Midlothian City Zoning Code

SECTION 4

NONRESIDENTIAL DISTRICTS AND REGULATIONS

§ 4.01 NONRESIDENTIAL DISTRICT REGULATIONS TABLE (QUICK REFERENCE).

Regulation	GP	CR	C	CBD	N8	LI	MI	HI
Min. Lot Size (sq. ft.)	12,500	12,500	12,500	No minimum	–	No minimum	No minimum	No minimum
Min. Lot Width (ft.)	125	125	125	No minimum	–	No minimum	No minimum	No minimum
Min. Lot Depth (ft.)	–	–	–	–	–	–	–	–
Min. Masonry Coverage	90%	90%	90%	90%	90%	90%	90%	90%
Max. Impervious Coverage	80%	80%	80%	No maximum	80%	85%	85%	85%
Max. Height (ft.)	35	35	35	3 stories	20 or 2 stories	35	60 or 5 stories	No maximum
Min. Front Yard Setback (ft.)	25	25	25	No minimum, max. 10 ft.	Maximum 15 ft.	25	25	25
Min. Side Yard Setback (ft.) (side/res/no nres)	15/10/20	15/10/20	15/10/20	No minimum	Min. 5 ft. Max. 10 ft.	15/10/20	15/0/20	15/0/20
Min. Rear Yard Setback (ft.) (nonres/res)	10/20	10/20	10/20	No minimum; 10 ft. if adjace nt to residen tial only	Min. 5 ft. Max. 10 ft.	10/20	10/20	10/20

(Ordinance 2013-24, sec. 4.01, adopted 7/9/13)

§ 4.02 PERMITTED USES.

In every zoning district, no building, structure, land or premises will be used and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for 1 or more of the uses listed in Section 2.04 Use Chart and as regulated per each zoning district regulations.

(Ordinance 2013-24, sec. 4.02, adopted 7/9/13)

§ 4.100 PURPOSE.

The purpose and intent of this district is [to] permit a restrictive area for low intensity office or professional uses which may be located close to all types of incidental uses, with appropriate buffers and landscaping so as not to create a blighting effect on adjacent residential areas.

(Ordinance 2013-24, sec. 4.100, adopted 7/9/13)

§ 4.101 DISTRICT REGULATIONS & STANDARDS.

District Regulation	Standard
Minimum Lot Area	12,500 square feet
Minimum Lot Width	125 feet*
Maximum Lot Coverage	80%
Maximum Height	35 feet**
Minimum Masonry Coverage	90%
Minimum Front Yard Setback	25 feet
Minimum Side Yard Setback (street/nonresidential/residential)	15/10/20 feet
Minimum Rear Yard Setback (nonresidential/residential)	10/20 feet

*	Measured at the front setback line
**	May extend an additional 15 feet if it has a distinct architectural feature of the structure and is not considered usable floor area (i.e. towers, steeples, domes, spires, roof gables) and must be approved by the planning director.

Nonresidential Regulation	Standard
Accessory Buildings	see Section 4.5100
Fencing Regulations	see Section 4.5200
Landscaping/Streetscaping Regulations	see Section 4.5400
Masonry, Architecture Design & Building	see Section 4.5500
Parking Regulations	see Section 4.5600
Signage Regulations	see Section 4.6000

(Ordinance 2013-24, sec. 4.101, adopted 7/9/13)

§ 4.200 PURPOSE.

The purpose and intent of this district is to permit a limited area of service establishments and retail stores for the benefit of adjacent and nearby residential development, and in which district all trade is conducted indoors and in such a manner as to be capable of placement adjacent to residential districts without changing the character of the later [latter].

(Ordinance 2013-24, sec. 4.200, adopted 7/9/13)

§ 4.201 DISTRICT REGULATIONS & STANDARDS.

District Regulation	Standard
Minimum Lot Area	12,500 square feet
Minimum Lot Width	125 feet*
Maximum Lot Coverage	80%
Maximum Height	35 feet**
Minimum Masonry Coverage	90%
Minimum Front Yard Setback	25 feet
Minimum Side Yard Setback (street/nonresidential/residential)	15/10/20 feet
Minimum Rear Yard Setback (nonresidential/residential)	10/20 feet

*	Measured at the front setback line
**	May extend an additional 15 feet if it has a distinct architectural feature of the structure and is not considered usable floor area (i.e. towers, steeples, domes, spires, roof gables) and must be approved by the planning director.

Nonresidential Regulation	Standard
Accessory Buildings	see Section 4.5100
Fencing Regulations	see Section 4.5200
Landscaping/Streetscaping Regulations	see Section 4.5400
Masonry, Architecture Design & Building	see Section 4.5500
Parking Regulations	see Section 4.5600
Signage Regulations	see Section 4.6000

(Ordinance 2013-24, sec. 4.201, adopted 7/9/13)

§ 4.300 PURPOSE.

The purpose and intent of this district is intended to permit a much greater variety of service and retail uses than the other retail and service areas. This district is designed to contain some uses that have intensities greater than that which would be desired to be placed adjacent to residential neighborhoods. It is also designed to be a transition district between industrial type uses and residential uses.

(Ordinance 2013-24, sec. 4.300, adopted 7/9/13)

§ 4.301 DISTRICT REGULATIONS & STANDARDS.

District Regulation	Standard
Minimum Lot Area	12,500 square feet
Minimum Lot Width	125 feet*
Maximum Lot Coverage	80%
Maximum Height	35 feet**
Minimum Masonry Coverage	90%
Minimum Front Yard Setback	25 feet
Minimum Side Yard Setback (street/nonresidential/residential)	15/10/20 feet
Minimum Rear Yard Setback (nonresidential/residential)	10/20 feet

*	Measured at the front setback line
**	May extend an additional 15 feet if it has a distinct architectural feature of the structure and is not considered usable floor area (i.e. towers, steeples, domes, spires, roof gables) and must be approved by the planning director.

Nonresidential Regulation	Standard
Accessory Buildings	see Section 4.5100
Fencing Regulations	see Section 4.5200
Landscaping/Streetscaping Regulations	see Section 4.5400
Masonry, Architecture Design & Building	see Section 4.5500
Parking Regulations	see Section 4.5600
Signage Regulations	see Section 4.6000

(Ordinance 2013-24, sec. 4.301, adopted 7/9/13)

§ 4.400 PURPOSE.

The purpose of the CBD Central Business District (CBD) zoning category is to accommodate the types of business and commercial uses that have historically been located in the Midlothian Central Business area.

(Ordinance 2013-24, sec. 4.400, adopted 7/9/13)

§ 4.401 DISTRICT REGULATIONS & STANDARDS.

District Regulation	Standard
Minimum Lot Area	No minimum
Minimum Lot Width	No minimum
Maximum Lot Coverage	No minimum
Maximum Height	10 stories
Minimum Masonry Coverage	90%
Minimum Front Yard Setback	No minimum
Minimum Side Yard Setback	No minimum
Minimum Rear Yard Setback (nonresidential/residential)	0/10 feet

Nonresidential Regulation	Standard
Accessory Buildings	see Section 4.5100
Fencing Regulations*	see Section 4.5200
Landscaping*/Streetscaping Regulations	see Section 4.5400
Masonry, Architecture Design & Building	see Section 4.5500
Parking Regulations*	see Section 4.5600
Signage Regulations	see Section 4.6000

*	No minimum for this standard is required within this district

(Ordinance 2013-24, sec. 4.401, adopted 7/9/13)

§ 4.402 RESIDENTIAL USES IN THE CENTRAL BUSINESS DISTRICT (CBD).

Residential uses in the CBD require a Specific Use Permit[.]

Residential dwelling units shall be allowed as secondary/ancillary uses in upper stories of structures only, while maintaining Central Business District uses as the primary use in the first/ground floor.

Floor plans shall be required to be submitted in conjunction with the Specific Use Permit. The floor plans shall include the location and square footage of all nonresidential uses, the layout, square footage and total number of residential units.

All buildings and structures approved for residential uses must meet all applicable Uniform Building and Fire Codes.

(Ordinance 2013-24, sec. 4.402, adopted 7/9/13)

§ 4.403 DOWNTOWN DESIGN GUIDELINES & REVIEW AUTHORITY.

New or remodeled structures in the Central Business District are to incorporate the historic character and appearance of existing downtown structures and must follow the design regulations incorporated herein and also strive to follow the adopted “Downtown Development Guidelines.”

These design regulations shall only apply to exterior improvements and renovations. All developments shall be subject to review by the Historic Advisory Board (HAB) who should advise and make recommendations to the Planning and Zoning Commission (P&Z) for final approval.

A project will not be penalized for not complying with these guidelines. However, the Historic Advisory Board and Planning and Zoning Commission will review each project against these guidelines for consistency.

The Historic Advisory Board (HAB) and Planning and Zoning Commission (P&Z) shall be primarily responsible for determination of compliance with the CBD historic regulations and provide oversight of the guidelines.

Specifically, the Historic Advisory Board (HAB) shall have sole review and comment authority of any exterior rehabilitation projects that have a total cost up to 25% of the total current year appraised value of the structure and property.

Both the Historic Advisory Board (HAB) and the Planning and Zoning Commission (P&Z) shall have review authority of new exterior construction projects and exterior rehabilitation projects that have a total cost above 25% of the total current year appraised value of the structure.

The City Council shall hear all appeals with respect to the decisions of the Historic Advisory Board and Planning and Zoning Commission.

(Ordinance 2013-24, sec. 4.403, adopted 7/9/13)

§ 4.404 ADDITIONAL DESIGN REQUIREMENTS IN THE CENTRAL BUSINESS DISTRICT.

The 1st floor must have minimum fenestration coverage of 70%.

There shall be a wooden kick panel with a minimum height of 18 inches.

There shall be a minimum 5-foot awning extension at the point of main entry.

Window signage or cover shall be a maximum of 25%.

Windows shall not be opaque; the interior of the building must be visible from the outside.

All structures shall be 100% masonry construction.

Doors and windows shall have a wood, bronze, antique metal finish or the appearance thereof.

Windows on the second story of a structure must be double-hung or have the appearance thereof.

(Ordinance 2013-24, sec. 4.404, adopted 7/9/13)

§ 4.500 PURPOSE.

The purpose and intent of the North 8th Street District is to implement the goals and objectives of the Original Town Module, set forth in the City’s adopted Comprehensive Plan. Regulations that ensure development appropriate within this corridor should:

* Encourage economic development that is sensitive to the identity of the City;

* Preserve the corridor as an entryway into the downtown area;

* Allow full utilization of small or irregularly sized parcels;

* Unify the area as a cohesive and attractive commercial corridor;

* Restricting certain land uses that may inhibit investment and improvement of property; and,

* Create a pedestrian-oriented streetscape.

(Ordinance 2013-24, sec. 4.500, adopted 7/9/13)

§ 4.501 BOUNDARIES.

The North 8th Street District (8th) shall apply to all property located on both sides of North 8th Street from West Avenue B to West Avenue E, and being one lot deep.

(Ordinance 2013-24, sec. 4.501, adopted 7/9/13)

§ 4.502 ALLOWED USES.

Existing uses are grandfathered from these regulations. Projects which have received final site plan approval or building permit approval prior to the effective date of this ordinance are also exempt from these regulations.

Any existing single-family residential use is exempt from all the nonconforming standards found in Section 9.

The following are the only allowed uses within the North 8th Street District with a maximum floor area ratio of 1:1:

Existing single-family residential.

Professional office use (accountant, bank, insurance, lawyer, real estate, tax advisor, travel agent, etc.).

Medical office use (doctor, dentist, or other licensed medical practitioner).

Counseling services (psychiatrist, psychologist, or other licensed counseling practitioner).

Retail shops and services (computer software, clothing, jewelry, flower shop, candles, arts & crafts, hobby shops, artist studio, photography, barber/hair salon, professional licensed massage).

Animal services (grooming, small animal veterinarian, etc.; kennels not allowed).

Medical records production.

Restaurants 1,000 square feet or greater of seating area, with an approved Specific Use Permit (SUP); restaurants under 1,000 square feet of seating area are allowed by-right provided all other Zoning and Subdivision requirements are met.

Brewpub, with an approved Specific Use Permit (SUP).

Any use not listed above shall require an amendment to the Use Section above. Any new use shall be consistent and compatible with the adjacent uses of the North 8th Street District and subject to approval of the Planning & Zoning Commission and City Council.

(Ordinance 2013-24, sec. 4.502, adopted 7/9/13; Ordinance 2019-41, sec. 3, adopted 8/27/19)

§ 4.503 AREA REGULATIONS.

The Planning Director shall have the authority and responsibility to establish specific internal procedures and submittal requirements for the review and processing of all land use applications within the North 8th Street District. At minimum, a site plan and building elevations shall be required. The site plan shall show building location, access, parking, landscaping, fences, signage, and lighting.

District Regulation	Standard
Minimum Lot Area	No minimum
Minimum Lot Width	No minimum
Maximum Lot Coverage	No minimum
Maximum Height	20 feet
Minimum Masonry Coverage	90%
Minimum Front Yard Setback	15 feet
Minimum Side Yard Setback	5/10 feet
Minimum Rear Yard Setback (nonresidential/residential)	5/10 feet

Nonresidential Regulation	Standard
Accessory Buildings	see Section 4.5100
Fencing Regulations	see Section 4.506 [4.507]
Landscaping/Streetscaping Regulations	see Section 4.508 [4.509]
Masonry, Architecture Design & Building	see Section 4.503 [4.504]
Parking Regulations	see Section 4.505 [4.506]
Signage Regulations	see Section 4.504 [4.505]
Lighting Regulations	see Section 4.507 [4.508]

(Ordinance 2013-24, sec. 4.503, adopted 7/9/13)

§ 4.504 ARCHITECTURAL REGULATIONS.

Architecture shall consist of a historical theme consistent with the existing construction of the area and approved by the Planning & Zoning Commission and/or the Historic Advisory Board. Such elements include, but not limited to:

Exterior walls may be of a cementious fiberboard material consistent with the historic-themed architecture[.]

Roof pitches & slopes shall be a material consistent with the architectural design of surrounding structures.

(Ordinance 2013-24, sec. 4.504, adopted 7/9/13)

§ 4.505 SIGNAGE REGULATIONS.

Signage shall be consistent with the following requirements:

Ground signs shall only be allowed for nonresidential uses.

Maximum height of 4 feet and 20 square feet of sign face (limit 2 sides).

ii)

Shall only be externally lit.

iii)

Shall be landscaped at the base and be of an architecture style appropriate to the character of the building and District.

Signage shall be integrated into the building design and be of style that complements the architecture of the structure.

Wall signage may be externally lit only.

If no ground sign is provided, wall signage may increase up to an additional 20 square [feet].

All other signs shall meet the requirements of Section 4.6000.

Any residential uses that have a display or wall signage shall not be lit in any manner.

(Ordinance 2013-24, sec. 4.505, adopted 7/9/13)

§ 4.506 PARKING REGULATIONS.

An alternative parking pavement may be allowed if approved by the City Engineer.

On-street parking may count toward the required parking if it meets the following conditions:

May only be allowed on streets that run perpendicular to North 8th Street (Avenue B, Avenue C, and Avenue D). Additional approval and requirements may be required in the public right-of-way.

Parking plan shall be approved by the City Engineer.

Shared parking may be allowed for multiple uses on a single or multiple parcels provided the hours of operation do not overlap by more than 5 hours and shall not exceed one-half of the maximum allowable parking.

Off-street parking is encouraged to be placed behind the building with access from the alley upon successful improvements approved by the City Engineer.

(Ordinance 2013-24, sec. 4.506, adopted 7/9/13)

§ 4.507 FENCING REGULATIONS.

When a nonresidential use abuts an existing residential use, a wooden or wrought iron fence with decorative masonry columns may be allowed with shrubs or other vegetative landscaping placed along the fence line.

A decorative fence, such as a wrought iron, picket, or other open design, may be allowed in the front yard provided it does not exceed 3 feet in height.

For the purposes of this zoning district, the higher intense use shall be responsible for the placement of the fence.

(Ordinance 2013-24, sec. 4.507, adopted 7/9/13)

§ 4.508 LIGHTING REGULATIONS.

All lighting shall be fully shielded and downcast so as not to shine onto adjoining properties and rights-of-way and to not be a hazard to the passing motorist or constitute a nuisance of any kind.

Any light posts shall be of a historic and pedestrian style with the ability to hang vertical banners.

All light posts shall be painted black.

(Ordinance 2013-24, 4.508, adopted 7/9/13)

§ 4.509 LANDSCAPING REGULATIONS.

A minimum canopy coverage of 25% shall be maintained for all lots through existing or new landscaping. The canopy coverage shall be measured in relation to the coverage of the lot.

All other landscaping shall meet the standards set forth in Section 4.5400.

(Ordinance 2013-24, sec. 4.509, adopted 7/9/13)

§ 4.600 PURPOSE.

The purpose and intent of this district is intended to provide areas suitable for manufacturing, assembling and fabrication activities that are primarily light and non-offensive in nature, as well as heavier commercial uses that are most appropriately located adjacent to industrial areas and are necessary to industrial uses as filling support or immediate needs.

(Ordinance 2013-24, sec. 4.600, adopted 7/9/13)

§ 4.601 DISTRICT REGULATIONS & STANDARDS.

District Regulation	Standard
Minimum Lot Area	No minimum
Minimum Lot Width	No minimum
Maximum Lot Coverage	85%
Maximum Height	35 feet*
Minimum Masonry Coverage	90%
Minimum Front Yard Setback	25 feet
Minimum Side Yard Setback (street/nonresidential/residential)	15/0/20 feet
Minimum Rear Yard Setback (street/nonresidential/residential)	10/20 feet

*	May extend an additional 15 feet if it has a distinct architectural feature of the structure and is not considered usable floor area (i.e. towers, steeples, domes, spires, roof gables) and must be approved by the planning director.

Nonresidential Regulation	Standard
Accessory Buildings	see Section 4.5100
Fencing Regulations	see Section 4.5200
Landscaping/Streetscaping Regulations	see Section 4.5400
Masonry, Architecture Design & Building	see Section 4.5500
Parking Regulations*	see Section 4.5600
Signage Regulations	see Section 4.6000

(Ordinance 2013-24, sec. 4.601, adopted 7/9/13)

§ 4.700 PURPOSE.

(Ordinance 2013-24, sec. 4.700, adopted 7/9/13)

§ 4.701 DISTRICT REGULATIONS & STANDARDS.

District Regulation	Standard
Minimum Lot Area	No minimum
Minimum Lot Width	No minimum
Maximum Lot Coverage	85%
Maximum Height	60 feet / 5 stories
Minimum Masonry Coverage	70%
Minimum Front Yard Setback	25 feet
Minimum Side Yard Setback (street/nonresidential/residential)	15/0/20 feet
Minimum Rear Yard Setback (street/nonresidential/residential)	10/20 feet

Nonresidential Regulation	Standard
Accessory Buildings	see Section 4.5100
Fencing Regulations	see Section 4.5200
Landscaping/Streetscaping Regulations	see Section 4.5400
Masonry, Architecture Design & Building	see Section 4.5500
Parking Regulations	see Section 4.5600
Signage Regulations	see Section 4.6000

(Ordinance 2013-24, sec. 4.701, adopted 7/9/13)

§ 4.800 PURPOSE.

The purpose and intent of this district is intended to establish and preserve industrial areas for heavy manufacturing uses which by their nature may not be compatible with commercial or other manufacturing uses. Provision is also made for the location in this district of uses which may have characteristics of a noxious nature, along with the imposition of reasonable standards for the protection of adjacent uses.

