(A)   Specific use permits.

      (1)   The City Council, by an affirmative vote may, after public hearing and proper notice to all parties affected and after recommendations from the Planning and Zoning Commission that the use is in general conformance with the Master Plan of the city and containing such requirements and safeguards as are necessary to protect adjoining property, authorize a specific use permit. Application shall be accompanied by a site plan drawn to scale and showing the general arrangements of the project, together with essential requirements such as off-street parking facilities; size, height, construction materials and locations of buildings and the uses to be permitted; location and construction of signs; means of ingress and egress to public streets; the type of visual screening such as walls, plantings and fences; and the relationship of the intended use to all existing properties and land uses in all directions to a minimum distance of 200 feet.

      (2)   Specific use permit regulations:

         (a)   All applications for a specific use shall be accompanied by two copies of a site plan, as defined in this chapter;

         (b)   An application for a specific use shall not be accepted unless all requirements of this section are shown on the site plan at the time application is made;

         (c)   If the property has not previously been platted, or if the specific use requested necessitates a re-plat, an application for approval of preliminary plat shall be filed with the application;

         (d)   All uses permitted in this district shall meet the minimum requirements for that use or similar type uses provided in the district in which the use or similar type use is permitted. However, the City Council may vary the requirements to allow flexibility for modern urban planning and design;

         (e)   When any proposed development involves provisions for common areas, such as open space, recreational areas and the like, copies of the proposed articles of incorporation, by-laws and protective covenants shall be filed at the time of application. Provisions shall be made for the permanent care and maintenance of such common areas;

         (f)   In recommending that a specific use permit for the premises under construction be granted, the Planning and Zoning Commission shall determine that such uses are harmonious with and adaptable to building structures and uses of abutting property and other property in the vicinity of the premises under consideration and shall make recommendations as to requirements for the paving of streets, alleys and sidewalks, means of ingress and egress to public streets, provisions for drainage, adequate off-street parking, protective screening and open space heights of structures and compatibility of building;

         (g)   Every specific use permit granted under these provisions shall be considered as an amendment to this chapter as applicable to such property under consideration, but shall not be considered as a permanent change in zoning. In the event the building, premises or land uses under the specific use permit is voluntarily vacated or if the ownership is voluntarily transferred or if such building, premise or land is more than 50% destroyed by fire or other cause, the use of the same shall thereafter conform to the regulations of the original zoning district of such property unless a new and separate specific user permit is granted for continuation of the same;

         (h)   In granting a specific use permit, the City Council may impose conditions which shall be complied with by the owner or grantee before utilities are connected by the Building Official for use of the building on such property pursuant to such specific use permit;

         (i)   No specific use permit shall be granted unless the applicant, owner and grantee of the specific use permit shall be willing to accept and agree to be bound by and comply with the written requirements of the specific use permit, as attached to the site plan drawing (or drawings) and approved by the Planning and Zoning Commission;

         (j)   A building permit shall be applied for and secured within six months from the time of granting the specific use permit, provided, however, that the City Council may authorize an extension of this time upon recommendation by the Planning and Zoning Commission;

         (k)   No building, premises or land used under a specific use permit may be enlarged, modified, structurally altered or otherwise significantly changed, unless a separate specific use permit is granted for such enlargement, modification, structural alteration or change;

         (l)   The Board of Adjustment shall not have jurisdiction to hear, review, reverse or modify any decision, determination or ruling with respect to the granting, extension, revocation, modification or any other action taken relating to such specific use permit;

         (m)   When the City Council authorizes granting of a specific use permit, the Zoning Map shall be amended according to its legend to indicate that the affected area has conditional and limited uses, said amendment to indicate the appropriate zoning district for the approved use and suffixed by an “S” designation.

   (B)   Specific uses. A specific use permit shall be required before the following specific uses can be permitted in the district or districts indicated:

 

   (C)   Special uses and activities. The uses or activities in this subsection are permitted subject to the following regulations.

      (1)   Home occupation.

         (a)   RESIDENTIAL DWELLING, as used in this section, shall mean a detached building designed, used and occupied exclusively by members of one-family as a residence.

         (b)   No person other than members of a family who reside in the residential dwelling shall be engaged in such occupation, profession, domestic craft or economic enterprise.

         (c)   Such use shall be and remain incidental and subordinate to the principal use of the residential dwelling as a family residence and the area utilized for such occupation, profession, domestic craft or economic enterprise shall never exceed 25% of the total of the floor area of the residential dwelling.

         (d)   To prevent increased traffic congestion in residential areas, no advertising of the occupation, profession, domestic craft or enterprise may be conducted by the use of signs, displays, handbills or other visible indication thereof displayed inside or outside the residential dwellings.

         (e)   The residential dwelling shall maintain its residential character and shall not be altered or remodeled in order to create any type of exterior commercial appeal.

         (f)   No exterior storage of material, equipment and/or supplies used in conjunction with such occupation, profession, domestic craft or enterprise may be placed, permitted or allowed on the premises occupied by the residential dwelling.

         (g)   There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare beyond the property lines.

         (h)   Such occupation, profession, domestic craft or enterprise shall be wholly within the residential dwelling and no accessory building shall be used in conjunction therewith.

         (i)   Only equipment shall be used in such occupation, profession, domestic craft or enterprise that is ordinarily used in a private home in like amount and kind.

         (j)   A beauty shop, as defined in this chapter, shall not be permitted as a home occupation.

      (2)   Day care.

         (a)   Day care centers are subject to minimum rules and regulations of the Texas Department of Human Services.

         (b)   No signs or play apparatus shall be allowed in the front yard in residential zoning districts.

         (c)   Provisions shall be made for off-street parking and for vehicular traffic to enter and exit the site safely.

      (3)   Garage sales.

         (a)   No more than three garage sales shall be allowed for the same location in any 12-month period. The duration of the garage sale shall not exceed three consecutive days.

         (b)   One unlighted sign not exceeding 12 square feet in area shall be permitted. Said sign shall pertain to the garage sale only and shall be located on the property. Said sign shall be permitted for the three-day period.

      (4)   Accessory buildings.

         (a)   Accessory buildings detached from or attached to the main building by an enclosed or unenclosed structure may be permitted in the allowable building area of any lot defined by the required front, side and rear building lines.

         (b)   No accessory buildings shall be permitted in the front yard or in the required side yard.

         (c)   Accessory buildings may be permitted in the required rear yard provided:

            1.   That they are detached from the main building or structure and separated therefrom by a distance of not less than ten feet;

            2.   The accessory buildings have a rear and side yard setback of not less than five feet.

         (d)   Accessory buildings shall not occupy more than 30% of the area of the required rear yard.

         (e)   No accessory building shall be constructed upon a lot until the construction of the main building has actually been initiated, and no accessory buildings shall be used unless the main building on a lot is completed and used.

         (f)   No accessory building shall be used as living quarters or for the conduct of business.

      (5)   Swimming pools.

         (a)   Permits and approvals.

            1.   No swimming pool, public or private, shall be constructed or used until a building permit has been issued.

            2.   No building permit shall be issued unless the proposed sanitary facilities and water supply comply with Local and State Health Department regulations.

         (b)   Requirements.

            1.   The pool may be located anywhere on the premises except in the required front yard. There shall be a five-foot setback requirement from any property line and a ten-foot setback from the rear lot line where there is no dedicated alley, measured from the water’s edge. Pump and filter installations shall not be located in the required side yard.

            2.   Swimming pools shall be equipped with a filtration system large enough to circulate the water once every eight hours.

            3.   All swimming pool waste water or overflow water shall be piped into the city sewage system.

            4.   A wall or fence at least four feet in height with self-latching gates at all entrances shall completely enclose either the pool area or the surrounding yard area. Such wall or fence shall not be located in a minimum front yard.

            5.   All lighting of the pool shall be shielded or directed to face away from adjoining residences. If lights are not individually shielded, they shall be so designed that direct rays from the lights shall not be visible from adjacent properties.

            6.   No broadcasting system is to be used for the purpose of advertising the operation of the pool or for the attraction of persons to the premises. This shall not prevent a public address system necessary or useful to the supervision of the pool and the safety of swimmers.

      (6)   Promotional events. Promotional events as defined in this chapter shall be permitted in certain specified zoning districts, provided the following special conditions are met and maintained:

         (a)   The promotional event shall take place only on the premises of the shopping center or major business which is responsible for the promotional event;

         (b)   The facilities of a promotional event may occupy off-street parking spaces, provided that no more than 25% of either the required off-street parking spaces of the shopping center or major business or the actual off-street parking spaces provided on the premises shall be utilized for nonparking purposes;

         (c)   The promotional event shall not be conducted after 12:00 midnight;

         (d)   The facilities of a promotional event shall not be located closer than 200 feet to the nearest inhabited residential structure;

         (e)   The number of promotional events that occupy any off-street parking space shall be limited to four events per year on the premises of a shopping center or major business, and each promotional event shall not exceed a duration of 15 days at a time.

      (7)   Satellite dish antennas.

         (a)   Satellite dish antennas are prohibited in the required front yard.

         (b)   Satellite dish antennas are prohibited in the required side and rear yard, except that a minimum setback of five feet from the side and rear property lines may be permitted when the antenna is not less than ten feet from the main residence.

         (c)   Satellite dish antennas are permitted as accessory structures only.

      (8)   Cargo and shipping containers.

         (a)   Cargo and shipping containers may be permitted as accessory storage only in LI and HI zoning districts.

         (b)   A building permit shall be required for each and every cargo and shipping container over 120 square feet in size.

         (c)   Cargo and shipping containers used as accessory storage shall abide by the regulations found under Accessory buildings. See § 155.45 (C)(4).

         (d)   Cargo and shipping containers used as mini-warehouse storage, off-premise warehouse storage or any form of rental storage, shall not be permitted in any zoning district.

