Ovilla City Zoning Code
ARTICLE 4
Supplementary Regulations
§ 26 Site Plan Requirements.
26.1
Generally.
Whenever a site plan is required by this ordinance, the site plan must conform to the requirements of this section. Unless otherwise specified in this ordinance, all site plans must be approved by the City Council, upon recommendation of the Planning and Zoning Commission. The site plan submitted in support of an application must satisfy the requirements for site plan submittals as set forth by the city staff. Site plans shall be reviewed by the city staff, and comments shall be returned within a reasonable time after review.
26.2
Required Prior to Building Permit.
When required by this ordinance, a site plan must be approved prior to the issuance of a building permit.
26.3
Changes to The Site Plan.
A.
Approval Required.
Except as otherwise provided in subsection C below, any site plan that is amended shall require approval of the City Council, upon recommendation of the Planning and Zoning Commission.
B.
Amendment Affecting Use.
Changes to the site plan which will affect the use of the land may require either an amendment to a Planned Development or a rezoning of property, whichever applies.
C.
Minor Changes.
Changes of details within a site plan which do not alter the basic physical relationship of the property to adjacent properties; do not alter the use permitted; and do not increase the density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the approved site plan, may be authorized by the Administrative Official. An aggrieved party may appeal the decision of the Administrative Official to the Zoning Board of Adjustment in accordance with the provisions of this ordinance.
26.4
Council Approval.
Upon City Council approval of a site plan that accompanies a zoning change request, the site plan shall become part of the amending ordinance.
26.5
Site Plan Hearing Notices.
A.
Notice to Owners.
The Administrative Official shall send notice to owners of record of property within two hundred (200) feet of the property under consideration of a site plan consideration by the Planning and Zoning Commission.
B.
Sign Required.
The City Administrator shall cause at least one (1) sign to be erected on the property for which the site plan consideration of the Planning and Zoning Commission has been requested. The sign shall have total area of at least four (4) square feet and shall be located adjacent to the street. Such sign shall be erected on or before the first notice to property owners and shall be removed immediately after final action by the City Council, or when the applicant withdraws the request, whichever comes first. The sign shall contain a notice of hearing on a site plan and the telephone number of the public official from whom dates of public hearing may be obtained. The erection or continued maintenance of signs shall not be deemed a condition precedent to the granting of any site plan recommendation or approval or the holding of any public hearing.
C.
Site Plans with No Zoning Change Requested.
City Council approval of a site plan required for the issuance of a building permit for a structure on a site for which no zoning change has been requested, or which is not in a planned development district shall not constitute an official public hearing as required by state law. Notice of the consideration of the site plan by the City Council in the posted agenda of the Council shall be sufficient notice for the purposes of approving a site plan by City Council action for the issuance of a building permit.
26.6
Site Plan Consideration.
In considering, granting, or denying an application for a site plan as provided for in this ordinance, the Planning and Zoning Commission and the City Council shall take into consideration the following factors:
26.7
Site Plan Content.
A.
Requirements.
The site plan shall contain the information:
1.
The boundary lines and dimensions of the property, existing subdivision lots, available utilities, easements, roadways, sidewalks, emergency access easements, and public rights-of-way;
2.
Topography of the property proposed for development in contours of not more than two feet, apart with any proposed grade elevations, if different from existing elevations. (Note: If the natural contour of the land is to be altered or changed in any location on the property more than four (4) feet, the site plan must provide detailed information on the proposed grading plan. This information shall include the correlation of the proposed grading plan to the surrounding properties and the use of those surrounding properties and shall include information indicating the drainage and the line of sight effect the proposed grading plan will have on the surrounding properties;
3.
One-hundred year floodplains, water courses, marshes, drainage areas, and other significant environmental features including, but not limited to, rock outcroppings and major tree groupings. Topographic and drainage map information provisions may be waived by the reviewing body when the inclusion of such data would not materially contribute to the necessary evaluation of the project petition;
4.
The location of existing trees, including notations of those trees to be preserved;
5.
The location and proposed uses of all existing and proposed buildings or structures, including all refuse storage areas, and the minimum distance between buildings. Where building complexes are proposed, the location of each building and the minimum distances between buildings, and between buildings and the property line, street line, and/or alley shall be submitted. For buildings more than one (1) story in height, elevations and/or perspective drawings shall be required in order that the relationship of the buildings to adjacent property, open spaces, and to other features of the development plan may be determined. The drawings must indicate the square footage, the height, number of floors and exposures for access, light, and air. A designation of the maximum building coverage of the site shall be indicated on the site plan;
6.
Total number, location, and arrangement of off-street parking and loading spaces, where required. The plan should include a table of the required and proposed off-street parking and off-street loading spaces with the building area;
7.
All points of vehicular ingress, egress, and circulation within the property and all special traffic regulation facilities proposed or required to assure the safe function of the circulation plan;
8.
Setbacks, lot coverage, and when relevant, the relationship of the setbacks provided and the height of any existing or proposed building or structure;
9.
The location, size, and arrangement of all outdoor signs, exterior auditory speakers, and lighting;
10.
The type, location, and quantity of all plant material used for landscaping, and the type, location, and height of fences or screening and the plantings around them. When necessary to protect the public health, safety, or welfare, the City Council or the Planning and Zoning Commission may require landscaping and screening requirements to be in place prior to the start of construction pursuant to an approved site plan;
11.
Where multiple types of land uses are proposed, a delineation of the specific areas to be devoted to various land uses;
12.
Vicinity map, north point, scale, name of development, name of owner, name of planner, total acreage of project, and street address or common description of the property;
13.
Current land uses and zoning district of the property and current land uses and zoning districts of contiguous properties and buildings on the exterior of the site and within twenty-five (25) feet of all property lines;
14.
Existing buildings on the exterior of the site and within one hundred (100) feet of all property lines;
15.
The location and size of existing and proposed surface and subsurface drainage facilities, including culverts, drains, and detention ponds, showing size and direction of flow;
16.
The number of square feet of the property after construction which will constitute impervious area or impervious surface and vegetated areas;
17.
Roadway speeds and distances of adjacent driveways from all proposed driveways and streets;
18.
Architectural drawings, such as elevations, concept sketches or renderings depicting building types and other significant proposed improvements including the treatment and use of open spaces, etc., where the submission of such drawings would more clearly portray the nature and character of the applicant’s land use and development proposals;
19.
Legal description of the total site area proposed for rezoning, development or specific use permit;
20.
Signature and title of the applicant, certifying the information presented in the plans, and supporting documents reflect a reasonably accurate portrayal of the nature and character of the applicant’s proposals;
21.
Any proposed dedications of land for public use, including easements, trails, parkland, open space and floodplain; and
22.
The proposed name of the business or development.
B.
Option for Single Drawing.
Notwithstanding Subsection A, any or all of the required features may be incorporated on a single drawing if, in the sole discretion of the Building Official, the drawing is clear and capable of evaluation by the City Council and City Staff required to enforce and interpret this ordinance.
(Ordinance 2010.013 adopted 6/14/10; Ordinance 2010.014, sec. 2, adopted 8/9/10; Ordinance 2011-026 adopted 11/14/11)
§ 27 Specific Use Permits.
27.1
Purpose.
Certain land uses, because of their nature and location, are not appropriate for categorizing into installations, such as colleges and universities, institutions, community facilities, zoos, cemeteries, country clubs, show grounds, drive-in theaters and other unusual land uses not specifically provided for in this chapter. To provide for the proper handling and location of such specific uses, provision is made for amending this Ordinance to grant a permit for a specific use in a specific location. This procedure for approval of a specific use permit includes a public hearing. The ordinance granting a specific use permit may provide for certain restrictions and standards for operation. The indication that it is possible to grant a specific use permit as noted elsewhere in this ordinance does not constitute a grant of privilege for such use, nor is there any obligation to approve a specific use permit unless it is the finding of the Planning and Zoning Commission and City Council that such a special use is compatible with adjacent property uses and consistent with the character of the neighborhood.
27.2
Permit Required.
No special use shall be erected, used, altered, occupied nor shall any person convert any land, building or structure to such a use unless a specific use permit has been issued by the City Council. The granting of a specific use permit shall be done in accordance with the provisions for amendment of this zoning ordinance.
27.3
Application Procedure.
An application for a specific use permit shall be filed with the administrative official on a form prepared by the city. The application shall be accompanied by the following:
A.
Execution.
A completed application form signed by the property owner;
B.
Fee.
An application fee as established by the city’s latest adopted schedule of fees;
C.
Tax Certificate.
A certificate stating that all city and school taxes have been paid to date;
D.
Property Description.
A property description of the area where the specific use permit is proposed to apply;
E.
Site Plan.
A site plan complying with the requirements stated in this section which will become a part of the specific use permit, if approved; and
F.
Additional Requirements.
Any other material and/or information as may be required by the Planning and Zoning Commission, the City Council or the administrative official to fulfill the purpose of this subsection and to ensure that the application is in compliance with the ordinances of the city.
27.4
Site Plan Information.
A site plan shall contain, at a minimum, the information required by Section 26 Site Plan Requirements.
27.5
Additional Information.
A.
Who May Request.
City staff, the Planning and Zoning Commission or the City Council may request any of the following additional information:
1.
Copies of studies or analyses upon which have been based projections for need or demand for the proposed facility;
2.
Description of the present use, assessed value and actual value of the land affected by the proposed facility and/or use;
3.
Description of the proposed use, anticipated assessed value and supporting documentation;
4.
A description of any long-term plans or master plan for the future use or development of the property;
5.
A description of the applicant’s ability to obtain needed easements to serve the proposed use;
6.
A description of any special construction requirements that may be necessary for any construction or development on the subject property; and
7.
A traffic impact analysis prepared by a qualified professional in the field of traffic evaluation and forecasting may be required by City Staff.
27.6
Council Action.
The City Council may grant a specific use permit only upon finding that the information submitted is sufficient to determine that the proposed building, use, structure, development or activity will have an insubstantial impact on the surrounding area and that providing the information required by the submittal requirements is unreasonably burdensome on the applicant.
27.7
Conditions of Permit Approval.
The Planning and Zoning Commission shall not recommend approval of a specific use permit unless the Commission finds that all of the following conditions have been found to exist:
A.
The proposed use complies with all the requirements of the zoning district in which the property is located;
B.
The proposed use as located and configured will contribute to or promote the general welfare and convenience of the City;
C.
The benefits that the city gains from the proposed use outweigh the loss of or damage to any homes, business, natural resources, agricultural lands, historical or cultural landmarks or sites, wildlife habitats, parks, or natural, scenic, or historical features of significance, and outweigh the personal and economic cost of any disruption to the lives, business and property of individuals affected by the proposed use;
D.
Adequate utilities, road access, drainage and other necessary supporting facilities have been or shall be provided;
E.
The design, location and arrangement of all public and private streets, driveways, parking spaces, entrances and exits shall provide for a safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments;
F.
The issuance of the specific use permit does not impede the normal and orderly development and improvement of neighboring vacant property;
G.
The location, nature and height of buildings, structures, walls and fences are not out of scale with the neighborhood;
H.
The proposed use will be compatible with and not injurious to the use and enjoyment of neighboring property, nor significantly diminish or impair property values within the vicinity;
I.
Adequate nuisance prevention measures have been or shall be taken to prevent or control offensive odors, fumes, dust, noise, vibration and visual blight;
J.
Sufficient on-site lighting is provided for adequate safety of patrons, employees and property, and such lighting is adequately shielded or directed so as not to disturb or adversely affect neighboring properties;
K.
There is sufficient landscaping and screening to ensure harmony and compatibility with adjacent properties;
L.
The proposed operation is consistent with the applicant’s submitted plans, master plans, projections, or, where inconsistencies exist, the benefits to the community outweigh the costs; and
M.
The proposed use is in accordance with the Comprehensive Land Use Plan.
27.8
Additional Conditions.
In authorizing a Specific Use Permit, the Planning and Zoning Commission may recommend, and the City Council may impose additional reasonable conditions necessary to protect the public interest and the welfare of the community. The Council may provide that the specific use permit will be valid only for a certain period of time.
27.9
Time Limit.
A Specific Use Permit shall become null and void unless construction or use is substantially underway within one year of the granting of the permit, unless an extension of time is approved the City Council.
27.10
Revocation of Permit.
The City Council may revoke or modify a Specific Use Permit after notice and hearing, if the Council finds that the permit was obtained or extended by fraud or deception, or one or more of the conditions imposed by the permit has not been met or has been violated.
27.11
Amendments to Specific Use Permit.
The procedure for amending a Specific Use Permit shall be the same as for a new application, provided the Administrative Official may approve minor variations from the original permit which do not increase density, change of a use, traffic patterns, or result in an increase in external impacts on adjacent properties or neighborhoods.
(Ordinance 2010.013 adopted 6/14/10; Ordinance 2010.014, sec. 2, adopted 8/9/10; Ordinance 2011-026 adopted 11/14/11)
§ 28 General Height Requirements.
28.1
Nonresidential Structures.
A non-residential building may exceed the permitted height in a zoning district if the following conditions are met:
A.
A Site Plan is submitted and approved; and
28.2
Exceptions.
Height regulations do not apply to steeples, domes, cupolas, or other architectural design elements usually required to be placed above the roof level and not intended for human occupancy.
(Ordinance 2010.013 adopted 6/14/10; Ordinance 2010.014, sec. 2, adopted 8/9/10; Ordinance 2011-026 adopted 11/14/11)
§ 29 General Yard Requirements.
The following additional requirements apply to yard requirements in all zoning districts.
29.1
Projections of Structural Features.
29.2
Carports.
A porte-cochere, attached carport or canopy may project into a required side yard, provided every part of such porte-cochere, carport or canopy is unenclosed except for necessary structural supports.
29.3
Gasoline Facilities.
Gasoline filling station pumps and pump islands may be located or project into a required yard provided they are not less than fifteen (15) feet distant from any street, highway or alley right-of-way line, and not less than fifty (50) feet distant from any residential property line.
29.4
Double Frontage Lots.
Where lots have double frontage, running through from one street to another, a required front yard shall be provided on both streets unless otherwise established by plat or by ordinance, in which case only one required front yard need be provided.
29.5
Shared Yards Prohibited.
No part of a yard or other open space required about or in connection with any building for the purpose of complying with this ordinance shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
29.6
Corner Lots.
For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated in the appropriate zoning district area regulations.
29.7
Two or More Zoning Districts.
Where the frontage on one side of the street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage from one intersecting street to the other.
29.8
Established Building Line.
Where a building line has been established by plat or previous ordinance, and the line requires a front yard setback greater or lesser in depth than is prescribed by this ordinance for the district in which the building line is located, the required front yard shall comply with the building line established by the previous ordinance or plat.
29.9
Measurement.
The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace, or attached accessory building. Eave and roof extensions may project into the required front yard for a distance not to exceed twenty-four (24) inches.
(Ordinance 2010.013 adopted 6/14/10; Ordinance 2010.014, sec. 2, adopted 8/9/10; Ordinance 2011-026 adopted 11/14/11)
§ 30 Accessory and Residential Accessory Buildings.
30.1
Generally.
No residential accessory building shall be permitted until a dwelling unit exists on the lot.
30.2
Permit Required.
A person commits an offense if a person constructs or permits to be constructed an accessory building without a building permit. Accessory buildings that exceed sixty (60) square feet and/or seven feet in height shall require a building permit.
30.3
Placement.
A.
Front Setback.
A residential accessory building must be located completely behind the rear plane of the main dwelling.
B.
Other Setbacks.
An accessory building may not be closer than five (5) feet to the lot line on any side and no closer than one hundred (100') feet to the front line.
C.
Angles.
The main opening or door of the residential accessory building must face at a ninety (90°) degree or one hundred and eighty (180°) degree angle from the front of the main building; provided however, that barn doors may face forward it [if] the barn is a minimum of two hundred (200') feet off the front lot line.
30.4
Height.
A residential accessory building shall be limited to the height of the main dwelling or twenty-five (25') feet, whichever is less.
30.5
Construction Material.
A.
Residential Accessory.
Except as provided by subsection B, a residential accessory building must be constructed out of brick, stone, face brick veneer, hardiplank, wood, or UV Protected, double-walled, high density polyethylene plastic with simulated finishes of wood or masonry, and with steel reinforced construction and steel trusses.
B.
Greenhouse.
Glass or clear plastic may be used for the construction of a greenhouse.
C.
Metal.
An accessory building may be constructed of commercial grade metal ‘r’ or “u” panels (minimum 26 gauge) if the lot size on which the building is constructed is two (2) acres or greater.
30.6
Number and Size of Accessory Buildings.
The maximum number of accessory buildings and total square footage of all residential accessory buildings permitted on a lot is shown in Table 30.A Number and Size of Accessory Buildings.
30.7
Other Accessory Buildings.
