Section; and

No construction or installation of a carport shall commence until a building permit has been issued by the City or the City’s chief building official has determined no building permit is required.

All off-street residential parking spaces required by Section 3.5604 are to be concrete, located outside of the public right-of-way line, have a minimum depth of twenty (20) feet, and have a minimum width of ten (10) feet per space.

(Ordinance 2013-24, sec. 3.5600, adopted 7/9/13; Ordinance 2013-48 adopted 10/22/13; Ordinance 2015-09 adopted 3/10/15; Ordinance 2017-14 adopted 3/18/17)

§ 3.5602 GARAGE REQUIREMENTS.

All residential structures, including, but not limited to, single-family (attached), duplexes, triplexes, fourplexes, and townhouses, but not apartment complexes, shall have at least one (1) garage not less than 400 square feet in area with a minimum width of nineteen (19) feet. All single-family (detached) shall have at least one (1) garage not less than 450 square feet in area subject to Sections 3.101, 3.201, 3.301, 3.401, 3.501, 3.601, 3.701, 3.801, 3.901, and 3.1001 whichever standard is more stringent with a minimum width of nineteen (19) feet. Garages required to be constructed with apartment complexes shall be subject to Section 3.5604.

The driveway entry into each required garage structure shall be constructed with either (i) one (1) garage door not less than sixteen (16) feet wide, or (ii) two (2) garage doors each being not less than eight (8) feet wide to allow for parking and access for two vehicles at all times.

The floor area of garages shall not be included in determining the minimum required area of the dwelling unit.

No more than one (1) detached garage may be constructed on a parcel or lot.

A detached garage shall not extend into the front, side, or rear setbacks of the lot on which it is located.

A detached garage with an opening onto a side street must be set back not less than twenty-five feet (25.0') from the property line abutting such street.

Required garages shall be on the same lot of record as the principal structure.

No single-family structure may be constructed with a three (3) car garage that faces towards, and is visible from, the street frontage except in compliance with the following:

Street facing garage doors may be installed only when the width of the frontage is sixty (60) feet or greater; provided, however, this paragraph shall not apply to side entry garage doors facing the designated side street on a corner lot.

Either the left or right garage bay must be set back an additional five (5) feet from the other two bays.

A brick overlay, or stamped concrete of a contrasting color to the concrete driveway, with a minimum width of two (2) feet, shall be placed within the driveway paving extending from the base of the exterior wall separating the third car garage from the adjoining two car garage and shall extend in a perpendicular direction from said exterior wall to the front drive approach. (As shown in Figure 3.5600.1)

A second brick overlay, or stamped concrete of contrasting color to the concrete driveway, shall run parallel to the garage door across the drive approach from one edge of driveway pavement to the opposite edge of the driveway pavement just outside of the right-of-way line for the property. (As shown in Figure 3.5600.1)

For purposes of this Section, a garage shall not be considered detached if at least 10% of the length of one wall of the garage constitutes a common wall with the principal structure.

A garage face shall either be set back a minimum of five (+/-5) feet from the front of the house or front porch or be a minimum of twenty-five (25) feet from the front property line, whichever is greater. In no instance will the garage extend forward beyond the front facade.

Figure 3.5600.1. Example of Paved Overlay Requirement for Three-Door Car Garage Configurations

(Ordinance 2013-24, sec. 3.5601, adopted 7/9/13; Ordinance 2013-48 adopted 10/22/13; Ordinance 2015-09 adopted 3/10/15; Ordinance 2017-14 adopted 3/18/17; Ordinance 2019-58, sec. 3, adopted 11/12/19)

§ 3.5603 GARAGE CONVERSION.

The conversion of required garage space into a living/office/workshop space is prohibited unless a garage that complies with Section 3.5602 is constructed and completed prior to or concurrently with the conversion of said garage space.

The conversion of garage space, where not in conflict with Section 3.5602, shall comply with the requirements of the City’s adopted building and fire codes at the time of conversion.

Submission of building plans to the Building Inspections Department showing for the plans and specifications for the converted space and issuance of applicable building permits will be required prior to commencement of construction resulting in conversion of the garage space for another use. A certificate of occupancy will be required prior to commencement of use of the converted space for purpose other than a garage.