         (e)   Temporary use permits. The Planning Department may issue a temporary use permit (TUP) for the following uses, provided that the temporary use complies with the regulations herein.

               a.   Cargo and shipping containers may be used as temporary accessory storage during non-residential construction when placed on the lot or parcel where construction is being conducted.

               b.   A temporary use permit shall be required for each and every cargo and shipping container used as temporary accessory storage during nonresidential construction and the permit shall be for 180 days. Upon application, a permit may be extended for construction projects exceeding 180 days.

               a.   Within areas zoned CB-Central Business District, GR-General Retail, and C- Commercial, a temporary use permit may be issued by the Planning Department for the use of a cargo or shipping container as temporary accessory storage.

               b.   For each 5,000 square feet or portion thereof of building floor area, a permit for 320 square feet or less of cargo and shipping container area may be permitted.

               c.   Temporary use permits may be issued for a maximum of 90 days per calendar year. Upon application, a TUP may be extended one time in one calendar year not to exceed 30 days.

               d.   Each lot or parcel shall be free of cargo and shipping containers for not less than 180 days following expiration of legal permit phase.

               e.   Permitted cargo and shipping containers for temporary accessory storage shall be located on a lot or parcel in a manner which is least visible from thoroughfares and adjacent residential structures. Placement of cargo and shipping containers on a lot or parcel must be approved by the Planning Department.

            1.   An application for a temporary use permit shall be completed and signed by the business or property owner. The application shall include:

               a.   The date of the application.

               b.   The name, address and phone number of the property owner and the business owner.

               c.   The address of the location and site where the temporary accessory storage will be placed.

               d.   A copy of a plat of the property from the Titus County Appraisal District.

               e.   A simple diagram showing proposed placement for the containers on the property.

               f.   The name, address and phone number of the company supplying the containers.

               g.   The dimensions and size of each container.

               h.   The date of arrival and the date of removal for each container.

            2.   A fee of $15 per cargo or shipping container shall be charged to defray the cost of processing the application.

(`87 Code, Zoning Ordinance, Art. III, § 1) (Am. Ord. 1993-2, passed 2-2-93; Am. Ord. 1993-3, passed 2-2-93; Am. Ord. 1997-5, passed - -; Am. Ord. 2002-02, passed 1-15-02; Am. Ord. 2003-21, passed 11-18-03; Am. Ord. 2004-20, passed 11-16-04

   The regulations set forth in this section qualify or supplement, as the case may be, the development regulations appearing elsewhere in this chapter.

   (A)   General requirements.

      (1)   The area of a required yard shall be open to the sky and unobstructed, except for the ordinary projections of window sills, cornices and other ornamental features.

      (2)   Open and unenclosed building projections, such as outside stairways, fire escapes, balconies, porches, awnings, terraces, eave and roof extensions and ornamental features may project into the required yards not more than three feet. Such projections shall not be located closer than three feet from any lot line.

      (3)   An enclosed canopy for a gasoline filling station may extend beyond the building line but shall never be closer to the property line than 12 feet. The building line of a gasoline filling station shall mean the actual wall of the building and shall not be interpreted as being the curb or a walk or driveway or as the front of a canopy or the column supporting same. Gasoline filling station pumps and pump islands may be located within a required yard, provided that they are not less than 15 feet from any street line and not less than 50 feet from the boundary of any residential district.

      (4)   A carport or canopy may project into the required front yard, provided that the structure remains at least 15 feet from the property line.

      (5)   Where an open space is more than 50% surrounded by a building or buildings creating a court as defined in this chapter, then the minimum width of the court shall be at least 20 feet for one-story buildings, 30 feet for two-story buildings and 40 feet for three-story buildings.

      (6)   In the case of curvilinear streets and cul-de-sacs, the Planning and Zoning Commission may authorize a reduction of the otherwise specified frontage of lot width in residential districts along the front property line, provided that:

         (a)   The lot width at the building line shall equal the frontage or lot width required in the district where located;

         (b)   The front lotline shall be not less than 30 feet in any event; and

         (c)   Such reduction of frontage shall not result in a reduction of the required lot area.

   (B)   Height requirements.

      (1)   The height regulations prescribed herein shall not apply to church spires, belfries, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, spires, chimneys, elevator bulkheads, smokestacks, conveyors, and necessary mechanical appurtenances.

      (2)   Public or semi-public service buildings, hospitals, institutions, schools or churches, where permitted, may be erected to a height not exceeding 75 feet when each of the required yards are increased by one foot for each foot of additional building height above the height regulations for the district in which the building is located.

      (3)   No structure may be erected to a height in excess of that permitted by the regulations of such airfield zoning ordinance as may exist at the time and whose regulations apply to the area in which the structure is being erected.

   (C)   Yard requirements.

      (1)   Front yard.

         (a)   Where 25% or more of the frontage upon the same side of a street between two intersecting streets is occupied or partially occupied by a building or buildings with front yards of less depth than required by this chapter, or where the configuration of the ground is such that conformity with the front yard provisions of this chapter would work hardship, the Board of Adjustment may permit modifications of the front yard requirements.

         (b)   In any residential district where 25% or more of the frontage upon the same side of a street between intersecting streets is occupied or partially occupied by a building or buildings having front yards of greater depth than is required by this chapter, no other lot upon the same side of such street between such intersecting streets shall be occupied by a building with a front yard of less than the least depth of any such existing front yards, unless by permission of the Board of Adjustment.

         (c)   Where the corner lot is a key lot, the required front yard shall be provided on both streets.

      (2)   Side yard.

         (a)   For the purpose of side yard regulations, an attached dwelling or multi-family dwelling shall be considered as one building occupying one lot.

         (b)   Where a lot of record at the time of the effective date of this chapter is less than 50 feet in width, the required side yard may be reduced to provide a minimum buildable width of 30 feet, provided, however, that no side yard shall be less than five feet.

      (3)   Rear yard. Where a lot abuts upon an alley,½ of the alley width may be considered as part of the required rear yard.

   (D)   Screening provisions. When a commercial, industrial or business use is established on a lot or premises located adjacent to any residential zoning district or when any multiple family dwelling use is established on a lot or premises adjacent to any property located in a single-family residential zoning district, a six-foot high solid fence or wall shall be erected and maintained along the property line to provide visual screening.

   (E)   Site plan review. The purpose of site plan review is to ensure compliance with this chapter, harmonious use of land, compliance with appropriate design standards, safe and efficient vehicular and pedestrian circulation, parking and loading, adequate water supply, drainage and storm water management, sanitary facilities and other utilities and services.

      (1)   Site plan review and approval by the Planning and Zoning Commission shall be required for the following:

         (a)   Any apartment development;

         (b)   Any shopping center;

         (c)   Any specific use permit;

         (d)   Any development where more than one main building or use is proposed on a single lot or tract. No building permit shall be issued for any of the above developments unless a site plan is first submitted to and approved by the Planning and Zoning Commission. A certificate of occupancy shall not be issued until all construction and development conform to the approved site plan.

      (2)   Site plan review and approval by the City Planner shall be required for all other nonresidential developments. This approval is required prior to issuing a building permit and a certificate of occupancy shall not be issued until all construction and development conform to the approved site plan. Notwithstanding any other provisions of this chapter or its amendments, the City Planner may, at his or her discretion, require a site plan for any development to be submitted for approval by the Planning and Zoning Commission if, in his or her opinion, it is in the best interest of the city to do so.

      (3)   The decision of the Planning and Zoning Commission to approve or deny a site plan shall be final and binding unless an appeal of said decision is made to the City Council. The appeal shall be filed in writing with the Planning Department not more than ten days after the date of action taken by the Planning and Zoning Commission. The appeal shall state the reasons for dissatisfaction with the action of the Planning and Zoning Commission. If the City Council, by majority vote, deems the appeal to be without merit, it may refuse to accept the appeal, and the action of the Planning and Zoning Commission shall stand. If the City Council, by majority vote, accepts the appeal, the decision of the City Council to approve, conditionally approve, request modifications or deny a site plan shall be final and binding.

      (4)   The Planning and Zoning Commission may approve, conditionally approve, request modifications or deny approval of the site plan. Site plans will be reviewed with respect to:

         (a)   The relationship of the development to adjacent uses in terms of harmonious design, setbacks and negative impacts;

         (b)   The provision of a safe and efficient vehicular and pedestrian circulation system;

         (c)   The design and location of off-street parking and loading facilities;

         (d)   Access provided for fire fighting and emergency equipment to buildings and the location and width of street designed to accommodate prospective traffic;

         (e)   Screening and landscaping;

         (f)   Protection and conservation of water courses and areas subject to flooding;

         (g)   The adequacy of water, drainage, sewerage facilities and other utilities necessary for the building occupants.

      (5)   The City Planner shall have the authority to approve minor modifications of an approved site plan, provided that such modifications do not affect the building location or change the circulation plan.

      (6)   In order to ensure the submission of adequate site plan information, the Planning Department is granted the authority to maintain and distribute a list of specific requirements for site plan review applications. These requirements may be updated upon periodic review by the Planning Department. The site plan shall contain sufficient information describing the project, including but not limited to the following:

         (a)   Location of proposed building(s) and structure;

         (b)   On and off-site circulation;

         (c)   Parking;

         (d)   Grading;

         (e)   Landscaping;

         (f)   Placement of utilities;

         (g)   Screening;

         (h)   Engineering for streets and utilities.

   (F)   Building controls.

      (1)   No building shall be constructed or erected upon a lot or parcel of land which does not abut upon a public street or have permanent easement for access to a public street, which easement shall have a minimum width of 50 feet, unless an easement of lesser width has been approved prior to the adoption of this chapter.

      (2)   Only one main building for one-family and two-family use with permitted accessory buildings may be located upon a lot or unplatted tract.

      (3)   Every dwelling shall face or front upon a public street or approved place other than an alley, which means of access shall have a minimum width of 50 feet.

      (4)   Where a lot is used for retail, commercial, industrial purposes or a combination of same, more than one main building may be located upon the lot, but only when such buildings conform to all the open space and parking requirements applicable to the uses and districts and when all such main buildings face upon a public street other than an alley. Whenever two or more main buildings or portions thereof are desired to be placed upon a single lot or tract and such buildings will not face upon a public street, the same may be permitted when the site plan for such development is approved by the Planning and Zoning Commission so as to comply with the normal requirements for platting.