An accessory building other than a residential accessory building requires a specific use permit granted by the City Council. A person commits an offense if the person installs, constructs or maintains an accessory building in a non-residential zoning district without a specific use permit.
Table 30.A Number and Size of Accessory Buildings | ||
|---|---|---|
Lot Size | Number of Accessory Buildings Permitted | Total Square Footage of All Accessory Buildings |
Less than 0.5 Acres | 2 | 3.0% of lot size or 500 feet, whichever is larger, but with a total square footage combined not to exceed 700 feet. |
At least 0.05 Acres, but less than 1.0 Acres | 2 | 3.0% of lot size or 700 feet, whichever is larger, but with a total square footage combined not to exceed 1,100 feet. |
At least 1.0 Acres, but less than 2.0 Acres | 3 | 2.5% of lot size or 1,100 feet, whichever is larger, but with a total square footage combined not to exceed 1,750 feet. |
At least 2.0 Acres, but less than 5.0 Acres | 3 | 2.0% of lot size or 1,750 feet, whichever is larger, but with a total square footage combined not to exceed 3,850 feet, with no single building greater than 2,000 feet. |
At least 5.0 Acres, but less than 10.0 Acres | 4 | 1.75% of lot size or 3,850 feet, whichever is larger, but with a total square footage combined not to exceed 6,650 feet, with no single building greater than 3,000 feet. |
At least 10.0 Acres | 6 | 1.5% of lot size or 6,650 feet, whichever is larger, but with a total square footage combined not to exceed 8,000 feet, with no single building greater than 4,000 feet. |
30.8
Carports.
A.
Prohibition.
Freestanding carports are not permitted.
B.
Exceptions.
A carport is permitted if the following conditions are met:
C.
Calculation of Area.
If a carport is attached to a detached garage or residential accessory building, that area underneath the covering of a carport will be applied to the total square footage allowed in Table 30.A Number and Size of Accessory Buildings.
30.9
Attached Garage and Servants Quarters.
A garage or servants quarters added as an integral part of the dwelling shall be subject to the regulations affecting the dwelling and shall not be considered an accessory building.
30.10
Movable Storage Units.
A.
Permit Required.
A person commits an offense if a person places or allows to be placed a Movable Storage Unit without first obtaining a Movable Storage Unit permit. A Movable Storage Unit permit may be renewed one time for an additional thirty (30) day period.
B.
One Unit.
No more than one (1) Movable Storage Unit shall be allowed on a lot. A Movable Storage Unit shall not remain on a lot longer than thirty (30) consecutive days under a Moveable Storage Unit permit and in no event longer than sixty (60) consecutive days.
C.
Two Per Year.
No more than two (2) Movable Storage Units each year may be used on a lot and there shall be a minimum of six (6) months between the use of each Movable Storage Unit.
D.
Maximum Size.
No Movable Storage Unit shall exceed a height of eight feet (8'), a width of eight feet (8'), and floor area of 128 square feet.
E.
Placement.
Movable Storage Units shall be placed on improved surfaces of concrete, asphalt or brick. Movable Storage Units shall be placed in the side or rear yard and shall not be closer than five (5) feet to any property line.
F.
Miscellaneous.
Movable Storage Units shall be kept free of graffiti.
(Ordinance 2010.013 adopted 6/14/10; Ordinance 2010.014, sec. 2, adopted 8/9/10; Ordinance 2011-026 adopted 11/14/11)
§ 31 Home Occupations.
The purpose of these provisions is to permit the conduct of home occupations which are compatible with the neighborhoods in which they are located.
31.1
Regulations.
Home occupations are a permitted accessory use in all residential districts and are subject to the requirements of the district in which the use is located, in addition to the following:
A.
Employee.
Only the members of the immediate family occupying the dwelling shall be engaged in the home occupations.
B.
Inside Use.
The home occupation shall be conducted only within the enclosed area of the dwelling unit or the garage.
C.
Alterations.
There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation.
D.
Storage.
No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible outside any structure located on the premises.
E.
Pollution.
No use shall create smoke, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.
F.
Traffic.
The home occupation shall not create any greater vehicular traffic than normal for the district.
G.
Signs.
No signs of any kind shall be allowed on premises advertising a home occupation or service.
(Ordinance 2010.013 adopted 6/14/10; Ordinance 2014-002 adopted 1/27/14)
§ 32 Temporary Uses and Special Events. [1]
32.1
Generally.
Certain temporary uses of land are essential to the full development and utilization of the land and are deemed to promote the health, safety, and general welfare of the City. The temporary uses and special events hereinafter enumerated shall not be deemed violations of this ordinance when conducted under the conditions herein provided.
32.2
Permitted Temporary Uses.
The following temporary uses are permitted in the zoning districts specified, if they comply with the conditions required by this section and a permit has been obtained from the City:
A.
Construction Office.
Temporary field or construction offices and temporary building material storage areas to be used solely for on-premises construction purposes in connection with the property on which they are erected, or within the same subdivision may be permitted in all zoning districts, provided they meet the following requirements:
1.
Temporary buildings shall be constructed in accordance with the city’s building code and all other applicable codes, ordinances, or regulations of the City;
2.
No permit shall be issued for a temporary building on a construction site for a period greater than twelve (12) months;
3.
Any temporary building erected under this section must be removed within 30 days after substantial completion or abandonment of the new construction for which it is accessory; and
4.
A temporary use under this subsection shall be located on the property where the construction takes place, except that one temporary field construction office or building material storage area may serve multiple properties, or may be located on an adjacent property where necessary to make a reasonable use of the property where the construction takes place.
B.
Temporary Outdoor Sales.
Temporary outdoor sales may be permitted on properties zoned “RC”, “CG”, and “I” provided they meet the following conditions.
1.
No permit for a temporary outdoor sale shall be issued for a period greater than thirty (30) days (except as provided in subsection 6), and no more than one temporary outdoor sale permit shall be issued for any one property in the course of any calendar year;
2.
All sales shall meet the special conditions, if any, imposed by the Administrative Official for the protection of public interest and the welfare of the community;
3.
No tent or similar structure shall be erected in any required setback or designated easement;
4.
Tents shall conform to the Uniform Fire Code and no tent shall be erected without first obtaining a permit;
5.
No outside use of property for sales will be allowed except by the existing occupants of the property. This includes parking of vehicles for a purpose other than conducting business on the premises; and
6.
Where the temporary outdoor sale is a sale of Christmas trees, the following additional requirements shall apply:
(a)
The permit may be issued for a period of up to forty (40) days ending on. Christmas Day;
(b)
There must be available off-street parking area, either improved or unimproved, as determined by the building official to be adequate to support the proposed use;
(c)
The location and layout of drives, parking areas, lighting, and sale signs shall not constitute a hazard to public travel on the abutting public streets; and
(d)
Trees, stands, equipment, trash, signs, lighting and shelters shall be removed by the permit holder no later than January 4 following the Christmas holiday.
C.
Carnivals and Circuses.
Carnivals and circuses may be allowed in the “RC”, “CG”, and “I” zoning districts provided they comply with the following requirements:
1.
No permit for a carnival or circus shall be issued for a period greater than fourteen (14) days;
2.
Adequate parking and sanitary facilities shall be made available to the satisfaction of the Building Official;
3.
No carnival or circus shall begin operation before 8:00 a.m. and operation shall cease before 11:00 p.m. on all nights except on Saturday when the event shall cease operation at midnight; and
4.
Additional site-appropriate terms and conditions may be established by the Administrative Official for the protection of public health and safety.
D.
Model Homes.
Model Homes may be permitted in the residential zoning districts provided they comply with the following requirements:
1.
Up to four (4) houses may be used as model homes by each individual builder in a subdivision;
2.
The garage of a model home may be used as a sales office, and driveways required for a single-family residence may be omitted during the term that the model home is being used for this purpose;
3.
Off-street parking must be provided on or adjacent to the site of a model home. Off-street parking may be located on adjacent platted lots as a principal but temporary use for the term that the model home is being used for this purpose;
4.
All off-street parking shall be on an all weather surface that is approved by the City’s engineer;
5.
Use of a structure as a model home shall cease at the time eighty (80) percent of the lots owned by the individual builder/developer have been issued a building permit for a residential dwelling;
6.
At the time use as a model home ceases, all driveways, sidewalks, curbs, garages, and off-street parking shall be constructed and provided for the model home;
7.
At the time the model home is converted to a residential use, all adjacent lots used for parking lots shall be returned to the natural condition as existed prior to the use of the adjacent lot for a model home; and
8.
The City may require a bond or escrow for the removal of parking lots and/or the reconstruction required for any reclamation efforts caused by the temporary parking lot.
(Ordinance 2010.013 adopted 6/14/10; Ordinance 2014-002 adopted 1/27/14)
§ 33 Off-Street Parking and Loading Requirements. [1]
Whenever any ordinance, regulation, or plan, enacted or adopted by the City Council is for the purpose of providing off-street automobile parking spaces or of establishing requirements that such spaces be provided within any section or sections of the city, then such plan or requirements shall govern within such sections. Otherwise, off-street automobile parking spaces shall be provided as follows, for buildings hereafter erected and uses hereafter established, to such nonconforming uses as may be required to conform to the regulations hereof, and to extensions and enlargements of buildings and uses.
33.1
Parking Generally.
A.
Off-Street Requirements.
Except as otherwise provided in this section, off-street parking spaces shall be provided in accordance with Table 33.A.
TABLE 33.A Schedule of Off-Street Parking Requirements | ||
|---|---|---|
Land Use | Requirements | Additional Requirements |
Residential | ||
Single-Family Detached Units | 2/ unit | See Sec. 27.2.I |
Duplex | 2 / unit | None |
Townhouse, Condominium, Duplex, Triplex, Quadruplex or Row | 3 / unit | None |
Multi-Family | 1.5 / 1 bed unit 2 / 2 bed unit 2.5 / 3 bed unit | None |
HUD Code Manufactured Home | 2 / unit | None |
Boarding or Rooming House, Hotel or Motel/Residence Motel or Inn | 1 / residential unit | 1 additional space for 200 sq. ft. of Exhibit or Ballroom space, plus 1 space per 100 sq. ft. of Meeting Rooms, plus 1 space per 2.5 seats in Restaurant and Lounge |
Retirement Housing: Ambulatory Independent Residents | 1.5 / unit | None |
Retirement Housing: Nursing Home Facilities | 1 / 2 beds | None |
Dormitory | 1.5 / 2 occupants for designed occupancy | None |
Fraternity, Sorority, or Lodge | 1 / 125 sq. ft. | none |
Institutional | ||
Community Center | 1 / 4 persons | None |
Schools: Elementary Junior High Senior High Trade | 1 / 25 students 1 / 18 students 1 / 5 students 1 /4 students | None |
Public Assembly Hall | 1 / 3 seats | None |
College or University | 1 / 4 day students | None |
Church | 1 / 3 seats in the sanctuary or auditorium | None |
Day Care or Day Nursery | 1 / 5 pupils | None |
Hospital | 1.5 / bed | None |
Mortuary or Funeral Home | 1 / 4 seats in chapel | None |
Recreational | ||
Theater | 1 / 4 seats | None |
Bowling Alley | 4 / lane | None |
Pool Hall, Arcade, Other Indoor Commercial Amusement | 1 / 100 sq. ft. of floor area | None |
Outdoor Commercial Amusement | 1 / 500 sq. ft. of site area exclusive of building | None |
Ballpark or Stadium | 1 / 4 seats | None |
Lodge or Fraternal Organization | 1 / 125 sq. ft. of floor area | None |
Driving Range | 1 / 10 linear ft. of designated tee area | None |
Miniature Golf | 1 / tee | None |
Personal Service Shop | 1 / 250 sq. ft. of floor area up to 5000 sq. ft., then 1 / 200 sq. ft. | None |
Indoor Retail Store or Shop | 1 / 250 sq. ft. of floor area up to 5000 sq. ft., then 1 / 200 sq. ft. | None |
Outdoor Retail Sales | 1 / 500 sq. ft. of site area, exclusive of building | None |
Furniture, Appliance Sales or Repair | 1 / 600 sq. ft. of floor area | None |
Coin-Operated or Self-Service Laundry or Dry Cleaner | 1 / 200 sq. ft. of floor area | None |
Shopping Center, Malls | 1 / 250 sq. ft. of floor area | None |
Shopping Centers, Mall and Multi-occupancy use (over 50 acres) | 1 / 300 sq. ft. of floor area | None |
Eating or Drinking Establishment | ||
(no drive-through service) | 1 / 2.5 seats | None |
Eating or Drinking Establishment (with drive-through service and all others) | 1 / 150 sq. ft. | None |
Business Services | ||
Bank and Savings & Loan or Other Similar Institution | 1 / 300 sq. ft. of floor area | None |
Medical, Dental Clinic or Office | 1 / 150 sq. ft. of floor area | None |
Veterinary Clinic | 1 / 300 sq. ft. of floor area | None |
Other Office or Professional Business | 1 / 250 sq. ft. of floor area | None |
Automotive & Equipment | ||
Service Station | Minimum of 6 | None |
Auto Repair Garage or Shop | 1 / 350 sq. ft. of floor area | None |
Auto Repair Accessory Sales | 1 / 300 sq. ft. of floor area | None |
Vehicle or Machinery Sales (indoors) | 1 / 500 sq. ft. of floor area | None |
Car Wash (full -serve) | 3 stacking spaces/ | |
wash bay | None | |
Car Wash (self-serve or automatic) | 3 stacking spaces/ wash bay | None |
Brick or Lumber Yard | 1 / 3 employees or 1 / 1,000 sq. ft. of floor area(whichever results in more spaces) | |
Manufacturing or Warehousing | 1 / 3 employees or 1 / 1,000 sq. ft. of floor area(whichever results in more spaces) | |
Outside Storage | 1 / 5,000 sq. ft. of floor area | None |
Mini-warehouse | 1 / 3,000 sq. ft. of floor area | None |
B.
Mixed Use Buildings.
Where a building or a site contains two (2) or more uses, the off-street parking requirement shall be computed as the sum of the required off-street parking spaces for each individual use; provided however, this shall not apply to where the parking requirements to shopping centers and multi-use purposes,
 |
C.
Disabled Parking Spaces.
The number, layout, and design of all handicapped accessible parking spaces shall comply with the current requirements of the Americans with Disabilities Act (ADA) and the Texas Accessibility Standards (TAS).
33.2
Off-Street Loading Requirements.
A.
Generally.
Buildings used for retail, office and service uses shall provide and maintain off-street facilities for the loading and unloading of merchandise and goods within the building or on the lot adjacent to a public alley or private service drive to facilitate the movement of traffic on the public streets as follows:
B.
Specifications.
1.
Individual loading space dimensions shall be a minimum of thirty-five (35) feet in length, twelve (12) feet width with a height clearance of fifteen (15) feet.
2.
The number of required off-street loading spaces shall comply with Table 33.B:
Table 33.B | |
|---|---|
Square Feet of Gross Floor Area in Structure | Maximum Required Spaces or Berths |
0 to 10,000 | None |
10,000 to 50,000 | 1 |
50,000 to 100,000 | 2 |
100,000 to 200,000 | 3 |
Each additional 200,000 | 1 Additional |
33.3
Drive Lane Widths and Parking Space Sizes.
Drive lanes and parking space sizes shall be required as shown in Table 33.C. A driveway for access to any parking space for a non-residential use or parking lot shall not measure less than the size shown in Graphic 33. All drive approach widths shall be not less than those in Graphic 33. All two way drive lanes shall be a minimum of twenty-four (24) feet in width. Parking spaces shall be nine (9) feet wide by eighteen (18) feet deep for all ninety (90) degree parking spaces. Angled spaces shall be as shown in Graphic 33.
33.4
On-Premises Parking Required.
All required parking spaces for commercial and industrial uses shall be located on the premises to which such requirement applies or within an off-street space of which the distance is not more than three hundred feet (300') from such premises.
33.5
Non-Residential Parking Development Standards.
The off-street parking or loading facilities required for nonresidential uses mentioned in these regulations shall be of concrete construction meeting city standards and graded to drain appropriately, as approved by the City Engineer.
33.6
Reduction.
A reduction in the amount of required parking spaces may be permitted in cases where the applicant can provide documentation that the required number of parking spaces exceeds the amount necessary for the use, and by providing an appropriate alternative on the number of parking spaces. A request for a reduction in the amount of required parking spaces shall require a special exception from the Zoning Board of Adjustment. In no event shall the number of required parking spaces be reduced by more than fifteen percent (15%) of the total required spaces.
33.7
Maintenance Requirements.
To insure that all requirements set forth in this section are carried forward, it will be the responsibility of the owner of the parking area to maintain the facility. All off-street parking areas shall be kept free of trash, debris, vehicle repair operation or display and advertising uses. At no time after initial approval of the parking area layout can changes be made in the location and number of provided spaces without approval of the Administrative Official.
