Pantego City Zoning Code
ARTICLE 14
10 DEVELOPMENT STANDARDS
§ 14.10.005 Purpose.
(a)
The town design guidelines are intended to provide supplemental regulations or design standards pertaining to all uses, in order to provide for a clean, visually appealing and cohesive design element along the designated primary roadways in support of the town comprehensive plan. Therefore, the purpose of the regulations in this division is to provide criteria to be used by the town council, planning and zoning commission and zoning administrator when evaluating the appropriateness of proposed development and redevelopment in the town.
(b)
Further, these provisions are established to achieve, among others, the following:
(1)
Strengthen, protect, enhance and improve the existing visual and aesthetic character of the town, and to prevent the creation or perpetuation of nuisances or blight in the town.
(2)
To ensure that each new development and redevelopment project will be both functional and attractive.
(3)
To protect and improve property values.
(4)
To foster and encourage creative application of design principles.
(5)
To ensure that these objectives are achieved through an impartial review process which assures that each proposal complies with these guidelines.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.010 Applicability.
With the exception of one- and two-family zoning districts, all regulations of this design guidelines section shall apply to and control property development as identified on the town’s official zoning map. However, in the case of conflict between the provisions of a specific design guideline and other regulations established in this zoning chapter, the provisions of this section shall prevail. The adoption of these design guidelines shall not have any effect on a previously approved permit, certificate or planned development approval during the period of validity of such approval.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.015 Certificate of compliance.
No new construction or no minor or major building improvements, as identified below, may be made to any property within an area designated for design guidelines, and no building permits shall be issued, until a certificate of compliance has been issued by the zoning administrator.
(1)
Minor building improvement.
(2)
Major building improvement.
(A)
New construction;
(B)
Excavation or fill;
(C)
Demolition, except where it qualifies as a minor building improvement;
(D)
Signs, awnings and related hardware;
(E)
Modifications to any facade that is visible from any public right-of-way (25% or more of any facade);
(F)
Substantial expansion of existing principal structures (50% or more of the gross floor area);
(G)
All other improvements not determined to be minor building improvements by the zoning administrator.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.020 Design guideline standards.
The following standards shall apply to the design and appearance of all new construction or building renovation (other than for one- or two-family residential structures). As a consideration, during any site plan review, the planning and zoning commission shall determine if the proposal complies with the following standards:
(1)
Building scale and massing.
(A)
Building height.
All buildings in the district shall conform to the district in which it is situated as measured from the grade line at the midpoint of the facade to the highest point of the building.
(B)
Horizontal design.
(i)
A building’s vertical and horizontal dimensions shall be in proportion to one another without over emphasis of either dimension.
(ii)
Horizontally long buildings shall be visually broken up through the use of recesses or setback variations, architectural detailing, various roof heights and application of compatible building materials to cause the facade to appear as a series of proportionally correct masses.
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(iii)
Neighboring structures shall influence the placement of the common horizontal elements (e.g., cornice line and window height, width, and spacing) on new or infill structures.
(C)
Vertical design.
(i)
Changes in vertical mass shall be used in an architecturally appropriate way to reduce the appearance of building height and bulk. The articulation of a base, middle, and top of the building shall be required.
(ii)
Tall single story buildings should be articulated and include fenestration and detailing that is consistent with the horizontal and vertical proportions of the building.
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(D)
Roofs.
(i)
Roof forms shall be consistent with the architectural style and proportions of the building. Types of roofs are identified below:
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(ii)
Mansard roofs shall be reserved for use on buildings of at least three stories in height.
(iii)
Gambrel roofs shall be prohibited.
(iv)
Flat roofs with dimensional cornices or modest parapets that break up the flat roofline shall be permitted.
(v)
Full projection or cantilevering of the upper portions of a flat roofed structure shall be prohibited.
(vi)
Facade extensions or parapets may be used on flat roofed structures to create variation and screen rooftop equipment. The following standards shall apply to faced extensions or parapets:
a.
Facade extensions and/or parapets shall be included in the measurement of total building height and exterior wall height and shall not be more than one quarter (1/4) of the total building height or six foot (6') whichever is less.
b.
Faced extensions and/or parapets shall be applied in a consistent manner to all visible facades of a structure to create a consistent and intentional screen for rooftop equipment without the appearance of a veneer or a flat wall extended beyond the roof form when viewed in profile.
c.
Exceptions may be made by the town for rear facades that are not visible from public spaces or residential areas.
(vii)
When a shed roof is used at the primary or sole roof form it shall slope away from the property’s frontage. Shed roofs as a primary roof form is prohibited on buildings located on corner lots.