(Ordinance 2013-24, sec. 4.800, adopted 7/9/13)

§ 4.801 DISTRICT REGULATIONS & STANDARDS.

District Regulation	Standard
Minimum Lot Area	No minimum
Minimum Lot Width	No minimum
Maximum Lot Coverage	85%
Maximum Height	No max.
Minimum Masonry Coverage	70%
Minimum Front Yard Setback	25 feet
Minimum Side Yard Setback (street/nonresidential/residential)	15/0/20 feet
Minimum Rear Yard Setback (street/nonresidential/residential)	10/20 feet

Nonresidential Regulation	Standard
Accessory Buildings	see Section 4.5100
Fencing Regulations	see Section 4.5200
Landscaping/Streetscaping Regulations	see Section 4.5400
Masonry, Architecture Design & Building	see Section 4.5500
Parking Regulations	see Section 4.5600
Signage Regulations	see Section 4.6000

(Ordinance 2013-24, sec. 4.801, adopted 7/9/13)

§ 4.802 PERFORMANCE STANDARDS.

The following are maximum accepted levels of noise, vibration, smoke, particulate matter and toxic and noxious matter allowable for industrial uses. If the proposed use emits sanitary sewage effluent containing industrial wastes or other effluent into City of Midlothian sanitary sewage system which is considered by the City Engineer to be unusual or damaging to the sanitary sewage systems, a description of methods of pretreatment of the effluent must accompany the development Site Plan. The performance standards report may be waived by the Zoning Administrator if the proposed use is considered not to produce the listed effects.

Noise:

The day-night average sound level at the property line shall not exceed 75 decibels, unless the property line adjoins property zoned for residential uses where the maximum day-night average sound level shall not exceed 65 decibels. The day-night average sound level (Ldn) is the 24-hour average sound level, in decibels, obtained after addition of 10 decibels to sound levels in the night from 10 p.m. to 7 p.m.

Vibration:

At the point of measurement taken on the property line of the source property which has the highest reading, the sound pressure level or impact level of any operation or plant shall not exceed the decibel limits for the octave bands designated in Column 1 below, unless the point of measurement is located on a property line of a residential district in which case the limits set forth in Column II shall apply.

Frequency (Cycles/Second)	Column I Displacement (inches)	Column II Displacement* (inches)
0 to 10	0.0022	0.0008
11 to 20	0.0016	0.0005
21 to 30	0.0010	0.0002
31+	0.0005	0.0001

*Steady State: Vibrations, for the purpose of this Chapter, which are continuous or, if in discrete pulses, are more frequent than 60 per minute. Impact vibrations, that is discrete pulses which do not exceed 60 pulses per minute, shall not cause in excess of twice the displacement stipulated.

Smoke, Particulate Matter and Visible Emissions:

Smoke or visible emissions emitted from any vent, stack, chimney, skylight, or window shall not exceed an opacity of 20% averaged over a 5-minute period. Any emission of air pollutant must be in accordance with the requirements of the State of Texas. Emissions shall not exceed any of the following net ground level concentrations:

100 micrograms per cubic meter of air sampled, averaged over any 5 consecutive hours.

200 micrograms per cubic meter of air sampled, averaged over any 3 consecutive hours.

400 micrograms per cubic meter of air sampled, averaged over any 1 hour.

Toxic and Noxious Matter:

The handling, processing, storage and disposal of hazardous, toxic or noxious materials within this district shall be in accordance with applicable State and Federal laws and regulations. In addition, the Planning and Zoning Commission may establish additional performance standards, including setbacks, berms, and buffers for the sitting of facilities which handle, treat, store or dispose of potentially hazardous or dangerous materials.

Other Codes and Ordinances:

Other codes as normally enforced by the City, such as the Uniform Building Code, electrical codes, plumbing codes, etc. shall also apply to all construction which may occur within the “HI” Heavy Industrial District[.]

Additional Standards:

The Planning and Zoning Commission may establish additional performance standards to protect neighboring areas and land uses from potential industrial hazards and nuisances.

(Ordinance 2013-24, sec. 4.802, adopted 7/9/13)

§ 4.5100 ACCESSORY BUILDING STANDARDS.

The following uses shall be permitted as accessory uses for nonresidential uses:

Mechanical equipment used for the operation and maintenance of the primary structure. This equipment shall be located no more than 120 feet to any residentially zoned district.

Screened garbage storage on a concrete pad shall be located at least 50 feet away from a residentially zoned district and not located between the front of the building and any street right-of-way.

Parking of automobiles, provided that such facilities are within 60 feet of a residentially zoned district shall be screened and/or fenced in accordance with the requirements listed in Section 4.5200 and/or 4.5400.

Any outdoor storage building shall be consistent with the same building materials as the primary building and be placed towards the rear of the primary building within the allowable setbacks for that zoning district and have a height that does not exceed 10 feet and away from any public right-of-way.

All accessory buildings, tool sheds and other utility structures shall comply with all setback lines established below:

less than 400 square feet: 3 feet side and rear yard setback

between 400 - 900 square feet: 6 feet side and rear yard setback

greater than 900 square feet: must meet setbacks of principal structure

Shipping containers shall not be used as accessory buildings except as follows:

No more than one (1) shipping container is permitted to be located on a lot or parcel within a Medium Industrial (MI) District or Heavy Industrial (HI) District, or a Planned Development District with a base zoning of Medium Industrial (MI) District or Heavy Industrial (HI);

The shipping container must be located on a lot or parcel with an area of not less than 5 acres;

The shipping container shall be one color, non-reflective, and of earth-tone shades; and

The shipping container shall be completely screened from public view and located behind primary structure.

Notwithstanding anything in this subsection c) to the contrary, a shipping container that would not be permitted in accordance with paragraphs 1), 2), 3), and/or 4), above, may be used as an accessory building on a lot or parcel within a Medium Industrial (MI) District, Heavy Industrial (HI) District, or a Planned Development District with a base zoning of Medium Industrial (MI) District or Heavy Industrial (HI) following approval of a Specific Use Permit approving such use subject to such conditions and regulations set forth in the ordinance granting said Specific Use Permit. The following factors will be considered in granting a Specific Use Permit pursuant to this subsection c):

the area of the tract or parcel;

ii)

visibility from public streets and adjoining property; and

iii)

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

(Ordinance 2013-24, sec. 4.5100, adopted 7/9/13; Ordinance 2022-21 adopted 5/10/22)

§ 4.5200 PURPOSE.

The standards set forth in this Section are established to encourage the suitable use of land while advancing the following goals of the City: to preserve privacy; ensure safety, protect the character, stability and value of adjacent land and development; and, enhance the aesthetic quality of the City’s neighborhoods and streetscapes. No fence or screening device shall be constructed or placed in such a manner as would endanger the health or safety of the general public.

(Ordinance 2013-24, sec. 4.5200, adopted 7/9/13)

§ 4.5201 FENCE REFERENCE TABLE.

Your Property	Adjacent Zoning or Use	Is Fence Required	Primary fence material, if installed
Nonresidential	Nonresidential	No
Nonresidential	Public right-of-way (any road classification)	Depends on use (refer to Section 3.5200 or 4.5200)	Masonry fence with decorative landscaping and/or ornamental iron with decorative landscaping
Nonresidential	SF Residential or Multifamily	Yes (refer to Section 3.5200 or 4.5200)	Both require masonry fence with decorative landscaping

(Ordinance 2013-24, sec. 4.5201, adopted 7/9/13)

§ 4.5202 GENERAL STANDARDS.

The requirements in this Section shall apply to all fences and screening devices in all zoning districts within the City. These standards shall apply to both required and optional screening fences. Fences not required may be removed without any penalty.

A fence permit shall be required and obtained from the Building Inspections Department prior to its installation or construction, whether or not said device is required[.]

The fence or screening device shall be located entirely on private property and no part of said device shall be in the public right-of-way. Typically, fences may be placed within one foot of the right-of-way.

No fence, screen wall, or visual barrier shall be constructed or located where it obstructs the vision of motor vehicle drivers approaching any street or intersection.

All fences, screen walls, or visual barriers must comply with the visibility requirements and policies established by the City Engineer.

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 fence or screening device to ensure said device will not obstruct visibility and that there are no traffic safety issues.

Any required fencing or screening wall shall be in place before the final acceptance of a development’s public improvements or Certificate of Occupancy, if applicable[.]

When a fence or screening device is built in phases for a development, the color, height, style, and exterior finish for all phases shall be matched as closely as possible, and shall in no case be incompatible.

The fence or screening device shall be equally finished on both sides.

No Certificate of Occupancy (CO) will be issued until all required fencing or screening devices have been erected in accordance with the standards set forth by this Section, the Subdivision Ordinance, and the Zoning Ordinance. This requirement, however, shall not apply to conditional COs issued for model homes used for the sole purpose of marketing and sales.

The height of a screening device shall be the vertical distance from the ground level to the top of the fencing or screening device.

No fence or other screening device, whether required or optional, shall have a height greater than 8 feet 3 inches above the highest adjacent grade located within 10 feet of the fence. No fence or screening device located in the front yard area shall exceed a height of 4 feet; however, no fence or screening device shall be allowed within the front yard between the building setback and the right-of-way lines.

When a screening device is required as a buffer between two different zoning districts, it shall be the responsibility of the owner of the more intensely zoned property to erect the required screening at the time of building construction, if such screening device does not exist.

The following types of fence or screening device are prohibited:

No fence shall be electrically charged, except for fences or screening devices that are:

used to enclose livestock on undeveloped tracts 3 acres or greater in area; and

ii)

located more than 200 feet from any residence used for human habitation, other than a residence owned and occupied by the person responsible for said fence or screening device.

No fence, guy wire, brace, or any post of any fence shall be constructed upon or caused to protrude over property that the City or general public owns or has an easement over, under, around, or through, without first obtaining permission from the City. This provision does not apply to utility easements, which are permitted to be fenced.

Fences constructed of barbed wire on undeveloped land less than 3 acres and walls topped with broken glass or surface[d] with any like material shall be prohibited.

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 of Section 5.202(i) [sic]. 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. 4.5202, adopted 7/9/13)

§ 4.5203 NONRESIDENTIAL TO RESIDENTIAL FENCE STANDARDS.

For this Section, nonresidential districts shall be defined and effect [affect] the following uses: commercial, retail, industrial, multifamily residential.

A fence or screening device is required for nonresidential property abutting any residential district.

Additional requirements for fence or screening devices used to provide screening between nonresidential and residential districts are as follows:

Such a required fence is limited to a masonry or reinforced concrete wall of at least 6 feet in height.

Such a required fence shall also meet the requirements and standards set forth by this section and Section 3.5200.

If the screening fence is required to screen a multifamily use from a single-family residential use or any nonresidential use, the fence shall be comprised of masonry only.

The owner of the nonresidential use property shall properly maintain all required screening devices in perpetuity. Failure to do so shall constitute a violation of this ordinance.

(Ordinance 2013-24, sec. 4.5203, adopted 7/9/13)

§ 4.5204 NONRESIDENTIAL ABUTTING PUBLIC RIGHT-OF-WAY.

A fence or screening device is not required for nonresidential-zoned properties or nonresidential uses abutting a public right-of-way, as long as there is no outdoor storage, display, manufacturing or customary operations of the business, except passenger vehicle parking.

If such a fence is installed or there is outdoor storage, display, manufacturing or customary operations of the business, it shall either require a masonry wall or wrought iron/ornamental iron placed with masonry columns as stated within this Section. In no case shall any other type of screen device or fencing be allowed adjacent to public rights-of-way (e.g. chain-link fencing is prohibited in such cases). Any vegetative screening such as hedges, berm or other natural barrier shall require approval from the Planning Director and/or the Planning & Zoning Commission and/or City Council.

In addition, a 20-foot landscape easement shall first be placed adjacent to the right-of-way prior to the installation of the required fence.

Said easement shall be landscaped with street trees placed every 30 feet spaced on center with minimum 5-gallon shrubs in between providing an overall coverage of 75%, all in accordance with Section 4.5400.

The owner of the nonresidential-zoned property or nonresidential use shall properly maintain all screening devices in perpetuity. Failure to do so shall constitute a violation of this ordinance.

(Ordinance 2013-24, sec. 4.5204, adopted 7/9/13)

§ 4.5205 OFF-STREET LOADING/DUMPSTER SCREENING.

Off-street loading areas shall be adequately screened from view of any residentially zoned property or public street[.]

Outside storage areas shall be located in the rear yard away from any public visibility.

Outside storage of trash/recycling receptacle or any garbage, refuse and trash/recycling collection shall be placed at the rear or sides of the building and meet the following conditions:

Trash or dumpster area that meets or exceeds the masonry coverage of the principal building and matches the exterior materials of the facade of the building.

Screening wall or fence shall be at least 6 feet in height.

Such structure shall have an opaque door that shall remain closed at all times.

Exceptions

A periodic market held in an open area, such as a farmers’ or flea market are not subject to the outdoor storage regulations.

Construction activities.

Outdoor Christmas tree sales (1 week before Thanksgiving through December 31 of that same year).

(Ordinance 2013-24, sec. 4.5205, adopted 7/9/13; Ordinance 2016-51, sec. 1(E), adopted 12/13/16)

§ 4.5206 SALVAGE & JUNK YARDS.

All wrecking yards and salvage yards with open storage of wrecked or salvaged automobiles, machinery, appliances, or other used commodities and equipment shall be screened as follows:

A solid, opaque screening fence or wall shall surround such open storage area. This fence or wall shall have a minimum and maximum height of 8 feet and 12 feet, respectively. Fence or wall materials must comply with this Ordinance.

In no instance will material be allowed to be stacked to a height that exceeds the height of the fence.

(Ordinance 2013-24, sec. 4.5206, adopted 7/9/13)

§ 4.5207 OTHER REQUIREMENTS.

Nonresidential fences shall also meet any other requirements found in Section 3.5200, 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 any maintenance requirements. 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. 4.5207, adopted 7/9/13)

§ 4.5401 PURPOSE.

These landscaping regulations provide standards and criteria for new landscaping which are intended to promote the value of property, enhance the welfare, and improve the physical appearance of the City. The standards contained in this Section are deemed to be minimum standards and shall apply to all new construction occurring within all the nonresidential zoning districts, including multifamily residential.

(Ordinance 2014-34 adopted 8/26/14)

§ 4.5402 PERMITS.

No permits shall be issued for building, paving, grading or construction until a landscape plan is submitted and approved by the Director of Planning. In the event that the proposed development requires an approved, subdivision plat, site plan, or master development plan, no such final approval shall be granted unless a landscape plan is submitted and approved.

Prior to the issuance of a certificate of occupancy of any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan.

In any case in which a certificate of occupancy is sought at a season of the year in which the Director of Planning determines that it would be impractical to plant trees, shrubs or grass, or to lay turf, a certificate of occupancy may be issued notwithstanding the fact that the landscaping required by the landscape plan has not been completed provided the applicant posts a letter of credit or deposits cash in an escrow account in the amount of the estimated cost of such landscaping. Such letter of credit or escrow deposit shall be conditioned upon the installation of all landscaping required by the landscaping plan within 6 months of the date of the application and shall give the City the right to draw upon the letter of credit or escrow deposit to complete the said landscaping if the applicant fails to do so.

(Ordinance 2014-34 adopted 8/26/14)

§ 4.5403 SIGHT DISTANCE AND VISIBILITY.

Landscape planting shall not be erected or installed in such a manner as to interfere with traffic view or impose a safety hazard. Rigid compliance with these landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an intersection of 2 or more public rights-of-way occurs, a triangular visibility area as described below shall be created. Landscaping within the triangular visibility area shall be designed to provide unobstructed cross-visibility at a level between 3 and 6 feet. Trees may be permitted in this area provided they are trimmed in such a manner that no limbs or foliage extends into the cross-visibility area. The triangular areas are:

The areas of property on both sides of the intersection of an alley access way and public right-of-way shall have a triangular visibility area with 2 sides of each triangle being a minimum of 10 feet in length from the point of intersection and the third side being a line connecting the ends of the other two sides.

The areas of property located at a corner formed by the intersection of 2 or more public rights-of-way shall have a triangular visibility area with 2 sides of each triangle being a minimum of 25 feet in length from the point of intersection and the third side being a line connecting the ends of the other 2 sides.

Landscaping, except required grass and low ground cover, shall not be located closer than 3 feet from the edge of any access way pavement.

In the event other visibility obstructions are apparent in the proposed landscape plan, as determined by the Planning Director; the requirements set forth herein may be reduced to the extent to remove the conflict.

(Ordinance 2014-34 adopted 8/26/14)

§ 4.5404 GENERAL STANDARDS AND SPECIES.

All required landscaped areas shall be completely covered with living plant material. Landscaping materials such as wood chips and gravel may be used under trees, shrubs, and other plants. Plant materials used in conformance with the provisions of this Ordinance shall conform to the standards of the American Standard for Nursery [Stock], or equal thereto. Whenever possible, drought-resistant and native species of trees, grasses, and shrubs are encouraged. Grass seed, sod, and other material shall be clean and reasonably free of weeds and noxious pests and insects. All plants used to satisfy this ordinance shall be of a species common or adaptable to this area of Texas and have all been suited for xeriscape planting methods as well. The following is a list of recommended plants. Plant material not on this list must be approved by the Planning Director or designated representative before installation. The following criteria and standard shall apply to landscape materials and installation:

Trees shall have an average spread of crown of greater than 15 feet at maturity. Trees having a lesser average mature crown of 15 feet may be substituted by grouping the same so as to create the equivalent of 15 feet crown of spread. Overstory trees shall be a minimum of (i) four (4) caliper inches in diameter (measured 12 inches above the ground at the base of the tree trunk) and (ii) seven (7) feet in height at time of planting. Accent trees shall be a minimum of one (1) caliper inch in diameter (measured 6 inches above the ground at the base of the tree trunk) and (ii) five (5) feet in height at time of planting. The following list of trees may be used when landscaping.