GRAPHIC 33  |
TABLE 33.C | |||||||
|---|---|---|---|---|---|---|---|
Parking Angle | Stall Width | Stall Depth | Min. Aisle Width | Aisle Length Per Stall | Module Width | ||
One-Way | Two-Way | One-Way | Two-Way | ||||
(A) | (B) | (C) | (D1) | (D2) | (E) | (F1) | (F2) |
Parallel | 8.0 | 8.0 | 12.0 | 18.0 | 22.0 | 28.0 | 34.0 |
45 | 9.0 | 19.1 | 12.0 | 24.0 | 12.7 | 50.2 | 62.2 |
60 | 9.0 | 20.1 | 18.0 | 24.0 | 10.4 | 58.2 | 64.2 |
90 | 9.0 | 18.0 | 24.0 | 24.0 | 9.0 | 60.0 | 60.0 |
33.8
Residential Off-Street Parking.
A.
Generally.
It is recognized that uncontrolled residential off-street parking, specifically in residential front yards, is a public nuisance. The purpose of this section is to provide for the regulation of residential off-street parking and to specify the requirements for residential off-street parking as they pertain to the appearance and the health, safety, and welfare of the city.
B.
Offense.
A person commits an offense if the person parks or allows to be parked on any property under his control, any automobile, bus, truck, motorcycle, boat or recreational vehicle, trailer of any type, on any portion of a front or side yard driveway of any lot or parcel located in a residentially zoned district or in any Commercial or Industrial zoned district being used for residential purposes, unless:
C.
Driveway.
A driveway for access to any single parking space or to a parking lot shall not be less than twenty (20) feet in width, or, more than thirty (30) feet in width, as measured at the property line along the street and no less than 10' wide continuing on the property.
D.
Rear Yard Parking.
Except abandoned and junked vehicles as defined in Chapter 8, Article 8.05 of the City of Ovilla Code of Ordinances, it is an affirmative defense if a person parks or allows to be parked an automobile, pickup, truck, motorcycle, boat, recreational vehicle, camper or trailer of any type behind the rear plane of the main structure; however, not included in this affirmative defense are truck tractors, semi-trailers, pole trailers, school and commercial buses, save and except for properties of 2 acres or more.
33.9
Residential Parking Development Standards.
The following regulations shall apply to all residential zoning districts and to any required front or side yard driveway being used to park or store vehicles, including boats and trailers or in any Commercial or Industrial zoned district being used for residential purposes:
A.
Relationship to Curb.
All vehicles shall be so parked in relation to the street and dwelling at right angles and not to extend over any walkway or be closer than eight (8) inches from the back of the curb so they will not obstruct the pedestrian ways.
B.
Violation.
Any vehicle found by the Administrative Official or City Code Enforcement Officer to be in violation of and [any] provision of this Section must be made operable or moved to an enclosed building within ten (10) days from the notification of such condition existing.
C.
Subject Vehicles.
A person commits an offense if the person parks or stores a recreational vehicle, camper, boat, or other trailer in any front or side yard driveway exceeding 48 hours.
(Ordinance 2010.013 adopted 6/14/10; Ordinance 2014-002 adopted 1/27/14)
§ 34 Outdoor Lighting Requirements.
34.1
Applicability.
All outdoor electrically powered illuminating devices shall be installed in conformance with the provisions of this section, the Building Code and the Electrical Code of the City as applicable and under appropriate permit and inspection. These lighting standards shall apply to all non-residential uses in the City. Unless otherwise stated, this ordinance does not regulate lighting in public road rights-of way.
34.2
Outdoor Lighting Plan.
An Outdoor Lighting Plan must be submitted separately from any required site plan or landscape plan on all public or private properties, including rights-of-ways, public easements, franchises and utility easements for approval by the Building Official. An Outdoor Lighting Plan shall be submitted and approved prior to issuing a building permit. The plan shall include the following:
34.3
General Lighting Requirements.
A.
IESNA Standards.
Unless otherwise provided herein, illumination, where required by this Ordinance, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA), as from time to time amended.
B.
Shields required.
Unless otherwise provided herein, all building lighting for security or aesthetics will be fully-shielded type, not allowing any upward distribution of light. Wallpack type fixtures are acceptable only if they are fully-shielded with 80° cut-off.
GRAPHIC 34.A  |
C.
Nuisance.
No use or operation in any district shall be located or conducted so as to produce glare, or either direct or indirect illumination across the bounding property line from a source of illumination into a residentially zoned property, nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. For the purposes of this section, a nuisance shall be defined as more that one-tenths (0.25) of one footcandle of light measured at the residential property line and twenty-five hundredths (2.25) of one footcandle at any adjoining non-residential property line.
D.
Prohibited Lights.
Mercury Vapor lights are prohibited.
E.
Type of Shields.
Shielding shall be required in all outdoor lighting installations as specified in Table 34.A below.
Table 34.A | |
|---|---|
Lamp Type | Shielding |
Low Pressure Sodium (LPS) | Fully Shielded, with 80° cut-off |
High Pressure Sodium (HPS) | Fully Shielded, with 80° cut-off |
Metal Halide | Fully Shielded, with 80° cut-off |
Halogen | Fully Shielded, with 80° cut-off |
Mercury Vapor | Prohibited |
Fluorescent | Fully Shielded, with 80° cut-off |
Incandescent | Fully Shielded, with 80° cut-off |
Any light source 50 watts and under | Unshielded Permitted |
Low intensity Neon, Krypton or Argon Discharge Tubes | Unshielded Permitted |
34.4
Illumination.
A.
Measurement.
Illumination levels of outdoor lighting shall be measured by a qualified professional according to generally accepted IESNA methods.
B.
Computation of Illumination.
Illumination at a point may be computed in lieu of measurement. Computation methods shall consist of a generally accepted IESNA method, using certified photometric data furnished by the fixture manufacturer, lamp manufacturer, photometric laboratory, or other reliable authority satisfactory to the city. Computations shall be based on new, properly seasoned lamps, diffusers and other appurtenances in place, and with proper regard taken for mounting height, relative elevation, natural and manmade objects.
C.
Limitations on neighboring property.
The limit of illumination on neighboring property from one (1) establishment shall be by zoning of the neighboring property. Maximum computed or measured foot-candles at the neighboring property line shall not exceed the amounts listed in Table 34.B.
Table 34.B | |
|---|---|
Foot-candles | |
Land Use Type | Horizontal |
Single-family and two-family residential districts. | 0.25 |
Non-residential districts | 2.25 |
34.5
Non-Residential Lighting Parameters.
A.
Limits.
All non-essential lighting shall be turned off after business hours, leaving only necessary lighting for non-residential districts site security.
B.
Shielding.
Floodlights, accent, aesthetic and security lights must be fully shielded and no uplighting shall be permitted except that lighting of 75 watts or less are excepted if necessary for security purposes.
GRAPHIC 34.B  |
C.
Parking Lots.
Parking lots and vehicle movement areas shall not exceed a maximum illumination value of 10 foot-candles nor a minimum illumination value of 1.0 foot-candles. Lamps in decorative lantern type fixtures shall not exceed a maximum of 100 watts. Total pole and fixture height shall not exceed a maximum of 32 feet, measured from grade at the base. Taller poles may be considered in some situations upon approval of a Special Exception by the Zoning Board of Adjustments.
D.
Display, Building and Aesthetic Lighting.
Display, building and aesthetic lighting must be externally lit from the top and shine downward. The lighting must be fully-shielded to prevent direct glare and/or light trespass. The lighting must also be substantially contained to the target area.
E.
Limitations on establishment property.
The maximum outdoor initial computed or measured illuminance level on the establishment property shall not exceed twenty (20) foot-candles outdoors at any point, except that lighting under canopies (such as service stations) shall not exceed forty (40) foot-candles.
34.6
Public and Semi-Public Recreational Facilities.
A.
Requirements Generally.
Any light source permitted by this section may be used for lighting of outdoor recreational facilities (public or private), such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, or show areas, provided all of the conditions set forth in this Section 34.6 are met.
B.
Maximum Foot-Candles.
Any illumination level exceeding a maximum of twenty (20) foot-candles must receive prior approval by the Zoning Board of Adjustment.
C.
Shielding.
All fixtures used for event lighting shall be fully shielded, or be designed or provided with sharp cut-off capability, so as to minimize up-light, spill-light, and glare.
D.
Offense.
All events shall be scheduled so as to complete all activity before or as near to 10:30 p.m. as practical, but under no circumstances shall any illumination of the playing field, court, or track be permitted after 11:00 p.m. except to conclude a scheduled event that was in progress before 11:00 p.m. and circumstances prevented concluding before 11:00 p.m. A person commits an offense if the person illuminates a playing field, court or track after 11:00 p.m. It is an affirmative defense to prosecution that the event for which the illumination was required was in progress before 11:00 p.m. and reasonable circumstances prevented concluding before 11:00 p.m.
34.7
Prohibited Lighting Elements.
Unless otherwise authorized, the following shall be prohibited except upon prior approval of a Special Exception by the Zoning Board of Adjustment.
A.
Laser Source Light.
The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal is prohibited.
34.8
Exemptions.
The following types of lighting are exempt from the provisions of this ordinance:
A.
Temporary Emergency Lighting.
All temporary emergency lighting needed by the Police or Fire Departments or other emergency services, as well as all vehicular luminaries.
B.
Federal Hazard Warning.
All hazard warning luminaries required by Federal regulatory agencies are exempt from the requirements of this section, except that all luminaries used must be red and must be shown to be as close as possible to the Federally required minimum lumen output requirement for the specific task.
34.9
Temporary Exemptions.
A.
Authorization.
The Administrative Official may grant a temporary exemptions from the requirements of this ordinance for a period not to exceed 30 days based on the effect of location and use of outdoor lighting fixture.
B.
Request.
A person may submit a written request on a form prepared by the City for a temporary exemption request. The request shall contain the following information:
1.
Specific exemption (s) requested;
2.
Type/use of outdoor lighting fixture involved;
3.
Duration of time requested;
4.
Type of lamp and calculated foot-candles;
5.
Total wattage of lamp(s);
6.
Proposed location of fixtures;
7.
Previous temporary exemption requests;
8.
Physical side of fixtures and type of shielding provided; and
9.
Such other data or information as may be required by the Administrative Official.
C.
Renewal.
A request for renewal of exemptions shall be processed in the same way as the original request. Each renewal shall be valid for not more than fourteen (14) days or a time period designated by the Administrative Official.
34.10
Non-Conforming Lighting.
All luminaries lawfully in place prior to May 2005 shall be considered as having legal non-conforming status. However, any luminary that replaces a legal non-conforming luminary, or any legal non-conforming luminary that is moved, must meet the standards of this Ordinance.
(Ordinance 2010.013 adopted 6/14/10; Ordinance 2010.015 adopted 8/9/10; Ordinance 2018-01, sec. 1(c), adopted 1/8/18)
§ 35 Screening Walls and Fence Regulations.
35.1
Screening Requirements.
A.
Generally.
The intent of this section is to provide for visual screening between land uses of different character and to establish requirements for the installation and maintenance of screening devices to enhance the community’s aesthetic qualities.
B.
Construction Plans.
Construction and location details of the required screening devices shall be shown as part of the engineering site plan for all multifamily and nonresidential uses and as part of the final plat construction plans for all single-family residential uses.
C.
Compatibility Required.
The screening wall shall be compatible in color and finish with the principal building(s) and or existing screening walls.
D.
Timing.
The required screening wall shall be constructed prior to any building permits being issued for a single-family residential subdivision containing more than two (2) lots, and before issuance of a certificate of occupancy for the first building in a non-single-family residential subdivision.
E.
Single Family Residential Screening Requirement.
All single-family detached and attached residential subdivisions adjacent to thoroughfares and collectors, as identified on the Thoroughfare Plan, shall be screened from the street. This includes all lots backing or siding on a thoroughfare. A screening wall is also required where an alley is parallel to and adjacent to a public street.
1.
Where single-family lots side on a major thoroughfare, a combination of masonry and wrought iron design may be used if the non-masonry material does not exceed 40 percent of the surface of the screening wall.
2.
If using a combination of wrought iron and masonry, an evergreen shrub, achieving a six-foot height within one year of planting, shall be planted on the interior side of the wrought iron portion of the wall.
F.
Screening Wall Articulation.
Screening walls adjacent to thoroughfares or collector streets shall be constructed to the following standards:
1.
Off-sets shall be provided every 100 feet or less;
2.
Off-sets shall be designed to be located at lot line intersections;
3.
Off-sets shall be a minimum of three (3) feet in depth and 8 feet in length;
4.
Live plant materials shall be incorporated in the design of the off-sets;
5.
Off-set sections of the screening wall may be constructed of alternate non-masonry materials such as ornamental iron; and
6.
As common area private easement and landscape easement of five (5) feet shall be dedicated for the perimeter improvements.
GRAPHIC 35.A  |
G.
Screening Wall Between Single Family and Multifamily Zoning Districts.
There shall be constructed a structural screening wall of not less than six (6) feet in height along any portion of a lot in a multifamily residential zoning district which adjoins any single-family detached and attached zoning district, mobile home park or mobile home subdivision.
1.
The construction of the screening wall is the responsibility of the multifamily property owner. However, if a single-family residential subdivision is being constructed adjacent to an existing multifamily use, with no screening wall in place, the single-family residential developer/owner must construct the wall.
2.
A combination of masonry and wrought iron design may be considered if the non-masonry material does not exceed 40 percent of the surface of the screening wall. If using a combination of wrought iron and masonry, an evergreen shrub, achieving a six-foot height within one year of planting shall be planted on the interior side of the wrought iron portion of the wall.
H.
Screening Wall Between Non-Residential and Residential Uses.
There shall be constructed a screening wall of not less than six feet along any portion of an office use and a screening wall of not less than eight feet along any portion of a commercial, retail, industrial or warehouse use, which adjoins any portion of a single-family detached or attached residential, multifamily residential, mobile home park or mobile home subdivision zoning district.
1.
The construction of the screening wall is the responsibility of the non-residential property owner. However, if a single-family residential subdivision or a multifamily residential use is being constructed adjacent to an existing non-residential use with no screening wall in place, the residential developer/owner must construct the wall.
2.
Screening requirement for institutional uses (schools and churches, etc.) in commercial zoning districts will be considered on a case-by-case basis.
I.
Screening Wall Requirement for Manufactured Housing Parks and Subdivisions.
All manufactured housing parks and subdivisions shall be screened by a screening wall of not less than six feet (6') in height on all sides.
The construction of the screening wall is the responsibility of the mobile home park or subdivision property owner. If a single-family residential subdivision is being constructed adjacent to an existing manufactured housing park or subdivision with no screening wall in place, the construction responsibility will shift to the single-family residential developer/owner.
J.
Screening Requirement for Wrecker Service Storage Yards and Wrecked Vehicles.
All wrecker service storage yards shall be screened by a screening wall of not less than eight feet in height on all sides.
1.
Screening walls shall also be provided anywhere wrecked vehicles are kept, such as auto body shops and repair garages. This provision does not apply if wrecked vehicles are kept within a completely enclosed building.
2.
Any portion of the storage yard adjacent to or fronting a street shall be screened with an eight-foot decorative fence.
3.
Other portions of the storage yard not adjacent to or fronting on a street, may be fenced with an eight-foot solid, opaque fence.
K.
Screening Requirement for Outside Storage.
In all zoning districts where outside storage of equipment, material, goods and supplies is allowed, all outside storage shall be screened from the view of any adjacent public street by a screening wall not less than eight feet in height.
1.
Any portion of the storage yard adjacent to or fronting a street shall be screened with an eight-foot decorative fence.
2.
Materials and supplies may not be stacked higher than the height of the fence.
3.
Other portions of the storage yard not adjacent to or fronting a street may be fenced with a solid, opaque fence.
4.
This provision does not apply to display of goods for sale incidental to a retail use, plant nursery, sales and rental of motor vehicles, mobile homes, boats or trailers.
35.2
Fencing Requirements.
A.
Corner Lots.
On a corner lot in any district, a person commits an offense if the person erects, places, plants, or allows vegetation or fence or structure to grow in such a manner as to materially impede vision between a height of two and one-half (2.5) and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 25 feet from the point of the intersection.
GRAPHIC 35.B  |
B.
Interior Lots.
On an interior lot in any district, a person commits an offense if the person erects, places, plants or allows vegetation to grow in such a manner or erects or maintains a fence or other structure as to materially impede the vision or in any way create a traffic hazard to motorists entering or exiting any public highway, street, alley or private street or driveway from or to adjacent private property.
C.
Easements.
No screening element or fence comprised of brick, masonry, concrete or solid metal shall be erected or placed which would interfere with the installation or maintenance of any public utility line, service or drainageway, within the easements reserved therefor.
D.
Screening of waste containers/dumpsters.
Waste containers/dumpsters shall be located on the side or rear of the building and screened from public view or any public street.