(F)
Materials.
(i)
Permitted materials.
a.
All buildings shall have an exterior surface, or cladding of fifty percent (50%) of the visible facade, not including fenestration, of a permitted primary material.
b.
The total area covered by permitted primary materials shall be calculated from the area of the visible plane measuring the area from grade to upper building limits, exclusive of the area occupied by visible roof surfaces.
c.
Permitted primary materials shall be as defined in table 14.10.020 permitted materials below.
(ii)
Accents and detailing.
a.
Accent materials shall be applied to a maximum of twenty-five percent (25%) of the facade surface, not including fenestration.
b.
Detailing, trim, windows, doors, and glazing may constitute the remaining area of the facade not occupied by the primary or accent material.
c.
All accents and details shall be permitted as defined in table 14.10.020 permitted materials on the following page.
Table 14.10.020 Permitted Materials | ||
|---|---|---|
Material | Facade | |
Primary | Secondary | |
Brick | P, A, T | P, A, T |
Natural stone | P, A, T | P, A, T |
Brick veneer | A, T | P, A, T |
Stucco | P, A | P, A |
Wood | A, T | P, A, T |
Fiber cement (clapboard, shingles, scallops, etc.) | A, T | P, A, T |
Cast stone | P, A, T | P, A, T |
Aluminum siding | X | X |
Decorative concrete masonry Unit | A | P, A |
Cinderblock | X | P, A |
Tilt-up architectural concrete | A | P, A |
Metal trim and/or flashing | A, T | A, T |
PVC/vinyl | A, T | A, T |
Terra-cotta | A, T | A, T, R |
Glazed brick or glass tile | A, T | A, T |
Cast or wrought metal | A, T | A, T |
Standing seam metal (aluminum, copper, steel) | R | R |
Slate | R | R |
Asphalt or fiberglass | R | R |
Key: P - Permitted; A - Accent; T - Trim; R - Visible Roofing; X - Prohibited |
(iii)
Prohibited materials.
Exterior materials that are prohibited include vinyl, aluminum or steel siding, corrugated steel, and highly reflective materials such as mirrored glass or chrome, or fully glazed facades.
(G)
Colors.
(i)
Permitted.
The preferred base colors used on new or renovated buildings should be the natural color of the material in the case of brick or stone, of a neutral muted palette, deep saturated hues, or muted pastels and whites. Brighter more vivid colors should be reserved for accents.
(ii)
Prohibited.
Fluorescent, neon, day-glow, or reflective colors shall not be used in the construction of a new building or renovation of an existing building.
(H)
Mechanical equipment.
(i)
The materials, colors, and finishes used for screening (as required in section 14.10.210 “screening requirements”) roof top mechanical equipment and other surface equipment shall be consistent with the primary structure and, to the extent practicable; such screening shall be designed as an integral part of the architecture of the building.
(ii)
Mechanical equipment, waste receptacles, and other similar appurtenant or accessory structures shall be located to minimize the impact on the building and on surrounding parcels.
(2)
Interpretive illustrations for design guidelines.
The planning and zoning commission may request the preparation of illustrations and drawing which demonstrate the design review criteria in this section. Such illustrations or drawings may include, but not be limited to: plan views, site plans, renderings, or photo simulation.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.105 Purpose and intent.
Landscaping, when properly designed, installed and maintained, enhances aesthetics, conserves property values, fosters a pedestrian friendly environment and protects the character of the town. Therefore, landscaping is hereafter required of all new development.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.110 Scope.
The standards and criteria contained within this division 2 are deemed to be minimum standards. With the exception of one- and two-family zoning districts, these requirements shall apply to all new developments; and existing developments that require building permits for additions and exterior alterations shall meet these requirements to the furthest extent practical. The provisions of this division 2 shall be administered by the zoning administrator. The zoning administrator shall determine the extent of required upgrades for existing developments on a case-by-case basis depending on unique circumstances and existing conditions. These regulations may be waived only if there will be no adverse impact on current or future development and will have no adverse impact on the public health, safety, and general welfare.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.115 Permits.
No permits shall be issued for any nonresidential, mixed use or multifamily development until a detailed landscape plan is submitted as part of a site plan as required in article 14.09 “development site plan review.” A landscape plan shall be prepared by a registered landscape architect; however this requirement may be waived by the zoning administrator for permits within existing developments. Prior to the issuance of a certificate of occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the approved landscape plan.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.120 Maintenance.