RECOMMENDED TREES
Ornamental/Accent Trees: Small 15-25 feet; Medium 25-40 feet Overstory/Canopy Trees: Large 40-60 feet
Common Name	Scientific Name	Height	Remarks	Shade Area
Anacacho, Orchid tree*	Bauhania congesta	S-M	Semi-Evergreen, tree-shrub, white flower clusters	275
Anaqua*, Sandpaper tree	Ehretia anacua	M-L	Evergreen broadleaf; white flower clusters	875
Arizona Cypress	Cupressus arizonica	M-L	Evergreen conifer; gray green foliage; pyramidal shape	875
Texas Ash*, Green Ash	Fraxinus sp.	M-L	Deciduous; fast growing	875
Ashe Juniper*	Juniperus ashei	S-M	Evergreen conifer; green foliage, females fruit	275
Bald Cypress*	Taxodium distichum	L	Deciduous conifer; fine textured foliage; fall color	1200
Bur Oak*	Quercus macrocarpa	L	Deciduous; large acorns and leaves, good shade tree	1200
Carolina Buckthorn*	Rhamnus caroliniana	S-M	Semi-Evergreen; sun-shade, glossy leaves, reddish fruit	275
Cedar Elm*	Ulmus crassifolia	M-L	Deciduous; narrow canopy, good shade tree for R.O.W.s	875
Chinquapin Oak*	Quercus muhlenbergii	M-L	Deciduous; round-topped tree; bold foliage	875
Condalia, Brazil Tree, Bluewood Condalia*	Condalia hookeri, C. viridis	S-M	Evergreen; delicate foliage; very drought tolerant; sun-shade, good shade tree	275
Crabapple, Texas*	Mollis texana	S-M	Deciduous, full to partial sun, spring flowering tree	275
Ebony, Texas*	Pithecellobium flexicaule	S	Evergreen; sun; white flowers	n/a
Escarpment Black Cherry*	Prunus serotina var. eximia	M-L	Deciduous; sun to shade; fall foliage	875
Eve’s Necklace*	Sophora affinis	M-L	Deciduous; sun-shade; white to pink flowers	875
Goldenball Lead Tree*	Leucaena retusa	S-M	Deciduous; delicate foliage; fragrant yellow flowers	275
Huisache*	Acacia farnesiana	M	Deciduous; delicate foliage; fragrant yellow flowers	550
Kidneywood*	Eysenhardtia polystachya	S	Deciduous; delicate tree-shrub; fragrant white flowers	n/a
Lacy Oak*	Quercus laceyi	M	Deciduous; sun-partial shade; hill county native, good shade tree	550
Live Oak*	Quercus virginiana	M-L	Evergreen-like; good shade tree	875
Monterrey Oak	Quercus polymorpha	S-M	Evergreen-like; good shade tree	875
Mexican Buckeye*	Ungnadia speciosa	S	Deciduous; pink-red spring flowers	n/a
Pecan*	Carya illinoensis	L+	Deciduous; needs lots of space; sensitive to root impact	1200
Persimmon, Texas*	Diospyros texana	S-M	Deciduous; sun-shade, smooth bark; females have black pulpy fruit	275
Plum, Mexican*	Prunus mexicana	S	Deciduous; sun to shade; white flowers, fruit	n/a
Possum Haw*	Ilex deciduas	S-M	Deciduous; sun-shade; female has red fruit	275
Retama, Paloverde*	Parkinsonia texana	S-M	Deciduous; fast growing, yellow flowers	275
Red Oak, Shumard*	Shumard Quercus shumardii	L	Deciduous; fall color, good shade tree	1200
Red Oak, Texas*	Quercus texana	M	Deciduous; fall color, good shade tree	550
Redbud, Texas, Oklahoma, Mexican*	Cercis canadensis var texana	S-M	Deciduous; sun-shade, red/pink or white flowers	275
Rusty Blackhaw*	Viburnum rufidulum	S	Deciduous; fall color, white flower clusters	n/a
Silk-tassle*	Garrya ovata	S	Evergreen; sun-shade	n/a
Sycamore, Mexican	Platanus mexicana	L+	Deciduous; large leaves, good shade tree	1200
Sycamore, Texas *	Platanus glabrata	L+	Deciduous; large leaves, good shade tree	1200
Texas Mountain Laurel*	Sophora secundiflora	S	Evergreen, part shade to full sun; fragrant purple flowers	n/a
Texas Pistache*	Pistacia texana	S	Semi-Evergreen; full sun to part-shade; red fruit	n/a
Wafer Ash, Hop tree*	Ptelea trifoliata	S	Semi-Evergreen; sun-shade; light green foliage	n/a
Western Soapberry*	Sapindus drummondii	M-L	Deciduous; full to partial sun; good shade tree, large yellow flower clusters	875
Wild Olive*	Cordia boisserieri	S-M	Semi-Evergreen; large white flowers, hardy to 14ºF	275
Yaupon Holly*	Ilex vomitoria	S-M	Evergreen; sun-shade; female has red fruit	275

*Texas Native

The trees listed below shall not be used to fulfill the planting requirements of this Ordinance.

PROHIBITED TREES
Common Name	Scientific Name
Arizona Ash	Fraxinus velutina “Arizona”
Bois D’arc	Maclura pomifera
Cottonwood	Populus deltoides
Siberian Elm	Ulmus pumila
Silver Maple	Acer saccharinum
Mimosa	Albizzia julibrissen
Mulberry	Morus alba
Lombardy Poplar	Populus nigra italica
Chinese Tallow	Sapium sebiferum
Arborvitae	Thuja accidentalis
Willow all species

Shrubs and hedges shall be a minimum of 1 foot in height when measured immediately after planting. Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen, which will be 2 feet high within 1 year after time of planting. The following list of shrubs and hedges may be used when landscaping.

RECOMMENDED SHRUBS
Large (not taller than 25 feet at maturity)
Common Name	Scientific Name	Height	Remarks
Bay	Laurel noblis	6'-12'	Evergreen, sun-part sun, fragrant leaves
Buckeye*	Aesculus pavia	6'-12'	Deciduous (even in dry weather), shade, yellow or red flowers
Evergreen Sumac*	Rhus virens	4'-15'	Evergreen, sun-shade, red fruit
Flameleaf Sumac*	Rhus lancelota	5'-15'	Sun-partial shade; deciduous; red berries in fall; fall color
Texas Mountain Laurel*	Sophora secundiflora	10'-25'	Tree-like evergreen shrub; purple spring flowers; sun, part shade
Texas Pistache	Pistacia texana	6'-12'	Semi-evergreen, sun

Medium (5-10 feet at maturity)
Common Name	Scientific Name	Height	Remarks
Glossy Abelia	Abelia grandiflora	5'-9'	Bronze evergreen foliage; white or pink; sun, part-shade
Agarita*	Mahonia trifoliata	5'-9'	Holly-like evergreen foliage; yellow spring; red edible berries; sun-shade
Cenizo, Texas Sage*	Leucophyllum sp.	5'-9'	Dusty gray evergreen foliage; sun; blooms throughout summer; purple-pink flowers; several new varieties; including compact
Elbow Bush*	Forestiera pubescens	3'-6'	Deciduous; sun-shade, small white flowers, black fruit
Fragrant Sumac*	Rhus aromatica	3'-6'	Deciduous; part shade, fall color
Hogplum*	Colubrina texenis	4'-6'	Part shade, full sun; fragrant blooms
Juniper	Juniperus sp.	5'-10'	Tough evergreen; many varieties; sun, part shade
Mutablis Rose, Butterfly Rose, Old Blush	Rosa chinensis x (Mutablis)	3'-5'	Sun, large single petal flowers change color as ages
Pomegranate	Punica granatum	5'-10'	Sun, upright shrub; orange blooms; edible fruit; dwarf variety
Primrose Jasmine	Jasminum mesnyi	5'-8'	Evergreen, sun-shade, sprawling, yellow flowers
Southern Wax Myrtle	Myrica cerifera	3'-8'	Evergreen, sun-shade, compact variety available
White Brush*	Aloysia gratissima	4'-8'	Delicate; fragrant white flower; suckers, can be used as hedge

Small (not taller than 5 feet at maturity)
Common Name	Scientific Name	Height	Remarks
American Beautyberry	Callicarpa americana	3'-4'	Deciduous, fruit in fall and winter, purple; part shade
Agave, century plant	Agave americana	3'-5'	Sun, rosette, spine-tipped leaves
Barbados Cherry	Malpighia glabra	2'-4'	Evergreen, pink flowers, red fruit, sun-shade
Barberry	Berberis thunbergii atropurpurea	3'-5'	Evergreen; sun-part shade, color foliage
Grayleaf Cotoneaster	Cotoneaster glaucophylla	3'-5'	Sprawling evergreen shrub; dusty gray foliage; sun, part shade
Juniper	Juniperus sp.	2'-5'	Evergreen shrubs; many varieties available; sun
Mexican Butterfly Weed	Asclepias tuberosa	3'	Broad clusters of orange flowers
Mexican Oregano	Poliomentha longiflora	2'-3'	Evergreen, sun, pink flowers
Rock rose*	Pavonia lasiopetala	2'-4'	Deciduous; sub-shrub, pink or purple flowers
Rosemary, Upright	Rosemarinus officinalis	3'-5'	Evergreen, sun-part shade; blue flowers
Red Yucca*	Hesperaloe parviflora	3'-4'	Sun, rosette, narrow leaves
Yucca*	Yucca spp.	3'-4'	Sun, rosette, narrow leaves, white flowers

*Texas Native

The shrubs listed below shall not be used to fulfill the planting requirements of this Ordinance.

PROHIBITED SHRUBS
Common Name	Scientific Name
Euonymus	Euonymus japonicus
Ligustrum	Ligustrum japonicum
Pittosporum	Pittosporum tobira
Loquat	Eriobotrya japonica
Oleander	Nerium oleander

Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within 1 year of planting. The following list of ground covers may be used when landscaping.

GROUND COVER
Common Name	Scientific Name	Height	Remarks
Asiatic Jasmine	Trachelospermum asiaticum	n/a	Evergreen; green or variegated foliage; sun, part shade, no flowers
Columbine Hinckley Columbine*	Aquilegia spp. A. hinckleyana	n/a	Evergreen, gray/green foliage, yellow flowers
Confederate Jasmine	Trachelospermum jasminoides	n/a	Evergreen; fragrant, white spring flowers; sun, part shade
Frogfruit*	Phla incise (nodiflora)	n/a	Semi-evergreen, creeper, sun-part sun, white flowers
Lantana purple, gold	Lantana sp.	n/a	Deciduous, sun, purple, white or yellow flowers
Pigeonberry*	Rivina humilis	1'-2'	Semi-evergreen shrub
Rosemary, prostrate	Rosmarinus officinalis	1'-2'	Evergreen sub-shrub, sun to part sun, blue flowers
Santolina	Santolina sp.	1'-2'	Species with green or silver foliage; sun
Trailing Juniper	Juniperus sp.	n/a	Several varieties available; not suitable for wet, humid areas; sun
Verbena*	Verbena spp.	n/a	Evergreen, pink, purple, white, red flowers
Yarrow	Achillea millefolium	n/a	Gray or green gray leaves; many varieties

*Texas Native

Vines shall be a minimum of 2 feet in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet screen requirements as specified. The following list of vines may be used when landscaping.

VINES
Common Name	Scientific Name	Height	Remarks
Autumn Clematis	Clematis sp.	n/a	Evergreen; fragrant white fall; sun, part shade
Carolina Jessamine*	Gelsemium semervirens	n/a	Evergreen; yellow spring; sun, part shade
Confederate Jasmine	Trachelospermum jasminoides	n/a	Evergreen; fragrant white spring; sun, part shade
Coral honeysuckle*	Lonicera sempervirens	n/a	Almost Evergreen; red blooms; part shade to full sun
Coral vine, Queen’s wreath	Antigonon leptopus	n/a	Pink flowers in late summer and fall; sun
Fig Ivy	Ficus pumila (repens)	n/a	Evergreen; clings to walls; sun, part shade
Lady Banksia	Rosa banksia	n/a	Evergreen, flowers in yellow or white; sun-part shade
Scarlet Clematis*	Clematis texana	n/a	Shade to part shade, spring and summer blooms; red, rust, maroon, or rose-pink
Silverlace Vine	Polygonum ambertii	n/a	Fluffy masses of white; sun, part shade
Virginia Creeper*	Parthenocissus quinquefolia	n/a	Deciduous

*Texas Native

Lawn grass areas may be sodded, plugged, sprigged, or seeded except that solid sod shall be used in swales, berms, or other areas subject to erosion.

GRASSES, TURF
Common Name	Scientific Name	Height	Remarks
Bermuda grass	Cynodon dactylon	n/a	Excellent drought tolerance; poor shade tolerance; sun
Buffalograss*	Buchloe dactloides	4"-6"	Excellent drought tolerance; poor shade tolerance; sun
Prairie mix	n/a	8"-12"	Mixture of Texas native Bunch, can add wildflowers
St. Augustine grass	Stenotaphrum secundatum	n/a	Produces dense turf; shade areas only; poor drought tolerance; sodded

*Texas Native

The following list of plant materials may also be used when landscaping:

PERENNIALS
Common Name	Scientific Name	Height	Remarks
Butterfly Weed	Asclepias spp.	3'	Semi-hardy perennial, orange flowers
Cigar Plant	Cuphea micropetala	3'-4'	Red, yellow; summer to fall flowers; sun
Fall Aster	Aster spp.	2'-3'	Semi-evergreen, sun-part sun, blue or white
Firebush	Hamelia patens	3'-5'	Reddish orange; summer to fall flowers; sun
Hinckley’s Columbine*	Aquilegia hinckleyana	18"	Yellow; spring flowers; shade
Indigo Spires	Sage Salvia spp.	2'-3'	Semi-evergreen, sun, dark blue flowers
Lantana	Lantana sp.	1'-2'	Many colors; spring to fall flowers; sun
Mealy Cup Sage*	Salvia farnacea	3'	Sun, part shade; blue, white, purple flowers
Mexican Oregano	Poliomentha longiflora	1'-3'	Evergreen; tolerates shade; purple, pink, white flowers, suckers
Mexican Petunia	Ruellia sp.	1'-3'	Evergreen; tolerates shade; purple, pink, white flowers, suckers
Mexican Sage	Salvia leucantha	3'-4'	Semi-evergreen; blue; spring to fall flowers; sun
Mist flower, Boneset	Eupatorium spp. and Ageratum spp.	2'-4'	Hardy perennial, white to blue flowers
Muhly Grass*	Muehlenbergia lindheimeri	3'	Evergreen; hardy perennial; sun
Pigeonberry*	Rivina humilis	1'-2'	Semi-evergreen shrub
Purple Cone Flower*	Echinacea purpurea	2'	Hardy perennial, rosette with pink or white flowers
Perennial verbena*	Glandularia bipinnatifida	6"-1'	Many colors; spring to fall flowers; sun
Rock rose*	Pavonia lasiopetala	2'-4'	Deciduous; sub-shrub, pink or purple flowers
Rosemary	Rosmarinus officinalis	1'-4'	Sun, part shade; blue flowers
Shrimp Plant	Justicia spp.	1'-2'	Hardy perennial, sun-part sun; orange, red flowers
Skullcap*	Scutellaria frutescens	1'	Evergreen sub-shrub; pink or purple flowers
Texas Betony*	Stachys coccinea	1'-2'	Evergreen, gray-green; red tubular flowers
Tropical Sage*	Salvia coccinea	2'-3'	Evergreen, red, pink blooms; part shade to full sun
Turk’s Cap*	Malvaviscus drummondii	1'-4'	Shade; red flowers
White Rain Lily*	Zephyranthes candida	1'	Ephemeral; sun, part shade; white

*Texas Native

ORNAMENTAL GRASSES
Common Name	Scientific Name	Height	Remarks
Big Bluestem*	Andropogon gerardi	1'-2'	Sun, clump grass
Eastern Gamagrass*	Tripsacum dactyloides	2'-3'	Dense, part shade, full sun
Inland Seaoats	Chasmanthium latifolium	2'-4'	Shade, dappled shade, part shade
Little Bluestem*	Schixachyrium scoparium	1'-2'	Evergreen, part shade, full sun
Maiden Grass	Miscanthus sinensis	3'-5'	Full sun, part shade, specimen or screening
Muhly Grass*	Muehlenbergia lindheimeri	2'-5'	Evergreen, part shade, full sun
Purple Fountain Grass	Pennisetum setaceum ‘Rubrum’	2'-3'	Delicate color accent; full sun
Sideoats Grama*	Boutelous curtipendula	2'-3'	Dappled shade, part shade, full sun
Switchgrass*	Panicum virgatum	3'	Part shade, full sun

*Texas Native

RIPARIAN AND AQUATIC
Common Name	Scientific Name	Height	Remarks
Button Bush*	Cephalanthus occidentalis	6'-10'	Large, deciduous shrub, sun, white ball shape flowers
Indigobush*	Amporpha fruiticosa	6'-10'	Large, deciduous shrub, shade-sun, spikes of purple flowers
Roughleaf Dogwood*	Cornus drummondii	6'-15'	Large, deciduous shrub or tree, shade-sun, clusters of white flowers
Crab Apple*	Crategus texana	8'-15'	Large, deciduous shrub or tree, shade-sun, large clusters of white flowers
Wooly Rosemallow*	Hibiscus lasiocarpus	3'-6'	Large shrub, white to rose flowers
Edwards Plateau Sedge*	Carex microdonta	1"-7"	Rhizomatous perennial, calcareous soils
Bear Grass*	Nolina sp.	2'-3'	Large clump grass-like, shade-sun, good for bank stabilization
Purple Iris	Iris brevicaulis	1'-1.5'	Hardy perennial, purple flowers
Pickerelweed*	Pontoderia cordata	5' [5"]-1'	Aquatic edge, sun, spikes of purple flowers
Horsetail	Equisetum laevigatum	1'-1.5'	Rhizomatous, grass-like, shade-sun, water edge
Blue Water Lily*	Nymphaea	n/a	Floating, semi-sun-sun
Pond Weed	Potamogeton illinoiensis	8"-16"	Rhizomatous, whorls of purple flowers

*Texas Native

(Ordinance 2014-34 adopted 8/26/14; Ordinance 2017-75, sec. 1, adopted 10/10/17)

§ 4.5405 XERISCAPE STANDARDS AND PRINCIPLES.

Purpose.

The city recognizes that it is desirable to accommodate xeriscape practices by using the principles explained in this ordinance within the city. This chapter is intended to provide principles for xeriscaping. Each principle must be considered during the planning and design phase, as the sequence of installation is also very important in assuring a successful xeriscape.

Xeriscape Principles.

Xeriscape is a method of landscaping that promotes water conservation. Rather than a specific “look” or a limited group of plants, xeriscape is a combination of seven basic landscaping principles. These principles are explained below in the order a landscape planner or property owner would consider to install the best possible landscape. Each principle must be considered during the planning and design phase, as the sequence of installation is also very important in assuring a successful xeriscape.

Plan and design comprehensively.

Have a plan. Consider the view, slope, exposure and soils of the area. Take into account the existing vegetation and topography of the site and intended use. Decide where & where things will be. Most landscapes are best done in phases. A mixture of various heights of plants should be within the planned or designed area, and arranged in an aesthetically pleasing manner.

Evaluate soil and improve if necessary.

Soils can vary within a given site; an analysis based on random sampling can provide information for plant selection and soil amendments. The soils in North Texas range from clay to sand, and both are low in organic material. Whether clay or sand, the soil in your landscape will benefit from the addition of sphagnum peat moss, compost, aged manure or other decomposed organic materials. This will improve root development and water penetration and retention. Consult with a local nursery or Texas Argi Life Extension Services on how to improve the soil before planting and installing the irrigation system.

Create practical turf areas.

The type and location of turf areas should be considered a major design element of the landscape. The selection and location of turf should be decided on the same basis as other plantings, such as your purpose and function of the landscape. The reduction or elimination of high-water-use turf areas, and locating them separately so that they may be watered more efficiently, can result in significant reductions in water use. Turf grass areas shall be consolidated and limited to those areas on the site that receive pedestrian traffic and provide for recreation use.

Use appropriate plants.

Most plants have a place in xeriscape - even those that have high water needs. Plant selection should be based on the plant’s adaptability to the existing conditions present at the landscaped area and native plant communities, particularly considering appropriate hardiness zone, soil type and moisture conditions, light, mature plant size, desired effect, color and texture. Plant species that are drought and freeze tolerant are preferred. Use of more plants with low water needs and native plants will allow the maximum water conservation.

Water efficiently.

If an irrigation system is to be installed, it should be well planned and well managed. Turf areas should be watered separately. Group plants with like water needs, and water each group on separate zones. Not all plants need the same amount of water. Irrigation needs change with the season and the weather. Irrigate according to the needs of the plants rather than watering on a fixed schedule. Even plants used in xeriscape will require supplemental irrigation until they become established, which can take between two to three years.

Use organic mulch.

Mulch minimizes evaporation, reduces weed growth, slows erosion and helps prevent soil temperature fluctuations. Organic mulch such as wood chips or bark is best, and although this mulch will decompose slowly over time, it will improve the soil by adding nutrients. The use of plastic is not recommended because it will cause organic mulch to slide or shift in location, preventing air and water from filtering into the soil, causing increased water runoff. Inorganic mulch, such as rock, should be used sparingly. Surrounding a home with rock will increase the temperatures, making the environment too warm for plants and people.