Waste containers/dumpsters shall be located outside of the required building setback areas and when adjacent to residentially zoned property, must be located at least fifty (50) feet away from residential property lines.
Waste containers shall be screened on three (3) sides, using an enclosure that is seven (7) feet tall or of a height that is a minimum of one (1) foot above the top of the dumpster, whichever is taller. Screening shall be comprised of:
Brick, stone, decorative concrete block, reinforced concrete, or other similar masonry materials that have a similar finish to the primary building facade finish; or |
Redwood, cedar, preservative pressure treated wood, or other similar materials; |
Fence posts shall be rust-protected metal, masonry or concrete; and six-inch concrete filled steel pipes, painted in a neutral color, shall be located to protect the enclosure from truck operations; |
Gates are not required to be installed. |
 |
E.
Electric Fences.
Electric fences are expressly prohibited in all districts except those where agricultural and related principal activities are permitted, provided such fences shall be plainly marked as “electric fencing” every seventy-five (75) feet of fence.
F.
Barbed Wire Fences.
Barbed wire fences used in conjunction with permitted agricultural uses and activities in the agricultural zoning district are permitted, provided the building official deems there is no safety hazard related issues associated with said fence. Barbed wire fencing is expressly prohibited in all other zoning districts.
G.
Razor Wire.
Razor wire fencing, or other similar material, is strictly prohibited in residential zoning districts. When used in other districts, razor wire fencing must be a minimum of eight feet in height.
35.3
Fences in Residential Districts.
A.
Maximum Height.
Screening elements and fences shall be restricted to a maximum height of eight feet (8'), measured from the adjacent grade line, except as otherwise permitted in this section. Fences may be permitted to be constructed to a height exceeding eight feet (8') by special exception as approved by the Zoning Board of Adjustment.
B.
Trash Storage Areas.
Garbage, refuse and trash collection and storage areas in any multifamily development, mobile home development or other nonresidential use permitted in a residential district shall be fully enclosed on three sides by a dense screening element to adequately screen such area from view of the surrounding area.
C.
Setbacks.
No screening element or fence shall be erected, placed or planted beyond the front or side building line of any permitted building in a residential district, either on a corner lot or interior lot.
D.
Support and Rails.
1.
Fences may be constructed to the property line upon approval of a special exception by the Zoning Board of Adjustment. Fencing located on or behind the building line shall not exceed eight feet (8') in height.
2.
Panel fences shall be constructed such that the support rails are located on the inside of the lot and the panel is located on the outside of the lot, so as to present a “smooth side out” appearance to the fence.
(Ordinance 2010.013 adopted 6/14/10; Ordinance 2010.015 adopted 8/9/10; Ordinance 2018-01, sec. 1(c), adopted 1/8/18)
§ 36 Landscape Regulations.
36.1
Purpose.
A.
Intent.
It is the purpose of this section to establish certain regulations pertaining to landscaping within the City. These regulations provide standards and criteria for new landscaping and the retention of existing trees which are intended to achieve the following goals:
1.
promote the value of property, enhance the welfare, and improve the physical appearance of the City;
2.
to reduce the negative effects of glare, noise, erosion and sedimentation caused by expanses of impervious and un-vegetated surfaces within the urban environment; and
3.
to preserve and improve the natural and urban environment by recognizing that the use of landscaping elements and retention of existing trees can contribute to the processes of air purification, oxygen regeneration, groundwater recharge, abatement of noise, glare and heat, provision of habitats for wildlife, and enhance the overall beauty of the City.
B.
Applicability.
These regulations in this Section apply to development within the following districts:
36.2
Events Causing Compliance.
Land uses not previously subject to landscaping requirements may be required to comply with this section upon the occurrence of one of the following events:
36.3
Landscaping Generally.
A.
Landscape installation required.
1.
Twenty (20) percent of the total lot shall be required to be landscaped. Landscaping which includes the planting of new and the retention of existing shrubs, trees, and flowering plants, in addition to grass, may reduce the landscape requirement to ten (10) percent of the total lot area. Landscaping which consists of grass only will require twenty (20) percent of the total area to be landscaped.
 |
2.
Twenty (20) percent of the total land area in any lot upon which development or construction occurs for any use after the effective date of this ordinance shall be landscaped.
B.
Multiple Developments.
Where the construction is to be a single phase of a multi-phase development, only the area being constructed in the current phase need be subject to the landscape regulations. However, each phase will be required to meet the landscaping requirements as it is developed.
36.4
Landscaping Plan Required.
A.
Preparation.
The landscape plan may be prepared by the applicant, or his/her designated representative. The landscape plan is not required to be prepared by a registered or certified professional.
B.
Timing.
A landscape plan meeting the requirements of this ordinance shall be provided and approved prior to the issuance of a building permit. The landscape plan may be submitted as a part of the site plan or as a separate submittal.
C.
Requirements.
The landscape plan shall contain the following information:
1.
Drawn to scale; Minimum scale of one inch equal fifty feet (50');
2.
Location of all trees to be preserved, method of preservation during the construction phase of development shall be approved by the director of parks and recreation;
3.
Location of all plants and landscaping material to be used including paving, benches, screens, fountains, statues, or other landscape features;
4.
Species of all plant material to be used;
5.
Size of all plant material to be used;
6.
Spacing of plant material where appropriate;
7.
Layout and description of irrigation, sprinkler or water system, including placement of water sources;
8.
Description of maintenance provisions of the landscape plan; and
9.
Persons responsible for the preparation of the landscape plan.
36.5
Location Requirements.
A.
Minimum.
Not less than forty (40) percent of the total landscaping shall be located in the designated front yard.
B.
I District.
In the I Industrial district, only the front yard forty (40) percent of the total twenty (20) percent shall be required to be landscaped. The rear and side yard landscape requirements may be waived upon submittal of a landscape plan showing other requirements are met.
C.
Visibility.
All landscape material shall comply with visibility requirements of the Ovilla Subdivision Ordinance.
36.6
Landscaping Requirements and Credits.
A.
Credits.
Grass is an acceptable landscape material; weeds are not. However, a variety of live plant material is recommended. Credits toward the landscaping requirements of Section 36.3. may be granted in accordance with Table 36.A:
 |
B.
Credits.
Additional Enhancement Credits may be obtained by providing the following optional landscaping elements.
TABLE 36.A Landscape Area Credit | |
|---|---|
Landscape Element | Amount of Area Credit |
For each 3 inch tree other than required by the Subdivision Ordinance | 200 sq. ft. |
For each tree over 3 inches over the minimum | 50 sq. ft. per inch over |
For each existing 6 inch tree protected and kept | 800 sq. ft. |
For each one-gallon shrub | 10 sq. ft. |
For each five-gallon shrub | 25 sq. ft. |
For each sq. ft. of flowering beds | 2.5 sq. ft. |
For each sq. ft. of xeriscape area | 5 sq. ft. |
For each sq. ft. of landscaped R.O.W. | O.5 sq.ft. |
C.
Maximum Credit.
In no instance shall the total amount of landscaping on a lot be reduced through credits by more than 50 percent of the landscaped area required.
D.
Xeriscapes.
Xeriscaped area and methodology shall be clearly located and detailed on the site plan. In addition, the xeriscape methodology shall be detailed on the site plan.
E.
Credits for Flowering Beds.
A flowering bed is any area where the soil has been specifically prepared for the planting of flowering plants. In addition in order to be considered for credit calculations, at least 80 percent of the prepared area must be covered with flowering plant material at the time of peak growth.
F.
Tree Caliper.
Caliper of trees are to be measured at a point 12 inches above top of ground.
G.
Tree Protection.
To receive credit for protecting and keeping existing trees, the area within the dripline of the tree must be protected by fencing during grading and construction.
36.7
Installation and Maintenance.
A.
Irrigation.
All required landscaped area shall be permanently landscaped with living plant material other than weeds, and shall have either an irrigation system installed or shall be accessible to a bibcock, faucet, or other water source on the same lot or tract parcel. Synthetic or artificial lawn or plant material shall not satisfy the requirements.
B.
Generally.
Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping.
C.
Maintenance.
All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Maintenance shall include mowing, watering, trimming, pruning, etc.
D.
Requirement to Replace.
The owner shall replace or cause to be replaced plant materials which die shall be replaced with plant material of similar variety and size within 90 days provided the Administrative Official may grant a one time extension not exceeding 90 days being provided upon approval of the director of community development or his designee.
36.8
Landscaping of Parking Lots.
It is the intent of these landscape regulations to encourage design and construction of parking areas so that in a manner whereby areas within the parking lot are landscaped as well as areas considered unusable for parking or maneuvering space are landscaped. All developers shall comply with the following minimum requirements:
GRAPHIC 36.A  |
A.
Minimum.
A minimum of ten (10) percent of the gross parking area shall be devoted to living plant material. Gross parking area shall be measured from the edge of the parking and/or driveway paving and sidewalks.
B.
Interior Areas.
Interior areas of parking lots shall contain landscaped areas within parking lots which shall be located so as to best relieve the expanse of paving.
C.
Islands.
The placement of additional landscaped islands throughout the parking area in a manner which best relieve large expanses of paved area is encouraged.
D.
Curb.
Landscape material which is located within the interior of a parking lot shall be surrounded by a curb of four inches in height.
E.
Visibility.
Landscaping within a parking lot shall not create a visibility obstruction. A visibility obstruction within a parking lot is defined as landscaping between twenty-four inches (24") in height and seven feet in height. No shrub shall exceed twenty-four inches (24") in height. Tree canopies shall be at least seven feet (7') in height.
F.
Existing Trees.
For large existing trees, which are being retained and incorporated into the landscaping plan for the development, an appropriate aeration system or an alternative method of protecting the tree must be provided and detailed in the landscape plan.
G.
Credits.
For each landscaped island of at least ten feet (10') by twenty feet (20') located within a parking lot, credit for four (4) parking spaces will be provided. Credit for parking spaces cannot reduce the overall parking requirement by more than twenty (20) percent or to less than ten (10) total spaces.
36.9
Landscaping As Related to Certificate of Occupancy.
All landscaping shall be completed and installed in accordance with the approved landscape plan within 90 days of issuance of a certificate of occupancy. The Administrative Official may grant a one (1) time extension not to exceed 90 days may be granted upon approval of the Administrative Official.
36.10
Nonconforming Landscaping Conditions.
Developments, structures, and uses that are in existence on February 26, 2007 and which do not meet the landscape requirements provided herein, will be considered as being legal nonconforming uses, as will other platted lots to the extent required by law. These nonconforming uses/structures will be subject to Section 39, Nonconforming Uses, Lots and Structures, unless otherwise provided for in this section.
36.11
Relief From Landscaping Requirements.
A.
Generally.
Upon completion of the following, the Administrative Official may grant approval of an alternative landscaping plan in situations where the individual circumstances, such as the presence of existing facilities or unusual topography, limit the applicant’s ability to comply with the landscaping requirements of this ordinance:
B.
Procedures.
1.
The applicant shall provide the Administrative Official with an alternative landscape plan for review and approval.
2.
The landscape plan will illustrate a plan to landscape area as available, provide for irrigation, and provide a phasing schedule for completing the plan.
3.
The installation of landscaping as indicated by the landscape plan is completed and approved by the Administrative Official.
36.12
Landscaping in The Mf District.
The following minimum requirements apply to development located within the MF district.
1.
A landscape buffer of twenty feet (20') will be required along any property line abutting a residential zoning district.
2.
Not less than twenty (20) percent of the gross site area shall be devoted to open space, including required yards and buffer areas. Open space shall not include areas covered by structures, parking areas, driveways, and internal streets.
3.
Landscaping consisting of the planting of new or retention of existing shrubs, trees, and flowering plants shall be placed in the yard facing any public roadway.
4.
The method of irrigation must be indicated on site plan.
36.13
Maintenance of Landscaping.
The owner of property shall cause all landscaping required by this section to be maintained in a living, healthy condition, and free of weeds and litter.
36.14
Natural Resources Management.
A.
Purpose and Intent.
The purpose of this ordinance is to promote site planning which furthers the preservation of mature trees and natural areas, to protect trees during construction; to facilitate site design and construction which contribute to the long term viability of existing trees; and to control the removal of trees when necessary. It is the further purpose of this ordinance to achieve the following broader objectives:
1.
Prohibit the indiscriminate clearing of property;
2.
Protect and increase the value of residential and commercial properties within the City;
3.
Maintain and enhance a positive image for the attraction of new business enterprises to the City; and
4.
Protect healthy quality trees and promote the natural ecological environmental and aesthetic qualities of the City.
B. Agricultural Use: Buildable Area: Building Pad: Clear-Cutting: Critical Root Zone (CRZ): Cut/Fill: Drip Line: Limits of Construction: Municipal/Public Domain Property: Protective Fencing: Selective Thinning: Tree: Tree Board: Tree, Marginal: Tree, Park: Tree, Protected: Tree, Quality: Tree, Street: Tree Topping: Tree, Understory:
Definitions.
For the purpose of this ordinance, certain words or terms applicable hereto are defined as hereinafter provided. Words and terms used in this ordinance, but not defined in this ordinance shall have the meanings ascribed thereto in the Zoning Ordinance or other ordinances of the City. Words and terms defined in two ordinances shall be read in harmony unless an irreconcilable conflict exists in which case the definition contained in this ordinance shall control. Words used in the present tense shall include the future, words used in the singular number shall include the plural number and words used in the plural shall include the singular. The word “shall” is mandatory and the word “may” is permissive. The word “City” means the City of Ovilla, Texas.
The use of land to produce plant or animal products, such as the growing of crops, raising and pasturing of livestock, or farming. It does not include the processing of plant or animal products after harvesting or the production of timber or forest products.
That portion of a building site exclusive of the required yard areas on which a structure or building improvements may be erected and including the actual structure, driveway, parking lot, pool and other construction as shown on a site plan.
The actual foundation area of a building and the area within six feet (6') of the foundation that is used for construction and grade transition.
The removal of all of the trees or a significant majority of the trees within an area.
The area of undisturbed natural soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the drip line. (See Appendix A.)
Areas where the natural ground level has been excavated (cut) or fill brought in.
A vertical line run through the outermost portion of the canopy of a tree and extending to the ground. (See Appendix A.)
A delineation on the graphic exhibit which shows the boundary of the area within which all construction activity will occur.
Examples of this would include City Hall, public parks, County property, Corps of Engineers property, State of Texas R.O.W., library, fire stations, water tower site or similar properties.
Chain link fence, wire fence, orange vinyl construction fencing, snow fencing or other similar fencing with a four foot (4') approximate height.
The removal of selected trees from within a densely forested area.
Any self-supporting woody perennial plant which will attain a trunk diameter of two inches (2") or more when measured at a point four and one-half feet (4.5') above ground level and normally an overall height of at least fifteen feet (15') at maturity, usually with one (1) main stem or trunk and many branches. It may appear to have several stems or trunks as in several varieties of oaks.
There is hereby created and established a City Tree Board. This Board shall be the Planning and Zoning Commission unless otherwise appointed by City Council.
A tree which the City has determined may or may not be worthy of preservation depending on the individual characteristics of the tree. (See Appendix C.)
Trees in public parks and all areas owned by the City to which the public has free access to as a park.
A quality tree that as a diameter of six inches (6") or greater; an understory tree that has a diameter of two inches (2") or greater; and a marginal tree that has a diameter of six inches (6") or greater that the Landscape Administrator has determined should be saved due to individual characteristics and/or location of the tree. The diameter of a tree shall be determined by measuring at four and one-half feet (4.5') above ground. For a multi-trunk tree, the diameter shall be the total diameter of the largest trunk plus half (1/2) the diameter of each additional trunk.
A tree which the City has determined typically has significant positive characteristics worthy of preservation. (See Appendix C.)
Trees on land lying between property lines on either side of all streets, alleys, avenues, lanes or ways within the City.
The severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree.
A tree which the City has determined has significant positive characteristics worthy of preservation and that does not typically attain great size. (See Appendix C.)
C.
General Provisions.
1.
Clear-cutting:
The clear-cutting of land as defined in this ordinance is prohibited.
2.
Selective Thinning:
The removal of selected trees from within a densely forested area when done in a professionally accepted manner shall be allowed as a single permit upon approval by the Landscape Administrator. Approval will only be granted when the Landscape Administrator determines the selective thinning is being done in a manner that would enhance the environment and likelihood of survival for the remaining trees.
3.
Ground Level Cuts:
Where protected tree removal is allowed through exemption or by tree removal permit and the root system is intertwined with protected trees which are intended to be saved, the tree shall be removed by flush cutting with the natural level of the surrounding ground. Where stump removal is also desired, stump grinding shall be allowed, or upon approval of the Landscape Administrator, a trench may be cut between the two trees sufficient to cut the roots near the tree to be removed, thereby allowing removal of the remaining stump without destruction of the root system of the saved tree.