      (5)   No parking area, storage area or required open space for one building shall be computed as being the open space, yard or area requirements for any other building or use.

(`87 Code, Zoning Ordinance, Art. III, § 2) (Am. Ord. 1993-2, passed 2-2-93; Am. Ord. 2002-25, passed 2-19-02; Am. Ord. 2002-02, passed 1-15-02)

   (A)   Parking requirements, residential areas.

      (1)   SF District.

         (a)   Each dwelling shall provide off-street parking for two automobiles or other vehicles not exceeding 3/4-ton capacity.

         (b)   Where the lot is not large enough to accommodate a garage or carport, parking shall be permitted on a driveway. The driveway shall be designed so that two vehicles may be parked and removed without moving one vehicle to permit the exit of the other.

      (2)   TF District.

         (a)   Two parking spaces for each dwelling unit (total of four) shall be provided.

         (b)   Other requirements as established for the SF Districts.

      (3)   MF District. Two spaces for each dwelling unit shall be provided.

      (4)   MH District. Two spaces for each mobile home lot, plus one space for each three lots shall be provided.

      (5)   CB District. See § division (E), loading and unloading requirements.

   (B)   Parking requirements, nonresidential districts.

      (1)   Business and professional offices other than medical or dental: One space for each 300 square feet of floor area.

      (2)   Bowling alley: Six spaces for each lane.

      (3)   Church or other place of public worship: One space for each four seats in main auditorium.

      (4)   Commercial outdoor amusement: Twenty spaces, plus one space for each 100 square feet of floor area over 1,000 square feet.

      (5)   Gasoline service station: Six spaces minimum.

      (6)   Golf course: Forty spaces for each nine holes.

      (7)   High school or college: One space for each classroom, laboratory or instructional area, plus one space for each four students accommodated in the institution.

      (8)   Hospital: One space for each two beds, plus one space for each employee on the largest shift.

      (9)   Hotel or motel: One space for each room, unit or guest accommodation.

      (10)   Institutions of a religious or philanthropic nature: Ten spaces, plus one space for each employee.

      (11)   Library or museum: Ten spaces, plus one space for each 300 square feet of floor area.

      (12)   Manufacturing, processing, repairing or wholesale facility: One space for each two employees or one space for each 1,000 square feet of floor area, whichever is greater.

      (13)   Medical or dental clinic: One space for each 1200 square feet of floor area.

      (14)   Mobile home, travel trailer or motor home - new or used sales lot: One space for each 1,000 square feet of lot are for outdoor use.

      (15)   Motor vehicle salesrooms and used auto lots: One parking space for each 500 square feet of sales floor for indoor uses or one space for each 1,000 square feet of lot area for outdoor uses.

      (16)   Mortuary or funeral home: Ten spaces for each parlor.

      (17)   Nursing home: One space for each two beds.

      (18)   Places of public assembly not listed: One space for each three seats provided.

      (19)   Restaurant or cafeteria: One space for each three seats under maximum seating arrangement.

      (20)   Retail or personal service: One space for each 200 square feet of floor area (minimum of five spaces).

      (21)   Schools - elementary or secondary: One space for each classroom, plus one space for each four seats in any auditorium, gymnasium or other place of assembly.

      (22)   Storage or warehouse facility: One space for each two employees or one space for each 1,000 square feet of floor area, whichever is greater.

      (23)   Theaters or meeting rooms: One space for each three seats.

   (C)   General parking requirements.

      (1)   Parking space computation.

         (a)   FLOOR AREA shall mean the gross floor area of the specific use.

         (b)   Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.

         (c)   The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.

         (d)   Whenever a building or use constructed or established after the effective date of this chapter is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise to create a need for an increase of 10% or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this chapter is enlarged to the extent of 50% or more in floor area or in the area used, the building or use shall then and thereafter comply with the parking requirements set forth herein.

         (e)   In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

      (2)   Location of parking spaces. All parking spaces required herein shall be located on the same lot with the building or use served, except as follows:

         (a)   Where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located not to exceed 300 feet from an institution building served and not to exceed 500 feet from any other nonresidential building served;

         (b)   Not more than 50% of the parking spaces required for:

            1.   Theaters, bowling alleys, dance halls, night clubs, cafes or similar uses and not more than 80% of the parking spaces required for a church or school auditorium or similar uses may be provided and used jointly by;

            2.   Similar uses not normally open, used or operated during the same hours as those listed in subsection 1; provided, however, that written agreement thereto is properly executed and filed as specified below. In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form by the City Attorney and shall be filed with the application for a building permit.

      (3)   Minimum dimensions for off-street parking.

         (a)   Ninety degree angle parking. Each parking space shall be not less than nine feet wide nor less than 18 feet in length. Maneuvering space shall be in addition to parking space and shall be not less than 24 feet perpendicular to the building or parking line.

         (b)   Sixty degree angle parking. Each parking space shall be not less than nine feet wide perpendicular to the parking angle nor less than 17 feet in length when measured at right angles to the building or parking line. Maneuvering space shall be in addition to parking space and shall be not less than 20 feet perpendicular to the building or parking line.

         (c)   Forty-five degree angle parking. Each parking space shall be not less than nine feet wide perpendicular to the parking angle nor less than 16 feet in length when measured at right angles to the building or parking line. Maneuvering space shall be additional to parking space and shall be not less than 18 feet perpendicular to the building or parking line.

         (d)   Additional regulations. When off-street parking facilities are located adjacent to a public alley, the width of the alley may be assumed to be a portion of the maneuvering space requirement. The maneuvering space requirement for parking areas shall not include any portion of an abutting public street or highway. Where off-street parking facilities are provided but not required by this chapter, the off-street parking facilities shall comply with the minimum requirements for parking and maneuvering space herein provided.

      (4)   Development and maintenance of parking space.

         (a)   All off-street parking facilities shall be paved, graded and drained in accordance with the City of Mount Pleasant specifications.

         (b)   Parking spaces shall be logically arranged and clearly marked so vehicles may freely enter and exit or load and unload merchandise.

         (c)   Whenever parking spaces are located adjacent to any structure or lot line, a curb of equivalent barrier shall be placed so as to prevent any vehicle from parking closer than three feet to the structure or three feet to the lot line.

   (D)   Modifications. The Board of Adjustment shall have the authority to authorize any modification, reduction or waiver of the foregoing requirements if the Board shall discover that in a particular case the peculiar nature of the residential, business, industrial or other use or the exceptional shape or size of the property or other exceptional situation or condition would justify such action.

   (E)   Loading and unloading requirements. All retail, commercial and industrial structures shall provide and maintain off-street facilities for receiving and loading merchandise within the building or the lot. An off-street loading space may be adjacent to a public alley, to a private service drive or may be a truck berth within the structure. Such loading space or truck berth shall consist of a minimum area of ten feet by 45 feet and shall be provided according to the following schedule:

 

 

 

(`87 Code, Zoning Ordinance, Art. III, § 3) (Am. Ord. 2003-14, passed 9-16-03)

      (1)   One-and two-family dwelling units are limited to a name plate of four square feet;

      (2)   One attached owner-identification sign shall be permitted for each thoroughfare more than one that abuts the property;

      (3)   One detached owner-identification sign shall be permitted for each thoroughfare more than one that abuts the property;

      (4)   Detached signs shall not exceed 40 square feet in area.

      (1)   One attached sign pertaining to the occupancy of the premises or commodities sold thereon shall be permitted for each thoroughfare more than one that abuts the property;

      (2)   One detached sign pertaining to the occupancy of the premises or commodities sold thereon shall be permitted for each thoroughfare more than one that abuts the property;

      (3)   Detached signs shall not exceed 100 square feet in area on any one street.

      (1)   One attached sign pertaining to the occupancy of the premises or commodities sold thereon shall be permitted for each thoroughfare more than one that abuts the property. In addition, attached signs not exceeding 30 square feet of area are permitted for the non-thoroughfare elevations. All attached signs not facing a thoroughfare shall be unlighted when adjoining residential zoning districts;

      (2)   One detached sign pertaining to the occupancy of the premises or commodities sold thereon shall be permitted for each thoroughfare more than one that abuts the property;

      (3)   In instances where the abutting thoroughfare is a designated state or federal highway, detached signs shall not exceed 250 square feet in area on any one such street or thoroughfare;

      (4)   In instances where the abutting thoroughfare is not a designated state or federal highway, detached signs shall not exceed 200 square feet in area on any one such street or thoroughfare;

      (5)   Signs with three or more surfaces or signs with circular or spherical surfaces shall be allowed only in GR, C, LI and HI Districts. The total surface area of such signs shall not exceed 300 square feet in area.

      (1)   One attached sign per occupant of a shopping center or mall shall be permitted for each thoroughfare more than one that abuts the property;

      (2)   Only one detached sign, identifying the premises and/or the occupants therein, shall be permitted for each shopping center and/or mall. Said detached sign may be a single sign or may be a composite of several signs erected on and supported by the same structure;

      (3)   Single detached signs for shopping centers and/or malls shall not exceed 250 square feet in area;

      (4)   The aggregate gross area of composite detached signs for shopping centers and/or malls shall not exceed 300 square feet, with no single sign thereof exceeding 200 square feet in area;

      (5)   Detached signs for shopping centers and/or malls shall not be located closer than 25 feet to any street or thoroughfare;

      (6)   In shopping centers or malls containing ten acres or more, detached signs may be erected up to a maximum height of 75 feet; provided that such detached signs erected at a height greater than 50 feet must be set back from all property lines a minimum distance equal to the height of the sign.