Maintain appropriately.

Proper pruning, weeding, and fertilization, plus attention to the irrigation system, will preserve and enhance the quality of xeriscape. A landscape adapted to the environment will require less maintenance, less fertilizer and reduce the use of pesticides and other chemicals.

Xeriscape Plant Selection

Select trees, shrubs, perennials, vines, grasses, and ground covers based on their adaptability to your region’s soil and climate. Texas contains an abundance of beautiful native plants which are naturally adapted to the region. Most have lower water demands, fewer pest problems and less fertilizer needs than many non-adapted, exotic plants brought into Texas landscapes.

Through the support of the nursery industry, native Texas plants are becoming more available in retail nurseries and garden centers. Combining Texas natives with well-adapted exotic plants is a key to a beautiful, interesting landscape which conserves water. Refer to the tables in Section 4.5404 above and check with your local nursery or Texas Agri Life Extension agent for recommendations on adapted landscape plants.

Xeriscaping Allowed

It shall be lawful for xeriscape plants to be planted or installed, so long as such xeriscape plants are located in a planned and maintained area as defined herein.

The City seeks to encourage each property owner to create and sustain a condition of ecological stability on their property, that is, a state of good health and vigor, as opposed to one of impairment and decline.

It is not the intent of this ordinance to allow vegetated areas to be unmanaged or overgrown in ways that may adversely affect human health or safety, or pose a threat to agricultural activity.

It is the express intent of this ordinance that it shall be lawful to grow xeriscaped areas as accent areas of the front yard, but xeriscaped areas must be limited to 25% of the front yard.

The accent areas in which xeriscape plants are permitted shall be in the front yard within determined boundaries.

The accent areas and boundaries of the accent areas for xeriscape plants shall be determined by a border line parallel to and no more than five feet (5') inward from the sides and rear edges of the front yard as described and illustrated below:

From either edge of the side property lines of the front yard

ii)

From the rear edge of the front yard where it meets the residence building line.

iii)

Due to the tall height of some xeriscape plants, the area between the front edge of the front yard by the public sidewalk and the rear edge of the front yard, save an area up to no more than five feet (5') from the rear edge where it meets the residence building line as illustrated in this ordinance, shall remain free of all xeriscape plants.

Only the turf grass that encompasses most (75% or more) of the front yard shall be allowed in the front area of a front yard.

The areas described and illustrated in this ordinance are the “permitted use” accent areas for ornamental grasses.

Though xeriscape plants may be allowed in any of the above defined permitted use areas, the totality of all accent areas used that contain xeriscape plants shall not exceed 25% of the total area of the front yard.

The illustration in this ordinance only shows the areas permitted for use of xeriscape plants and does not illustrate that every area can be used simultaneously. Simultaneous use of all permitted areas can result in more than 25% of the total area of the front yard being used, which is not permitted.

10)

It will be the responsibility of the land owner to prove that accent areas containing xeriscape plants do not exceed 25% of the total area of the front yard and that such xeriscape plants do not extend or grow beyond the area in which such grasses are permitted.

11)

Xeriscape plants in permitted use areas will not be required to meet the six-inch (6") height requirement for turf grass.

12)

Any planned and maintained area that contains xeriscape plants must have visible physical borders around the boundaries of the permitted use accent areas (see front yard illustration in this ordinance).

The physical borders of the permitted use accent areas must be sufficient in depth and height to maintain separation of xeriscape plants and turf grasses.

ii)

It will be the responsibility of the land owner to keep xeriscape plants from growing or hanging over the borders in a manner that prevents visibility of the borders.

13)

As front yards are visible to the public, this ordinance about xeriscape plants only applies to the front yard or any side or back yard that is visible to the public or other residents in the neighborhood.

As long as all side or back yard areas are not visible to the public, that is, enclosed by a fence that meets the requirements of the Fences Regulations, property owners are free to utilize any landscaping scheme of their choosing, including xeriscape, in any percentage amount in said enclosed side or back yards, and maintain these areas as they see fit.

(Ordinance 2014-34 adopted 8/26/14)

§ 4.5406 MINIMUM LANDSCAPING REQUIREMENTS.

Landscaping Percentage for Street Yard Area:

The street yard area is the area between the building front line and the front of the property (right-of-way) line. For all parcels with less than 250 feet of frontage adjacent to a dedicated public right-of-way, at least 10% of the street yard shall be permanent landscape area. For all parcels having 250 feet or more of frontage shall have at least 15% of the street yard shall be permanent landscape area. The required landscaping shall consist of a mixture of plant materials consisting of grass and/or ground covers, plants, shrubbery and trees of a variety of sizes as approved on the landscape plan. The street yard shall be defined as the area between the building front and the front property line.

Landscaping Adjacent to Public Rights-of-Way:

A minimum 10-foot landscape buffer (interior parkway) adjacent to the public right-of-way of any thoroughfare as designated on the approved Thoroughfare Plan of the City of Midlothian is required. Corner lots fronting on 2 thoroughfares shall be required to observe the 10-foot buffer on both frontages. All other street frontages shall observe a minimum 5-foot landscape buffer. Developers shall be required to plant 1 large tree per 40 linear feet or portion thereof of street frontage. Trees may be grouped or clustered to facilitate site design. The landscaped portion of interior parkways may be included in the required street yard area percentage. The interior parkway is defined as that area on private property between the street right-of-way line and the curb of the parking area or building area.

Landscaping within Off-Street Parking Areas:

Landscape areas within off-street parking areas should generally be at least one parking space in size, with no landscape area less than 50 square feet in area. Landscape areas shall be no less than 5 feet wide and shall equal a total of at least 16 square feet per parking space. There shall be a landscaped area with at least 1 tree within 60 feet of every parking space. There shall be a minimum of 1 tree planted in the parking area for every 10 parking spaces within parking lots with more than 20 spaces. Within parking lots, landscape areas should be located to define parking areas and assist in clarifying appropriate circulation patterns. A landscape island shall be located at the terminus of all parking rows, and should contain at least one tree. All landscape areas shall be protected by a monolithic curb or wheel stops and remain free of trash, litter, and car bumper overhangs.

Screening of Parking Areas Adjacent to a Public Right-of-Way:

At least seventy-[five percent] 75% of the frontage of parking areas, adjacent to a public right-of-way, within the street yard, shall be screened from public streets with evergreen shrubs attaining a minimum height of 3 feet or a low masonry wall or earthen berm of equal height. Use of a wall or earthen berm for parking lot screening should be accompanied with landscape planting in the form of low shrubs and ground cover to soften the appearance of the wall or earthen berm.

Percentage of Overstory Trees:

A minimum of 50% of the total trees required for the property shall be overstory trees as specified on the approved plant list. Accent trees shall be used under existing or proposed overhead utility lines.

Necessary driveways from the public right-of-way shall be permitted through all required landscaping in accordance with City regulations.

Residential Buffer Yards:

For any development in “MF”, “GP”, “CR”, “C”, “LI”, “MI”, and “HI” zoning districts which abut districts zoned residential or mobile home there shall be a minimum 20-foot wide green belt of live plant material of the evergreen variety, planted on 6-foot centers, for the entire distance along which the development abuts the residential or mobile home districts. Where a fire lane is required, the green belt may be reduced to 10 feet.

Multifamily Buffer Yards:

For any development in “GP”, “CR”, “C”, “MI”, and “HI” zoning districts which abuts a district zoned multifamily there shall be a minimum 20-foot wide green belt of “live plant material of the evergreen variety,” planted on 6-foot centers, for the entire distance along which the development abuts the residential or multifamily districts. In addition, the developer shall add 10 3-inch canopy or evergreen trees per acre of pervious property, excluding trees provided to satisfy parking lot and R.O.W. requirements. Where a fire lane is required, the green belt may be reduced to 10 feet.

(Ordinance 2014-34 adopted 8/26/14)

§ 4.5408 TREE CREDITS.

Any trees preserved on a site meeting the herein specification may be credited toward meeting the tree requirement of any landscaping provision of this Section according to the following table:

Circumference of Existing Tree (measured at 4-1/2 feet above ground)	Credit Against Tree Requirements
6 to 8 inches	1 tree
9 to 30 inches	1-1/2 trees
31 to 46 inches	2 trees
47+ inches	3 trees

All other existing trees may receive credit if they are not on the City’s approved plant material list but approved by the City Council. Should any required tree designated for preservation in the landscape plan die, the owner shall replace the tree with one or more trees that are not less than four (4) caliper inches in diameter at the time of planting, with the number of replacement trees determined in accordance. Tree circumference shall be measured 4-1/2 feet above natural grade.

(Ordinance 2014-34 adopted 8/26/14; Ordinance 2017-75, sec. 2, adopted 10/10/17)

§ 4.5409 LANDSCAPING PLANS.

Prior to the issuance of a building, paving, grading, or construction permit for any use other than single-family dwellings, a landscape plan shall be submitted to the Planning Department. The Department shall review such plans and shall approve same if the plans are in accordance with the criteria of these regulations. If the plans are not in accord, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance.

Landscaping plans shall be prepared by a landscape architect, landscape contractor or landscape designer, knowledgeable in plants, materials and landscape design. Landscape plans shall contain the following information:

[Reserved]

Location of all trees to be preserved;

Location of all plants and landscaping material to be used including plants, paving, benches, screens, fountains, statues, or other landscape features;

Species of all plant material to be used:

Size of all plant material to be used;

Spacing of plant material where appropriate:

Layout and description of irrigation, sprinkler or water systems, including placement of water sources;

Description of maintenance provisions for the Landscape Plan;

Persons responsible for the preparation of the Landscape Plan.

(Ordinance 2014-34 adopted 8/26/14)

§ 4.5410 LANDSCAPE MAINTENANCE.

All landscaping shall be the responsibility of the property owner. It shall be permanently maintained and shall have either an irrigation system installed, meeting all applicable requirements of the City, or shall be located within 75 feet of a bibcock, faucet, or other water source.

Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping.

All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year.

Plant materials which die shall be replaced with plant material of similar variety and size.

(Ordinance 2014-34 adopted 8/26/14)

§ 4.5411 ENFORCEMENT.

The provision[s] of this Section shall be administered and enforced by the Director of Planning.

If, at any time after the issuance of a Certificate of Occupancy, the approved landscaping is found to be in nonconformance to the standards and criteria of this Section, the Director shall issue notice to the owner, citing the violation and describing what action is required to comply with this Section. The owner, tenant, or agent shall have 30 days from date of said notice to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of the Midlothian Zoning Ordinance, Section 1.50.

(Ordinance 2014-34 adopted 8/26/14)

§ 4.5501 MASONRY STANDARDS FOR CENTRAL BUSINESS DISTRICT (CBD).

All buildings and structures shall be of exterior fire resistant construction, having 100% of the total exterior walls, excluding doors and windows, be constructed of brick, stone, or brick veneer.

All other architectural requirements found in Section 4.400 shall also apply.

(Ordinance 2013-24, sec. 4.5501, adopted 7/9/13)

§ 4.5502 MASONRY STANDARDS FOR GENERAL PROFESSIONAL (GP), COMMUNITY RETAIL (CR), COMMERCIAL (C), AND LIGHT INDUSTRIAL (LI) DISTRICTS.

All buildings and structures shall be of exterior fire resistant construction, having at least 90% of the total exterior walls, excluding doors and windows be constructed of masonry or glass wall construction, in accordance with the City Building Code and Fire Prevention Code. No blank walls shall face public streets.

The following approved masonry list shall apply:

Stone, brick or tile laid up unit by unit and set in mortar

ii)

Stucco (exterior Portland cement plaster with 3 coats over metal lath or wire fabric lath)

iii)

Cultured stone or cast stone

iv)

Architecturally finished block (i.e. burnished block, split faced concrete masonry units or architecturally finished tilt wall)

Architectural glass (less than 25% reflectance)

A maximum of 10% of the facade may include accent materials not listed on the approved masonry list above.

Existing structures as of the adoption date of this ordinance shall be exempt from these nonresidential design standards.

If existing structures are expanded by 20% or more of their original size, all new construction shall comply with these design standards.

The following materials are allowed for sloping roofs. Pitched roofs shall have a minimum pitch of 6:12. Architectural elements that add visual interest to the roof, such as dormers and masonry chimneys, are encouraged.

Asphalt shingles,

Industry approved synthetic shingles

Standing seam metal

Tile roofs

Flat roofs shall require parapet screening which adheres to vertical articulation requirements for the main face of the structure.

Parapet shall require cornice detailing.

The following materials are prohibited as primary cladding or roofing materials:

Aluminum siding or cladding

ii)

Galvanized steel or other bright metal

iii)

Wood or plastic siding

iv)

Cementitious fiberboard

Unfinished concrete block

vi)

Exposed aggregate

vii)

Wood roof shingles

viii)

Reflective glass

The following shall apply to all buildings within these 4 zoning districts:

Entryway Features

All ground floor entrances shall be covered or inset and shall not apply to loading areas.

ii)

Primary building entrances are to be defined and articulated with architectural elements such as pediments, columns, porticos, porches, and overhangs.

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

Horizontal Building Articulation

aa)

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.

bb)

This offset shall extend for a distance equal to at least 25% of the maximum length of either adjacent plane.

ii)

Vertical Articulation

aa)

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.

bb)

This height change shall continue for a minimum distance equal to at least 25% of the maximum length of either adjacent plane.

iii)

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

Architectural Design Features

All nonresidential buildings shall be architecturally finished on all 4 sides with the same materials and detailing (e.g., tiles, moldings, cornices, wainscoting, etc.).

The rear facade of a building, which is not adjacent to or does not face a public right-of-way, park or residential district, shall not be required to comply with the above requirement.

All entrances of a building along any street shall incorporate arcades, roofs, alcoves, porticoes and awnings that protect pedestrians from the sun and weather.

Other design features encouraged to be used include but not limited to:

Canopies, awnings, arcades, covered walkways or porticos

ii)

Recesses, projections, columns, pilasters projecting from the planes, offsets, reveals or projecting ribs used to express architectural or structural bays

iii)

Varied roof heights for pitched, peaked, sloped or flat roof styles

iv)

Articulated cornice line

Arches

vi)

Display windows, faux windows or decorative windows

vii)

Architectural details (such as tile work and molding) or accent materials integrated into the building facade

viii)

Integrated planters or wing walls that incorporate landscaping and sitting areas or outdoor patios

ix)

Integrated water features

Other architectural features approved by the Planning Director or a designated representative

(Ordinance 2013-24, sec. 4.5502, adopted 7/9/13)

§ 4.5503 MASONRY STANDARDS FOR MEDIUM AND HEAVY INDUSTRIAL (MI & HI) DISTRICTS.

All industrial buildings and structures shall be of exterior fire resistant construction, having at least 70% of the total exterior walls, excluding doors and windows be constructed of masonry or glass wall construction in accordance with the City Building Code and Fire Prevention Code.

Exceptions:

Only industrial-type buildings or structures located in the Heavy Industrial (HI) Zoning District are not required to comply with the provisions of subsection (a) above.

Buildings or structures inside private developments containing 50 acres or more with no public access and located 500 feet or more from all public rights-of-way are not required to comply with the provisions of subsection (a) above.

Lots in platted industrial developments that do not meet the exception criteria above are not required to comply with the provisions of subsection (a) above if they meet all of the following criteria:

The development is at least 80% built out based on total buildable acreage that is developed,

ii)

At least 80% of the structures within the subject development do not already comply with the masonry requirements of subsection (a) above; and,

iii)

The proposed structure would not front a public collector or arterial roadway.

(Ordinance 2013-24, sec. 4.5503, adopted 7/9/13)

§ 4.5504 PROCEDURE FOR DETERMINING ALTERNATIVE EXTERIOR MATERIALS (NONRESIDENTIAL).

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. 4.5504, adopted 7/9/13; Ordinance 2016-51, sec. 1(F), adopted 12/13/16)

§ 4.5600 PURPOSE.

This section sets minimum standards for off-street requirements for new residential or nonresidential construction and expansion or changes to existing uses. The purpose of this Section is to ensure that uses have a minimum level of off-street parking to avoid:

Congestion on surrounding streets while avoiding excessive parking;

Discouraging pedestrian access, driving up the cost of development, and;

Inviting excess levels of traffic congestion, which creates increases in flooding and nonpoint source pollution.

(Ordinance 2013-24, sec. 4.5600, adopted 7/9/13)

§ 4.5601 GENERAL APPLICATION.

The minimum parking ratios standards shall apply in all zoning districts, except in the CBD District.

The Planning Director shall determine the parking requirement for uses that do not correspond to the categories listed in this section using either the APA PAS Report 481/482 (Parking Standards) or the 21st Century Land Development Code as a reference. Other sources may also be used to determine the correct ratio for unlisted uses.

Where fractional spaces result, the parking spaces required shall be constructed to be the nearest whole number.

Required off-street parking spaces shall be used for passenger vehicle parking only, and in no case shall parking spaces, loading spaces or drives be used for sales, repair work, storage, dismantling or servicing of any vehicles, equipment, products, materials or supplies.

No parking spaces or drives shall be located on slopes greater than 10%.

Fire lanes as required by the Fire Code shall be provided and clearly marked.

(Ordinance 2013-24, sec. 4.5601, adopted 7/9/13)

§ 4.5602 OFF-STREET PARKING REQUIREMENTS.

The minimum number of off-street parking spaces required shall be computed in accordance with the following specifications:

The number of spaces required shall serve residents, customers, patrons, visitors, employees and consider building design capacity, square feet of sales and service area, and hours of operation.

Each parking area shall have adequate drives and room for ingress and egress to each parking space.

All off-street parking shall be built per adopted City standards.

Whenever a building is constructed and the issuance of its initial Certificate of Occupancy results in an increase in the number of employees, dwelling units, seating capacity, and/or modifies its use, the Planning Director or his designated representative shall recalculate the number of required parking spaces as provided in this Section. In the event the recalculation results in an increased number of required spaces, the owner or occupant must comply with the recalculated parking requirement, seek a joint-parking agreement, or seek a Special Exception as stated in Section 10.

The maximum number of spaces provided shall be 25% above the required minimum based on the ratios below. Any additional parking requested above the maximum shall require a parking feasibility study to be submitted to determine its viability. The City Council, following receipt of a recommendation from the Planning and Zoning Commission, may approve the construction of spaces in numbers exceeding the maximum.

The queuing or stacking of vehicles for any use (i.e. drive-thru lanes, pick-up/drop-off areas, etc.) shall be reviewed by City staff and approval determined on a case-by-case basis, based upon but not limited to specific use, location, site layout, and traffic circulation.

(Ordinance 2013-24, sec. 4.5602, adopted 7/9/13; Ordinance 2016-51, sec. 1(G), adopted 12/13/16)

§ 4.5603 ON-STREET PARKING REQUIREMENTS.

On-street parking shall be permitted on local streets, unless otherwise designated by the City.

On-street parking along all other roadway classifications (i.e. collectors, arterials, etc.) shall be reviewed by the City Council and approval determined on case-by-case basis, based upon but not limited to existing and/or projected traffic volumes, roadway alignment, design speed, surrounding land use, sight distances, and compatibility with the adopted Thoroughfare Plan.

The cross-section of the roadways shall be widened to accommodate the on-street parking unless otherwise approved by the City.

The on-street parking shall be clearly distinguishable from the travel lanes.

At a minimum, the pavement design of the on-street parking shall match that of the travel lanes.

The right-of-way width requirements shall be increased by the width of the on-street parking facilities, unless otherwise approved by the City.