The owner, tenant and/or their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include, but not to be limited to, mowing (of grass of six inches (6") or higher), edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials which die shall be replaced with plant material of similar variety and size, within ninety (90) days. A time extension may be granted by the zoning administrator if substantial evidence is presented to indicate abnormal circumstances beyond the control of the owner or his agent. Failure to maintain any landscape area in compliance with this section shall result in a violation, which could result in citations, fines and/or revocation of any issued certificate of occupancy associated with the occupancy of said area.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.125 General standards.
The following criteria and standards shall apply to all landscaping, landscape materials, and installation intended for multifamily residential and nonresidential development:
(1)
Development should be sensitive to its natural surroundings. The natural contours should be followed to the greatest extent possible to minimize grading. Graded slopes should be rounded and contoured to blend with the terrain.
(2)
Develop attractive landscaping by incorporating the following criteria:
(A)
Reduce clutter of little plants and disorganized planting.
(B)
Establish patterns/spacing of trees to provide a visual rhythm, linear edge, and organization.
(C)
Use a limited range of tree species to provide a unified image and cohesive character for comprehensive developments.
(D)
Use specialty-landscaping themes to help distinguish special areas/developments.
(E)
Use landscaping selectively to soften harsh appearance of some buildings and parking lots at sidewalks edge.
(3)
Nonliving organic landscaping materials such as wood chips and mulch should be used in, around, and under trees, shrubs, and other plants. Rock, crushed granite and gravel may be considered as part of a comprehensive design theme, meeting aesthetics and functional criteria.
(4)
Small shrubs placed along street frontage and in visibility triangles shall be trimmed to a height no greater than three feet (3'). Ornamental trees shall be trimmed from the base up to a minimum height of three feet (3').
(5)
During the months of June through August, only containerized trees may be planted, unless the zoning administrator authorizes an alternative.
(6)
Grass seed, sod and other materials shall be clean and reasonably free of weeds and noxious pests and insects.
(7)
Ground shall be prepared in a manner consistent with accepted planting procedures prior to the installation of sod, grass seed or other materials.
(8)
Concrete, metal and other durable edging shall be provided between planting beds and other landscaped areas. Plastic, rubber or nondurable edging shall be prohibited.
(9)
Grass areas shall be sodded, plugged, sprigged, hydro-mulched, or seeded, except that solid sod shall be used on slopes and in swales or when necessary to prevent erosion. Grass areas shall be established with complete coverage within a six (6) month period from planting, and shall be re-established, if necessary, to ensure grass coverage of all areas.
(10)
Grass or ground cover planted in the street landscape setback shall extend to the street pavement or curb.
(11)
Ground cover used in-lieu-of grass shall be planted in such a manner as to present a finished appearance and reasonable completed coverage within one (1) year of planting.
(12)
All landscaped areas shall be irrigated in accordance with the requirements of this section. Natural areas or areas identified as “no disturbance zones” need not be irrigated.
(13)
Earthen berms with small vertical differentials may have side slopes not to exceed three-to-one (4 feet of horizontal distance for each 1 foot of height). Earthen berms with larger vertical differentials shall be coordinated with the town engineer for appropriate slope criteria. All berms shall contain necessary drainage provisions and be approved by the town engineer.
(14)
The town has final approval for the placement of all trees. With the exception of street trees, trees shall be planted as far away from public utility lines as possible while still within the required landscape area, unless approved by the zoning administrator and town engineer. If approved, alternative-planting methods, such as the use of root barriers, may be required.
(15)
All landscaping shall be maintained in a healthy and live-growing condition at all times. The following landscaping maintenance note shall be placed on each landscape plan:
“Landscaping maintenance: The property owner, tenant or agent, shall be responsible for the maintenance of all required landscaping in a healthy, neat, orderly and live-growing condition at all times. This shall include mowing, edging, pruning, fertilizing, irrigation, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds and other such materials not a part of the landscaping. Plant materials that die shall be replaced with plant materials of similar variety and size.”
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.130 Irrigation.
(a)
All landscaping required by this division shall be irrigated by an underground automatic system that may include a drip irrigation system. This system shall adhere to the manufacturers’ specifications and the rules and regulations established by the town.
(b)
An irrigation system must be designed by an irrigator licensed by the state.
(c)
All irrigation systems shall be designed, installed, maintained, altered, repaired, serviced, and operated in a manner that will promote water conservation.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.135 Parking lot landscaping.
(a)
Landscape features or other visual barriers between all parking areas and a side or rear lot line of an adjoining residential district shall be required. Landscaping shall also be required around the perimeter of parking areas and when adjacent to a public street.