Uses for the converted garage space must comply with Section 2.04 and, if applicable Section 4.5600, as may be applicable.

(Ordinance 2013-24, sec. 3.5602, adopted 7/9/13; Ordinance 2013-48 adopted 10/22/13; Ordinance 2015-09 adopted 3/10/15; Ordinance 2017-14 adopted 3/18/17)

§ 3.5604 RESIDENTIAL PARKING RATIOS.

The number of off-street parking spaces constructed on each lot developed with a residential use shall be not less than the following:

Type of Dwelling Unit	Minimum Spaces Required
Single-Family, Detached	2 per dwelling unit
Duplex	2 per dwelling unit
Triplex/Fourplex	2 per dwelling unit
Townhouse	2 per dwelling unit
Garage Apartment	1 per dwelling unit
Apartment/Multifamily Dwelling	2 per unit for the first 50 units plus 1.75 per unit for all units thereafter. No less than 100% of the units shall have an enclosed parking space (of which no less than 50% shall be attached garages, no less than 25% shall be detached garages, and no less than 25% shall be tuck-under parking) reserved for use by the tenant and used solely for parking a vehicle and not storage, which space shall be counted to satisfy the number of parking spaces required. Enclosed parking spaces include tuck-under parking and detached or attached garage(s).
Manufactured, Mobile, or Modular Home	2 per lot, tract or land
Group Home	1 per 375 square feet of floor area

All required parking spaces shall be paved and sized as required by Section 3.5601.

(Ordinance 2013-24, sec. 3.5603, adopted 7/9/13; Ordinance 2013-48 adopted 10/22/13; Ordinance 2015-09 adopted 3/10/15; Ordinance 2017-14 adopted 3/18/17; Ordinance 2019-09, sec. 1(G), adopted 3/12/19; Ordinance 2019-58, sec. 2, adopted 11/12/19)

§ 3.5700 SECONDARY DWELLING UNITS.

Secondary Dwelling Units, where permitted, shall be constructed and located in accordance with the following development standards:

No more than one (1) secondary dwelling unit shall be constructed on a tract or platted lot;

The secondary dwelling unit must be located in a manner that complies with all required setbacks for the zoning district in which the tract or lot is located;

The total floor area of the secondary dwelling shall not exceed:

Fifty percent (50%) of the air-conditioned floor area of the primary dwelling unit on a lot or tract which is less than one (1) acre;

Seventy-five percent (75%) of the air-conditioned floor area of the primary dwelling unit, or 1,800 square feet whichever is greater on lot or tract which is one (1) acre or larger;

The coverage area of the secondary dwelling unit shall be included in the calculation for determining compliance with the maximum impervious surface area of the lot or tract based on the requirements for the zoning district in which the lot or tract is located;

The architectural style of the secondary dwelling unit must match that of the principal dwelling unit;

The height of the secondary dwelling unit shall not exceed the height of the principal dwelling unit;

Electrical power for the secondary dwelling unit must be served by the same electric utility meter as the principal dwelling unit without submetering;

A lot or tract with an area of less than two (2) acres but not served by City's sanitary sewer system may only be developed with one (1) On-Site Sewer Facility (i.e., septic system) that receives wastewater from both the primary and secondary dwelling units;

At least one (1) additional off-street parking space constructed to the same standards as the off-street parking spaces required for the principal dwelling unit must be constructed for use by occupants of the secondary dwelling unit;

10)

The occupant(s) of any secondary dwelling unit shall be:

Related by blood or marriage to the occupant(s) of the primary dwelling unit located on said lot or tract;

An employee or contractor of (i) the owner of the lot or tract on which the secondary dwelling unit is located or (ii) the occupant of the primary dwelling unit on said lot or tract whose primary job duties are to provide personal services to the occupants of the primary dwelling unit or to provide care and/or maintenance of the primary dwelling unit, any other improvements, landscaping, or animals located on the lot or tract, and/or

The spouse, child, or parent of the person described m subsection ii), above;

Before issuing a Certificate of Occupancy (CO), the property owner shall record in the Real Property Records a restrictive covenant in a form approved by the City Attorney and enforceable by the City prohibiting the secondary dwelling unit from being leased to a different party than the lessee of the principal dwelling unit.