Other Provisions

On-street parking shall be set back a minimum of 100 feet from street intersections and 10 feet from driveways, or as stated by the City Engineer.

On-street parking shall not be installed within 20 feet of a marked crosswalk. At street intersections a bulb-out should be present to prevent right-turning vehicular traffic from utilizing the parking lane for this movement.

On-street parking shall not be placed so that it restricts required vehicular sight distances below required minimums as established by AASHTO.

On-street parking shall be served by sidewalks and curb cuts that meet the Texas Accessibility Standards.

Parking meters or parking restrictions shall not be installed without prior approval by the City.

(Ordinance 2013-24, sec. 4.5603, adopted 7/9/13)

§ 4.5604 SHARED AGREEMENTS.

Off-street parking requirements of a given use may be met with off-site or off-street parking facilities of another use when, and if, all of the following conditions are met:

The off-site or off-street parking facilities are within 300 feet of the property or business.

The parking demands of the individual use, as determined by the Planning Director or designated representative, are such that the total parking demand of all the uses at any one time is less than the total parking stalls required.

A written agreement between the owners and/or lessees is executed for a minimum of 10 years (and may be subsequently renewed by the consent of all interested parties), approved by the Planning Director as provided in subsection d) below. The agreement shall be recorded and a copy maintained in the project file.

Should the lease expire or otherwise be terminated, the use for which the off-site parking was provided shall be considered nonconforming and any and all approvals shall be subject to revocation.

Expansion of the use shall be prohibited unless the use is brought into compliance with the Parking Regulations.

A joint-parking agreement shall be signed by the Planning Director, by the owner of the entire land to be included in the joint-parking plan, the owners or owners of all structures then existing on such land area, and all parties having a legal interest in such land area and structures.

Sufficient evidence to establish the status of the applicants as owners or parties having a legal interest shall be provided.

The agreement shall include plans showing the location of the uses or structures for which off-street parking facilities are required, the location of the off-street facilities, and the schedule of times used by those sharing parking in common.

After approval, such agreement shall be filed in the County Clerk’s Office and a copy provided to each party and the City.

Pursuant to the same procedure and subject to the same limitations and requirements by which the joint-parking plan was approved and filed, any such plan may be amended or withdrawn, either partially or completely at any time without penalty, if all land and structures remaining under such plan comply with all the conditions and limitations of the plan, and all land and structures withdrawn from such plan comply with the regulations of this Section.

(Ordinance 2013-24, sec. 4.5604, adopted 7/9/13)

§ 4.5605 DRIVEWAY SPACING AND DESIGN.

The Non-Single-Family Driveway Spacing and Design Criteria for Driveways Located Within Public Rights-of-Way is hereby, adopted as the official policy of the City.

Definitions:

Words or phrases not expressly prescribed herein are to be defined in accordance with their customary usage as it relates to this specific application.

Driveway

means any public or private drive designed for vehicular access (ingress/egress) to a development or property.

Driveway spacing distance

refers to the distance between two driveways as measured from where the curb radii return ends perpendicular to the street of one driveway to where the curb radii return ends perpendicular to the street of another driveway (refer to Figure 1).

Driveway Spacing Requirements:

Minimum driveway spacing shall be as specified in the following table. For properties located at the corner of 2 intersecting streets, the spacing requirements below shall be increased by a minimum of 10%.

Thoroughfare Type	Right-of-Way (feet)	Min. Driveway Spacing Distance (feet)
Minor Collector	60/70	200
Major Collector	80	230
Minor Arterial (frontage road or 4 lane - divided median	90	280
Major Arterial (6 lane - divided median)	120	330

Exception: A development with street frontage within the distance established above shall be permitted to have a single driveway with a 36-foot maximum width per frontage which shall be located as far as physically possible away from where the curb radii return of an existing driveway ends perpendicular to the street. However, if common access can be provided from an adjacent non-single-family development, no driveway will be permitted within the established distance with regard to the subject property, unless approved by the City Engineer or their designated representative.

The minimum driveway spacing from a railroad crossing shall be 50 feet from the railroad right-of-way.

The minimum distance between median openings on divided thoroughfares (existing or proposed shall be 600 feet, as measured from median nose to median nose (refer to Figure 2).

All efforts shall be made, where feasible based on the determination of the City Engineer or their designated representative, to align new driveways with pre-existing driveways or median openings.

All efforts shall be made, where feasible based on the determination of the City Engineer or their designated representative, to establish cross-access easements and shared drives in order to increase internal access efficiency between adjacent developments, to minimize curb cuts, to reduce excessive ingress and egress onto thoroughfares, and to reduce traffic conflict potential. Access drives/aisles are to be extended to the development’s property boundary in order to provide for connectivity with future development(s).

Driveways located along State maintained roadways shall adhere to the requirements of the Texas Department of Transportation or their successor agency.

Driveway Design Requirements:

Driveways shall be designed and constructed in accordance with City standards.

All driveways shall provide for pedestrian access that meets the provisions of the Texas Accessibility Standards (refer to Figure 3).

Driveways shall be constructed without any encroachments and shall have a clear line of sight at the street approach.

In areas where concrete curb and gutter exist, the driveway radius return shall not begin any closer than the existing expansion joint at either a standard or recessed curb inlet.

In areas where roadside ditches exist, driveways shall have drainage culverts with safety end treatments installed in accordance with City standards.

Exemption:

If any of the driveway spacing or design requirements cannot be physically satisfied, the City Council, after receipt of a recommendation from the Planning and Zoning Commission, may grant an exemption to the required spacing. Any exemption to the required driveway spacing shall be in harmony with the purpose and intent of these regulations and shall not be granted until every feasible option for satisfying the driveway spacing or design requirements has been considered.

(Ordinance 2013-24, sec. 4.5605, adopted 7/9/13; Ordinance 2016-51, sec. 1(H), adopted 12/13/16)

§ 4.5606 PARKING RATIOS.

The minimum number of parking spaces required for uses within any district shall be determined as follows:

Proposed/Existing Use	Minimum Spaces Required
A. Lodging Uses
Hotel/Motel	0.8 for the 1st 50 guest rooms or residential unit +1 per each room thereafter
B. Institutional Uses
Community/Conference Center	1 per 250 square feet of floor area
Elementary School	3 per classroom
Middle School	2 per classroom
High School	8 per classroom
Post-secondary Educational Facilities (Trade/Vocational School; College/University)	1 per 200 square feet of floor area
Public Assembly Hall	1 per 4 seats (fixed seating) 1 per 100 square feet of floor area (non-fixed)
Place of Worship	1 per 4 seats in sanctuary or auditorium
Child Care Institutions	1 per 400 square feet of floor area
Hospital, Nursing Home or Long-Term Care	1 per 400 square feet of floor area
Mortuary or Funeral Chapel	1 per 150 square feet of floor area
Labor Union/Day Labor Center	1 per 300 square feet of floor area
Museum	1 per 450 square feet of public area
Library	1 per 400 square feet of public area
Police Station	1 per 1,000 square feet designated as police space
Fire Station	1 per 450 square feet of floor area
Court	1 per 400 square feet of floor area
C. Recreational, Special Entertainment Uses
Theater (performance and/or entertainment)	1 per 200 square feet
Bowling Alley/Pool Halls	1 per 200 square feet
Health Club or Gym/Recreation Center or associated uses	1 per 400 square feet of floor area
Indoor Amusement	1 per 200 square feet of floor area
Outdoor Amusement	1 per 600 square feet of outdoor recreation area
Sports Stadium/Arena	1 per 8 seats
Lodge/Fraternal Organization	1 per 400 square feet of floor area
Golf Course/Country Club	4 per hole
Miniature Golf Course	3 per putting tee
Driving Range	2 per driving tee
D. Personal Services and Retail Uses
Personal Services Establishment	1 per 200 square feet of floor area
Retail Stores (Stand-alone building or one tenant)	1 per 250 square feet of floor area
Furniture or Appliance Sales and Repair	1 per 600 square feet of floor area
Multi-tenant Retail Center	1 per 175 square feet of floor area (15% reduction may be provided if a cross-access easement & drive is provided)
Open Retail Sales	1 per 600 square feet of site area (exclusive of buildings)
Self-Service Laundry or Dry Cleaning	1 per 300 square feet of floor area
E. Food and Beverage Services Uses
Restaurant, Bar, Nightclub or Private Club, Brewpub	1 per 100 square feet of seating area
F. Business Services Uses
Bank or Similar Financial Institution	1 per 450 square feet of floor area
Medical, Dental or Animal Clinic or Office	1 per 400 square feet of floor area
Other Office, Business, Professional or Administrative Use	1 per 300 square feet of floor area
G. Automotive and Equipment Uses
Service Station (gas station/convenience store)	1 per 375 square feet of floor area (pump locations are not to be included as a parking space)
Motor Vehicle Repair, Garage or Shop	2 per service bay +1 for each 350 square feet of floor area
Motor Vehicle Sales establishment	1 per 300 square feet of floor area +1 space per 4,500 square feet of outdoor display area
Car Wash (automated, self, and/or full service)	1 per 125 square feet of floor area (under main roof, including wash and detail areas)
H. Storage, Wholesale & Manufacturing Uses
Brick or Lumber Yard or Similar Area	1 per 3,000 square feet of site area
Open Storage of sand, gravel, or petroleum	1 per 2,000 square feet of site area
Warehouse and Enclosed Storage	1 per 3,000 square feet of floor area + Must meet the requirements of the office parking requirements
Commercial or Wholesale Manufacturing Operations	1 per 1,000 square feet of floor area
Mini-warehouses	1 per 4,000 square feet of storage area

(Ordinance 2013-24, sec. 4.5606, adopted 7/9/13; Ordinance 2019-41, sec. 4, adopted 8/27/19)

§ 4.5607 PARKING SPACE DIMENSIONS.

Minimum stall widths shall be 10 feet. In addition, the dimensions of up to 30% of the total number of off-street parking spaces may be reduced to 9 feet in width to accommodate compact automobiles. These spaces may be labeled accordingly.

In all cases, parking located immediately adjacent to landscaped buffer islands/areas shall include a minimum 24-inch pedestrian stripped [striped] area.

The off-street parking areas shall be designed in accordance with the following diagram below. All aisle widths shall be as indicated, unless it is designated as a fire lane with the width as indicated in the adopted Fire Code. All dimensions are in feet.

(Ordinance 2013-24, sec. 4.5607, adopted 7/9/13)

§ 4.5608 HANDICAPPED PARKING SPACES.

In each parking facility in districts “MD-2”, “MF”, “GP”, “CR”, “C”, “LI”, “MI”, and “HI” a portion of the total parking shall be specifically designed, located, and reserved for vehicles licensed by the State for use by the handicapped. Each parking space designated for use by the handicapped shall consist of a rectangular area not less than 12-1/2 feet wide by 18 feet long, with a vertical clearance of 7-1/2 feet, shall be located in an area not exceeding 2% slope, and shall be located near a level or ramped entrance accessible to handicapped persons. Parking spaces for the handicapped shall be signed in accordance with State law and restricted for use by the Handicapped only. These spaces will be provided according to the following schedule:

Total Spaces in Lot	Number of Handicapped Spaces
Up to 25	1
26 to 50	2
51 to 75	3
76 to 100	4
101 to 150	5
151 to 200	6
201 to 300	7
301 to 400	8
401 to 500	9
More than 501	2% of Total

(Ordinance 2013-24, sec. 4.5608, adopted 7/9/13)

§ 4.5609 OFF-STREET LOADING.

All business uses shall provide and maintain off-street facilities for the loading and unloading of merchandise and goods within the building or on the lot adjacent to a public alley or private service drive to facilitate the movement of traffic on the public street in addition to other parking requirements. Such space shall consist of a minimum area of 10 feet by 25 feet and be provided as follows:

Floor area space (in square feet)	Loading or unloading berths
Less than or equal to 25,000	1
25,001 to 84,000	2
84,001 to 156,000	3
156,001 to 236,000	4
Each additional 100,000	1 additional

(Ordinance 2013-24, sec. 4.5609, adopted 7/9/13)

§ 4.6001 PURPOSE.

The purpose of this Section 4.6000 and all related subsections, hereafter collectively called the “Midlothian Sign Regulations” are to create the legal framework for a comprehensive and balanced system of signage in the City. These regulations are intended to provide an easy, pleasant communication between people and their environment. These regulations aim to enhance the community by minimizing visual clutter along public rights-of-way that are potentially harmful to the aesthetics of the community, traffic and pedestrian safety, property values, business opportunities, and community appearance. Whenever a provision in the Midlothian Zoning Ordinance, the Code of Ordinances, or other ordinances refer to Section 4.6000, such reference shall be inclusive of all regulations and standards relating to the regulations of signs following the header “Section 4.6000 Sign Regulations” as amended and replaced.

(Ordinance 2013-24, sec. 4.5800, adopted 7/9/13; Ordinance 2018-20 adopted 4/10/18)

§ 4.6002 SIGN PERMIT REQUIRED.

Except as provided by other ordinances, it is unlawful to construct, install, or permit any type of sign within the City without an approved Sign Permit.

(Ordinance 2013-24, sec. 4.5801, adopted 7/9/13; Ordinance 2018-20 adopted 4/10/18)

§ 4.6003 APPLICATION TO EXTRATERRATORIAL JURISDICTION.

The provisions of this Section 4.6000 and all other regulations applicable to billboard and off-site advertising signs within the City shall apply to the regulation of billboards and off-site advertising signs within the City’s Extraterritorial Jurisdiction (ETJ) as provided by these regulations.

(Ordinance 2018-20 adopted 4/10/18)

§ 4.6004 DESIGN REVIEW GUIDELINES FOR ALL SIGNS.

Colors:

Natural colors (earth tones), neutral colors, and muted colors are favored. If a sign is located on a canopy or awning, then the canopy or awning should be compatible and complement the color scheme of the building or structure to which it is attached, rather than: the color of the sign or its logo. Predominate use of bold or bright colors is discouraged, and must be specifically reviewed as a special exception by the Commission and require approval by the City Council. The City may maintain a list of approved colors or palette as a reference for sign contractors. If a registered trademark symbol for the business entity is included on a sign, the trademark may be allowed without alteration to the registered trademark colors.

Landscaping:

Landscaping, where required, should be designed to harmonize with the building and surrounding natural landforms and native plants, and be maintained in a neat, clean, and healthy condition. All landscaping will comply with the landscape provisions in the Zoning Ordinance.

Distance Between Signs.

Whenever a provision of the Midlothian Sign Regulations requires a minimum or maximum distance between signs, such distance shall be measured horizontally in a straight line between the closest elements of each sign, notwithstanding any intervening object or structure between the signs.

(Ordinance 2018-20 adopted 4/10/18)

§ 4.6005 REAL ESTATE AND HOME BUILDER SIGNS.

Real Estate Signs announcing the sale or lease of residential property shall be placed on property within the City subject to the following:

Only one (1) is permitted to be placed on the lot;

The sign must be unlit;

Sign shall not exceed eight (8) square feet in area;

Sign shall be removed within one (1) week following the close of sale or lease of the lot;

The sign may only be placed on a lot for which a final plat has been recorded with the Ellis County Clerk’s Office; and

The City Engineer had determined pursuant to Section 5.10.5 of the Subdivision Regulations that the public improvements have been completed and accepted to the point that a building permit may be issued for the lot.

On developed nonresidential property, only one (1) Real Estate Sign announcing the sale or lease of all or portion of the building may be located on the property subject to the following:

The sign must be placed flat against any wall of the business building;

The sign shall be no taller than the wall of the building and shall not exceed an area of 100 square feet;

The sign must be removed not later than one (1) week following the close of sale or lease of the building or portion thereof offered for lease; provided, however, if multiple portions of the building are being leased, the sign must be removed not later than one (1) week after all portions of the building are leased;

The sign shall be unlit; and

The sign may contain the name and contact information where to obtain information about the sale or lease of the property and other relevant information about the sale or lease of the property on which the sign is located.

On any undeveloped, unplatted property or tract of land, only one (1) Real Estate Sign may be located on each street frontage of the property subject to the following:

The sign must be located not less than fifty (50) feet behind the property line or current right-of-way line, whichever is greater, and outside any required visibility triangle, regardless of distance;

The sign shall not exceed fifteen (15) feet in height;

The sign face area shall not exceed 100 square feet;

The sign must be removed not later than one (1) week following the close of sale or lease of the land or, in the case where the property consists of multiple lots or tracts being sold or leased individually, not later than one (1) week following when the last lot or tract is sold or leased; and

If the property is located on multiple street frontages, only one (1) sign per street frontage is permitted, not to exceed a total of two (2) Real Estate Signs, which signs must be located not less than five hundred (500) feet from each other; provided, however, the City Council may grant a special exception to allow such signs to be located less than five hundred (500) feet apart following receipt of a recommendation by the Planning and Zoning Commission.

Before a sign announcing a “Coming Soon” (or similar language) of a residential or non-residential project may be located on property, the owner or developer of the property on which the sign is to be located must first obtain approval of zoning on the property that allows the property to be developed for the announced project, an approved site plan, or a final plat recorded with the Ellis County Clerk’s Office. Such sign shall be subject to the following:

The sign shall not exceed 15 feet in height;

The sign face area shall not exceed 100 square feet.

The sign shall be removed not later than thirty (30) days after construction on the first phase is complete. If any additional phases are planned, the sign can be moved to the location of the next phase provided application is made for a new Sign Permit for the relocated sign.

For any residential subdivisions, only one (1) temporary unlit sign shall be allowed announcing the builder(s) who are building dwellings on lots within the subdivision, sale price or range of prices of property to be sold within the subdivision, and other relevant information regarding the sale of lots and dwellings within the subdivision. Such sign shall be subject to the following:

The sign shall be located not less than fifty (50) feet behind the property line or current right-of-way line, and outside any required visibility triangle, regardless of distance;

The sign may be located on the property of the subdivision only after a final plat for any phase of the development has been recorded with the Ellis County Clerk’s Office;

The sign shall not exceed fifteen (15) feet in height;

The sign face area shall not exceed 100 square feet;

No sign shall be allowed to face or be located adjacent to the U.S. Highway 287 Bypass/Loop;

Signs shall be removed no later than sixty (60) days after the last dwelling unit receives approval of a final inspection by the City of Midlothian; and

Subject to approval of a specific use permit:

More than one sign described in this subsection e) may be approved for a subdivision if the subdivision has frontage and primary entrances on more than one major arterial street; or

ii)

If the requested sign will not comply with one or more of subsections 1) through 5) of this subsection e).

If an approved sign remains on the subject property for a period of five (5) years after the permit has been issued, and there are undeveloped lots remaining in the subdivision, an applicant must request an extension from the Planning and Zoning Commission for review and consideration.

For nonresidential subdivisions, only one (1) temporary unlit sign announcing the contractor, financing institution and other relevant information shall be placed on the property on which the project will be constructed, subject to the following:

The sign shall be located not less than twenty (20) feet behind the property line or current right-of-way line, and outside any required visibility triangle regardless of distance;

The sign may be located on the property of the subdivision only after a final plat for the property has been recorded with the Ellis County Clerk’s Office;

The sign shall not exceed five (5) feet in height;

The sign face area shall not exceed fifty (50) square feet;

No such sign shall face or be located adjacent to the U.S. Highway 287 Bypass/Loop;

Such sign shall be removed not later than (1) week following the completion of construction of all buildings located on the property on which the sign is located;

This type of sign shall not require the issuance of a Sign Permit.

All signs described in this Section 4.6005 are subject to the following:

Placement in a median or affixing to utility poles, trees, or traffic signs is prohibited;

Attaching to the sign display devices that include, but are not limited to balloons, flags, and/or pennants, is prohibited;

The signs shall have no more than two (2) sign faces; and

The signs shall not be electronically lit.