D.
Tree Removal Permit Required.
No person, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through damaging, any protected tree situated on property regulated by this ordinance without first obtaining a tree removal permit unless otherwise specified in this ordinance.
E.
New Developments.
All developments which have not submitted final construction plans as of the effective date of this ordinance shall be subject to the requirements for tree protection and replacement specified herein.
1.
Residential Developments:
All area within street right-of-ways, utility or drainage easements as shown on an approved final plat and area designated as cut/fill on the master construction plan approved by the Landscape Administrator shall be exempt from the tree protection and replacement requirements specified herein. The developer may request the Landscape Administrator to allow trees within potential building pad areas be included in the exemption described herein. All other area shall be subject to these requirements.
2.
Non-residential Development:
All area within street right-of-ways, utility or drainage easements as shown on an approved final plat, area designated as cut/fill on the master construction plan approved by the Landscape Administrator, plus fire lanes, parking areas and building pad as shown on an approved site plan shall be exempt from the tree protection and replacement requirements specified herein.
3.
Permit Requirements:
A tree-removal permit shall not be required for removal of a protected tree within an area noted in sections E.1 and E.2 above; however a permit must be obtained prior to the removal of any other protected tree on the property.
4.
Landscape Administrator Review:
a.
Residential Development:
A developer shall be required to furnish a transparency of the proposed development showing all proposed improvements (e.g. right-of-ways, easements, lot patterns, cut/fill, etc.) with the submittal of a site plan, development plan, preliminary plat, or final plat, whichever occurs first. The transparency shall be on a sheet drawn to the scale of one inch equal to one hundred feet (1":10' [100']) or on a computer disk in the format of a commonly used Computer-Aided Design (CAD) program. The Landscape Administrator is authorized to require a tree survey meeting the requirements of Appendix D herein when determined to be needed to fully evaluate the impact on trees.
b.
Non-Residential Development:
A developer shall be required to furnish a transparency of the proposed development showing all proposed improvements (e.g. right-of-ways, easements, lot patterns, cut/fill, fire lanes, parking areas and building pads, etc.) with the submittal of a site plan, development plan, construction plan, plot plan or building permit application, whichever occurs first. The transparency shall be on a sheet drawn to a scale as required by the Landscape Administrator and in a format depicted in Section E.4.a above. The Landscape Administrator is authorized to require a tree survey meeting the requirements of Appendix D herein when determined to be needed to fully evaluate the impact on trees.
c.
It is highly recommended the developer consult with the Landscape Administrator and submit the required transparency or survey for review as early as possible so as to minimize changes in preliminary or final plats and to determine there is adequate area for the proposed improvements after tree protection and replacement have been taken into consideration.
d.
The Landscape Administrator will evaluate the required transparency, survey or plan to determine that the developer has made a best good-faith effort at saving as many protected trees as possible. The Administrator will forward review comments to the Planning and Zoning Commission for consideration regarding denial or approval of the development. If the review involves a document that normally does not require the approval of the Planning & Zoning Commission, the Administrator will follow the procedures in Section I herein.
5.
Parking Area:
When a non-residential development consists of extra parking spaces beyond 110% of the minimum parking spaces required by the Zoning Ordinance, the developer shall be required to replace a percentage of the trees removed or make a payment into the Tree Restoration Fund. The replacement trees shall be calculated by multiplying the total diameter of trees removed in all parking spaces by the percentage of said extra parking spaces to the total number of parking spaces (i.e. total diameter of trees removed x extra parking spaces ÷ total parking spaces). The replacement trees shall be provided in accordance with Section J herein.
F.
Private Property.
1.
Homestead:
The owner of property which is used for an individual residence or homestead shall be exempt from the tree protection and replacement requirements specified herein.
2.
Property Owned by Home Builder:
All area within the building pad, driveway, sidewalks, patios, septic tank and lateral lines, parking area, pool and associated deck area as shown on a plot plan approved by the Landscape Administrator shall be exempt from the tree protection and replacement requirements specified herein. All other area of the lot shall be subject to these requirements.
a.
Permit Requirements:
A tree-removal permit shall not be required for removal of a protected tree within an area noted above; however a permit must be obtained prior to the removal of any protected tree on the property.
b.
Landscape Administrator Review:
A transparency showing all proposed improvements shall be required with the submittal of building permit application. The transparency shall be on a sheet drawn to a scale as required by the Landscape Administrator or on a computer disk in the format of a commonly used Computer-Aided Design (CAD) program. The Landscape Administrator is authorized to require a tree survey meeting the requirements of Appendix D herein when determined to be needed to fully evaluate the impact on trees.
3.
Agricultural Property:
The owner of property being actively used for agricultural purposes shall be permitted to remove up to seven (7) protected trees per calendar year without obtaining a permit. Protected trees removed in excess of seven will require permits. It is not the intent of this ordinance to prohibit the clearing of land for legitimate, agricultural use. The property owner shall request the Landscape Administrator make an on-site inspection of the property to be cleared and provide the Landscape Administrator the purpose and reason for the clearing. If the Landscape Administrator determines the clearing of land to be for a legitimate, agricultural reason, he will issue a tree removal permit.
G.
Municipal/Public Domain Property, Right-of-ways and Easements.
All construction and maintenance activities within municipal/public domain property, right-of-ways or easements by the City, franchise utility companies or other entities shall be subject to the requirements for tree protection and replacement specified herein.
1.
A tree removal permit shall not be required for removal of a protected tree. However no construction or maintenance activity that may cause the removal of a protected tree shall begin until construction plans showing protected trees to be removed and the location of replacement trees have been approved by the Landscape Administrator. Pruning activities by a utility shall be governed by the provisions of Section M.
2.
Tree Board Responsibilities:
It shall be the responsibility of the Tree Board to study, investigate, counsel and develop and/or update periodically, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees in parks, along streets and in other public areas. Such plan shall be presented to the Council, and when adopted, shall represent the comprehensive tree plan for the City.
3.
Acceptable Trees:
The Landscape Administrator shall maintain a list of trees acceptable for planting along streets, within parks or other public areas. Trees other than those listed as acceptable may only be planted upon approval of the Landscape Administrator.
4.
Street Tree Spacing:
The spacing of street trees shall be in accordance with recommendations of the Landscape Administrator. Closer spacing or group plantings may be approved by the Landscape Administrator in unique situations and when recommended by a registered Landscape Architect.
5.
Public Tree Care:
The City shall have the right to plant, prune, and maintain street trees and park trees within the lines of all streets, alleys, avenues, lanes, squares, and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public properties. The City may remove or cause or order to be removed any tree or part thereof, which is in an unsafe condition, or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or which is affected with any injurious fungus, insect or other pest.
H.
Exceptions.
A tree removal permit and tree protection and replacement requirements shall not be required under any of the following circumstances. The burden of proof as a qualified exemption is upon the remover of a tree. It is highly recommended that qualification as an exemption be determined with the Landscape Administrator prior to removal of any tree.
1.
Exempt:
All construction activities for which final construction plans and building permit applications have been submitted prior to the effective date of this ordinance shall be exempt.
2.
Diseased Trees:
The tree is diseased, damaged beyond the point of recovery, or in danger of falling as determined by the Landscape Administrator prior to the removal of the tree. The removal of a diseased tree by the City or an individual is required to reduce the chance of spreading the disease to adjacent healthy trees.
3.
Public Safety:
The tree endangers the public health, welfare or safety and immediate removal is required.
4.
Utility Service Interruption:
The tree has disrupted a public utility service due to a tornado, storm, flood or other act of God. Removal shall be limited to the portion of the tree reasonably necessary to reestablish and maintain reliable utility service.
5.
Landscape Nursery:
All licensed plant or tree nurseries shall be exempt from the requirements of this ordinance as they pertain to those trees planted and growing on the premises of said licensee that are so planted and growing for the sale or intended sale to the general public in the ordinary course of said licensee’s business.
I.
Permit Review and Approval Process.
1.
Authority for Review:
The Landscape Administrator shall be responsible for the review and approval of all requests for tree removal permits submitted in accordance with the requirements specified herein
a.
Deferrals:
The Landscape Administrator may defer the approval of a tree removal permit to the Tree Board for any reason. All decisions made by the Tree Board shall be final.
b.
Appeals:
Any decision made by the Landscape Administrator may be appealed to the Tree Board. All decisions made by the Tree Board shall be final.
2.
Submittal Requirements:
The Landscape Administrator shall establish administrative procedures necessary to facilitate the implementation and enforcement of this ordinance.
a.
Tree Removal Permit:
A request for a tree removal permit must be submitted and approved prior to the removal of any protected tree in the City unless the tree is exempt under a provision of this ordinance.
b.
Fees:
All tree removal permits shall be accompanied by a payment made to the City in the amount specified by City Council.
c.
Required Documents:
Either a transparency or tree survey shall be required as determined by the Landscape Administrator and must include the items referenced in this ordinance and its appendices.
d.
Permit Expiration:
Permits for tree removal issued in connection with a building permit or site plan shall be valid for the period of that building permit’s or site plan’s validity. Permit(s) for tree removal not issued in connection with a building permit or a site plan shall become void one hundred eighty (180) days after the issue date on the permit.
3.
Action on Permit Application:
The Landscape Administrator or the Tree Board shall grant a tree removal permit based on the following criteria:
a.
Whether or not a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the removal of the tree;
b.
The cost of preserving the tree;
c.
Whether the tree is worthy of preservation. Trees listed as marginal trees in Appendix C usually are not considered worthy of preservation depending on the individual characteristics of the tree;
d.
The effect of the removal on erosion, soil moisture, retention, flow of surface waters, and drainage systems;
e.
The need for buffering of residential areas from the noise, glare, and visual effects of nonresidential users;
f.
Whether the tree interferes with a utility service;
g.
Whether the proposed tree replacement pursuant to the Tree Replacement Requirements hereof adequately mitigates the removal of the tree;
h.
Whether the removal affects the public health, safety or welfare.
J.
Tree Replacement Requirements.
1.
Tree Replacement:
In the event it is necessary to remove a protected tree as specified in Section E through G herein, the party (other than franchise utility companies) removing the tree shall be required to replace the protected trees being removed with quality trees as defined herein. A sufficient number of trees shall be planted to equal or exceed the diameter (measured at 4.5' above ground level) of each tree removed. This mitigative measure is not meant to supplant good site planning. Tree replacement will be considered only after all design alternatives which could save more existing trees have been evaluated and reasonably rejected. Said replacement trees shall be a minimum of 3" diameter (measured at 1' above ground) and seven feet (7') in height when planted.
2.
Replacement Procedures:
At the time of review, the agent responsible for replacement, the time of replacement and the location of the new trees will be determined by the Landscape Administrator. The replacement trees shall be located on the subject site whenever possible. However if this is not feasible, the Landscape Administrator has the authority to allow the planting to take place on another property, including public property. Franchise utility companies shall be exempt from this requirement. If the Landscape Administrator approves the planting of replacement trees more than 30 days after the removal of protected trees, the applicant shall provide the Landscape Administrator with an affidavit that all replacement trees will be planted within six months. Any replacement tree required by this ordinance must be covered by a one-year warranty that is acceptable to the Landscape Administrator.
3.
Tree Reforestation Fund:
In a densely forested area, the applicant, upon approval of the Landscape Administrator, may make a payment into the Tree Reforestation Fund in lieu of planting the replacement tree on the subject site. The funds shall be used only for purchasing and planting trees on public property or acquiring wooded property which shall remain in a naturalistic state in perpetuity. The amount of the payment required for each replacement tree shall be calculated based on a schedule published annually by the Landscape Administrator which sets forth the average cost of a quality tree added to the average cost of planting a tree.
K.
Additional Duties and Authorities of the Tree Board.
The Tree Board shall have the responsibility to review and grant a tree removal permit for the following land use:
1.
Any public or recreational use deemed acceptable to the Tree Board.
2.
Any private use deemed acceptable to the Tree Board that usually requires large areas of open space.
3.
In granting the tree removal permit, the Tree Board is authorized to impose whatever conditions of approval deemed necessary by the Tree Board.
L.
Tree Protection.
A major purpose of this ordinance is to protect all protected trees which are not required to be removed to allow approved construction to occur. The following procedures are required:
1.
Construction Plan Requirements:
All construction plans shall include the requirements noted in Appendix C.
2.
Prohibited Activities:
The following activities shall be prohibited within the limits of the critical root zone of any protected tree subject to the requirements of this ordinance.
a.
Material Storage:
No materials intended for use in construction or waste materials accumulated due to excavation or demolition shall be placed within the limits of the critical root zone of any protected tree. However, this restriction shall not apply to material storage in areas exempt from the tree protection and replacement requirements (e.g. building pad, driveway, patios, parking lot, etc.)
b.
Equipment Cleaning/Liquid Disposal:
No equipment shall be cleaned or other liquids deposited or allowed to flow overland within the limits of the critical root zone of a protected tree. This includes, without limitation, paint, oil, solvents, asphalt, concrete, mortar or similar materials.
c.
Tree Attachments:
No signs, wires or other attachments, other than those of a protective nature shall be attached to any protected tree.
d.
Vehicular Traffic:
No vehicular and/or construction equipment traffic or parking shall take place within the limits of the critical root zone of any protected tree other than on an existing street pavement. This restriction does not apply to single incident access within the critical root zone for purposes of clearing underbrush, establishing the building pad and associated lot grading, vehicular traffic necessary for routine utility maintenance or emergency restoration of utility service or routine mowing operations.
e.
Grade Changes:
No grade changes shall be allowed within the limits of the critical root zone of any protected tree unless adequate construction methods are approved by the Landscape Administrator or if grading is as directed by the city’s drainage inspector.
f.
Impervious Paving:
No paving with asphalt, concrete or other impervious materials in a manner which may reasonably be expected to kill a tree shall be placed within the limits of the critical root zone of a protected tree except as otherwise allowed in this ordinance.
3.
Preserved Tree:
A protected tree shall be considered to be preserved only if a minimum of 75% of the critical root zone is maintained at undisturbed natural grade and no more than 25% of the canopy is removed due to building encroachment.
4.
Prior to Construction:
The following procedures shall be followed on all types of construction projects (i.e. residential subdivisions, commercial, multi-family, industrial developments, residential builders and municipal/public).
a.
Tree Flagging or Marking:
Trees that are approved by the Landscape Administrator for removal shall be flagged with bright fluorescent orange vinyl tape wrapped around the main trunk or marked with bright fluorescent orange paint at a height of four feet (4') or more such that it is very visible to workers operating construction equipment. This shall not include the flagging or marking of all protected trees adjacent to right-of-way within approved residential subdivisions during the construction of the roadway. Trees that are not flagged or marked shall be saved and protected by fencing in accordance with the requirements hereinafter.
b.
Protective Fencing:
In those situations where a protected tree is so close to the construction area that construction equipment might infringe on the root system or is within twenty feet (20') of the construction area, a protective fencing shall be required between the outer limits of the critical root zone of the tree and the construction activity area. Four feet (4') high protective fencing shall be supported at a maximum of 10' intervals by approved methods. All protective fencing shall be in place prior to commencement of any site work and remain in place until all exterior work has been completed.
c.
Bark Protection:
In situations where a protected tree remains in the immediate area of intended construction, the tree shall be protected by enclosing the entire circumference of the tree with 2" x 4" lumber encircled with wire or other means that do not damage the tree. The intent here is to protect the bark of the tree against incidental contact by construction equipment.
5.
Permanent Construction Methods.
a.
Boring:
Where it is not possible to trench around the critical root zone of a protected tree, boring of utilities under the protected tree shall be required. The length of the bore shall at least be the width of the critical root zone and the depth of the bore shall be at least twenty-four (24").
b.
Grade Change:
In situations where the grade change within the critical root zone of a protected tree exceeds the limits noted in Section L.2.e herein, the procedures noted in the City standard detail sheet shall be required.
c.
Trenching:
All trenching shall be designed to avoid trenching across the critical root zone of any protected tree. Although this section is not intended to prohibit the placement of underground services such as electric, phone, gas, etc., the placement of these utilities is encouraged to be located outside of the critical root zone of protected trees. Irrigation system trenching shall be placed outside of the critical root zone with only the minimum required single head supply line allowed within that area placed directly to the tree trunk.
d.
Root Pruning:
All roots 2" or larger in diameter which are exposed as a result of trenching or other excavation shall be cut off square with a sharp medium tooth saw and covered with pruning compound within 2 hours of initial exposure.
M.
Tree Pruning Restrictions.
1.
General:
No protected tree should be pruned in a manner which significantly disfigures the tree without proper cause or in a manner which would reasonably lead to the death of the tree.
2.
Permit Requirements:
All franchise utility companies shall be required to maintain at the City a set of pruning specifications (updated annually) to be followed by all pruning contractors working for the company within the City. Prior to beginning any pruning not requested by the owner of the tree, the contractor for a non-franchise entity shall submit to the City an application for a pruning permit for approval. Utility companies may prune trees as necessary to maintain safe and reliable service or to re-establish disrupted electric service without obtaining a permit.