      (1)   Billboards shall be allowed only on a lot, tract, or parcel which is adjacent to and abuts right-of-way property owned by the Texas Department of Transportation along the I-30 corridor, U.S. Highway 67 and East from Industrial Road to city limits and west from North Edwards to city limits, and Bill Ratliff Freeway and which is zoned FD, C, LI, or HI. The location of such lot, tract, or parcel and the placement of such billboards shall not exceed 100 feet beyond the private property line which is adjacent to right-of-way owned by TXDOT;

      (2)   Billboards shall not be above 35 feet from ground level;

      (3)   Billboards shall not exceed 672 square feet in gross area. Billboards which exceed 336 square feet in gross area shall not be stacked or side-by-side;

      (4)   Billboards shall not be erected closer than 300 feet apart on the same side of the street;

      (5)   Billboards may not be located closer than 25 feet to any street;

      (6)   Billboards may not be located within 500 feet of any public park, public forest or recreational area, public playground, public school or scenic area designated as such by the city or any other governmental agency;

      (7)   Eighty percent of the area within cutouts or enclosed open spaces shall be included in calculating the surface area of a billboard;

      (8)   Billboards with a “V” shape shall be positioned with an interior angle between faces of not more than 90 degrees with the distance between the sign faces not exceeding five feet at their closest point;

      (9)   Billboards may be made of conventional advertising panels and/or electronic message centers (EMC);

      (10)   Billboards which are electronic message centers shall be permitted at any of the locations where existing billboards are located;

      (11)   Billboards which are electronic message centers shall have automatic equipment with a sensor or other approved device that automatically determines the ambient illumination and programed to automatically dim according to ambient lighting conditions, or that can be adjusted to comply with the 0.3-foot candle measurement;

      (12)   Billboards which are electronic message centers must maintain a difference between the off and solid message measurements using the EMC Measurement Criteria. It shall not exceed 0.3 foot candles at night;

      (13)   Billboards which are electronic message center must meet all of the standard adopted for such (EMCs) as adopted by the TXDOT. In the case that there may be a conflict with the city and TXDOT the regulations adopted by TXDOT shall be enforced.

   (H)   Temporary signs. Temporary signs shall be allowed only in the following districts; GR, C, LI, and HI; shall not be attached to buildings, fences, trees, utility poles or trash receptacles, limited to 25 square feet except where expressly permitted by one of the following sections:

      (1)   Temporary signs shall include but not be limited to real estate signs, development and construction signs, special promotion, event and grand opening signs, special event signs in public ways, and political signs;

      (2)   Temporary signs which contain or are illuminated by flashing, intermittent, or moving lights are prohibited in all zoning districts;

      (3)   Off premise temporary signs are prohibited;

      (4)   All temporary signs must be located at least ten feet from any street and must be located in the required front yard of the location and if the location has a side street in the required side yard;

      (5)   Real estate signs pertaining to the lease, hire, or sale of real estate shall not exceed 40 square feet in area and shall be located on the lot so advertised; provided there shall not exceed one sign on each street fronting the property;

      (6)   Construction signs pertaining to the construction or remodeling of a building on the premises shall not exceed 60 square feet in area and shall be located on the lot only for the duration of the construction. No more than one shall be permitted on each street fronting the property;

      (7)   Development signs pertaining to residential office, commercial, and industrial development shall not exceed 100 square feet in area and shall be located only within the area being developed. No more than one sign shall be permitted on each street fronting the property;

      (8)   Special promotion, event, and grand opening signs shall not exceed 25 square feet in area and shall be located only in the area specified in division (H)(4) above. No more than one sign shall be permitted on each street fronting the property, signs under this section are limited to use for 14 days;

      (9)   Special event signs in public ways shall not be prohibited in or over public ways subject to the approval of the zoning code official as to size, location, and method of erection. The Zoning Code Official shall not approve any event signage that would impair the safety and convenience of use of public right-of-ways, or obstruct traffic visibility. Signs under this section are limited to 14 days and must be removed within 72 hours after the event is complete;

      (10)   Requirements in this division (H) do not apply to nor are meant to conflict with the sign requirements for the Central Business District, Historical District, Shopping Center, EVMS and garage sales;

      (11)   All temporary signs must be kept in good repair and installed in accordance with the previous section. Failure to comply will result in the prohibited signs being removed, confiscated and disposed of by city personnel.

      (1)   Political signs shall not exceed 40 square feet in area;

      (2)   Political signs shall not be located in or permitted to project into public rights-of-way and shall be located at least ten feet from any street;

      (3)   Political signs shall not be attached to any trees, utility poles or trash receptacles;

      (4)   Political signs shall not be placed, located or erected in any public park, public forest or recreational area, public playground and/or on any property owned by the city, except that on any day regular or special elections are held at the Mount Pleasant Civic Center or any other building owned by the city, political signs shall be allowed beyond the distance prescribed by the Texas Election Code on the premises surrounding the voting place from one hour prior to the start of voting to one hour after the prescribed closing time cited in the Texas Election Code. All signs must be removed one hour after the closing of the polls and shall be subject to removal under division (I)(8) of this section. Otherwise, all the requirements of this division (I) shall be in effect as to the regulation of political signs around the polling places;

      (5)   Political signs shall be removed within ten days after the primary, run-off or general election to which the signs pertain or after the termination of candidacy, whichever occurs first;

      (6)   Political signs which contain, include or are illuminated by flashing, intermittent or moving light or lights are prohibited in all districts;

      (7)   Political signs which are illuminated by non-intermittent lighting shall be allowed only in the following districts: CB, GR, C, LI and HI. Political signs located in all other districts shall not be illuminated;

      (8)   Political signs placed, located or erected in violation of these requirements shall be subject to immediate removal, confiscation and disposal by city personnel.

      (1)   Only one sign shall be allowed for each garage sale, and the sign shall be located on the same property where the garage sale is located;

      (2)   Garage sale signs shall not be illuminated;

      (3)   Signs for garage sales shall not exceed 12 square feet in area;

      (4)   Garage sale signs shall be removed within 24 hours after the garage sale is concluded.

      (1)   CEVMS shall be allowed only in GR, C, LI and HI Districts;

      (2)   No CEVMS shall exceed 30 square feet in area;

      (3)   (a)   The CEVMS portion of a sign may be illuminated by incandescent lamps, LED (light emitting diodes), magnetic discs, or other sources of light. Whatever the light source, undue brightness is prohibited. For enforcing this provision, prima facie proof of undue brightness is the illumination of a portion of the sign in excess of the intensity levels specified below:

            1.   Day: 5,000 nits;

            2.   Night: 1,000 nits;

         (b)   To ensure compliance with this provision, the sign must have an automatic phased proportional dimmer, which must be used to reduce nighttime brightness levels (compared to daytime brightness levels). Further, prior to the issuance of a permit for an CEVMS, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory pre-set not to exceed the levels specified above, and the intensity level is protected from end-user manipulation by password-protected software or other method as deemed appropriate by the city. The burden of proof to determine whether these regulations are met throughout the life of the sign shall be at the expense of the property or sign owner where the sign is located;

      (4)   Any CEVMS installed prior to June 1, 2008 must also submit written certification from the sign manufacturer or other persons deemed appropriate by the city that the sign does not cause undue brightness and meets the intensity levels specified above. The owner of an electronic message center has 60 days from the adoption of this section to submit such certification to the city;

      (5)   A sign owner may modify existing, legal, conforming structures to a CEVMS only after filing application for a permit, meeting the regulations of this section and receiving a permit by the city;

      (6)   CEVMS shall comply with applicable federal and state laws and regulations;

      (7)   Failure to adhere to any of these provisions may result in the revocation of the CEVMS portion of the permit;

      (8)   Only one CEVMS is allowed per premises;

      (9)   The addition of any CEVMS to any nonconforming freestanding sign is prohibited.

      (1)   Signs shall be located at least ten feet from any street (except signs for shopping centers and shopping malls and billboards, which shall be at least 25 feet from any street);

      (2)   Attached signs shall not exceed the height of the wall of the building to which they are attached;

      (3)   Signs shall not be located in or permitted to project into public rights-of-way;

      (4)   When any sign is illuminated, the light or lights shall be directed, shaded or concealed so that they will not interfere with the vision of motor vehicle operators or shine directly on residential property;

      (5)   Detached signs shall comply with the following height restrictions:

         (a)   The top of detached signs in SF-1, SF-2 and TF Districts shall not exceed a maximum height of ten feet;

         (b)   The top of detached signs in MF, MH, NS and FD Districts shall not exceed a maximum height of 35 feet;

         (c)   The top of detached signs in the CB District shall not exceed a maximum height of 50 feet;

         (d)   The top of detached signs in GR, C, LI and HI Districts shall not exceed a maximum height of 50 feet, unless such detached signs are located within 500 feet of a designated U.S. interstate highway, in which event the top of same shall not exceed a maximum height of 75 feet;

         (e)   In shopping centers or malls containing ten acres or more, detached signs may be erected up to a maximum height of 75 feet; provided that such detached signs erected at a height greater than 50 feet must be set back from all property lines a minimum distance equal to the height of the sign;

         (f)   The top of billboards shall not exceed a maximum height of 35 feet.

      (6)   Roof-mounted signs shall be permitted provided they comply with all applicable requirements of the city's Building Code;

      (7)   No sign shall be attached to any trees, utility poles or trash receptacles;

      (8)   Signs may not be located in such a manner as to obscure or otherwise interfere with the driver's view of approaching, merging or intersecting traffic or with the effectiveness of an official traffic sign, signal or device;

      (9)   All signs shall be maintained in good appearance and safe structural condition. The general area in the vicinity of any sign shall be kept free and clear of weeds, debris, trash and litter;

      (10)   All illuminated signs shall be installed and wired in accordance with the requirements of the current National Electrical Code, as adopted by the city;

      (11)   No sign shall be erected or installed closer than five feet to any telecommunications or television cable, power line or street light standard;

      (12)   Should any sign become insecure, in danger of falling or otherwise unsafe, the Chief Building Official shall provide the owner thereof, or the person or firm maintaining same, ten days written notice to secure the sign in a manner approved by the Chief Building Official or to remove same. If action to secure and/or remove such sign is not taken within ten days of such notice, the Chief Building Official may remove such sign at the expense of the owner thereof or the person or firm maintaining same;

      (13)   Should the city receive an application for permit for a type of sign that is not specifically addressed in these regulations, then the permit shall be requested as a specific use permit and shall be subject to the regulations of § 155.45.

      (1)   Permits shall be required for all detached signs exceeding 25 square feet in area;

      (2)   All detached signs exceeding 50 square feet in area must be installed or erected by a licensed and bonded sign contractor after obtaining a sign permit from the Chief Building Official.