(Ordinance 2013-24, sec. 4.5802, adopted 7/9/13; Ordinance 2018-20 adopted 4/10/18; Ordinance 2023-14 adopted 4/11/2023)

§ 4.6006 DEVELOPMENT DIRECTIONAL SIGNS.

No person shall place a Development Directional Sign on property located within the City.

(Ordinance 2013-24, sec. 4.5803, adopted 7/9/13; Ordinance 2018-20 adopted 4/10/18)

§ 4.6007 KIOSK SIGNS.

The City Council may grant the exclusive right to design, erect and maintain kiosk signs within the City pursuant to the terms and conditions of a license agreement approved by the City Council and consistent with the following:

Kiosk signs must be designed and constructed according to the specifications contained in the approved license agreement;

Prior to erecting any kiosk sign, the licensee shall submit a sign location map to the Development Services Department for approval;

Kiosk sign installations shall include breakaway design features as required for traffic signs in the street rights-of-way;

No signs, pennants, flags or other devices for visual attention or other appurtenances shall be attached to kiosk signs;

Individual sign panels on kiosk signs shall have a uniform design and color; and

Kiosk signs shall not:

Interfere with the use of sidewalks, walkways, bike and hiking trails;

ii)

Obstruct the visibility of motorists, pedestrians or traffic-control signs;

iii)

Be installed in the immediate vicinity of street intersections; and shall comply with any required visibility triangle or other visibility easements;

iv)

Be illuminated in any manner; and

Contain any price information.

(Ordinance 2013-24, sec. 4.5804, adopted 7/9/13; Ordinance 2018-20 adopted 4/10/18)

§ 4.6008 POLITICAL SIGNS.

Political signs may be placed on privately owned real property in any zoning district without first obtaining a sign Permit if the sign:

Is eight (8) feet or less in height measured from the top of the sign to the ground;

The sign face area is 36 square feet or less;

Is not illuminated internally or externally; and

Has no moving elements.

Prior to locating a political sign on any property within the City that does not comply with subsection a) of this section, a person must obtain a Temporary Sign Permit for the sign and otherwise comply with Section 4.6011 with respect to the zoning district in which the sign is to be located.

No political sign shall be erected on private real property without the consent of the owner of the property.

No political sign shall be located on any portion of any property dedicated by plat or separate instrument as the right-of-way of a public highway, street, or alley.

(Ordinance 2013-24, sec. 4.5810, adopted 7/9/13; Ordinance 2014-29 adopted 7/22/14; Ordinance 2018-20 adopted 4/10/18)

§ 4.6009 EVENT SIGNS.

Unlit Event Signs with a sign height of not greater than two (2) feet may be placed on property in any zoning district with the consent of the owner or other person in control of the property on which the sign is placed for a period beginning two (2) weeks prior to the first day of the event and ending ten (10) days following the last day of the event.

(Ordinance 2013-24, sec. 4.5811, adopted 7/9/13; Ordinance 2018-20 adopted 4/10/18)

§ 4.6010 PORTABLE SIGNS, VEHICLE SIGNS, TEMPORARY ADVERTISING DEVICES, WIND DEVICES.

Portable signs are prohibited on any property.

Vehicle signs are prohibited; provided, however, it shall be a defense to a violation of this Section 4.6011(b) [Section 4.6010(b)] if the vehicle is fully operational, properly registered with the Texas Department of Motor Vehicles, and:

Is regularly driven by the owner, employee, or other authorized person in the normal operation of the business advertised on the vehicle which is located on the same property where the vehicle is parked; or

Is parked in the driveway or along the street frontage of the residence of the person who (i) owns or leases the vehicle, or (ii) is the owner or employee of the business entity that owns or leases the vehicle, and regularly driven by such person in the normal operation of the business advertised on the vehicle.

It is a rebuttable presumption that a vehicle which has not been moved from its parked location for a period of more than seven (7) consecutive days is not being regularly driven. This paragraph b) does not apply to political signs attached to vehicles.

(Ordinance 2013-24, sec. 4.5821, adopted 7/9/13; Ordinance 2018-20 adopted 4/10/18)

§ 4.6011 TEMPORARY ADVERTISING DEVICES.

Except as provided in Section 4.6013 [Section 4.6012], temporary Advertising devices may be located only within “CR,” “C,” “LI,” “MI,” and “HI” zoning districts subject to the following:

A Temporary Advertising Device may be erected or installed after issuance of a Temporary Advertising Device Permit.

Temporary Advertising Device Permit shall be issued for the current calendar year during which the Permit is issued regardless of date the permit is issued.

Temporary Advertising Devices may be displayed on a property no more than a total of 90 days during a calendar year.

Temporary Advertising Devices shall be placed on the lease space of the occupied building or structure and shall not exceed three (3) feet in height or have a sign face exceeding fifteen (15) square feet.

Temporary Advertising Devices shall be non-illuminated and non-electric and remain [on] the property of the business establishment which the device advertises.

The owner of the business or property displaying a Temporary Advertising Device shall accept all responsibility regarding the security of the sign, the placement of the sign, and damage that may occur to the sign or other property.

The owner of the business or property displaying a Temporary Advertising Device(s) shall be required to remove the sign upon expiration of the Temporary Advertising Device Permit.

(Ordinance 2013-24, sec. 4.5822, adopted 7/9/13; Ordinance 2018-20 adopted 4/10/18)

§ 4.6012 TEMPORARY ADVERTISING DEVICES WITHIN THE CENTRAL BUSINESS DISTRICT (CBD).

Temporary Advertising devices may be displayed within the “CBD” zoning district subject to the provisions of Section 4.6012 [Section 4.6011] and the following:

No display devices, including but not limited to balloons, flags, and pennants, shall be attached to a temporary advertising device located within the Central Business District; and

Temporary Advertising devices placed by the City in the Central Business District for a City-sponsored event are exempt from this Section 4.6013 [Section 4.6012] if approved by the City Manager or designee.

(Ordinance 2013-24, sec. 4.5823, adopted 7/9/13; Ordinance 2018-20 adopted 4/10/18)

§ 4.6013 WIND DEVICES.

Except where otherwise provided by ordinance, wind devices may be displayed only in non-residential zoning districts following issuance of a sign permit subject to the following:

A Permit may be issued for not more than two (2) wind devices to be located on a property during a calendar year;

Wind Device Permits shall be issued for the current calendar year during which the permit is issued regardless of date the permit is issued;

Wind devices may be displayed on a property not more than a total of 90 days during a calendar year;

Not later than five (5) days after receipt of notice by the Code Enforcement Division, the owner or manager of the business displaying any wind device(s) shall remove (i) tattered and/or torn wind device(s) and (ii) a wind device that has faded to the extent that the color of the wind device is no longer the same as the color authorized by the sign permit authorizing placement of the wind device;

Wind devices shall not be located on or over any public street, alley or highway maintained or within any required visibility triangle so as to not obstruct the view of drivers or otherwise isolate vision; and

Wind devices shall be non-illuminated and non-electric.

(Ordinance 2013-24, sec. 4.5824, adopted 7/9/13; Ordinance 2018-20 adopted 4/10/18)

§ 4.6014 BILLBOARDS AND OFF-SITE ADVERTISING SIGNS.

New billboards and off-site Advertising signs are prohibited within the City and its Extraterritorial Jurisdiction (ETJ).

Existing billboards and off-site Advertising signs displaced because of the expansion of street or highway right-of-way associated with the construction of public road improvements may be relocated to property immediately adjacent to the property from which the billboard or off-site Advertising sign is being displaced upon issuance of a sign permit, but only if:

The sign structure on which the sign is located does not change (provided, however, a dual pole structure may be changed to a single pole structure);

The height of the relocated sign is not greater that [than] the height prior to begin displaced;

The number of sign faces of the relocated sign is equal to or less than the sign faces of the displaced sign;

The sign face area of the relocated sign is equal to or less than the sign face area of the displaced sign;

The type of sign face on the relocated sign is the same as the sign face of the displaced sign (i.e. a static sign face may not be changed to an electronic, digital, or other sign face with moving components); and

The Texas Department of Transportation does not object to such relocation.

Relocation of a billboard or off-premises Advertising sign displaced because of the expansion of street or highway right-of-way associated with the construction of public road improvements that does satisfy the above criteria may only be relocated within the City’s incorporated limits or ETJ following approval of a Specific Use Permit or ordinance establishing a Planned Development District[.]

Existing billboards may not be modified or expanded in any form, shape, or fashion that will cause it to be altered from its current state including modification of an existing Billboard to a Changeable Electronic Variable Message Sign. The sign face area of an existing billboard may be reduced in size or relocated on the existing sign structure if such reduction or relocation is required to prevent the sign from encroaching on or over a public street or highway right-of-way being widened by a governmental entity. The changing of the advertisement or message on a billboard is not a violation of this section.

Regular maintenance and upkeep of an existing billboard is allowed. For purposes of this section, “regular maintenance and upkeep” means the process of keeping a sign in good repair. Such maintenance may include, but not limited to:

cleaning;

painting;

repair and/or replacement of parts with like materials in a manner that does not alter the basic design or structure of the sign.

If a billboard is in such disrepair or destroyed to the point that repairs or replacement of the billboard will exceed 50% of the cost of a new billboard, said billboard shall be removed and no new billboard shall be allowed.

The following alterations to a billboard are not considered regular maintenance and upkeep and are prohibited:

converting a sign from a multiple pole structure to a monopole structure (or vice versa);

replacing wooden components with metal components;

increasing the area or height of a sign;

adding illumination to a non-illuminated sign;

adding additional display faces;

converting a sign to use animated display or movable/digital/electronic copy technology.

If an existing billboard or off-site advertising sign is dismantled for any purpose other than regular maintenance and upkeep permitted in this Section or except to relocate it as provided in subsection b) of this Section 4.6014, the billboard or off-site Advertising sign may not be replaced.

Following any required notice, the Building Official or designated representative has the authority to remove any billboard or off-site Advertising sign that is deemed unsafe, deteriorated and/or dilapidated as stated in Section 116 (Unsafe Structures & Equipment) of the 2015 International Building Code or the latest Building Code in effect. All expenses incurred by the City incidental to such repair or removal may be placed as a lien against the property from which the sign is removed.

(Ordinance 2013-24, sec. 4.5831, adopted 7/9/13; Ordinance 2018-20 adopted 4/10/18)

§ 4.6015 VIEW OBSTRUCTION PROHIBITED.

No Billboard or Off-Site Advertising Sign shall be located in such a manner that it:

obscures or otherwise interferes with the effectiveness of a traffic sign, signal or device, or

obstructs or interferes with a driver’s view of approaching, merging or intersecting traffic.

(Ordinance 2013-24, sec. 4.5832, adopted 7/9/13; Ordinance 2018-20 adopted 4/10/18)

§ 4.6016 BILLBOARD OR OFF-SITE ADVERTISING PERMIT REQUIRED.

A Billboard or Off-Site Advertising Sign Permit shall be required for each Billboard and Off-Site Advertising Sign.

Billboard or Off-Site Advertising Sign Permits shall be renewed by December 31st of each calendar year. Billboards or Off-Site Advertising Signs whose permits have expired shall be removed not later than 30 days after expiration of the permit.

Each applicant shall present a copy or copies of valid and current State permits to the City and pay a $100.00 fee before a permit shall be issued.

(Ordinance 2013-24, sec. 4.5833, adopted 7/9/13; Ordinance 2018-20 adopted 4/10/18)

§ 4.6017 SIGNS LOCATED IN GENERAL PROFESSIONAL (GP), COMMUNITY RETAIL (CR), COMMERCIAL (C) OR LIGHT INDUSTRIAL (LI) DISTRICTS.

The following signs shall be permitted in the General Professional (GP), Community Retail (CR), Commercial (C), and Light Industrial (LI) Districts to identify use or uses of the property upon which it is displayed as follows:

Building Wall Sign:

Signs on buildings shall not extend beyond the building. All building wall signs shall be mounted parallel to the building surface to which they are attached, and shall project no more than thirteen (13) inches from the surface. Signs shall not be mounted on pitched roofs or above the wall on flat roof structures (see below):

The total sign face area of building wall signs on a building shall not exceed the following:

For each one (1) linear foot of primary building face (i.e, the facade facing a public street or, where the building is not located on a public street frontage, the facade of the building that contains the building’s main entry to the building), three (3) square feet of wall sign area is allowed, not to exceed the area set forth in subsection iii), below.

ii)

Notwithstanding subsection i), above, a freestanding building may have wall signs installed with a sign face area of at least 100 square feet but not exceeding the area allowed in subsection i), above.

iii)

The maximum building wall sign area allowed on a freestanding building based on the square footage of the area of the ground floor of the building is as follows:

Building Footprint (in square feet)	Maximum Sign Area (in square feet)
Less than 11,999	150
12,000–49,999	300
50,000 or more	600

iv)

Lease spaces:

For each one (1) linear foot of facade of a lease space of a multi-use complex or office complex or shopping center, two (2) square feet of building wall sign face area is allowed, not to exceed 200 square feet. Tenant signs in such complex or center shall be consistent in color and size and designed to complement or enhance the other signs in the complex or center.

Mounting:

Reverse Channel Signs (any color letter) must be back lit with white or off white. No illumination of any bulb type shall have exposed bulbs.

Individually-mounted channel letters or symbols are required for any lettering, logo, or wordmark and shall:

If the sign only contains words and no logo or wordmark, it may occupy 100 percent of the permitted area of the sign and be white, ivory, black, grey, beige or similar neutral colors or earth tone color;

ii.

If the sign has lettering or wordmark and a logo, the logo may only cover 20 percent of the permitted sign area and may be of any color and the letters must be white, ivory, black, grey, beige, similar neutral colors or earth tone color;

iii.

If the sign consists of a logo or wordmark only, the logo or wordmark may cover 100 percent of the sign and use any color;

iv.

Raceways shall match the color of the materials to which they are mounted. All electrical transformer boxes and raceways are required to be concealed from public view. If a raceway cannot be mounted internally behind the finished exterior wall, the exposed metal surfaces of the raceway shall be finished to match the background wall, or integrated into the overall design of the sign. If raceways are necessary, they must be as thin and narrow as possible and not extend in width or height beyond the area of the sign’s lettering or graphics. All exposed conduit and junction boxes shall also be concealed from public view.

Cabinet, Capsule, or Cloud signs (internally or externally illuminated) or Flat Panel signs of any kind are not permitted as building wall signage.

Awnings (attached to structures) or canopies (freestanding; i.e. gasoline canopy) shall be considered a building wall sign; however, the awning or canopy cannot exceed the total area as listed in Section 4.6018(a)(2) [Section 4.6017(a)(2)]. All awnings or canopies shall be compatible and complement the color scheme of the building or structure to which it is attached or associated with, rather than the color of the sign or its logo:

All awnings shall be metal containing a galvalume or earth tone color. Fabric awnings are prohibited.

ii)

A combination of the two (awning or canopy and wall sign) is allowed provided the square footage does not exceed the cumulative maximum total area described in Section 4.6018(a)(2) [Section 4.6017(a)(2)] the above section.

iii)

Only awnings shall be allowed to extend further than thirteen (13) inches beyond the building.

iv)

Any signage (word, number, figure, device, design or trademark logo or color) on a canopy (i.e. gas canopy, etc.) shall be subtracted from the allotted wall signage of the associated main building.

Window signage shall not exceed 25% of the window or glass area.

Neon signs are allowed provided they outline the window and do not exceed ten (10) percent coverage of the visible window pane area. “Open” signs shall not include any other wording or advertising and shall not flash, blink, or contain any movement.

Wall signs for lease spaces may not exceed 75% of the width of the lease space facade and shall be centered within the width of the lease space front facade.

Signs that project three (3) inches or more from the wall shall maintain a minimum clearance of nine (9) feet from the ground.

No more than one (1) sign per elevation per business may be installed. Rear wall signs are prohibited. If a building has two or more public entrances on a corner lot facing separate public streets, then an additional sign on the secondary street may be approved by the City Council, subject to the size limitations of Section 4.6018(a)(2) [Section 4.6017(a)(2)] stated herein.

Any building wall sign located in a GP, CR, or C District that does not conform to the regulations set forth in Section 4.6018(a) [Section 4.6017(a)(2)] may be located on a lot following the application and approval of a Specific Use Permit (SUP).

Monument Signs:

Monument signs must be built on a monument base with no separation between the base of the sign and natural grade. The sign base shall span the width of the sign face.

The sign base and sign structure of a monument sign shall be brick, stone, or masonry material matching the front facade of the associated building.

The sign face of a monument sign shall be framed by a minimum of six inches (6") of brick, stone, or masonry material matching the front facade of the building and have a sign face area not greater than 60 square feet.

A monument sign shall not exceed a height of 10 feet.

A monument sign shall be landscaped as follows:

A minimum landscaped area of twenty-four (24) square feet surrounding the perimeter of the base of the Monument Sign.

ii)

All landscaped areas shall be maintained in a healthy, neat and clean condition and at a height that does not obstruct the sign face or any text (including addressing information) located on the sign.

A monument sign shall contain only the name, logo, address, product or service of the establishment except as provided herein:

Gasoline service stations shall mount price per gallon signs on monument signs only; all other areas are prohibited (i.e. canopy, building, etc.).

ii)

The monument and individual tenant names of multi-tenant office and/or retail buildings may be listed subject to the following:

All individual tenant name plates shall be uniform in size, color and font; the background color for all sign panels on the sign shall be consistent.

Minimum letter size shall be six (6) inches,

If a tenant vacates the lease space, the name plate must be removed by the monument sign owner, owner of the property where the sign is located, or other party having control over such sign not later than 30 days after such vacancy;

No other advertising or promotional information is permitted on the multi-tenant monument sign;

iii)

A monument sign may be single or double faced.

iv)

Cabinet signs made of plastic or similar materials are not permitted as monument signs.

No more than one (1) monument sign may be located on the major traffic street or way on which the building abuts. If a building has two or more public entrances on separate public streets, one (1) additional monument sign with a maximum sign area of forty (40) square feet is allowed on the secondary street following approval of a Specific Use Permit.

A monument sign located in a GP, CR, or C District that does not conform to the regulations set forth in Section 4.6018(b) [Section 4.6017(b)] of this section may be located on a lot following the application and approval of a Specific Use Permit (SUP).

Pole Signs.

Poles signs are allowed only for those businesses having not less than 500 linear feet of continuous street frontage subject to the following:

No pole sign may be located on property adjacent to any public street or highway greater with a right-of-way width equal to or greater than 70 feet, current or proposed (as listed in the most current City’s Thoroughfare Plan) without the prior approval of a specific use Permit as authorized as part of a Planned Development. In no case, however, shall pole signs be allowed adjacent to the U.S. Highway 287 Bypass/Loop.

A pole sign shall not exceed a height of 25 feet and have a minimum clearance of 11 feet.

A pole sign shall be supported by a single or dual freestanding pole with no supporting guy wires and/or braces constructed.

The poles of a pole sign shall be encased with masonry columns.

The case of the pole sign shall be landscaped for distance of thi1ty (30) square feet outside of the distance of the poles with stone-base feature.

The sign face area shall not exceed 80 square feet on each face.

Only one (1) pole sign may be installed on each platted property or unified development.

One (1) ground sign can be allowed with a pole sign provided the ground sign is used for directional purposes only and cannot exceed three (3) feet in height with a sign face area of not greater than ten (10) square feet.

An ordinance setting fo1th the regulations of a Specific Use Permit (SUP) or Planned Development (PD) may add additional regulations, modify, or make exceptions to this Section 4.6018(c) [Section 4.6017(c)].