3.
Allowed Pruning:
The Landscape Administrator may approve pruning of a protected tree in cases where protected trees must be strategically pruned to allow construction or demolition of a structure. When allowed, all pruning shall be in accordance with Section L.3 above, approved Arboricultural techniques and the recommendations of Appendix F. This section is not intended to require a tree permit for reasonable pruning performed or contracted to be performed by the owner of the tree when unrelated to construction activity.
4.
Required Pruning:
The owners of all trees adjacent to public right-of-way shall be required to maintain a minimum clearance of ten feet (10') above the traveled pavement or curb of a public street. Said owners shall also remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The City shall also have the right to prune trees overhanging within the public right-of-way which interfere with the proper spread of light along the street from a street light or interfere with visibility of any traffic control device or sign or as necessary to preserve the public safety.
5.
Tree Topping:
It shall be unlawful as a normal practice for any person, firm, or city department to top any street tree, park tree or other tree on public property. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this ordinance at the determination of the Landscape Administrator.
N.
Tree Planting Restrictions.
1.
Overhead Lines:
Any required replacement trees shall not be planted within an area such that the mature canopy of the tree will be within ten feet (10') of overhead utility lines.
2.
Proximity to Utilities:
Any required replacement trees or street trees shall not be planted within five feet (5') of electrical facilities (underground or surface), public utility lines, including water lines, sewer lines, transmission lines or other utilities. No trees shall be planted within ten feet (10') of a fire hydrant. Shrubs will be permitted outside of the minimum clearance of surface electrical facilities established by the franchise electrical company.
3.
Street Corners:
No street tree shall be planted closer than twenty-five feet (25') of any street corner, measured from the point of nearest interesting curbs or curb lines.
O.
Enforcement.
1.
Building Permit:
No building permit shall be issued unless the applicant signs an application or permit request which states all construction activities shall meet the requirements of this ordinance. The Building Official shall make available to the applicant a copy of this ordinance or a condensed summary of the relevant aspects pertaining to the type of permit requested.
2.
Acceptance of Improvements:
No acceptance of public improvements shall be authorized until all fines for violations of this ordinance have been paid to the City or otherwise disposed of through the Municipal Court. No acceptance of public improvements shall be authorized until all replacement trees have been planted or appropriate payments have been made to the Tree Reforestation Fund.
3.
Certificate of Occupancy:
No Certificate of Occupancy shall be issued until all fines for violations of this ordinance have been paid to the City or otherwise disposed of through the Municipal Court. No certificate of Occupancy shall be issued until all replacement trees have been planted or appropriate payments have been made to the Tree Reforestation Fund.
4.
Notwithstanding the above provisions, public improvements may be accepted and Certificate of Occupancy may be issued before all trees have been replaced if a fiscal security is posted in an amount equal to the prevailing rate for installed trees with a one (1) year guarantee, plus fifteen percent (15%) to cover administrative costs.
P.
Penalty.
1.
Any person, firm, corporation, agent, or employee thereof who violates the provisions of Section D through H of this ordinance shall be guilty of a misdemeanor and upon conviction hereof shall be fined not to exceed One Hundred Dollars ($100.00) per diameter inch of the tree(s) removed or damaged.
2.
Any person, firm, corporation, agent or employee thereof who violates any other provisions of this ordinance shall be guilty of a misdemeanor and upon conviction hereof shall be fined not to exceed Five Hundred Dollars ($500.00) for each incident. The unlawful injury, destruction or removal of each protected tree shall be considered a separate incident and each incident subjects the violator to the maximum penalty set forth herein per tree.
3.
Removal of Public Trees: It shall be deemed a violation of this ordinance for any person or firm to engage in the business or occupation of pruning, treating, or removing street or park trees within the City without first procuring approval from the Landscape Administrator.
Q.
Appendices.
It is anticipated that the following appendices will be changed periodically by the Landscape Administrator in response to changes in the administration of this ordinance.
(Ordinance that originally enacted)
§ 37 Wireless Communication Facilities.
37.1
Purpose.
Certain radio equipment used in transmitting and receiving signal energy are essential and are deemed to promote the health, safety, and general welfare of the citizens of the City. The placement of such equipment shall be located such that the health, safety, welfare, and aesthetic quality of the community shall not be compromised. Therefore the regulations governing the location of such equipment shall consider the aesthetic quality of the community equal to the health, safety, and general welfare of the community. The antennas, masts, and towers hereinafter enumerated shall not be deemed violations of this ordinance when made under the conditions herein provided.
37.3
Residentially Zoned Districts - Amateur Radio Equipment and TV Antennas.
Amateur radio equipment, including ham radio and CB equipment and personal use TV antennas, shall be permitted in the R-D, R-22, R-15, R-E, R-C, MF, and MH zoning districts if they comply with the following regulations:
A.
Type Permitted.
Antenna facilities may be building attached, monopoles, or lattice towers;
B.
Limitation.
Up to three (3) antenna facilities may be located on a lot of record, co-location is encouraged;
C.
Height.
An antenna facility, exclusive of the height of any antenna or mast, shall not exceed thirty-five (35) feet in height. Provided, however, that an antenna facility shall be permitted additional height at the ratio of one added foot in height for each additional foot of setback beyond the minimum setback required of an accessory building in the zoning district regulations contained in Section 30 Accessory and Residential Accessory Buildings. Regardless of the above, the maximum height for a tower permitted without a special exception in any residential district shall be 65 feet;
D.
Special Exception.
The height of an antenna, including the height of any antenna facility to which they may be fastened or attached shall not exceed 65 feet in height without a special exception.
E.
Unfastened Antenna.
An antenna not fastened to an antenna facility shall not exceed 50 feet unless a special exception for the height of the facility has been granted, except for an antenna which does not extend more than eight feet above a building on which it is mounted;
F.
Compliance with Specifications.
An antenna facility shall be limited to having the number and size of antennas attached to it that are allowed by the antenna facility manufacturer’s designs and specifications for maximum wind load requirements;
G.
Setbacks.
1.
Antennas and antenna facilities shall not be permitted in front or side yards. Guy wires are not permitted in front yards;
2.
Guy wires are permitted in required side and rear yards;
3.
Setback for antenna facilities shall be the same as is required for accessory buildings in residential districts;
H.
Separation.
There shall be no minimum or maximum separation requirements for antenna facilities from other structures on the same lot of record;
I.
Easement.
Antenna facilities shall not be permitted in any easement;
J.
Lights.
No auxiliary or outdoor lighting shall be allowed on antenna facilities located on residentially zoned property except such lights or lighting as may be required by the Federal Aviation Authority or the Federal Communications Commission;
K.
Construction Standards.
A building permit must be obtained prior to the construction and/or installation of an antenna facility. Antenna facilities must be installed as per the manufacturers recommendations or under the seal of a registered professional engineer of the State of Texas. Regardless of the above, all such antenna facilities must meet the Electronic Industries
L.
Codes.
Association Standard EIA-222-D, Structural Standards for Steel Antenna Towers and Antenna Supporting Structures and the Building Code;
M.
Maintenance.
Antennas and/or antenna facilities obviously not in use or 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;
N.
No Overhang.
No part of an antenna facility or any attachment thereto may extend beyond the property lines of the owner of such antenna or antenna facility;
O.
Permission Required.
No permit shall be issued for the installation of an antenna facility on a multi-family structure or property unless a notarized statement of permission from the owner is presented to the building department;
P.
Inspection Required.
All antenna facilities shall be subject to an inspection every five years by a qualified expert, such inspection to be conducted and charged for by the City in accordance with provisions in the building code; and
Q.
When Special Exception Required.
A special exception must be obtained to locate an antenna facility in a residential zoning district if the facility does not comply with the regulations specified hereinabove.
37.4
Non-Residential Districts.
Radio, television, microwave broadcast relay, receiving towers, transmission and re-transmission facilities, satellite receiving only earth stations (home dish antenna), and any electronic emission equipment of a commercial nature shall be allowed in the nonresidential zoning districts if it complies with the following regulations:
A.
Limit.
Up to three (3) antenna facilities may be located on a lot of record, co-location is encouraged;
B.
Type Permitted.
Antenna facilities shall be limited to building attached and monopoles only;
C.
Height.
An antenna facility, exclusive of the height of any attached antenna, shall not exceed thirty-five feet (35') in height. Provided, however, that an antenna facility shall be permitted additional height at the ratio of one added foot in height for each additional foot of setback beyond the minimum setback required of a accessory building in the zoning district regulations herein. Regardless of the above, the maximum height for an antenna facility permitted without a Special Exception in any nonresidential district shall be 65 feet;
D.
Antenna Height.
With the exception of stealth facilities, an antenna shall not extend more than eight feet above a building on which it is attached;
E.
Maximum Number of Attachments.
An antenna facility shall be limited to having the number and size of antennas attached to it that are allowed by the antenna facility manufacturer’s designs and specifications for maximum wind load requirements;
F.
Setbacks.
With the exception of stealth facilities, antennas and antenna facilities shall not be permitted in front or side yards;
G.
Not in Easement.
Antenna facilities shall not be permitted in any easement;
H.
Lights.
No auxiliary or outdoor lighting shall be allowed on antennas located on residentially zoned property except such lights or lighting as may be required by the Federal Aviation Authority or the Federal Communications Commission;
I.
Construction Standards.
A building permit must be obtained prior to the construction and/or installation of a tower, antenna, or mast. Antenna facilities must be installed as per the manufacturers recommendations or under the seal of a registered professional engineer of the State of Texas.
J.
Codes.
Regardless of the above, all such antenna facility and antennas must meet the Electronic Industries Association Standard EIA-222-D, Structural Standards for Steel Antenna Towers and Antenna Supporting Structures and the Building Code;
K.
Maintenance.
Antenna facilities and antennas obviously not in use or 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;
L.
No Overhang.
No part of an antenna facility and antennas or any attachment thereto may extend beyond the property lines of the owner of such antenna or antenna facility;
M.
Permission Required.
No permit shall be issued for the installation of an antenna or antenna facility on a multi-family structure or property unless a notarized statement of permission from the owner is presented to the building department;
N.
Inspection.
All antennas, or antenna facilities shall be subject to an inspection every five years by a qualified expert, such inspection to be conducted and charged for by the City in accordance with provisions in the Building Code;
O.
Specific Use Permit.
A Specific use permit must be obtained for any antenna or tower which does not comply with the regulations specified hereinabove.
P.
Stealth Antennas.
Stealth facilities shall be exempt from the height and location requirements of this section. No appeal may be made from the decision of the City Administrator as to whether or not any facility meets the definition of “stealth”.
37.5
Written Report Upon Denial of Request.
The City shall document any denial of a request to place, construct, or modify personal wireless service facilities in writing. Such documentation shall be supported by substantial evidence within the written record.
37.6
Satellite Receive-Only Antennas Generally.
Satellite receive-only antennas assist individuals in the receipt of satellite transmitted television signals. Satellite receive-only antennas are permitted when made under the conditions herein provided. Such conditions are hereby found to be reasonable and clearly defined health, safety and aesthetic objectives.
37.7
Satellite Receive-Only Antennas.
A satellite receive-only antenna shall be allowed if it complies with the following requirements:
A.
The satellite receive-only antenna is two meters or less in diameter and is located or proposed to be located in any area where commercial or industrial uses are generally permitted by non-federal land use regulations or;
B.
The satellite receive-only antenna is less than one meter in diameter in any residential zoning district.
37.8
Large Satellite Receive-Only Antennas.
Satellite receive-only antennas that are greater than one meter in diameter in residential districts or greater than two meters in diameter in non-residential districts shall be allowed in any zoning district if they comply with the following regulations:
A.
Limitation.
Only one satellite receive-only antenna is maintained on a lot of record;
B.
Height.
The antenna shall not exceed ten feet in height;
C.
Set backs.
The antenna meets the following:
1.
Front and side:
Satellite receive-only antennas shall not be permitted in front or side yards; and
2.
Rear:
Satellite receive-only antennas shall be permitted in rear yards provided they meet the minimum setback as is required for accessory buildings in residential districts and as for all buildings in nonresidential districts.
D.
Separation.
There shall be no minimum or maximum separation requirements for satellite receive-only antennas from other structures on the same lot of record;
E.
Not in Easement.
Satellite receive-only antennas shall not be permitted in easements;
F.
Lights.
No auxiliary or outdoor lighting shall be allowed on satellite receive-only antennas except such lights or lighting as may be required by the Federal Aviation Administration or the Federal Communications Commission;
G.
Construction Standards.
A building permit must be obtained prior to the construction and/or installation of a satellite receive-only antenna. Satellite receive-only antennas must be installed as per the manufacturer’s recommendations or under the seal of a registered professional engineer of the State of Texas;
H.
Maintenance.
Satellite receive-only antennas obviously not in use or 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;
I.
No Overhang.
No part of a satellite receive-only antenna or any attachment thereto may extend beyond the property lines of the owner of such satellite receive-only antenna;
J.
Permission Required.
No permit shall be issued for the installation of a satellite receive-only antenna on a multi-family structure or property unless a notarized statement of permission from the owner is presented to the Building Department;
K.
Screening Required.
All satellite receive-only antennas shall be screened from view from adjoining properties by fencing or evergreen plants. A satellite receive-only antenna located within a fence surrounding the yard in which the satellite receive-only antenna is located shall be considered to be screened;
L.
When Special Exception Required.
A special exception must be obtained for any satellite receive only antenna which does not comply with the regulations specified hereinabove.
37.9
Special Exception.
A.
Criteria for Granting.
A special exception must be obtained for any antenna, tower, and/or satellite receive-only antenna which does not comply with the regulations specified in this section hereinabove. In considering whether to grant a special exception from the regulations specified above, the following shall be considered:
1.
The effect on the value of the surrounding property;
2.
The potential for interference with the enjoyment of the use of surrounding properties;
3.
Aesthetics;
4.
The necessity of the Special Exception for the public health, safety, and welfare of the citizens or for governmental purposes;
5.
The zoning district and the adjoining zoning districts of the property for which the Special Exception is sought;
6.
The provisions of 47 C.F.R. §25.104 which preempt local zoning or other regulations that differentiate between satellite receive-only antennas and other types of antenna facilities unless such regulations:
(a)
Have a clearly defined health, safety or aesthetic objective; and
(b)
Further the stated health, safety, or aesthetic objective without unnecessarily burdening the federal interest in ensuring access to satellite services and in promoting fair and effective competition among competing communications service providers; and
7.
The unique conditions that govern reasonable reception on any given lot.
B.
Required Information.
To properly evaluate all applications to locate commercial antennas or towers which do not comply with the regulations specified hereinabove the following information must be provided by the applicant:
1.
Description of the nature of the antenna site, indicating whether the proposed structure is a monopole or mounted to a self-supporting structure, and indicating the proposed height;
2.
Photos or drawings of all equipment, structures and antenna;
3.
A description of why the antenna or tower is necessary;
4.
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;
5.
Whether the antenna or tower site is to be connected to other sites; and if so, describe how it will be connected and who will be the back haul provider;
6.
Statement which addresses the efforts made to co-locate the facilities proposed for this antenna or tower on existing towers or facilities in the same general area. In this regard, identify the location of these existing sites. Describe in detail these efforts and explain in detail why these existing sites were not feasible. Attach all studies or tests performed which demonstrate why the existing sites will not provide sufficient signal coverage. Provide written documentation from existing sites’ owners and/or operators which confirm the statements provided. Indicate whether or not the existing sites allow/promote co-location and, if not, describe why not;
7.
Whether or not other telecommunications providers will be allowed to co-locate at the requested site. If they are not allowed, state every reason and the basis for each reason;
8.
If the requested location is in a residential district, the applicant must address whether or not they have made an effort to locate the facility in a commercial or industrial district. Please identify the location of these commercial and or industrial district sites. Please describe in detail these efforts and explain in detail why these commercial or industrial district sites were not feasible. Attach all studies or tests performed which demonstrate why the commercial or industrial sites will not provide sufficient signal coverage. Provide written documentation from commercial or industrial district sites’ owners and/or operators which confirm the statements provided;
9.
The proposed provider’s current coverage area for the City, by attaching maps showing the areas the proposed provider’s existing antenna currently cover, 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;
10.
Description of the applicant’s master antenna and tower plan for the City, with maps and other related documentation, and providing information indicating each phase of the plan; and
11.
Description of the applicant’s plan to minimize the number of telecommunications antenna and towers needed to cover the City.
C.
Co-location.
The Zoning Board of Adjustments will approve a requested application subject to the finding that co-location of this facility with a nearby existing tower facility is technically not feasible and subject to the following conditions:
1.
The applicant will permit co-location of others at the site;
2.