      (1)   Any person who violates or fails to comply with any provision of this section pertaining to sign regulations shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine as provided in § 155.99.

      (2)   Each day that such violation or violations continue shall constitute a separate offense and be punishable as such.

(`87 Code, Zoning Ordinance, Art. III, § 4) (Ord. 1983-2, passed - -; Am. Ord. 1989-12, passed 9-5-89; Am. Ord. 1990-9, passed 6-5-90; Am. Ord. 2003-22, passed 11-4-03; Am. Ord. 2008-13, passed 5-20-08; Am. Ord. 2009-2, passed 2-17-09; Am. Ord. 2014-10, passed 8-4-14; Am. Ord. 2016-5, passed 8-2-16; Am. Ord. 2017-9, passed 9-19-17) Penalty, see § 155.99

   (A)   General requirements.

      (1)   Lots, structures or uses of land which were lawful prior to the adoption of this chapter but which would be prohibited under the terms of this chapter shall be permitted to continue subject to the regulations specified in this section.

      (2)   Except that any single-family, duplex or apartment use existing at the time of passage of this chapter shall be therefore deemed a conforming use.

      (3)   A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises or by the addition of other uses of a nature which would be prohibited generally in the district involved.

      (4)   To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plan, construction or designated use of any building on which the building permit was lawfully obtained prior to the effective date of adoption or amendment of this chapter.

   (B)   Nonconforming use of land.

      (1)   A nonconforming use of land shall not be enlarged, increased or extended to occupy a greater area of land than was occupied at the effective date of adoption of this chapter.

      (2)   No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption of this chapter.

      (3)   Nonconforming uses of open land shall specifically include billboards, posterboards, automobile wrecking yards, trailer and mobile home parks, auction yards, contractors yards, race tracks, stock yards, golf driving ranges and miniature golf courses.

   (C)   Nonconforming use of buildings or structures.

      (1)   Except as otherwise provided herein, the lawful use of a building or structure existing at the effective date of this chapter may be continued although such use does not conform to the provisions hereof.

      (2)   If no structural alterations are made, a nonconforming use of a building or structure may be changed to another nonconforming use of the same or of a more restricted classification.

      (3)   Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.

      (4)   The nonconforming use of a building or structure may be hereafter extended throughout those parts of a building which were lawfully and manifestly arranged or designed for such use at the time of enactment of this chapter.

      (5)   Should a structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

      (6)   No such structure shall be enlarged or altered in any way which increases its nonconformity.

   (D)   Termination of a nonconforming use.

      (1)   No building, structures or land where a nonconforming use has been discontinued for a period of six months shall again be put to a nonconforming use.

      (2)   The casual, intermittent, temporary or illegal use of land, buildings or structures shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on a part of the lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

   (E)   Repairs and maintenance. Repairs and maintenance work as required to keep it in sound condition may be made to a nonconforming building or structure, provided the total structural repairs and alterations shall not, during its life subsequent to the date of its becoming a nonconforming use, exceed 50% of the assessed value of the building or structure for market value at such date, unless such building is permanently changed to a conforming use.

   (F)   Destruction of a nonconforming use.

      (1)   No building or structure which has been damaged by any cause whatsoever to the extent of more than 50% of the physical reproduction cost of the building or structure immediately prior to damage shall be restored except in conformity with the regulations of this chapter, and all rights as a nonconforming use are terminated.

      (2)   If a building or structure is damaged by less than 50% of the physical reproduction cost, it may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction be substantially completed within 12 months of the date of such damage.

      (3)   Calculation of physical reproduction cost shall be made from the quantities and prices of materials and the hours and costs of labor as of the date immediately prior to damage, reasonably required to reproduce the building or structure in its condition as of the time of damage.

(`87 Code, Zoning Ordinance, Art. III, § 5)

   (A)   (1)   Purpose. The purpose and intent of this section is to provide a uniform and comprehensive set of standards for the development of telecommunication facilities and installation of antennas. The regulations contained herein are designed to protect and promote public health, safety, community welfare and the aesthetic quality of the city as set forth within the goals, objectives and policies of the Mt. Pleasant Comprehensive Master Plan. The following regulations are intended to provide:

         (a)   The appropriate location and development for wireless communication towers, antennas, and accessory facilities to serve the residents and businesses of the city;

         (b)   Minimize visual impacts of towers, antennas, and accessory facilities through careful design, siting, and screening;

         (c)   Avoid potential damage to adjacent properties from tower failure and falling debris through engineering and careful siting of tower structures;

         (d)   Maximize use of any new or existing communication tower to reduce the number of towers needed.

      (2)   Whereas, it is expressly stated that said regulations are not intended to unreasonably discriminate among providers of functionally equivalent services and shall not prohibit or have the effect of prohibiting the provision of personal wireless communication services within the corporate limits of the city and encourage managed development of telecommunications infrastructure to insure the city's role in the evolution of technology.

   (B)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      ACCESSORY BUILDING . A building housing electronic and communication equipment as an associated and permitted part of a wireless communication system.

      ANTENNA . Any exterior apparatus designed for wireless radio, television, microwave or telephonic communication through the sending and/or receiving of electromagnetic waves.

      ANTENNA, BUILDING ATTACHED . Antenna attached to existing structures in two general forms: (1) roof-mounted, in which antennas are placed on the roofs of buildings, or (2) building-mounted, in which antennas are mounted to the sides of buildings. These antennas can also be mounted on structures such as water tanks, billboards, church steeples, electrical transmission towers, and the like.

      ANTENNA, MICROWAVE . Also known as "dish" antenna. A dish-shaped antenna used to link communications sites together by wireless transmission of voice or data, utilizing electromagnetic radiation frequencies from 3 GHz to 300 GHz; and using relatively low transmitter power levels when compared to other forms of transmission.

      ANTENNA, PANEL . Also known as "directional" antenna. An antenna or array of antennas designed to concentrate a radio signal in a particular area. Panel antennae are typically flat, rectangular devices approximately six to eight square feet in size.

      ANTENNA, WHIP . Also known as "omni-directional" antenna. Shaped cylindrically, whip antennas have diameters between two and six inches, and measure between 1 and 18 feet in height. They are used to emit signals in a 360 degree horizontal plane and a compressed vertical plane.

      BACKHAUL PROVIDER . The ground wire provider that provides the wire connection between the base transmitting station and the mobile switching center and between the mobile switching center and the local telephone network.

      CO-LOCATION . The act of locating wireless communications equipment for more than one use on a single antenna facility.

      FAA . Federal Aviation Administration.

      FCC. Federal Communications Commission.

      HEIGHT . When referring to an antenna or other structure, the distance measured from ground level to the highest point on the structure, even if the highest point is an antenna.

       MONOPOLE . A self-supporting antenna facility composed of a single spire more than 35 feet tall used to support communications equipment or other visible items. No guy wires are used or permitted.

      STEALTH FACILITY . A wireless facility that is virtually transparent or invisible to the surrounding neighborhood. Stealth facilities may include totally enclosed antennas, wireless towers that replicate or duplicate the construction of common structures such as flagpoles and camouflaged wireless towers that are constructed to blend into the surrounding environment.

      TOWER FACILITY . Any structure that is more than 35 feet tall and is designed and constructed primarily for the purpose of supporting one or more antennas, including self supporting lattice towers, guy towers, or monopoles.

      TOWER, GUYED . Any monopole or lattice tower structure more than 35 feet in height that is used to support antennas, or other visible items that is secured to the ground by cables for stability.

      TOWER, LATTICE . A self-supporting tower having three or four support legs with cross-bracing and holding a variety of antennas.

      WIRELESS COMMUNICATION SYSTEM . (Antenna support structures for mobile and land-based telecommunication facilities.) Whip antennas, panel antennas, microwave antennas, and satellite receive-only antennas, cell enhancers, and related equipment for wireless transmission from a sender to one or more receivers, such as for mobile cellular telephones, mobile radio or television (commercial only) broadcasting towers and transmitting stations. This definition is inclusive of the placement of the above referenced equipment on a monopole tower, a lattice tower, a guyed tower, and any communication tower, which does or does not utilize guy wire support in addition to existing buildings, accessory buildings, or other independent support structures. A wireless communication system shall, by definition, contain only one tower or monopole structure.

   (C)   General requirements.

      (1)   Districts where permitted. Wireless communication systems other than towers or antennas as stated in division (C)(2) below, may be permitted in (LI) Light Industrial Zoning District and (HI) Heavy Industrial Zoning District, or by Specific Use Permit in (MF) Multi-Family Zoning District, (GR) General Retail Zoning District, (CB) Central Business Zoning District, (C) Commercial Zoning District, and (PD) Planned Development Zoning District provided that the proponent of such use has incorporated the minimum requirements of this section and any other applicable requirements into the site plan and application materials.

      (2)   Review and approval. Wireless communication systems shall be approved by the Planning and Building Department pursuant to the standards of administrative review provided by division (C)(3). However, the following wireless systems shall be exempt from said review:

         (a)   Antennas and/or towers owned by federal, state, or local government entities provided a license, contract or lease authorizing such antenna or tower has been approved by the governing authority of the applicable governmental entity.

         (b)   Any amateur radio antenna and/or towers which are in compliance with FCC Radio Preemption, 101 FCC 2nd 952 (1985) or the regulations related to amateur radio service adopted under 47 C.F.R. Part 97.

         (c)   Any antenna less than 50 feet in height situated on a residential site that is intended for television or radio reception.

      (3)   Building permit requirements. The proponent of a new wireless communication system tower site shall provide the following documentation for review by the Planning and Building Department prior to the approval of a building permit:

         (a)   Inventory of existing sites. Each applicant for one or more towers shall provide to the Planning Department an inventory of its existing towers including specific information about the location, height, and design of each tower. The Planning Department shall maintain an inventory of existing towers, including specific information about the location, height, and design of each tower. The city may share such information with other persons, organizations or governmental authorities seeking to locate antennas within the city.