Special Provisions:

Signs may be illuminated, but the source of light shall not be visible to traveled ways and the entire image or displayed text shall not be animated, inte1mittent, or flashing.

An electronic message sign that complies with the following requirements may be approved administratively by staff:

Each message remains static for a minimum of 4 (four) seconds and operates in a way that all screen transitions occur within one (1) second such that the initial message does not fade, dissolve, or travel;

ii)

The electronic message center makes up no more than 32 square feet of the total sign area. In determining the area of the electronic message center, any border or frame provided shall not be included in determining the sign face area.

iii)

Only one electronic message center is visible anywhere on the exterior of the lot on which it is located;

iv)

The electronic message center is installed on a legally subdivided lot or parcel.

The electronic message center does not contain animation, rolling or running letters or message flashing lights or displays as part of the display.

vi)

The Electronic message center is not used to display commercial messages relating to products or services that are not offered on the premises.

vii)

All electronic message centers within two hundred (200) feet of a residential area must be turned off from 8:00 p.m. to 6:00 a.m.

viii)

The electronic message center does not exceed a light intensity of five hundred (500) NITS at night.

An electronic message center to be located in a GP, CR, or C District that does not conform to the regulations set forth in paragraph d)2) of this section may be located on a lot following the approval of a Specific Use Permit (SUP).

(Ordinance 2013-24, sec. 4.5841, adopted 7/9/13; Ordinance 2013-50 adopted 11/12/13; Ordinance 2016-51, sec. 1(I), adopted 12/13/16; Ordinance 2017-76, sec. 1, adopted 10/10/17; Ordinance 2018-20 adopted 4/10/18; Ordinance 2018-37 adopted 6/26/18; Ordinance 2019-18, sec. 1, adopted 4/9/19; Ordinance 2021-01 adopted 1/12/21)

§ 4.6018 UNIFIED SIGN AGREEMENTS.

Multiple lots that are either adjacent, contiguous, or separated only by a right-of-way (and not at cross corners or connected by narrow strips of land) and considered to be a unified development may be considered a single premises for the purpose of erecting on/off-premises signs, if a Unified Sign Agreement (USA) is approved by the City Council and executed in compliance with this Section.

Criteria for approval.

In consideration of whether to approve multiple lots as a single premises, the City Council shall consider the following criteria:

All areas to be combined in the Unified Sign Agreement (USA) shall be part of a clearly defined unified office, commercial, retail or industrial development constructed as a single destination point for customers and visitors. Attributes of a unified commercial or industrial development include:

Common name identification to the public;

ii)

Shared parking provided throughout the development;

iii)

Sign structures utilized for shared signage, including identification of the common name of the development;

iv)

Physical layout of the development results in a cohesive development; and,

The boundary area shall not be the combination of different premises joined solely for the purpose of initiating a Unified Sign Agreement.

The overall signage proposed within the Unified Sign Agreement (USA) should show an overall reduction in sign clutter as evidenced by a reduction in the number, size, and height of signs that would be allowed in the absence of a Unified Sign Agreement (USA).

A Unified Sign Agreement (USA) shall only be executed on property zoned General Professional (GP), Community Retail (CR), Commercial (C), or Light Industrial (LI) or Planned Developments (PD) for any combination of these or similar zoning district.

Only 1 unified sign agreement shall be allowed per unified development.

Allowed Signage.

Upon approval of a Unified Sign Agreement (USA), all existing signs remaining on the approved boundaries of the Agreement shall be removed or brought into compliance with the executed agreement and this Section. Existing signs shall not be considered nonconforming for the purposes of this executed agreement.

All new signs constructed after the executed agreement shall also comply with the executed Unified Sign Agreement (USA) and this Section.

Within the boundaries of the Unified Agreement (USA), spacing between detached signs shall be a minimum of 300 feet.

Sign Plan required.

A Sign Plan covering the entire boundary included in the Unified Sign Agreement (USA) shall be submitted to the City Council for approval. The Sign Plan shall contain the following information.

Description of development within the area of the unified sign agreement demonstrating the attributes of a unified commercial or industrial development as described in Section a. above.

ii)

The location, size, and height of all existing and proposed signs;

iii)

Demonstrate an overall reduction in sign clutter as evidenced by a reduction in the number, size and height of detached signs.

iv)

A copy of the Sign Plan shall be attached to the Unified Sign Agreement (USA) and may be amended only with the approval of the City Council.

Notification Requirements.

Upon review of a Unified Sign Agreement (USA) or an amendment of a Unified Sign Agreement (USA) by the Planning Director or designated representative, notice shall be sent by regular United States Mail to all property owners within 200 feet of the boundaries of the area included in the agreement, as indicated on the most recently approved municipal tax roll.

Such notice shall provide a brief description of the Unified Sign Agreement (USA) and the location of the area included in the agreement.

The notice shall be mailed no later than 20 days prior to consideration of the agreement by the City Council.

Execution, Amendment, Termination and Filing of Unified Sign Agreements.

The Unified Sign Agreement shall:

Contain the names and addresses of the owners and the legal descriptions of all properties within the Unified Sign Agreement;

ii)

State that all parties agree that the properties covered by the Agreement may be collectively treated as a single premises for the limited purpose of determining the number, size and location of on/off-premises signs permitted in accordance with this Section;

iii)

State that the Agreement constitutes a covenant running with the land with respect to all properties subject to the agreement;

iv)

State that all parties agree to defend, indemnify and hold harmless the City of Midlothian from and against all claims or liabilities arising out of or in connection with the agreement;

State that the agreement will be governed by the laws of the State of Texas;

vi)

State that the agreement may be amended or terminated only in accordance with subsection 2) below;

vii)

Be approved by the City Council and approved as to form by the City Attorney;

viii)

Be signed by all owners of the properties included in the agreement and the City of Midlothian; and

ix)

Be signed by all lienholders, other than taxing entities, that have either an interest in the lots covered by the agreement or an improvement on those properties.

A Unified Sign Agreement (USA) may be amended or terminated as follows:

The amendment or Termination Agreement shall be executed by all owners of the properties included in the Unified Sign Agreement, and all lienholders, other than a taxing entity, that have an interest in land covered by the agreement or an improvement on such land.

ii)

A termination agreement may be approved by the City Council if all signs on the property governed by the agreement are in compliance with the most current Sign Regulations, as if no Unified Sign Agreement had been executed. Any signs that are not in compliance shall be removed or brought into compliance prior to approval of the agreement by the City Council.

A Unified Sign Agreement or an agreement to amend or terminate such an agreement is not effective until the agreement is approved by the City Council, approved as to form by the City Attorney and the agreement is filed in the Ellis County Clerk’s Office, and two (2) file-marked copies of the Agreement are delivered to the Planning Director or designated representative.

(Ordinance 2013-24, sec. 4.5842, adopted 7/9/13; Ordinance 2018-20 adopted 4/10/18)

§ 4.6019 SIGNS LOCATED IN THE CENTRAL BUSINESS DISTRICT (CBD).

Generally:

Signs located on property within the Central Business District shall comply with the following design guidelines:

Signs should be architecturally integrated and complementary to the overall design of the buildings and provide a compatible appearance with the existing signage of other tenants while keeping the overall character of downtown intact.

Signs should promote retail and street activity while enhancing the pedestrian experience.

Signs should enhance the primary design elements or unique architectural features of buildings. Unique design elements should help when determining the size and location of a sign on the building.

Wall Signs:

Wall signs located on buildings within the CBD shall comply with the following:

Each building front may have no more than one (1) sign per tenant.

The sign face area for each tenant shall be 10% of the front or rear building facade area of the tenant space.

Wall signs may be flush mounted, painted or extend beyond the building into the City right-of-way with approval of the Planning Director.

The wall sign may either be:

externally lit, or;

only the letters or a border shall be internally lit.

Window signs and sidewalk sandwich signs are not included in these maximum signage totals.

Canopy/Awning Sign.

Canopy/awning signs located on buildings within the CBD shall comply with the following:

Canopy/awnings signs placed over tenant spaces are allowed and may extend into the City right-of-way with approval of the Planning Director.

Signs placed on canopy/awnings are allowed and shall not be internally lit.

Window Signs.

Window signs located on buildings within the CBD shall comply with the following:

Window signs may be painted or applied directly to the window.

Window signs may cover up to 25% of the glass pane and shall only promote products or services offered on-site.

No opaque tint shall be allowed along any front facade ground-level windows. Any tint provided shall allow at least 70% of the visible light through the windows.

No sign permit is required.

Sidewalk Sandwich Signs:

Sidewalk sandwich signs located on property within the CBD shall comply with the following:

Sidewalk sandwich signs may be placed on the sidewalk only during business hours and shall only promote products or services offered on-site.

Sidewalk sandwich signs may not exceed four (4) feet in height.

Not less than five (5) feet of sidewalk clearance for pedestrians must be maintained when a sidewalk sandwich sign is placed.

The signs may extend into the City right-of-way.

The signs shall be properly anchored or weighted against the wind.

No sign permit is required.

Ground Signs:

Ground signs located on property within the CBD shall comply with the following:

Height shall not exceed five (5) feet.

Sign face area shall not exceed thirty (30) square feet.

Sign must include a landscaped, stone-base feature with landscaping maintained at a height that does not obstruct the sign face or any text (including addressing information) located on the sign.

The sign shall not be placed in the right-of-way and shall only be externally lit.

Temporary Signs:

Temporary signs located on property within the CBD shall comply with the following:

Temporary signs may include but not limited to banners, flags, etc. and may be placed when related to a holiday, special event, or promotion.

Temporary signs may be displayed for up to 90 days per calendar year and shall be removed 10 days after the conclusion of the holiday or event.

Banners can have a total sign face area not exceeding 20 square feet.

A Temporary Sign Permit is required prior to installation.

Electronic Signs:

Electronic signs located on property within the CBD shall comply with the following:

An on-site electronic sign with a maximum display area of six (6) square feet may only be installed in an interior window.

Electronic signs shall only operate during the hours that the business is open to the public.

No sign permit is required.

Murals/Historic Signs:

Mural/historic signs located on buildings within the CBD shall comply with the following:

Murals and historic signs that display a historic scene/event or an old business that was once integral to the history of the city are permitted.

Murals and historic signs shall be reviewed by the Historic Advisory Board and require City Council approval prior to obtaining a Sign Permit.

Prohibition of Signs in the CBD District:

The following are prohibited in the CBD District:

Pole signs;

Internally lit signs that do not adhere to Subsection a), above;

Animated or flashing signs;

Signs unrelated to the business, products or services offered in the building, except as stated in Subsection h) above;

Advertising signs on trash cans, planters, and benches;

Temporary signs made into permanent signs;

Signs that obscure significant architectural features of the building; and

Signs that are not properly maintained.

(Ordinance 2013-24, sec. 4.5843, adopted 7/9/13; Ordinance 2018-20 adopted 4/10/18)

§ 4.6020 SIGNS LOCATED IN MEDIUM INDUSTRIAL (MI) OR HEAVY INDUSTRIAL (HI) DISTRICTS.

Signs located in Medium Industrial (MI) and Heavy Industrial (HI) zoning districts shall be permitted to identify the use or uses of the property upon which they are displayed subject to the following:

Building Signs:

Building Signs shall not extend beyond the building.

In no case shall any building sign or group of building signs have a cumulative total of sign face area that exceeds twenty percent (20%) of the wall area upon which that building sign or group of building signs is attached. For purposes of this section, wall surface area shall include the area of doors, and windows.

Canopy or awning signs shall be considered to be building signs; however, canopy or awning signs shall not exceed the total area of the above section.

A combination of the two is allowed provided the square footage does not exceed the total area described in Subsection 2), above.

ii)

Only canopy and awning signs shall be allowed to extend beyond the building.

Window signs shall not exceed 25% of the window or glass area.

Ground Signs:

Ground signs shall comply with Section 4.6018(b) [Section 4.6017(b).]

Pole Sign:

Pole signs shall be subject to the following:

No pole sign may be located on property adjacent to any public street or highway greater with a right-of-way width equal to or greater than 70 feet, current or proposed (as listed in the most current City’s Thoroughfare Plan) without the prior approval of a specific use permit as authorized as part of a Planned Development.

Pole sign shall not exceed 25 feet in height with a minimum clearance of 11 feet.

A pole sign shall be supported by a single or dual freestanding pole with no supporting guy wires and/or braces constructed.

The poles of a pole sign shall be encased with masonry columns.

Sign face area shall not exceed 80 square feet for each fact [face].

The case of the pole sign shall a landscaped area of not less than 30 square feet around the outside of the distance of the poles with stone-base feature.

Only one (1) pole sign may be installed on each platted property or unified development.

Pole signs shall be located not less than 500 feet from Districts “A,” “SF-1,” “SF-2,” “SF-3,” “SF-4,” “R1.5,” “R2.5,” “R3,” “MD-1,” “MD-2,” “MH,” and “MF” and any other residential zoning district that is established after the effective date of this ordinance.

10)

An ordinance setting forth the regulations of a Specific Use Permit (SUP) or Planned Development (PD) may add additional regulations, modify, or make exceptions to this Section 4.6018(c) [Section 4.6017(c)].

Special Provisions:

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

An electronic message sign that complies with the following requirements may be approved administratively by staff:

ii)

iii)

Only one electronic message center is visible anywhere on the exterior of the lot on which it is located;

iv)

The electronic message center is installed on a legally subdivided lot or parcel.

The electronic message center does not contain animation, rolling or running letters or message flashing lights or displays as part of the display.

vi)

The Electronic message center is not used to display commercial messages relating to products or services that are not offered on the premises.

vii)

All electronic message centers within two hundred (200) feet of a residential area must be turned off from 8:00 p.m. to 6:00 a.m.

viii)

The electronic message center does not exceed a light intensity of five hundred (500) NITS at night.

An electronic message center to be located in a LI, MI, or HI District that does not conform to the regulations set forth in paragraph d)2) of this section may be located on a lot following the approval of a Specific Use Permit (SUP).

(Ordinance 2013-24, sec. 4.5844, adopted 7/9/13; Ordinance 2016-51, sec. 1(J), adopted 12/13/16; Ordinance 2018-20 adopted 4/10/18; Ordinance 2021-01 adopted 1/12/21)

§ 4.6021 PERMITS.

Except where expressly exempted as provided by applicable ordinance, any person, firm, or corporation desiring to construct or cause to be constructed, install[ed] or alter[ed] any sign or billboard within the city shall first apply for and obtain a permit from the Development Services Department. All signs must be from a registered sign graphics company or operator.

A Permit fee shall be paid by the applicant before any sign permit is issued.

Before a sign Permit for a sign located adjacent to an Interstate and/or Federal Aid primary highway or other road or highway regulated by the Texas Department of Transportation, the applicant for the sign permit must present proof of having first obtained an outdoor Advertising license from the State of Texas for the purpose of advertising along said road or highway or otherwise establish that such permit or license is not required by state or federal law or regulation.

(Ordinance 2013-24, sec. 4.5851, adopted 7/9/13; Ordinance 2018-20 adopted 4/10/18)

§ 4.6022 SYMBOLS.

Symbols which are designed as an integral part of the building structure and symbols and signs which are not visible or readable from the public street or right-of-way shall not be limited by the sign regulations of the applicable zoning district or land use category.

(Ordinance 2013-24, sec. 4.5852, adopted 7/9/13; Ordinance 2018-20 adopted 4/10/18)

§ 4.6023 TRAFFIC CONTROL CONFLICTS.

No sign or lighting permitted under these regulations shall be erected, placed or allowed to remain whereby such creates confusion, impairs hearing or vision, or otherwise distracts the automotive driver using any public street.

(Ordinance 2013-24, sec. 4.5853, adopted 7/9/13; Ordinance 2018-20 adopted 4/10/18)

§ 4.6024 RESIDENTIAL AREA NUISANCE.

No sign or lighting permitted under these regulations shall be authorized whereby such sign or lighting, by reason of placement, lack of shielding, noise generation or character of operation, would be adverse to the normal sensibilities of a person residing on adjacent property or would interfere with the reasonable use, enjoyment or right of privacy on his property. Specifically:

The source of lighting shall not be directly visible from the adjacent residential property and light shall be shielded downward to prevent such exposure:

The noise level of signs and lighting fixtures, when measured within the adjacent dwelling unit, shall not be greater than the noise levels of equipment customarily in operation in the home (50 dBA).

(Ordinance 2013-24, sec. 4.5854, adopted 7/9/13; Ordinance 2018-20 adopted 4/10/18)

§ 4.6025 SIGNS IN OR OVER RIGHTS-OF-WAY PROHIBITED.

Except as otherwise allowed by ordinance, no sign shall be located within or project over the right-of-way of any public highway, street, or alley, regardless of whether a permit is required to be issued prior to its installation or construction, without first entering into a Right-of-Way Encroachment with the City after approval by the City Council. This Section 4.6025 shall not apply to:

Official traffic-control signs or entrance and exit signs less than 30 inches above grade placed with permission of the City.

Any sign placed by the City to promote civic events, local businesses, and community-wide events.

Kiosk signs installed in accordance with Section 4.6007.

(Ordinance 2013-24, sec. 4.5855, adopted 7/9/13; Ordinance 2018-20 adopted 4/10/18)

§ 4.6026 REMOVAL WHEN UNSAFE OR UNLAWFUL; AUTHORITY OF BUILDING INSPECTOR OR CODE ENFORCEMENT OFFICER.

The owner of any sign shall keep the sign and all related supporting structures, guy wires, braces, anchors, in safe condition at all times.

The Building Inspector or Code Enforcement Officer or a designated representative shall give written notice to the sign owner and the property owner upon a finding that a sign is unsafe or insecure, is a menace to the public, or unlawful.

If within ten (10) days after receipt to the notice required by subsection b), above, such owner fails to remove or alter the sign in order to make such sign safe and secure or otherwise perform such work as necessary to bring the sign into compliance with applicable building codes and regulations enacted by the City, the Building Inspector or Code Enforcement Officer or a designated representative may cause such sign to be removed or altered to comply with applicable ordinances at the expense of the sign owner or owner of the property upon which the sign is located.

The Building Inspector or Code Enforcement Officer or a designated representative may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice.

(Ordinance 2013-24, sec. 4.5857, adopted 7/9/13; Ordinance 2018-20 adopted 4/10/18)

§ 4.6027 REMOVAL OF ABANDONED SIGNS.

An abandoned sign or abandoned sign structure remaining on property beyond the period authorized by this section creates a blight on the community and is declared to be a public nuisance. An abandoned sign or abandoned sign structure that is not also sign structure must be removed from the premises if not repaired in accordance with Section 4.6026:

on or after the first anniversary of the date the business, person, or activity that the abandoned sign or sign structure identifies or advertises ceases to operate on the premises on which the abandoned sign or abandoned sign structure is located; or

if the premises containing the abandoned sign or abandoned sign structure is leased, on or after the second anniversary after the date the most recent tenant ceased operating on the premises on which the abandoned sign or abandoned sign structure is located; or

if the abandoned sign or abandoned sign structure advertises a time, event, or purpose which no longer applies, not later than ten (10) days after the termination of the time, event, or purpose.

Signs that would otherwise by removed pursuant to subsections a)1) or a)2), above, are not required to be removed if the copy portion of the sign identifying the business or tenant no longer located on the property is obscured so that the business to which the sign related is not visible; provided, however, (i) removal of a sign face on a cabinet sign without replacing the sign face with a blank sign face or (ii) removal of a canopy and leaving only the canopy frame, is prohibited. Painted wall signs shall be painted over with a color that resembles or matches the wall and does not allow the sign message to be visible after overpainting.