The applicant will configure its antenna and other equipment to accommodate other providers;
3.
The applicant will identify its backhaul provider connecting antenna sites;
4.
The applicant will give notice to the city identifying any providers who co-locates to the site and identify their backhaul provider; and
5.
Any other conditions the Zoning Board imposes as are necessary to protect the health, safety and welfare of the citizens.
(Ordinance 2010.013 adopted 6/14/10; Ordinance 2018-01, sec. 1(d), adopted 1/8/18)
§ 38 Non-Residential Development Design Standards.
38.1
Purpose.
The Non-Residential Development Design Standards are established to provide a set of minimum design standards applicable to all future development and redevelopment within the non-residential zoning districts and the non-residential development located within residentially zoned districts. Non-residential development in the City shall conform to the Comprehensive Land Use Plan, as adopted by the City Council. These standards are intended to protect and enhance the appearance of all non-residential development in Ovilla, promote the unique character of the City, protect and enhance property values, prevent the establishment of incompatible types of development, and coordinate efforts of various developers within the non-residential areas of the City.
38.2
Properties Affected.
Some of the Non-Residential Development Design Standards are specifically for the “CR” Restricted Commercial district and some of the standards are specifically for the “CG” General Commercial and “I” Industrial districts. These specialized standards are clearly denoted in the ordinance text. All of the other Non-Residential Development Design Standards apply to all properties zoned either a non-residential zoning district of developed within a residential district as a non-residential use.
38.3
Site Orientation and Layout.
A.
Primary Entry.
All development located in the “CR” Restricted Commercial district shall build to or close to the front lot line of the property and shall take primary entry from the sidewalk in front of the business to ease pedestrian access.
B.
Orientation to Street.
All development located in the “CR” Restricted Commercial, “CG” General Commercial and “I” Industrial zoning districts shall be oriented toward the street in front of the business.
C.
Corner Lots.
Non-residential developments located on corner lots should consider corner entries and building massing to emphasize street intersections.
D.
Sidewalks in “CR” District.
All development located in the “CR” Restricted Commercial zoning district shall provide sidewalks with a minimum width of six feet (6') with a minimum passageway width of four feet (4').
E.
Sidewalks in “CG” District.
All development located in the “CG” General Commercial zoning district shall either provide sidewalks with a minimum width of six feet (6') or a meandering sidewalk with a minimum width of four feet (4').
F.
Interrelated Development.
New non-residential development shall be located on the site to inter-relate with the development on the adjacent lots, by utilizing similar building setbacks, pedestrian connections, vehicular connections and other site design elements.
G.
Outdoor Uses.
Outdoor non-residential activities (other than storage) such as outdoor dining areas and limited sales displays should be incorporated into non-residential development.
H.
Drive-Through Windows.
Drive-through windows and drive-through lanes shall only be permitted in the “CG” General Commercial zoning district and shall be located away from the adjacent public street frontages.
38.4
Architectural Elements.
B.
Building Massing.
The massing of the building shall relate to the site, the use of the building, and to the adjacent buildings.
C.
Vistas and Views.
The architectural design should emphasize and frame important vistas or view corridors, or provide a logical terminus for the vista.
D.
Human Scale.
The façade of the “CR” Restricted Commercial district buildings shall relate to a human scale and a pedestrian oriented development.
E.
Pitched Roofs.
Within the “CR” Restricted Commercial and “CG” General Commercial districts and non-residential structures located in residential districts, for structures ten-thousand (10,000) square feet or less, pitched roof construction will be required. No flat or built-up roof construction shall be permitted. All mechanical equipment shall be screened from view from any public right-of-way by screening which is compatible to the architectural style of the main structures. Line-of-site drawings will be required to illustrate that adequate screening is provided.
F.
Roof Requirements.
Within the “CR” Restricted Commercial and “CG” General Commercial districts and non-residential structures located in residential districts, structures greater than ten thousand (10,000) square feet may be a flat roof construction, but must provide a variation of roofline, which may include a partial pitched roof for architectural relief. Mechanical equipment located on roofs shall be screened from view from any public right-of-way. Line-of-site drawings will be required to illustrate that adequate screening is provided.
G.
Building Articulation.
The design of all non-residential buildings shall include articulation of all walls facing a public street. Single, uninterrupted surface planes shall not be permitted. Facades shall meet the following minimum standards for articulation:
1.
Horizontal Articulation:
No building wall shall extend for a distance equal to two times the wall’s height without having an off-set of fifteen (15) percent of the wall’s height, and that new plane shall extend for a distance equal to at least twenty-five (25) of the maximum length of the first plane; and
2.
Vertical Articulation:
No horizontal wall shall extend for a distance greater than two times the height of the wall without changing height by a minimum of fifteen (15) percent of the wall’s height.
H.
[Reserved.]
I.
Incremental Standards.
The architectural design of a non-residential building façade should be based on a standard incremental width. A standard incremental width of twenty-five feet (25') is recommended.
J.
Architectural Details.
Architectural trim, accents and ornamentation details are required on all building facades facing public streets.
K.
Windows for Retail
A minimum of forty (40) percent of the front façade of any ground floor retail space shall be windows for display.
L.
Drive Though Canopies.
If permitted, canopies which match the architectural design of the building are required for all drive through windows or other drive through elements.
M.
Street Furniture.
The inclusion of street furniture and other streetscape enhancements are encouraged, especially in the “CR” Restricted Commercial district.
38.5
Building Materials.
A.
Masonry Requirement.
1.
All building exteriors shall be constructed of one hundred (100) percent masonry material, exclusive of windows and doors, including the area above the first floor ceiling plate line.
2.
Masonry construction shall include 4"x8" bricks, decorative block, split face stone construction, natural stone, stucco, or other masonry material approved and constructed in accordance with the Ovilla Building Code; but shall not include concrete masonry unit (CMU) blocks.
3.
Up to ten (10) percent of the masonry may be composed of fiber cement siding, such as Hardiplank or Hardyboard, for trim and accent purposes only.
4.
Alternate construction materials (including EFIS), which are demonstrated to be critical to the architectural theme of the structure, may be used as approved by the City Council upon recommendation by the Planning and Zoning Commission. EFIS shall not be allowed below a height of ten feet (10') on an exterior building façade.
B.
Earth Tones.
Masonry materials shall be of earth tones and shall be submitted to the Planning and Zoning Commission for recommendation and to the City Council for approval. For the purpose of this section, earth tones shall be understood to consist of darker and pastel shades of the color spectrum, which may generally be found in the natural environment. These colors shall not generally consist of the vibrant or fluorescent colors of the color spectrum.
C.
Roofing.
Roofing material and the color of the roofing materials for any non-residential building roof visible from a public right-of-way shall be consistent with the architectural style of the building.
D.
Screening of Equipment.
All ground mounted equipment shall be screened from view with masonry construction similar to the primary structure.
E.
Screening of waste containers/dumpsters.
Waste containers/dumpsters shall be located on the side or rear of the building and screened from public view or any public street.
Waste containers/dumpsters shall be located outside of the required building setback areas and when adjacent to residentially zoned property, must be located at least fifty (50) feet away from residential property lines.
Waste containers shall be screened on three (3) sides, using an enclosure that is seven (7) feet tall or of a height that is a minimum of one (1) foot above the top of the dumpster, whichever is taller. Screening shall be comprised of:
Brick, stone, decorative concrete block, reinforced concrete, or other similar masonry materials that have a similar finish to the primary building facade finish; or |
Redwood, cedar, preservative pressure treated wood, or other similar materials; |
Fence posts shall be rust-protected metal, masonry or concrete; and six-inch concrete filled steel pipes, painted in a neutral color, shall be located to protect the enclosure from truck operations; |
Gates are not required to be installed. |
 |
F.
Masonry Canopy Columns.
Any canopy system must provide columns constructed of similar masonry material as the primary structure.
(Ordinance 2010.013 adopted 6/14/10; Ordinance 2018-01, sec. 1(d), adopted 1/8/18)
§ 39 Nonconforming Uses, Lots, and Structures.
39.1
Intent and Purpose.
Within the districts established by this ordinance, or amendments that may later be adopted, there exist lots and uses of land, buildings and structures, uses of land and buildings in combination, and characteristics of use which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendments. It is the intent of this ordinance to permit these nonconformities to continue under regulations contained herein until they are removed, but not to encourage their survival. It is further the intent of this ordinance that such nonconformities shall not be enlarged upon, expanded or extended, nor be used as ground for adding other buildings and structures or uses prohibited elsewhere in the same district.
39.2
Nonconforming Uses Regulated.
Nonconforming uses are incompatible with permitted uses. Therefore, no nonconforming use of land or buildings, nonconforming lot or yard, or any nonconforming structure shall be enlarged, changed, altered, or repaired except in conformance with the regulations contained in this section.
39.3
Nonconforming Status.
Any use, lot, or structure which does not conform to the regulations of the zoning district in which it is located is nonconforming when:
A.
The use, lot, or structure was in existence and lawfully operating on the date of the passage of this ordinance, and has since been in regular and continuous use; or
B.
The use, lot, or structure is lawful at the time of the adoption of any amendment to this ordinance, but because of the amendment, no longer complies with applicable regulations; or
C.
The use, lot, or structure had commenced at the time of annexation proceedings and has since been in regular and continuous use.
39.4
Nonconforming Lots of Record.
In any district in which residential, commercial, or industrial buildings are permitted, buildings may be erected on any single lot of record, or multiple lots of contiguous street frontage in the same ownership, which were recorded prior to the effective date of this ordinance. This provision shall apply even though such lot or lots fail to meet the minimum requirements for area, width, or both, as governed by the applicable area regulations for that particular zoning district; however, all other provisions of the applicable zoning district area regulations shall apply. Any change, alteration, or modification decreasing the area of any lot or structure shall conform to this Ordinance or be authorized by variance of the Zoning Zoning Board of Adjustment.
39.5
Nonconforming Uses of Land.
Where at the effective date of this ordinance lawful use of land exists which would not be permitted by the regulations imposed by this ordinance, the use may be continued so long as it remains otherwise lawful, provided:
A.
The nonconforming use shall not be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment, as applicable, of this ordinance.
B.
The nonconforming use shall not be moved, in whole or in part, to any portion of the same lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this ordinance.
C.
If any such nonconforming use of land is deemed to be abandoned for any reason for a period of more than 6 months, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.
39.6
Nonconforming Buildings and Structures.
If a lawful building exists at the effective date of adoption or amendment, as applicable, of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the building, such building may be continued so long as it remains otherwise lawful, subject to the following provisions:
A.
No Enlargement.
A nonconforming building may not be enlarged or altered in a way which increases its nonconformity, but any building or portion thereof may be altered to decrease its nonconformity or to comply with city building codes.
B.
Destruction.
Should a nonconforming building or nonconforming portion of a building be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance, or when approved by the Zoning Board of Adjustment, after public hearing thereon. In the event that the Zoning Board of Adjustment conducts a hearing pursuant to this section, the Board must give due consideration of the property rights of persons affected, in the light of public welfare and the character of the area surrounding the nonconforming building and the conservation and protection of property.
C.
Moving of Building.
Should a nonconforming building be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is moved.
39.7
Nonconforming Uses of Buildings.
If a lawful use of a building exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in a particular district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A.
No Enlargement.
An existing building devoted to a use not permitted by this ordinance in the district in which it is located shall not be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the building to a use permitted in the district in which it is located, or to comply with city building codes.
B.
Extension of Use.
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building.
C.
Change of Use.
If no structural alterations are made, except as required by the city’s building codes, any nonconforming use of a building, or building and premises, may be changed to another nonconforming use provided that the Zoning Board of Adjustment, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Zoning Board of Adjustment may require appropriate conditions and safeguards in accord with the provisions of this ordinance.
D.
Use Superseded.
Any building in which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.
E.
Status of Land if Building Demolished.
Where nonconforming use status applies to a building and premises in combination, removal or destruction of the building shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than fifty (50) percent of the replacement cost at time of destruction.
39.8
Repairs and Maintenance.
A.
Repair.
On any nonconforming building or portion of a building containing a nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 50 percent of the current replacement cost of the nonconforming building or nonconforming portion of the building, as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.
B.
Rebuilding.
If a nonconforming building or portion of a building containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized city official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.
C.
Safety.
Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of the official.
39.9
Nonconforming Uses Discontinued.
A.
Requirement.
A nonconforming use of any building, structure, land or yard which has been discontinued shall not thereafter be returned to any nonconforming use.
B.
Discontinuation.
A nonconforming use shall be considered discontinued when:
1.
It has been replaced with a conforming use; or
2.
The nonconforming building or structure is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of six months, or the equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced within such six (6) month period; or
3.
Land use for a nonconforming use had ceased to be used in a bona fide manner or the nonconforming use for six (6) months; or
4.
The intention of the owner to permanently discontinue the use is apparent.
39.10
Abandonment of Nonconforming Use.
A.
Generally.
A nonconforming use shall be considered to be legally abandoned when the following facts exist based upon the evidence available to the Administrative Official:
1.
The owner has expressed or demonstrated, in some manner, an intent to permanently discontinue the nonconforming use; and
2.
When land used for a nonconforming use ceases to be used in a bona fide manner for the nonconforming use for six (6) consecutive months; or
3.
A structure designed or arranged for a nonconforming use shall cease to be used in a bona fide matter as a nonconforming use for a period of six consecutive months.
B.
Substandard Structure.
Legal abandonment shall be conclusively deemed to have occurred irrespective of the intent of the property owner of the nonconforming use was dilapidated, substandard, or was not maintained in a suitable condition for occupancy during the time periods set forth above.
39.11
Changes That Lessen Nonconformity.
The Zoning Board of Adjustment may grant a change to a more restricted or less intensive nonconforming use that lessens the extent of the original nonconformity.
39.12
Certificate of Occupancy.
No nonconforming building or use shall be maintained, renewed, changed or extended until a certificate of occupancy shall have been issued by the administrative official. The certificate of occupancy shall state specifically wherein the nonconforming use differs from the provisions of this ordinance, provided that upon enactment or amendment of this ordinance, the owner or occupant of a nonconforming use or building shall have six (6) months to apply for certificates of occupancy. Failure to make such application within six (6) months shall be presumptive evidence that the property was in conforming use at the effective date or amendment of this ordinance.
(Ordinance 2010.013 adopted 6/14/10; Ordinance 2018-15 adopted 8/13/18)
§ 40 Preservation of Site Assets.
40.1
New Development.
When developing any new lot, tract, or parcel for any subdivision or development containing improvements, the following steps shall be taken to preserve on-site assets:
A.
Suitable available topsoil and desirable existing trees,
B.
Shrubs and ground cover shall be preserved and protected where practicable.
C.
Topsoil which is suitable and needed for later use in finished grading shall be stripped from areas to be occupied by structures, parking areas, streets and driveways, and from areas to be regraded or disturbed. The owner or developer shall store the suitable and needed topsoil on the site in convenient places for future use and maintain the site free of debris during construction.
(Ordinance 2010.013 adopted 6/14/10; Ordinance 2018-15 adopted 8/13/18)
§ 41 Exterior Wall Requirements.
41.1
Minimum Construction Standards.
When developing any new lot, tract, or parcel for any subdivision or development containing improvements, the following steps shall be taken to preserve on-site assets:
A.
Construction Materials.
or [On] residential dwellings, the minimum exterior wall standards of the entire structure shall be of fire resistant construction, having a minimum of eighty percent (80%) brick, face brick veneer, stone or stucco.
1.
Measurements to be inclusive of doors and windows. Window or door on wood wall counts as wood. Window or door on brick wall counts as brick.
2.
Special designs that constitute a variance will be referred to the Zoning Board of Adjustments for new home only.
3.
No duplication of outside design or flip over floor plan shall be approved within eight hundred feet (800') of an existing house in any direction in recorded subdivisions.
4.
Contractors, owners or their agents of proposed residential, commercial or public buildings wanting to make use of metal construction, tilt up concrete, panes or concrete masonry units may apply for a variance from the Zoning Board of Adjustment.
B.
Chimneys and Fireplaces.
Chimneys serving wood burning freestanding fireplaces, fireplace stoves, fireplace stove room heaters, masonry fireplaces shall be constructed of brick, face brick veneer, stone, or stucco.
C.
Exhaust Ducts.
Exhaust ducts serving gas heating appliances shall be metalbestos or equal double wall construction. Installation shall be in strict accordance with manufacturers recommendations. Metal chimneys above exterior rooflines if painted will be painted with fire retardant paint. System installed on exterior walls will be required to be enclosed with brick, face brick veneer, stone or stucco construction.
41.2
Special Requirements.
Exterior to commencing with construction, the foundation plans for each new residence, commercial, or public building shall be approved and stamped by an architect or structural engineer approved by the State of Texas. This requirement will be completed prior to issuing a building permit. Under no circumstance will the finished floor slab be less than 9" above final grade, or as required by the Floodplain Ordinance.