(b)
In all nonresidential and mixed use districts, open off-street parking may be located in a required front yard provided street landscape setback is in place. In all districts, off-street parking facilities may occupy the required side and rear yard, but not within a required buffer yard.
(c)
Parking areas containing more than six thousand square feet (6,000 ft2) of area or twenty (20) or more vehicular parking spaces, whichever is less, shall provide interior landscaping of the peninsular or island types of uncompacted, well-drained soil as well as perimeter landscaping. For each one hundred square feet (100 ft2) or fraction thereof of parking area, at least ten square feet (10 ft2) of contiguous landscape area shall be provided.
(d)
Interior landscape requirements:
(1)
Minimum area.
The minimum landscape area permitted shall be sixty-four square feet (64 ft2) with a four foot (4') minimum dimension to all trees from edge of pavement where vehicles overhang.
(2)
Landscaped medians or islands with raised curbs.
Landscaped medians or islands with raised curbs shall be used to define parking lot entrances; the ends of all parking aisles; the location and pattern of primary internal access driveways; and to provide pedestrian refuge areas and walkways.
(3)
Lot islands.
No more than ten (10) consecutive parking spaces shall be allowed without the interruption of a lot island. Lot islands shall be a minimum of nine foot (9') by twenty foot (20') which is the size of a typical parking space. Parking lot aisles should be terminated in a lot island. At least one (1) tree (minimum three inch (3") caliper) shall be planted in each lot island.
(4)
Basins.
Natural or landscaped detention basins may count toward the minimum square footage landscaping requirements when the basins are in the front or side yards.
(5)
Vehicle overhang.
Parked vehicles may hang over the interior landscaped area no more than two and one-half feet (2-1/2'). Concrete or other wheel stops shall be provided to ensure no greater overhang or penetration on the landscaped area.
(6)
Joint use of parking areas is encouraged.
The planning and zoning commission may permit parking to extend to the side or rear property line in the case of a joint parking area. The commission may modify the foregoing requirements in specific cases where desirable or warranted, owing to unusual topography, physical conditions and the use and character of adjacent properties.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.140 Buffer yards and street landscape setbacks.
(a)
Buffer yards shall be included in the design of all developments that are adjacent to incompatible uses. Buffer yards shall be located within and along the outer perimeter of a lot or boundary line and entirely on private property. Buffer yards shall be a minimum of ten feet (10') wide, but may be required to increase based on particular circumstances. Only those structures used for buffering purposes shall be located within a buffer yard. The buffer yard shall not include any paved area, except for pedestrian sidewalks or paths or vehicular drives that may intersect the buffer yard and which shall be the minimum width necessary to provide pedestrian or vehicular access. Trees (minimum of one (1) every twenty-five feet (25')), shrubs, and ground cover shall be planted in the buffer yard by the developer or owner of the developing property.
(b)
Street landscape setbacks shall be required along all property lines that have frontage on a public street. A minimum street landscape setback of ten feet (10') shall be required along all public streets. Only those structures used for buffering purposes shall be located within a buffer yard. The street landscape setback shall not include any paved area, except for pedestrian sidewalks or paths or vehicular drives that may intersect the buffer yard and which shall be the minimum width necessary to provide pedestrian or vehicular access. Signs may be included in the street landscape setback area. Trees (minimum of one (1) every twenty-five feet (25')), shrubs, and ground cover shall be planted in the buffer yard by the developer or owner of the developing property.
(c)
Curbing or other protective devices or barriers shall be installed to protect landscape buffer strips and street landscape setbacks from vehicular encroachment. In order to accommodate drainage, curbing does not have to be continuous. No automobile or other type of vehicle shall be driven on any landscape buffer strip or street landscape setback.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.205 Fence requirements.
(a)
One- and two-family residential zoning districts.
(1)
All fences shall be kept in good repair and shall not create urban blight. Dilapidated fences shall be repaired or replaced in accordance with provisions of this chapter. Fences may be painted or stained with natural wood colors. No bright unnatural colors are allowed.
(2)
Fences shall be permitted along the side or rear lot lines, to a height of not more than eight feet (8'), but no fence shall be permitted to extend past the front edge of the main building or in a required front yard.
(3)
Fences for nonresidential uses allowed in residential districts, such as schools, shall be ornamental metal, masonry or a combination thereof. No wood or chainlink fencing shall be allowed unless specifically approved on a site plan by the planning and zoning commission.
(4)
No barbed wire or electrical fencing shall be allowed that is visible and/or accessible from the public way.