         (b)   Availability of suitable existing wireless communication systems, tower facilities, or antennas. No new wireless communication system, tower facility, or antenna may be permitted unless the applicant demonstrates with sufficient evidence to the reasonable satisfaction of the Planning Department that no existing tower or structure can accommodate the applicant's proposed wireless communication system, tower facility, and/or antenna. Applicants need to refer to § division (D)(3)(f)-(j) as guidelines in preparing sufficient evidence in support of new towers, antennas, or structures.

         (c)   Site plan. Each applicant requesting a permit under this section shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate professional engineers, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information necessary to assessment compliance with this section.

         (d)   Residential setback. Towers must be set back a distance equal to the height of the tower from any off-site residential structure.

         (e)   Yard setback. Towers and accessory facilities must satisfy the minimum yard setback requirements for the zoning district in which they are located.

         (f)   Security fencing. Towers, accessory facilities and any support structures shall be enclosed by security fencing not less than eight feet in height and shall be equipped with an appropriate anti-climbing device. A fence adjacent to a residential district shall be opaque. No fence shall contain barbed, razor or electric wire.

         (g)   Aesthetics. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a color so as to reduce visual obtrusiveness. At the tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

         (h)   Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations.

         (i)   Tower illumination. Towers shall not be illuminated except as required by the FAA or other applicable federal or state agencies.

         (j)   Radiation standards. Wireless communication systems shall comply with current FCC standards for non-ionizing electromagnetic radiation (NEIR). The applicant shall submit verification that the proposed site plan ensures compliance with these standards.

         (k)   Building codes; safety standards. To ensure the structural integrity of towers, antennas and accessory buildings, the owner shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the tower fails to comply with such codes and standards and constitutes a danger to persons and property, then upon notice being provided to the owner of the tower, the owner shall have ten days from the receipt of notice to contact our office on a plan of action to bring such tower, antenna(s), or accessory building(s) with such codes and standards into compliance. If the owner fails to bring such tower, antenna(s) or accessory building(s) into compliance within the said ten days, the city may remove such or cause such tower, antenna(s), or accessory building(s) to be removed at the owner's expense.

      (4)   Removal of abandoned antennas, towers, and accessory facilities. Any antenna or tower and accessory facilities that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower and accessory facilities shall be notified and granted ten days from receipt of notice for a plan of action from the planning department notifying the owner of such abandonment. If such antenna, tower or accessory facility(s) is not removed within said ten days, the planning department may cause such antenna or tower and accessory facilities to be removed at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

      (5)   Equipment and storage building. Any accessory building or associated equipment storage shall be screened from public view, landscaped for aesthetic purposes, or be incorporated into the stealth treatment such that it is consistent and complementary with the existing structures and uses on the premises.

      (6)   Driveway and parking surfaces. All driveways and required parking surfaces accessing any tower facility, wireless communication system, and/or accessory building site shall be constructed in accordance with the city's ordinances for off-street parking facilities (Ordinance No. 2001-15) and curbs, gutters and driveways (see chapter 98).

      (7)   Limitations. Wireless communication systems and/or tower facilities shall be limited to stealth facilities and/or monopoles only, as permitted within the district by these ordinances.

      (8)   Tower facility capacity. Under no condition shall a tower facility have more than the number and size of antennas attached to it that are allowed by the tower facility manufacturer's designs and specifications for maximum wind load requirements.

      (9)   Public easements. Tower facilities shall not be permitted in any public easement.

      (10)   Maintenance. Wireless communication systems, tower facilities, or antennas obviously in need of maintenance as determined by the building official, shall be removed or brought into compliance within 30 days following notice given by the building official. This shall not preclude immediate action by the building official to safeguard life, limb, health, property, and public welfare.

      (11)   Wireless communication systems/tower facility impact levels. For the purpose of siting wireless communication systems and/or tower facilities, it has been determined that there exists different levels of impact for wireless communication systems/tower facilities depending upon physical location, aesthetics, and land uses compatibility. These impact levels are defined as follows:

         (a)   Within all zoning districts where wireless communication systems, tower facilities, antennas, or any related structures are permitted or granted a specific use permit, a stealth facility may be erected to where the antenna(s) may be located on any existing structure such as, but not limited to, a building, water tower, utility tower, steeple, or light pole. The antenna may be aesthetically painted, constructed, or applied with material such that even though it may not be out of sight it is effectively incorporated into the pattern, style, and material or the structure to effectively render it unnoticeable. A new structure may be constructed to hold or house the antenna; however, the structure must be consistent with the overall architectural features of the primary buildings.

         (b)   No tower shall exceed 100 feet in height.

   (D)   Specific use requirements for wireless communication systems, tower facilities, and/or antennas.

      (1)   A specific use permit must be obtained from the Planning and Zoning Commission to locate a wireless communication system, tower facility, and/or antenna in a (MF) Multi-Family Zoning District, (GR) General Retail Zoning District, (CB) Central Business Zoning District, (C) Commercial Zoning District or (PD) Planned Development Zoning District as stated in division (C)(1).

      (2)   In considering whether to grant a specific use permit from the regulations specified above, the Planning and Zoning Commission shall consider the following:

         (a)   The effect on the value of the surrounding property;

         (b)   The potential for interference with the enjoyment of the use of surrounding properties;

         (c)   Aesthetics;

         (d)   The necessity of the specific use permit for the public health, safety, and welfare of the citizens or for governmental purposes;

         (e)   The zoning district and the adjoining zoning districts of the property for which the specific use permit is sought; and

         (f)   The unique conditions that govern reasonable reception on any given lot.

      (3)   If application is made for a specific use permit, the applicant must provide the following information:

         (a)   Describe the nature of the antenna site. Indicate whether the proposed structure is a monopole or mounted to a self-supporting structure. Indicate the proposed height.

         (b)   Provide photos or drawings of all equipment, structures, and antenna.

         (c)   Describe why the antenna or tower is necessary.

         (d)   State the name(s) of the telecommunications providers or other users of the antenna or tower and describe the use to be made by each user.

         (e)   Indicate if this antenna or tower site is to be connected to other sites; and if so, describe how it will be connected and who will be the backhaul provider.

         (f)   The applicant must address whether or not they have made an effort to co-locate the facilities proposed for this antenna or tower on existing towers or facilities in the same general area. Identify the location of these existing sites, and describe in detail these efforts and explain why these existing sites were not feasible. Refer to division (C)(3)(b) for a guideline. Attach all studies or tests performed which demonstrate why the existing site will not provide sufficient signal coverage. Provide written documentation from existing sites' owners and/or operators, which confirm the statements, provided. Indicate whether or not the existing sites allow/promote co-location and, if not, describe why not.

         (g)   Indicate whether or not co-location will be allowed to other telecommunications providers at the requested site. If they are not allowed, state every reason and the basis for each reason.

         (h)   Indicate the proposed provider's current coverage area for the city. Attach maps showing the areas the proposed provider's existing antenna currently covers, the areas the applicant's existing sites and other existing sites would cover, and the areas the applicant's existing sites and the requested site would cover.

         (i)   Describe the applicant's master antenna and tower plan for the city. Submit a site plan, refer to division (C)(3)(c), maps and other related documentation. Provide information indicating each phase of the plan.

         (j)   Describe the applicant's plan to minimize the number of telecommunication antennas and towers needed to cover the city.

      (4)   The Planning and Zoning Commission will approve a requested application subject to the finding that co-location of this wireless communication system, tower facility, or antenna with a nearby existing facility is technically not feasible and subject to the following conditions:

         (a)   Applicant will permit co-location of others at the site;

         (b)   Applicant will configure its antenna and other equipment to accommodate other providers;

         (c)   Applicant will identify its backhaul provider connecting antenna sites; and

         (d)   Applicant will give notice to the city identifying any provider who co-locates to the site and identify their backhaul provider.

(Ord. 2002-02, passed 1-15-02)

   (A)    Purpose and intent.

      (1)   The purpose of this section is to enhance the beautification of the city and preserve and protect the city's identity and natural environment. This section is enacted to improve the appearance and character of certain setback and yard areas, including off-street vehicular parking and open lot sales and service areas within the city. Further, the purpose of this section is to protect and preserve the appearance and character of the surrounding neighborhoods, and therefore promote the general public safety and welfare by providing for the installation and maintenance of landscaping and screening. This section is intended to assure that reasonable provision will be made for such matters as sound and sight buffers, preservation of scenic views and those elements of site design which may have substantial effects on adjoining land uses.

      (2)   This section establishes the procedure, regulations and standards whereby landscape plans and tree preservation measures will be reviewed by the city for compliance with this section, and specifies the submittal and content requirements for such landscape plans.

   (B)    Jurisdiction and applicability.

      (1)    The landscape requirements in this section shall apply to all land within the city limits, as now or hereafter set, in all zoning districts, except for land zoned FD, SF-1, SF-2, TF, MH, and CB. Areas zoned as Planned Development Districts containing landscaping standards shall be regulated by the more restrictive requirements.

      (2)   The landscape requirements shall apply to all public, private and institutional developments. Such landscape requirements shall become applicable to each individual lot at such time as an application for a building permit on such lot is made. All landscape requirements of this section shall continue after the building permit is issued to any owner or subsequent owner.

   (C)    Compliance.

      (1)   All required landscaping and screening shall be installed as part of the project construction. All tree planting and plant screening required by this section must be installed prior to the issuance of a Certificate of Occupancy, where required, or prior to the commencement of use. This requirement is intended to assure compliance with the landscape requirements of this section and the adherence to a specific landscape plan approved by the city prior to the issuance of a building permit.

      (2)   All landscaping shall be installed in a sound manner and in accordance with accepted good planting procedures; all elements of landscaping shall be installed so as to meet all other applicable city ordinances and policies. Landscape areas, both those proposed and those to be retained, shall be protected from vehicular encroachment during and after the construction phase by appropriate barriers.

   (D)    Definitions. In the event of a dispute, the City Planner, or designee, shall have the authority to interpret the definition of the word as it relates to this section. As used herein, the following definitions are applicable:

      BARRICADE AREA FOR EXISTING TREES . A protected area extending in a radius no less than the drip line from every protected tree that prevents intrusion by construction equipment, vehicles and people.