41.3
Grade Survey.
Prior to issuing a building permit, a grade survey will be required which shows a positive drainage and responsible water flow away from the main structure and adjoining homes. Each lot owner will be responsible for insuring the drainage from that lot is channeled to the street or normal drainage areas.
41.4
No Building Permits Issued.
No building permit will be issued on any construction unless the plans submitted to the building official reflect compliance with construction standards provided in this section.
41.5
Non-Compliance Unlawful.
A person commits an offense if the person undertakes construction in non-compliance with the minimum construction standards provided in this section.
(Ordinance 2010.013 adopted 6/14/10; Ordinance 2018-15 adopted 8/13/18)
§ 42 Wind Energy Systems.
42.1
Purpose.
The purpose of the City of Ovilla’s Wind Energy Systems Overlay District is to promote the safe, effective, and efficient use of Wind Energy Systems installed for on-site production and personal consumption of electricity.
42.2 ANSI Certificate of Operation dB(A) DB(x) Decibel
Generator or Alternator: Inspection: Watt Hour: Kilowatt Hour: Sound Pressure Sound Pressure Level Threshold of Hearing or TOH Tower Height Turbine Utility Grid Wind Energy System Type 1 - Residential Wind Energy System Type 2 - Commercial Wind Energy Systems
Definitions.
means the American National Standards Institute. ANSI coordinates the development of voluntary consensus standards in the United States. The Institute oversees the creation, promulgation, and use of thousands of norms and guidelines that directly impact homes and businesses in nearly every sector.
is a document that is issued by the City’s Director of Public Works or their Agent that authorizes the applicant to operate their Wind Energy System.
means the sound pressure level in decibels. The (A) refers to the weighted response scale as defined by ANSI and designed as a method for weighting the frequency spectrum to mimic the human ear.
means the sound pressure level in decibels with a flat response from 10 Hz to 10,000 Hz. It is intended to measure those sounds outside of the dB(A) weighting scale that are still considered annoying to the resident, the community, or the potential safety of nearby residents. See table B-1 below.
is the sound intensity I expressed in decibels above the standard threshold of hearing (TOH) I0 . The expression is
 |
and is used to express the magnitude or relative change in sound pressure and/or sound intensity referenced to an ambient or some baseline level. |
* A 3dB change is a 2X (2 times) change in audio level. |
* A 6dB change is a 4X (4 times) change in audio level. |
* A 9dB change is an 8X (8 times) change in audio level. |
* A10dB change is a 10X (10 times) change in audio level. |
* A 20dB change is a 100X (100 times) change in audio level. |
Usually but not limited to an electro-mechanical device sized for specific use and used for the production of electricity. See Turbine.
A regular and/or periodic assessment of the Wind Energy System for the purpose of code compliance, operation and safety.
The watt-hour (symbolized Wh) is a unit of energy equivalent to one watt (1 W) of power expended for one hour (1 h) of time. The power consumption of energy in homes and businesses is usually measured in kilowatt-hours. Each 1000 watt-hours of energy consumed is equal to one kilowatt-hour.
The kilowatt-hour (symbolized kWh) is a unit of energy equivalent to one kilowatt (1 kW) of power expended for one hour (1 h) of time.
is the amplitude of the sound energy when transmitted through a unit area in a specified direction. The pressure of the sound can be measured using a receiver device such as a sound pressure meter.
means the sound pressure mapped to a logarithmic scale with reference to noises typically found within a community, and reported in decibels (dB). See Table B-2 below.
shall be the lowest audible signal perceptible by a person without the use of mechanical or electrical devices.
shall mean the sum of the height above grade of the fixed portion of the tower or structure or supporting method used to support the turbine, plus, the maximum vertical height of the wind turbine blades, casings, or vane, whichever is higher.
shall mean all the integral parts of a Wind Energy System used for the production of electricity, including the blades, generator or alternator, casings, governors, and vane.
shall mean a Wind Energy System that was designed, built and certified to transmit excess electricity back to the electric utility grid.
shall mean a wind energy conversion system that converts wind energy into electricity through the use of a wind turbine, a tower, and associated control or conversion electronics having a rated capacity of not more than that specified in Table E-1.
designed to generate more electricity than permitted in Table E-1 or what is necessary for on-site consumption by the consumer.
Table B-1. Sound Pressure Levels Relative to dB(x) flat response.  |
Table B-2: Examples of Sound Pressure as related to familiar sounds. | |||
|---|---|---|---|
Example Noise Source | Intensity | Intensity Level | # of Times Greater Than TOH |
Threshold of Hearing (TOH) | 1*10-12 W/m2 | 0 dB | 100 |
Rustling Leaves | 1*10-11 W/m2 | 10 dB | 101 |
Whisper | 1*10-10 W/m2 | 20 dB | 102 |
Mosquito Buzzing | 1*10-8 W/m2 | 40 dB | 104 |
Normal Conversation | 1*10-6 W/m2 | 60 dB | 106 |
Busy Street Traffic | 1*10-5 W/m2 | 70 dB | 107 |
Vacuum Cleaner | 1*10-4 W/m2 | 80 dB | 108 |
Large Orchestra | 6.3*10-3 W/m2 | 98 dB | 109.8 |
Walkman at Maximum Level | 1*10-2 W/m2 | 100 dB | 1010 |
Front Rows of Rock Concert | 1*10-1 W/m2 | 110 dB | 1011 |
Threshold of Pain | 1*101 W/m2 | 130 dB | 1013 |
Military Jet Takeoff | 1*102 W/m2 | 140 dB | 1014 |
Instant Perforation of Eardrum | 1*104 W/m2 | 160 dB | 1016 |
42.3
Specific Use Permit.
A.
Type 1:
Wind Energy Systems shall be permitted by Specific Use permit in all zoning classifications where residential structures are permitted, subject to the recommendations and regulations set forth. The procedures for consideration of an application for a Specific Use permit are be as specified in the Comprehensive Zoning Ordinance, Article 4, Section 27.
B.
Type 2:
Utility Grid Wind Energy Systems shall be permitted by Specific Use permit in all Commercial and Industrial zoning classifications where residential structures of any sort are not allowed. The procedures for consideration of an application for a Specific Use permit shall be as specified in Article 4, Section 27 of the City’s Comprehensive Zoning Ordinance.
42.4
General Regulation and Requirements.
The following general regulations apply to all Wind Energy Systems located within any zoning district. Pre-existing Wind Energy Systems lawfully in existence at the time of the enactment of this Ordinance shall be required to meet the requirements established herein should any part of the pre-existing system require replacement.
A.
Wind Energy Systems.
“Type 1” Systems are permitted within residentially zoned areas of the City. “Type 2” Systems can be installed in Commercial or Industrial zoned areas of the City.
B.
Specific Use Permit Required.
A Specific Use permit must be obtained prior to the construction or installation of a Wind Energy System. An application for Specific Use permit must be accompanied by:
1.
The appropriate permit fee as established in the City of Ovilla’s Code of Ordinances Fee Schedule;
2.
A professional fee escrow deposit of $1000 for the purpose of engineering review, construction compliance, safety, and Certificate of Operation as established in the City of Ovilla Code of Ordinances Fee Schedule;
3.
A site plan of the proposed Wind Energy System at a scale of 1" = 30'. The site plan should be on a single 24" x 36" sheet and include:
a.
A survey and legal description of the proposed Wind Energy System;
b.
A site plan view layout of the proposed Wind Energy System clearly showing:
1)
The proposed location of the System.
2)
All components of the System including:
a)
Generation capability.
b)
Tower rating.
c)
Wind and ice loading ratings.
d)
Underwriter Laboratory Listing.
e)
National Electric Code compliant.
f)
Lightning Arrestor or Protection methods.
g)
Man traps.
h)
Kill switches.
i)
Manufacturers’ specifications for the system and the recommended application for same.
5.
A line drawing of the electrical components of the System in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code. Note that manufacturer’s claims may be insufficient and additional compliance data or material may be requested at the discretion of the City.
6.
Standard installation drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower certified by a licensed professional engineer registered in the State of Texas showing compliance with the Uniform Building Code and structure integrity sufficient to survive Zone D wind and 1" radial ice loading shall also be submitted. Note that manufacturer’s claims may be insufficient and additional compliance data or material may be requested at the discretion of the City.
C.
Construction Standards.
The Wind Energy System must be designed and installed according to the manufacturer’s recommendations that cover the range of winds and ice loads for this region, and include the seal of a professional engineer registered in the State of Texas. Additionally, all components, structures, and constituents of the Wind Energy System shall comply with applicable state and local building codes and the current edition of the National Electrical Code.
D.
Maximum Height.
The tower or supporting structure shall comply with the following:
1.
The maximum height shall not exceed 1:1 aspect ratio from all property lines, setbacks, easements, and commercial power lines. Specifically the tower or structure shall be set back at least 1 foot for each foot in height;
2.
Additionally, no tower height shall exceed the tower height recommended by the manufacturer or the distributor of the Wind Energy System and may not exceed the residential dwelling height; and
3.
Within the FAA zone surrounding any airport, no tower or structure may be taller than that specified by the FAA.
E.
Location and Setback.
The tower structure of a Wind Energy System must be at least 50 feet from any primary structure and may be no closer to the property line than the highest point of the system, including the maximum height of any blades when attached thereto. No part of the Wind Energy System, including blades or guy wire anchors, may extend closer than 10 feet to property line or within any required yard setback.
F.
Primary Structure Required on Lot.
A Wind Energy System may be erected on no less than a one-acre lot only after a primary structure (residential dwelling) has been constructed on the lot. A Wind Energy System may not be constructed on a vacant lot.
G.
Sound Pressure Levels.
Sound Pressure Levels shall not exceed 40 decibels (dBA) between the hours of 7:00 a.m. and 10:00 p.m. and 30 decibels (dBA) between the hours of 10:00 p.m. and 7:00 a.m. as measured from the most offending property line (usually from a point downwind).
H.
Lights.
All lighting not required by the FAA is prohibited.
1.
When obstruction lighting is required by the FAA, such lighting shall not exceed the minimum requirements of said agency.
2.
A tower structure may be artificially lighted ONLY with steady-burning red obstruction lights (FAA type L-810) or flashing red obstruction lights (FAA type L-864) flashing no faster than 20 flashes per minute.
3.
Flashing red obstruction lights (FAA type L-864) flashing faster than 20 flashes per minute, medium intensity flashing white obstruction lights (FAA type L-865 or L-866), high intensity flashing white lights (FAA type L-856 or L-857) or dual flashing red obstruction lights and medium intensity flashing white obstruction lights (FAA types L-864/L-865) may be used ONLY when the FAA specifies that the specific lighting pattern is the ONLY lighting pattern acceptable to promote aviation safety and refuses applicant’s request for authorization to use the lighting required by the City herein.
4.
Upward lighting, flood lights, seasonal lighting or other lighting not strictly required by the FAA is prohibited.
I.
Signs.
No advertising or other signs shall be allowed on a Wind Energy System.
J.
Prohibited in Easements.
No portion of a Wind Energy System shall be placed in easements unless authorized by the easement holder.
K.
Screening.
A Wind Energy System shall be screened from view from adjoining properties by solid fencing or evergreen plants to a height of at least six (6) feet.
L.
Notice to utility company on grid-interconnected systems.
1.
No grid-interconnected Wind Energy System shall be installed until evidence has been given that the appropriate utility company has been informed of and has conveyed a written consent with the customer’s intent to install a grid-connected customer-owned generator.
2.
Off-grid systems shall be exempt from this requirement. No off grid system may go on grid without compliance with “12A” [L1.] above.
M.
City Building Codes / Safety Standards.
To ensure the structural integrity of a Wind Energy System, the owner of such System must ensure that it is maintained in compliance with all provisions of the City of Ovilla’s building code and zoning regulations. If, upon inspection, the City concludes that a Wind Energy System fails to comply with such codes and regulations and/or constitutes a danger to persons or property, then upon written notice to the owner of the Wind Energy System:
1.
The owner shall immediately shut down the Wind Energy System;
2.
The owner shall have thirty (30) calendar days to bring such System into compliance with applicable standards and request an inspection;
3.
Failure to bring such System into compliance within 30 days shall constitute grounds for dismissing the Certificate of Operation. For a fee, the owner shall have up to 60 additional days to reapply;
4.
After 90 days, failure to bring such System into compliance shall constitute grounds for the removal of the Wind Energy System at the owner’s expense; and
5.
This notice requirement shall not preclude immediate action by the Building Official as allowed by law if public safety requires such action.
N.
Insurance Required.
Owners of any Wind Energy System must show proof of a Personal Excess Liability or Umbrella policy of not less than $1,000,000 liability per turbine device, and, loss coverage insurance that covers the wind turbine and all other Wind Energy System components due to wind, hail, or accidental demise, and such insurance coverage must be maintained at all times. Proof of such insurance coverage must be provided to the City at the time application is made for a building permit.
O.
Contained on Property.
No part of a Wind Energy System may extend beyond the property lines or required building lines of the lot on which the Wind Energy System is located.
P.
State or Federal Requirements.
All Wind Energy Systems must meet or exceed current standards and regulations of the FAA and any other agency of the state or federal government with the authority to regulate Wind Energy Systems. If such standards and regulations are changed, and if the controlling state or federal agency mandates compliance, then the owners of the Wind Energy System governed by this Ordinance shall bring such Wind Energy System into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency.
Q.
Maintenance.
A Wind Energy System shall be maintained at all times, including, but not limited to, mechanical and electrical systems and sub systems, painting, fencing, structural integrity, and landscaping.
R.
Removal of Unsafe Wind Energy System.
Wind Energy Systems that have, due to damage, lack of repair, or other circumstances, become unstable, lean significantly out-of-plumb, or pose a danger of collapse shall be shut down immediately upon notification. If the Wind Energy System is not made safe or removed within 60 days of notification from the City, the City may remove the Wind Energy System and place a lien upon the property for the costs of the removal. However, at the recommendation of the City Engineer, the Director of Public Works may order immediate action to prevent an imminent threat to public safety or property.
S.
Abandonment.
1.
At such time as an owner plans to abandon or discontinue, or is required to discontinue, the operation of a Wind Energy System, such owner must notify the City by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations.
2.
In the event that an owner fails to give notice of intent, the Wind Energy System shall be considered abandoned if not operated for a continuous period of twelve (12) months.
3.
Upon abandonment or discontinuation of use, the person who constructed the Wind Energy System or the person who operated the Wind Energy System or the property owner shall physically remove the Wind Energy System within 90 days from the date of abandonment or discontinuation of use. “Physically remove” shall include, but not be limited to:
4.
The owner of the Wind Energy System shall pay all site reclamation costs deemed necessary and reasonable to return the site to its pre-construction condition.
5.
If a party as stated in Subsection C [3] herein fails to remove a Wind Energy System in accordance with this Section, the City shall have the authority to enter the subject property and physically remove the “System”. Costs for the removal of the “System” shall be charged to the landowner of record in the event the City must remove it and the City may place a lien on the property for such costs of removal.
6.
Failure to remove an abandoned Wind Energy System as required by this Section shall constitute a violation and be subject to the penalties prescribed herein.
42.5
Wind Energy System Sizing Guidelines:
A Wind Energy System should be sized to meet the needs of the resident. A typical home may consume from 1000 kWh to upwards of 8000 kWh in a month, and is variable with the seasons, dependent on the construction methods used to build the home, and the consumer’s personal demand. It is recommended that a Wind Energy System should be sized to meet no more than the average demand of the applicant. The applicant’s power bill or that of a neighbor can be used to baseline the monthly kWh average. Sizing of the generator’s hourly output in kWh is determined by dividing the average monthly consumption by 720 (720 = 24 hours in a day times 30 days in a month). Proposed systems that are larger than what is recommended in Table E-1 may require consideration beyond a typically sized system. For this reason an applicant desiring to install a system that has a generation capability greater than 5000 kWh per month requires pre-approval by the City Engineer and Director of Public Works.
Resident Monthly Average Consumption in kWh | Capacity for 50% of residential average need kW | Capacity for 75% of residential average need kW | Capacity for 100% of residential average need kW | Capacity for 150% of residential average need kW |
|---|---|---|---|---|
1000 | 0.7 | 1.0 | 1.4 | 2.1 |
2000 | 1.4 | 2.1 | 2.8 | 4.2 |
3000 | 2.1 | 3.1 | 4.2 | 6.2 |
4000 | 2.8 | 4.2 | 5.5 | 8.3 |
5000 | 3.5 | 5.2 | 6.9 | 10.4 |
Table E-1: Relative power generation Capacity per hour for average need. |
|---|
****Note: The Italicized ratings require pre-review and approval of the City Engineer prior to submission |
[1]
Editor’s note–Renumbered for sequence.
(Ordinance 2010.013 adopted 6/14/10; Ordinance 2018-15 adopted 8/13/18)