This section does not apply to political signs.

For purposes of this Section 4.6027, “abandoned sign” and “abandoned sign structure” means a sign or sign structure, respectively, that identifies a business, person, or activity that no longer occupies or operates on the premises on which the sign or sign structure is located or pertains to a time, event, or purpose which no longer applies.

(Ordinance 2013-24, sec. 4.5857, adopted 7/9/13; Ordinance 2018-20 adopted 4/10/18)

§ 4.6028 PROHIBITIONS.

The following signs are prohibited:

Signs that imitate or resemble “any official traffic sign, signal or device” or using a revolving beam or beacon resembling any “emergency vehicle.”

Signs erected, maintained, or attached to on trees or which are painted or drawn upon rocks or other natural features.

Development directional signs.

Cloth, canvas, paper, balloons, streamers, bunting, banners, flags, pole signs, signs that contain moving parts or devices other than in rigid frames unless otherwise expressly allowed by ordinance.

Signs erected in violation of the building or electrical code of the city.

Signs attached to or maintained upon any public utility pole or structure.

Signs attached to or painted on the outside of a fence, railing or wall that is not a structural part of a building.

Signs attached to or painted on any sidewalk, curb, gutter, or street (except house address numbers).

No person shall display on any sign any obscene, indecent or immoral matter. Any sign which contains any obscene, indecent or immoral matter shall be removed or the obscene, indecent or immoral matter must be removed within 24 hours of notice.

(Ordinance 2013-24, sec. 4.5858, adopted 7/9/13; Ordinance 2018-20 adopted 4/10/18)

§ 4.6029 GOVERNMENTAL SIGNS.

“Governmental Sign” Defined.

For purposes of this section, “governmental sign” means a temporary or permanent sign owned, leased, or operated by the City or other governmental entity, located on public or private property, and used solely to provide information, directions, or warnings to the public, including, but not limited to, information about public events sponsored by the governmental entity. A governmental sign is not a billboard even if located off-premises from property owned or leased by the governmental entity.

Location.

Governmental signs may be located in any zoning district in the City’s corporate limits or in the City’s extraterritorial jurisdiction.

Sign Design and Placement Criteria.

The design and location of a governmental sign on a specific property shall be subject to the regulations relating to location and design for the zoning district in which the governmental sign is located.

Traffic-Control Signs Exempt.

Traffic-control signs installed by a governmental entity, or by a contractor performing work in or adjacent to highways, streets, and alleys as authorized by a governmental entity, are exempt from this section.

(Ordinance 2017-76, sec. 2, adopted 10/10/17; Ordinance 2018-20 adopted 4/10/18)

§ 4.6030 COLORS OR PALETTE AS A REFERENCE FOR SIGN CONTRACTORS.

Earth tone is a color scheme that draws from a color palette of browns, tans, warm grays, greens, oranges, whites, and some reds, and some blues. The colors in an earth tone scheme are muted and flat in an emulation of the natural colors found in dirt, moss, trees and rocks:

Neutral colors are colors that are lacking hue, usually they are very light colors such as gray, beige and taupe (brownish-gray). Neutral colors are usually dusky in nature and “achromatic”:

A “Special Exception” may be obtained to request colors not shown under this Section 4.6030.

(Ordinance 2018-20 adopted 4/10/18)

Midlothian City Zoning Code

SECTION 4

NONRESIDENTIAL DISTRICTS AND REGULATIONS

§ 4.01 NONRESIDENTIAL DISTRICT REGULATIONS TABLE (QUICK REFERENCE).

Regulation	GP	CR	C	CBD	N8	LI	MI	HI
Min. Lot Size (sq. ft.)	12,500	12,500	12,500	No minimum	–	No minimum	No minimum	No minimum
Min. Lot Width (ft.)	125	125	125	No minimum	–	No minimum	No minimum	No minimum
Min. Lot Depth (ft.)	–	–	–	–	–	–	–	–
Min. Masonry Coverage	90%	90%	90%	90%	90%	90%	90%	90%
Max. Impervious Coverage	80%	80%	80%	No maximum	80%	85%	85%	85%
Max. Height (ft.)	35	35	35	3 stories	20 or 2 stories	35	60 or 5 stories	No maximum
Min. Front Yard Setback (ft.)	25	25	25	No minimum, max. 10 ft.	Maximum 15 ft.	25	25	25
Min. Side Yard Setback (ft.) (side/res/no nres)	15/10/20	15/10/20	15/10/20	No minimum	Min. 5 ft. Max. 10 ft.	15/10/20	15/0/20	15/0/20
Min. Rear Yard Setback (ft.) (nonres/res)	10/20	10/20	10/20	No minimum; 10 ft. if adjace nt to residen tial only	Min. 5 ft. Max. 10 ft.	10/20	10/20	10/20

(Ordinance 2013-24, sec. 4.01, adopted 7/9/13)

§ 4.02 PERMITTED USES.

(Ordinance 2013-24, sec. 4.02, adopted 7/9/13)

§ 4.100 PURPOSE.

(Ordinance 2013-24, sec. 4.100, adopted 7/9/13)

§ 4.101 DISTRICT REGULATIONS & STANDARDS.

District Regulation	Standard
Minimum Lot Area	12,500 square feet
Minimum Lot Width	125 feet*
Maximum Lot Coverage	80%
Maximum Height	35 feet**
Minimum Masonry Coverage	90%
Minimum Front Yard Setback	25 feet
Minimum Side Yard Setback (street/nonresidential/residential)	15/10/20 feet
Minimum Rear Yard Setback (nonresidential/residential)	10/20 feet

*	Measured at the front setback line
**	May extend an additional 15 feet if it has a distinct architectural feature of the structure and is not considered usable floor area (i.e. towers, steeples, domes, spires, roof gables) and must be approved by the planning director.

Nonresidential Regulation	Standard
Accessory Buildings	see Section 4.5100
Fencing Regulations	see Section 4.5200
Landscaping/Streetscaping Regulations	see Section 4.5400
Masonry, Architecture Design & Building	see Section 4.5500
Parking Regulations	see Section 4.5600
Signage Regulations	see Section 4.6000

(Ordinance 2013-24, sec. 4.101, adopted 7/9/13)

§ 4.200 PURPOSE.

(Ordinance 2013-24, sec. 4.200, adopted 7/9/13)

§ 4.201 DISTRICT REGULATIONS & STANDARDS.

District Regulation	Standard
Minimum Lot Area	12,500 square feet
Minimum Lot Width	125 feet*
Maximum Lot Coverage	80%
Maximum Height	35 feet**
Minimum Masonry Coverage	90%
Minimum Front Yard Setback	25 feet
Minimum Side Yard Setback (street/nonresidential/residential)	15/10/20 feet
Minimum Rear Yard Setback (nonresidential/residential)	10/20 feet

*	Measured at the front setback line
**	May extend an additional 15 feet if it has a distinct architectural feature of the structure and is not considered usable floor area (i.e. towers, steeples, domes, spires, roof gables) and must be approved by the planning director.

Nonresidential Regulation	Standard
Accessory Buildings	see Section 4.5100
Fencing Regulations	see Section 4.5200
Landscaping/Streetscaping Regulations	see Section 4.5400
Masonry, Architecture Design & Building	see Section 4.5500
Parking Regulations	see Section 4.5600
Signage Regulations	see Section 4.6000

(Ordinance 2013-24, sec. 4.201, adopted 7/9/13)

§ 4.300 PURPOSE.

(Ordinance 2013-24, sec. 4.300, adopted 7/9/13)

§ 4.301 DISTRICT REGULATIONS & STANDARDS.

District Regulation	Standard
Minimum Lot Area	12,500 square feet
Minimum Lot Width	125 feet*
Maximum Lot Coverage	80%
Maximum Height	35 feet**
Minimum Masonry Coverage	90%
Minimum Front Yard Setback	25 feet
Minimum Side Yard Setback (street/nonresidential/residential)	15/10/20 feet
Minimum Rear Yard Setback (nonresidential/residential)	10/20 feet

*	Measured at the front setback line
**	May extend an additional 15 feet if it has a distinct architectural feature of the structure and is not considered usable floor area (i.e. towers, steeples, domes, spires, roof gables) and must be approved by the planning director.

Nonresidential Regulation	Standard
Accessory Buildings	see Section 4.5100
Fencing Regulations	see Section 4.5200
Landscaping/Streetscaping Regulations	see Section 4.5400
Masonry, Architecture Design & Building	see Section 4.5500
Parking Regulations	see Section 4.5600
Signage Regulations	see Section 4.6000

(Ordinance 2013-24, sec. 4.301, adopted 7/9/13)

§ 4.400 PURPOSE.

(Ordinance 2013-24, sec. 4.400, adopted 7/9/13)

§ 4.401 DISTRICT REGULATIONS & STANDARDS.

District Regulation	Standard
Minimum Lot Area	No minimum
Minimum Lot Width	No minimum
Maximum Lot Coverage	No minimum
Maximum Height	10 stories
Minimum Masonry Coverage	90%
Minimum Front Yard Setback	No minimum
Minimum Side Yard Setback	No minimum
Minimum Rear Yard Setback (nonresidential/residential)	0/10 feet

Nonresidential Regulation	Standard
Accessory Buildings	see Section 4.5100
Fencing Regulations*	see Section 4.5200
Landscaping*/Streetscaping Regulations	see Section 4.5400
Masonry, Architecture Design & Building	see Section 4.5500
Parking Regulations*	see Section 4.5600
Signage Regulations	see Section 4.6000

*	No minimum for this standard is required within this district

(Ordinance 2013-24, sec. 4.401, adopted 7/9/13)

§ 4.402 RESIDENTIAL USES IN THE CENTRAL BUSINESS DISTRICT (CBD).

Residential uses in the CBD require a Specific Use Permit[.]

All buildings and structures approved for residential uses must meet all applicable Uniform Building and Fire Codes.

(Ordinance 2013-24, sec. 4.402, adopted 7/9/13)

§ 4.403 DOWNTOWN DESIGN GUIDELINES & REVIEW AUTHORITY.

The City Council shall hear all appeals with respect to the decisions of the Historic Advisory Board and Planning and Zoning Commission.

(Ordinance 2013-24, sec. 4.403, adopted 7/9/13)

§ 4.404 ADDITIONAL DESIGN REQUIREMENTS IN THE CENTRAL BUSINESS DISTRICT.

The 1st floor must have minimum fenestration coverage of 70%.

There shall be a wooden kick panel with a minimum height of 18 inches.

There shall be a minimum 5-foot awning extension at the point of main entry.

Window signage or cover shall be a maximum of 25%.

Windows shall not be opaque; the interior of the building must be visible from the outside.

All structures shall be 100% masonry construction.

Doors and windows shall have a wood, bronze, antique metal finish or the appearance thereof.

Windows on the second story of a structure must be double-hung or have the appearance thereof.

(Ordinance 2013-24, sec. 4.404, adopted 7/9/13)

§ 4.500 PURPOSE.

* Encourage economic development that is sensitive to the identity of the City;

* Preserve the corridor as an entryway into the downtown area;

* Allow full utilization of small or irregularly sized parcels;

* Unify the area as a cohesive and attractive commercial corridor;

* Restricting certain land uses that may inhibit investment and improvement of property; and,

* Create a pedestrian-oriented streetscape.

(Ordinance 2013-24, sec. 4.500, adopted 7/9/13)

§ 4.501 BOUNDARIES.

The North 8th Street District (8th) shall apply to all property located on both sides of North 8th Street from West Avenue B to West Avenue E, and being one lot deep.

(Ordinance 2013-24, sec. 4.501, adopted 7/9/13)

§ 4.502 ALLOWED USES.

Any existing single-family residential use is exempt from all the nonconforming standards found in Section 9.

The following are the only allowed uses within the North 8th Street District with a maximum floor area ratio of 1:1:

Existing single-family residential.

Professional office use (accountant, bank, insurance, lawyer, real estate, tax advisor, travel agent, etc.).

Medical office use (doctor, dentist, or other licensed medical practitioner).

Counseling services (psychiatrist, psychologist, or other licensed counseling practitioner).

Retail shops and services (computer software, clothing, jewelry, flower shop, candles, arts & crafts, hobby shops, artist studio, photography, barber/hair salon, professional licensed massage).

Animal services (grooming, small animal veterinarian, etc.; kennels not allowed).

Medical records production.

Brewpub, with an approved Specific Use Permit (SUP).

(Ordinance 2013-24, sec. 4.502, adopted 7/9/13; Ordinance 2019-41, sec. 3, adopted 8/27/19)

§ 4.503 AREA REGULATIONS.

District Regulation	Standard
Minimum Lot Area	No minimum
Minimum Lot Width	No minimum
Maximum Lot Coverage	No minimum
Maximum Height	20 feet
Minimum Masonry Coverage	90%
Minimum Front Yard Setback	15 feet
Minimum Side Yard Setback	5/10 feet
Minimum Rear Yard Setback (nonresidential/residential)	5/10 feet

Nonresidential Regulation	Standard
Accessory Buildings	see Section 4.5100
Fencing Regulations	see Section 4.506 [4.507]
Landscaping/Streetscaping Regulations	see Section 4.508 [4.509]
Masonry, Architecture Design & Building	see Section 4.503 [4.504]
Parking Regulations	see Section 4.505 [4.506]
Signage Regulations	see Section 4.504 [4.505]
Lighting Regulations	see Section 4.507 [4.508]

(Ordinance 2013-24, sec. 4.503, adopted 7/9/13)

§ 4.504 ARCHITECTURAL REGULATIONS.

Exterior walls may be of a cementious fiberboard material consistent with the historic-themed architecture[.]

Roof pitches & slopes shall be a material consistent with the architectural design of surrounding structures.

(Ordinance 2013-24, sec. 4.504, adopted 7/9/13)

§ 4.505 SIGNAGE REGULATIONS.

Signage shall be consistent with the following requirements:

Ground signs shall only be allowed for nonresidential uses.

Maximum height of 4 feet and 20 square feet of sign face (limit 2 sides).

ii)

Shall only be externally lit.

iii)

Shall be landscaped at the base and be of an architecture style appropriate to the character of the building and District.

Signage shall be integrated into the building design and be of style that complements the architecture of the structure.

Wall signage may be externally lit only.

If no ground sign is provided, wall signage may increase up to an additional 20 square [feet].

All other signs shall meet the requirements of Section 4.6000.

Any residential uses that have a display or wall signage shall not be lit in any manner.

(Ordinance 2013-24, sec. 4.505, adopted 7/9/13)

§ 4.506 PARKING REGULATIONS.

An alternative parking pavement may be allowed if approved by the City Engineer.

On-street parking may count toward the required parking if it meets the following conditions:

May only be allowed on streets that run perpendicular to North 8th Street (Avenue B, Avenue C, and Avenue D). Additional approval and requirements may be required in the public right-of-way.

Parking plan shall be approved by the City Engineer.

Off-street parking is encouraged to be placed behind the building with access from the alley upon successful improvements approved by the City Engineer.

(Ordinance 2013-24, sec. 4.506, adopted 7/9/13)

§ 4.507 FENCING REGULATIONS.

A decorative fence, such as a wrought iron, picket, or other open design, may be allowed in the front yard provided it does not exceed 3 feet in height.

For the purposes of this zoning district, the higher intense use shall be responsible for the placement of the fence.

(Ordinance 2013-24, sec. 4.507, adopted 7/9/13)

§ 4.508 LIGHTING REGULATIONS.

All lighting shall be fully shielded and downcast so as not to shine onto adjoining properties and rights-of-way and to not be a hazard to the passing motorist or constitute a nuisance of any kind.

Any light posts shall be of a historic and pedestrian style with the ability to hang vertical banners.

All light posts shall be painted black.

(Ordinance 2013-24, 4.508, adopted 7/9/13)

§ 4.509 LANDSCAPING REGULATIONS.

A minimum canopy coverage of 25% shall be maintained for all lots through existing or new landscaping. The canopy coverage shall be measured in relation to the coverage of the lot.

All other landscaping shall meet the standards set forth in Section 4.5400.

(Ordinance 2013-24, sec. 4.509, adopted 7/9/13)

§ 4.600 PURPOSE.

(Ordinance 2013-24, sec. 4.600, adopted 7/9/13)

§ 4.601 DISTRICT REGULATIONS & STANDARDS.

District Regulation	Standard
Minimum Lot Area	No minimum
Minimum Lot Width	No minimum
Maximum Lot Coverage	85%
Maximum Height	35 feet*
Minimum Masonry Coverage	90%
Minimum Front Yard Setback	25 feet
Minimum Side Yard Setback (street/nonresidential/residential)	15/0/20 feet
Minimum Rear Yard Setback (street/nonresidential/residential)	10/20 feet

*	May extend an additional 15 feet if it has a distinct architectural feature of the structure and is not considered usable floor area (i.e. towers, steeples, domes, spires, roof gables) and must be approved by the planning director.

Nonresidential Regulation	Standard
Accessory Buildings	see Section 4.5100
Fencing Regulations	see Section 4.5200
Landscaping/Streetscaping Regulations	see Section 4.5400
Masonry, Architecture Design & Building	see Section 4.5500
Parking Regulations*	see Section 4.5600
Signage Regulations	see Section 4.6000

(Ordinance 2013-24, sec. 4.601, adopted 7/9/13)

§ 4.700 PURPOSE.

(Ordinance 2013-24, sec. 4.700, adopted 7/9/13)

§ 4.701 DISTRICT REGULATIONS & STANDARDS.

District Regulation	Standard
Minimum Lot Area	No minimum
Minimum Lot Width	No minimum
Maximum Lot Coverage	85%
Maximum Height	60 feet / 5 stories
Minimum Masonry Coverage	70%
Minimum Front Yard Setback	25 feet
Minimum Side Yard Setback (street/nonresidential/residential)	15/0/20 feet
Minimum Rear Yard Setback (street/nonresidential/residential)	10/20 feet

Nonresidential Regulation	Standard
Accessory Buildings	see Section 4.5100
Fencing Regulations	see Section 4.5200
Landscaping/Streetscaping Regulations	see Section 4.5400
Masonry, Architecture Design & Building	see Section 4.5500
Parking Regulations	see Section 4.5600
Signage Regulations	see Section 4.6000

(Ordinance 2013-24, sec. 4.701, adopted 7/9/13)

§ 4.800 PURPOSE.

(Ordinance 2013-24, sec. 4.800, adopted 7/9/13)

§ 4.801 DISTRICT REGULATIONS & STANDARDS.

District Regulation	Standard
Minimum Lot Area	No minimum
Minimum Lot Width	No minimum
Maximum Lot Coverage	85%
Maximum Height	No max.
Minimum Masonry Coverage	70%
Minimum Front Yard Setback	25 feet
Minimum Side Yard Setback (street/nonresidential/residential)	15/0/20 feet
Minimum Rear Yard Setback (street/nonresidential/residential)	10/20 feet

Nonresidential Regulation	Standard
Accessory Buildings	see Section 4.5100
Fencing Regulations	see Section 4.5200
Landscaping/Streetscaping Regulations	see Section 4.5400
Masonry, Architecture Design & Building	see Section 4.5500
Parking Regulations	see Section 4.5600
Signage Regulations	see Section 4.6000

(Ordinance 2013-24, sec. 4.801, adopted 7/9/13)

§ 4.802 PERFORMANCE STANDARDS.

Noise:

Vibration:

Frequency (Cycles/Second)	Column I Displacement (inches)	Column II Displacement* (inches)
0 to 10	0.0022	0.0008
11 to 20	0.0016	0.0005
21 to 30	0.0010	0.0002
31+	0.0005	0.0001