A second dwelling unit may be constructed and/or located in a manner that deviates from the regulations set forth in subsection a), above, upon approval of a specific use permit setting forth such deviation(s).

If a lot or tract developed with an existing dwelling unit is to be constructed with a second dwelling unit with a floor area of air-conditioned space that exceeds the floor area of air-conditioned space of the existing dwelling unit, then:

Upon issuance of a certificate of occupancy or approval of final inspection of the new dwelling unit, the new dwelling unit shall be deemed to be the primary dwelling unit and the existing dwelling unit shall be deemed to be the secondary dwelling unit; and

All of the provisions of Section 3.5700(a) shall apply as if the new dwelling unit was the first of the dwelling units to be constructed on the lot or tract.

(Ordinance 2013-24, sec. 3.5700, adopted 7/9/13; Ordinance 2017-31 adopted 5/23/17; Ordinance 2020-24 adopted 6/9/20; Ordinance 2024-38 adopted 8/13/2024)

§ 3.5800 SIGNS LOCATED IN THE RESIDENTIAL ZONING DISTRICTS.

Nameplate Sign:

Each family may install or permit to be installed an unlit nameplate, not exceeding 4 square feet in area containing the name and if applicable, permitted home occupation of the occupant of the premises mounted flat against the wall of the principal building.

There shall be no change in the outside appearance of the building or premises.

Ground sign or pole signs are not allowed for residential uses or home occupations.

(Ordinance 2013-24, sec. 3.5800, adopted 7/9/13)

§ 3.5801 SIGNS LOCATED IN (A) AGRICULTURAL, SINGLE-FAMILY ONE (SF-1), SINGLE-FAMILY TWO (SF-2), SINGLE-FAMILY THREE (SF-3) SINGLE-FAMILY FOUR (SF-4), RESIDENTIAL ONE AND HALF (R1.5), RESIDENTIAL TWO AND HALF (R2.5), RESIDENTIAL THREE (R3), MEDIUM DENSITY ONE (MD-1), AND MOBILE HOME (MH) ZONING DISTRICTS.

Nameplate Sign:

Each family may install or permit to be installed an unlit nameplate, not exceeding 1 square foot in area containing the name and if applicable, permitted home occupation of the occupant of the premises mounted flat against the wall of the principal building.

There shall be no change in the outside appearance of the building or premises.

Ground Sign:

Not allowed.

Pole Sign:

Not allowed.

Special Provisions:

Temporary signs pertaining to garage sales and nameplates not exceeding 1 square foot in area may be permitted.

Churches and other religious institutions, educational institutions or any other uses found in this zoning district that are also allowed in all other zoning districts shall adhere to the sign standards of General Professional (GP), Community Retail (CR) or Commercial (C) Zoning Districts found in Section 4.6017 of this Ordinance.

(Ordinance 2013-24, sec. 3.5801, adopted 7/9/13)

§ 3.5802 SIGNS LOCATED IN THE MEDIUM DENSITY 2 AND MULTIFAMILY DISTRICTS.

Only the following signs shall be permitted to identify the use or uses of the property upon which it is displayed as follows:

Building Sign:

Maximum height of 8 feet;

Maximum total area of 40 square feet.

Ground Sign:

Maximum height of 5 feet,

Maximum total area of 30 square feet,

Sign shall include a landscaped, stone-base feature,

Only 1 sign is allowed per street frontage and/or unified development.

Pole or revolving signs are not allowed.

Maximum allowable is one (1) per property. Additional ground/monument signs may be installed upon approval of a Specific Use Permit (SUP).

(Ordinance 2013-24, sec. 3.5802, adopted 7/9/13; Ordinance 2019-09, sec. 1(H), adopted 3/12/19)

§ 3.5803 SPECIAL SIGN PROVISIONS.

Signs may be illuminated, but the source of light shall not be visible to traveled ways and shall not be intermittent or flashing.

Churches and other religious institutions, educational institutions or any other uses found in residential zoning districts that are also allowed in all other zoning districts shall adhere to the following sign standards:

Wall Signage

Maximum height of 5 feet,

Maximum total area of 40 square feet.

Ground Sign:

Maximum height of 10 feet,

Maximum total area of 60 square feet,

Sign shall include a landscaped, stone-base feature,