      BARRIER . A device or treatment, which controls the management, circulation, separation, or direction of traffic. Such treatments include, but are not limited to, wheelstops, raised islands, dividers or barricades.

      BERM . An earthen mound designed to provide visual interest, screening and/or decrease noise.

      CALIPER . Diameter of a predominant tree trunk measured six inches above grade for trees four inches in diameter or less. For trees with a larger diameter, the caliper measurement shall be the diameter at breast height (d.b.h.), measured four and one half feet above grade.

      CANOPY TREE . Any self-supporting woody plant with one well-defined trunk and a distinct and definite formed crown, which attains a height of at least 30 feet.

      DECIDUOUS . A plant with foliage that sheds annually.

      DEVELOPMENT . The construction, reconstruction or enlargement of any structure.

      DRIP LINE . The area beneath the canopy of a tree defined by a vertical line extending from the outermost edges of the tree branches to the ground.

      EVERGREEN . A plant with foliage that remains green year-round.

      EXISTING TREE . Any self-supporting woody plant with one well-defined trunk which exists on the lot prior to development.

      GRASS . Any of numerous grass species that will attain a thick green cover of turf over the available soil area.

      GROUND COVER . Any woody or herbaceous plant that effectively shades out sod and will not generally reach a height of over two feet.

      HARD SCAPE SCREENING . Non-living screening materials such as walls, fences and baffles.

      LANDSCAPE PLAN . The Landscape Site Plan or LANDSCAPE PLAN information required to be submitted and approved in accordance with this section.

      LANDSCAPED AREA . An area within the boundary of a property which is devoted to and consists of plant material, trees, water forms, planters, brick, stone, aggregate and other features used primarily for landscaping purposes, but not including the use of smooth concrete or asphalt.

      LANDSCAPING . Changing, rearranging or adding to the original vegetation or scenery of a piece of land. It may include reshaping the land by moving the earth, as well as preserving the original vegetation or adding vegetation.

      NON-CANOPY TREE . Any self-supporting woody plant with one or more trunks which attains a height of at least 15 feet.

      NON-CONFORMING DEVELOPMENT . A development which was lawful prior to the adoption of this section but which fails by reason of such adoption to comply with this section.

      ORNAMENTAL TREE . A tree planted primarily for its decorative value or for screening purposes; tends to be smaller at maturity than a canopy tree.

      PARKWAY . The area lying between the right-of-way line of any public street (which is not an alley) and the curb line of the street; or if there is no curb line, the shoulder of the street; or if there is no shoulder or curb, the edge of the pavement of such street.

      PLANT MATERIALS . Living trees, shrubs, vines, grass, ground covers and flowering annuals, biennials and perennials.

      PROPERTY . The real property included within the boundaries of any lot approved and recorded in the plat records of Titus County, or an unplatted tract or parcel of land as described and recorded in the Real Property Records of Titus County, Texas.

      PROTECTED TREE . A tree that has a barrier constructed in such a way that the tree is protected from damage due to construction or from normal vehicular movement.

      SCREENING . A method of visual shielding or obscuring one abutting or nearby structure or use from another by fencing, walls and berms or densely planted vegetation.

      SHRUB . A woody perennial plant distinguished from a perennial herb by its persistent, woody stem and from a tree by a mature height of less than 15 feet and having no distinctive elevated crown of foliage.

      STREET YARD . The area of a lot which lies between the street right-of-way line and the front, side and/or rear wall building line. See § 155.51(J), illustrations 1 thru 6.

      UNDISTURBED AREA . The area of a lot which maintains the original natural vegetation including trees, shrubs, grasses, groundcover, and plant materials as approved by the City Planner.

      UNPROTECTED TREE . A tree that has no specially constructed protection barriers to prevent damage due to construction or normal vehicular movement.

      VEGETATED AREA . Ground area of a site that is covered by plants, including trees, undergrowth and grasses.

      VEGETATION . Any type or kind of growing plant material.

      WALL BUILDING LINE . A line extending along the facade of the building(s), parallel to the property line(s) abutting a street right-of-way line. Such line shall be used to determine the overall area, depth and shape of the street yard. See § 155.51(J), Illustrations 1 thru 6.

      WEEDS OR GRASSES . Weeds and/or grasses or other uncultivated plants on any premises or right-of-way, which grow in such rank profusion as to harbor reptiles or rodents, or create a fire hazard; and weeds and/or grasses, excluding ornamental grasses, or other uncultivated plants on any premises which are permitted to, or do attain a height greater than 12 inches.

   (E)    Requirements.

      (1)   Landscape area requirements.

         (a)   The landscaping requirements shall be determined by the total square footage of the lot less any areas exempted by phased development or classification as floodway or undisturbed area.

         (b)   The minimum required area of landscaping shall be 5% of the total lot area, except for lots zoned for manufacturing. The minimum area of landscaping for lots zoned LI and HI, shall be 2 1/2% of the total lot area.

         (c)   Of the required landscape area, a minimum of one tree per 1,250 square feet, or fraction thereof, shall be required. A minimum of one tree shall be required for all development. Trees planted in order to satisfy this requirement shall have a minimum caliper of 1 1/2 inches.

            1. Each existing tree which is maintained in a living and growing condition may be credited towards the required landscaped area, however, each individual tree may be credited only once according to the following schedule:

EXISTING SAVED TREES      CREDIT*
10" – 12" caliper         150 square feet of landscaped area
15" or greater caliper         200 square feet of landscaped area

*Credits shall not exceed 25% of the required landscaped area.

            2. Each existing tree which is maintained in a living and growing condition may be credited towards the number of required trees according to the following schedule. A minimum separation of 15 feet is required between trees to be saved and used for credit.

EXISTING SAVED TREES      CREDIT
10"- 12" caliper         3 trees
15" or greater caliper         4 trees

         (d)   Of the required landscape area, a minimum of one shrub per 100 square feet, or fraction thereof, shall be required. Shrubs planted in order to satisfy this requirement shall be a minimum size of one gallon. Each existing tree or newly planted tree which is maintained in a living and growing condition may be credited towards the required number of shrubs according to the following schedule:

EXISTING SAVED TREES AND NEWLY PLANTED TREES      CREDIT*
   3" – 6" caliper                        4 shrubs
   7" – 9" caliper                        6 shrubs
   10" – 12" caliper                     8 shrubs
   15" or greater caliper                     10 shrubs

*Credits shall not exceed 50% of the required shrubs.

      (2)   Tree preservation and care during construction.

         (a)   Existing trees to be preserved for landscape credit must be clearly marked.

         (b)   Existing trees to be saved for landscape credit shall have a barricade along the tree's drip line prior to grading and construction.

         (c)   Areas to remain preserved are to be barricaded so that construction practices in the field will protect existing trees from compaction of soil, changes in grades and damage from machines.

      (3)   Landscape requirements.

         (a)   For a lot abutting one street, a minimum of 75% of the landscaping area shall be located in the street yard. The remaining percentage of landscaping shall be reasonably dispersed throughout the lot. The distribution of landscaping may be amended at the discretion of the City Planner in order to ensure the maximum benefit of the required landscaping.

         (b)   For a corner lot, a minimum of 90% of the landscaping area shall be located in the street yard. The remaining percentage of landscaping must be reasonably dispersed throughout the lot. The distribution of landscaping may be amended at the discretion of the City Planner in order to ensure the maximum benefit of the required landscaping.

         (c)   For a lot abutting three or more streets, landscaping shall be reasonably dispersed so that each street yard has some landscaping.

         (d)   All existing undergrowth in a protected area shall remain until construction is complete and may be removed at that time by hand clearing only.

         (e)   Any surface of the street yard not occupied by trees, shrubs, planting beds, signs or other permitted fixtures shall be planted with sod or other suitable groundcover.

         (f)   Every development shall be required to have either an irrigation system or a hose connection. The hose connection shall be within 150 feet of all landscaping. A 10% reduction in the required landscape area shall be made when an irrigation system is provided for the entire landscaped area.

         (g)   Trash dumpsters and other similar refuse containers are required to be located in visually screened areas. At a minimum, screening shall employ a six feet high, solid fence, and/or landscape material sufficient to screen the dumpster from public view. Trash dumpsters that are not readily visible from public right of way shall not require screening.

         (h)   Where parking areas abut residentially zoned property, and the parking area is not screened from view by a wall, berm or other screen, a continuous screen of shrubs (minimum five gallons in size) must be placed adjacent to the parking area. The shrubs should create a minimum three-foot tall screen in two years. Drought and freeze-resistant shrubs shall be used; e.g., Photinia, dwarf Burford Holly, dwarf Chinese Holly or dwarf Yaupon Holly. Other plants may be used with the approval of the City Planner.

         (i)   Landscaping islands are required in parking lots in excess of 50,000 square feet at both ends of each row of ten or more parking spaces. Each separate landscaped area shall contain a minimum of 50 square feet; shall have a minimum dimension of at least five feet; and shall include at least one tree. The remaining area shall be landscaping material not to exceed three feet in height.

      (4)   Landscape plan requirements. A landscape plan shall be required and submitted upon application for a building permit. The landscape plan may be a separate site plan, or when feasible, the landscape plan information may be included on the building site plan. It is recommended that landscape plans be prepared by a professional landscape architect or landscape contractor. The landscape plan shall include:

         (a)   The location of existing boundary lines and dimensions of the lot.

         (b)   The location of existing and proposed utility easements on or adjacent to the lot and the location of overhead power lines and any underground utilities.

         (c)   A plant schedule listing the name and size of all plant materials. Botanical nomenclature as well as common names shall be listed. All canopy trees shall be identified as containerized or balled and burlapped.

         (d)   The location, size and type of vegetation of new and existing plant materials to be planted or retained in the proposed landscaped areas.

         (e)   An indication of how the developer plans to barricade existing trees which are to be retained, in order to prevent damage to the trees during construction. The location and size of the barricade(s) shall be indicated.

         (f)   The location of the proposed water faucet(s) or a note indicating the installation of the irrigation system covering the entire lot.

         (g)   The location of existing development, adjacent land uses, and roadways.

         (h)   Information necessary for verifying whether the minimum required landscaping area has been met.

         (i)    A statement indicating the total square footage of landscaping area required, including the number of trees and shrubs required, for the proposed development to be in compliance with this section, and a calculation to verify that the number, size and type of vegetation listed on the plant schedule shall render the proposed development to be in compliance with this section.

      (5)   Plan revisions. Minor revisions to landscape plans are acceptable if there is no reduction in the quality of plant material or no significant change in size or location of plant materials, and if the new plants are of the same general category (i.e., shade, ornamental, or evergreen trees) and have the same general characteristics (mature height, crown spread) as the materials being replaced. Proposed materials must also be compatible with the area to ensure healthy plant growth. If these criteria are not fulfilled, changes to approved plans must be resubmitted and reviewed for approval.

      (6)   Maintenance.

         (a)   The owner, or agent shall be responsible for the maintenance of all landscaping, which shall be maintained in good condition so as to present a healthy, neat and orderly appearance, and shall be kept free from refuse and debris. Any plant that dies must be replaced with another living plant that complies with the approved landscape plan within 120 days after death, season permitting.

         (b)   The property owners shall be responsible for replacement of dead landscaping material. Replacement must occur within 120 days, season permitting, of notification by the City Planner or designee. Replacement material must be of similar character as the dead landscaping material.

         (c)   The property owner is responsible for any damage or interference with utility lines or other utility facilities resulting from the negligence of the property owner, agents or employees in the installation and maintenance of required landscaping. If a utility crew disturbs a landscaped area in a utility easement, it shall make every reasonable effort to preserve the landscaping materials and return them to their prior locations after the utility work is completed. If nonetheless some plant materials die, it is the obligation of the property owner to replace the dead plant materials.

         (d)   Nothing in this section shall prohibit or restrict a public utility company from trimming or removing trees or other plant materials that are a hazard to its employees, the public or its facilities, or that threaten to interfere with the provision of continuous service.

      (7)   Phased development. Each phase of a phased project shall comply with this section. Phase lines, if drawn, shall be drawn 20 feet or more from developed site elements (parking, buildings, ponds, and the like). The portion left for subsequent phases shall remain of developable size and quality. No building permit shall be issued for a subsequent phase of a project until all requirements of this section have been met.

      (8)    Floodway. On sites where a floodway exists, the floodway area will be subtracted from the total lot area when calculating landscape requirements. Therefore, trees, shrubs or groundcover in this area will not be applicable in meeting the landscaping requirements for the development of the property.

      (9)   Parkways. Abutting parkways are required to be planted with grass and left unpaved except for sidewalks and driveways.

      (10)   Undisturbed area. On sites where the City Planner has determined that an undisturbed area exists, the area will be subtracted from the total lot area when calculating landscape requirements. Therefore, trees, shrubs, or groundcover in this area will not be applicable in meeting the landscape requirements for development of the property. No building permit shall be issued for the development within the undisturbed area until all requirements of this section have been met.

   (F)   Landscape standards and specifications.

      (1)   Plant criteria.

         (a)   All plant materials planted in order to satisfy this section shall be of a species which will conform to the selection criteria of this section.

            1.   Plant materials shall be either acceptable native plants to the city area, or plants that are known to be acclimated to the North East Texas region.

            2.   The selection of individual plant materials shall require that the specie chosen be adaptable to the specific environment and conditions in which it will be planted; i.e., soils, water availability, height limitations and shade.

         (b)   Trees and shrubs planted in order to satisfy this section shall conform to the minimum size specified.

            1.   Canopy trees shall have a minimum caliper of 1 1/2 inches; shall have a minimum branching height of six feet; and shall have a minimum overall height of eight feet immediately after planting.

            2.   Shrubs shall be a minimum size of one gallon.

         (c)   Trees shall be selected so as to avoid those species known to cause damage to public improvements.

         (d)   Artificial plants are not acceptable in satisfying this section.

      (2)    Planting requirements.

         (a)   A professional horticulturist/nurseryman should be consulted to determine the proper time to move and install plant material so that stress to the plant is minimized. Planting of all material may be continued during winter months provided the plant material is not subject to severe freezing. In the event weather conditions are not suitable for planting, with the approval of the City Planner, and prior to issuance of a Certificate of Occupancy, an irrevocable letter of credit assigned to the city shall be provided to cover the cost of postponed planting.

         (b)   The owner or contractor shall furnish and install and/or dig, ball, burlap, and transplant all plant materials listed on the plant schedule.

         (c)   Trees shall not be planted so near to sewers, sidewalks, or other public improvements as to cause damage to such improvements.

         (d)   Sight clearance on all sites shall comply with §§ 98.085 et seq.

         (e)   The owner or contractor shall excavate all plant pits, vine pits, hedge trenches and shrub beds as follows:

            1.   All pits shall be generally circular in outline, with vertical sides. The tree pit shall be deep enough to allow one-eighth of the ball to be above the existing grade. Plants shall rest on undisturbed existing soil or well-compacted backfill. The tree pit must be a minimum of nine inches larger on every side than the ball of the tree.

            2.   If areas are designated as shrub beds or hedge trenches, they shall be cultivated to at least 18 inches in depth. Areas designated for ground covers and vines shall be cultivated to at least 12 inches in depth.

         (f)   Each tree, shrub or vine shall be pruned in an appropriate manner, in accordance with accepted standard practice. Broken or bruised branches shall be removed with clean cuts made on an angle from the bark ridge to the branch collar, no flush cuts, to minimize the area cut. All cuts shall be made with sharp tools. Trim all edges smooth.

         (g)   All trenches and shrub beds shall be edged and cultivated to the lines shown on the drawing. The area around isolated plants shall be edged and cultivated to the full diameter of the pit. Sod that has been removed and stacked shall be used to trim the edges of all excavated areas to the neat lines of the plant pit saucers, the edges of shrub areas, hedge trenches and vine pockets.

         (h)   After cultivation, all plant materials shall be mulched with approved material over the entire area of the bed or saucer according to generally accepted landscape practices.

   (G)   Non-conforming developments.

      (1)   Classification of non-conforming developments. Land developed with a building or structure which is in lawful use at the effective date of this section, and land which does not conform to this section, but is subsequently annexed to the city, shall have non-conforming use status with respect to this section.

      (2)   Regulation of non-conforming developments.

         (a)   The lawful use of a building or other development as described in division (G)(1) above may be continued although such development does not comply with the requirements thereof. However, voluntary compliance with these requirements and landscape enhancement is encouraged.

         (b)   The repair or restoration of a building or other development to its prior condition after being damaged or destroyed by fire, explosion, wind, flood, tornado or other accident or weather phenomena, shall not require that such building or other development comply with the requirements of this section, provided a building permit for the repair or restoration is obtained within 12 months of the date the damage occurred.

         (c)   The expansion of an existing building, or the construction of one or more additional buildings on the same lot as the existing building, shall not require compliance with this section provided:

         1.   That the expansion of the existing building or the construction of the additional building(s) shall not result in the encroachment of any wall building line into an existing street yard; or

         2.   Where the expansion of the existing building or construction of any additional building(s) will result in the encroachment of a wall building line into an existing street yard, the gross floor area (g.f.a.) of that portion of the expansion which will extend into the street yard, or the total gross floor area of all buildings to be constructed in the street yard, shall not exceed 25% of the gross floor area of the existing building. See division (J), illustration 6.

   (H)   Appeals.

      (1)   Procedure.

         (a)   Appeals may be taken by any person whose development is affected by this section. Requested variances from this section shall be submitted in writing. Such appeal or request for a variance shall be filed with the Planning Department, shall specify the grounds thereof, and shall be accompanied by a filing fee. The Planning Department shall transmit to the Board of Adjustment all of the papers constituting the record upon which the action appealed from was taken.

         (b)    The Board of Adjustment shall consider such appeals in the same manner as other appeals within its jurisdiction.

         (c)    The Board of Adjustment may authorize a variance from this section when an undue hardship will result from requiring strict compliance. The Board has the responsibility of making the findings herein below required, and shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed development, and the probable effect of such variance upon the public health, safety, convenience and welfare in the vicinity.

      (2)    Variances.

         (a)   No variance may be granted unless the Board of Adjustment finds:

            1.   That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this section would deprive the applicant of the reasonable use of the land;

            2.   That the variance is necessary for the preservation and enjoyment of substantial property right of the applicant;

            3.   That the variance will not be detrimental to the public health, safety or welfare or be injurious to other property in the area;

            4.   That the lack of landscaping will not be detrimental to adjoining property or the health, safety and welfare of the public; and

            5.   That the hardships and difficulties of the landscaping and/or screening are greater than the benefits derived by the public.

         (b)   Such findings of the Board of Adjustment together with the specific facts upon which the finding is based, shall be incorporated into the official minutes of the meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this section so that the public health, safety and welfare may be secured and substantial justice done. Monetary hardship to the developer standing alone, shall not be deemed to constitute undue hardship.

   (I)   Violation, penalty and enforcement.

      (1)   It is the duty of the Planning Department to enforce this section. Appeals from the decision of the City Planner may be made to the Board of Adjustment.

      (2)   Reports of non-compliance with this section should be directed to the Planning Department. The Planning Department will accept complaints from the public. Upon receipt of a complaint, the Planning Department will investigate and, if non-compliance exists, will inform the property owner of the violation, giving a reasonable amount of time to comply. Should the owner fail to comply within the time period, the owner shall be subject to a fine as set forth in § 155.99.

      (3)   Notice shall:

         (a)   Be in writing;

         (b)   Include a statement of the reason for its issue;

         (c)   Allow a reasonable time for compliance;

         (d)   Be served upon the owner, or agent responsible for property maintenance provided that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any method authorized or required by state law; and

         (e)   Contain an outline of remedial action which, if taken, will effect compliance with this section. At the end of such period as noted above, the Planning Department shall re-inspect, and if such conditions or practices have not been corrected, further legal action by the city may be instituted.

   (J)    Illustrations.

   The following six illustrations are included as examples to help explain the requirements of this section.

(Ord. 2003-6, passed 5-20-03)