(5)
Wood fences shall have the finished side facing the abutting right-of-way when visible from the public way. All fence posts and structural components shall be placed on the interior of the lot.
(6)
The location of fences for double frontage lots or corner lots adjacent to a street shall be in accordance with the building setback line as shown on the final plat. If a property is not platted or building line is not shown, the location of fences shall comply with the building setback requirements of the zoning district in which the property is located. The setback may be reduced to five feet (5') from the property line, if the lot backs up to the rear property line of another lot.
(b)
Multifamily and nonresidential districts.
(1)
All fences shall be kept in good repair and shall not create urban blight. Dilapidated fences shall be repaired or replaced in accordance with provisions of this chapter.
(2)
All fencing for multifamily and nonresidential districts shall be shown on the site plan for the development and be approved as part of the site plan approval.
(3)
Fencing shall be constructed of wrought iron, tubular steel, masonry, live screening, or a combination thereof.
(4)
Wood, barbed wire, or chainlink fencing is prohibited unless specifically requested on a site plan and, after recommendation from the planning and zoning commission, approved by the town council. When a site plan is not applicable, the zoning board of adjustment (ZBA) may consider variances to this requirement. Existing wood fencing may be maintained or replaced with cedar or redwood materials, but may not be reinstalled if removed for more than thirty (30) days.
(5)
Fencing shall not exceed eight feet (8') in height unless specifically approved on a site plan by the town council after recommendation from the planning and zoning commission.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.210 Screening requirements.
(a)
Screening wall construction.
(1)
Screening walls shall be constructed as follows:
(A)
Shall be constructed of masonry material such as brick, stone, concrete panels, or similar materials consistent in material, finish, and color with the primary buildings within the development or adjacent buildings or screening walls in the area. Split faced brick construction may be used with surface texturing, so long as it is not grey in color. Stamped concrete may also be used.
(B)
Screening walls shall be a minimum of six foot (6') in height, but an eight foot (8') wall may be required if circumstances require.
(C)
The wall finish shall be consistent on both sides.
(D)
Smooth-face concrete masonry units (i.e. haydite blocks) shall not be permitted as construction material for screening.
(E)
The screening wall or device shall be designed and constructed to prevent any drainage or erosion problems.
(2)
Screening wall plans are required to be submitted to the town for review and permitting and shall be signed and sealed by a structural or civil engineer licensed by the state.
(b)
Separation of properties and districts.
(1)
Screening walls are required between nonresidential or multifamily developments and one- or two-family residential uses or zoning districts unless an open yard distance of two times the height of the nonresidential or multifamily building can be attained on the nonresidential or multifamily property. The responsibility for construction of the screening wall is with the multifamily or the nonresidential development.
(2)
Screening walls are also required between multifamily and nonresidential uses or zoning districts. The responsibility for construction is with the nonresidential use.
(3)
The owner of the property with the required screening shall be responsible for the maintenance of the screening in a structurally sound condition. This provision does not relieve abutting property owners of liability for damage caused by such owners or his affiliations.
(c)
Trash, refuse and recycling container screening.
(1)
Trash, refuse and recycling containers shall be screened from the view of public way and adjacent property owners in all districts.
(2)
Commercial-type dumpsters, recycling containers, etc. shall be screened from view on three sides with a screening wall and on the fourth side shall be installed opaque gates. The screening wall shall be a minimum of six feet (6') tall, and must extend at least two feet above the height of the container, so long as it does not exceed eight feet (8') in height.
(3)
In case the visual screening required above cannot be achieved due to topographic differences between abutting properties, or between the property and the abutting street, the developer or owner may appeal to the board of adjustment for a special exception.
(d)
Nonresidential and multifamily development screening.
(1)
Outside storage areas on nonresidential properties shall require screening walls to be installed that do not allow view of said area from any public way or adjacent property. Storage of material shall not exceed the height of the screening wall.
(2)
Exposed conduit, ladders, utility boxes, stack pipes and drain spouts shall be painted to match the primary color or color sequence to aid in blending with the color of the building.
(3)
Electrical transformers, gas meters and other service areas shall be screened from view of a public street or adjacent property.
(4)
HVAC equipment on the roof shall be screened so that they are not visible from the street or the boundary of the abutting property. However, the screening of pieces of equipment individually shall not be allowed.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.305 Purpose.
The purpose of these parking and loading requirements is to prevent or alleviate the congestion of the public street, to minimize any detrimental effects of parking lots on adjacent properties, to enhance parking lots with landscape elements, to improve traffic circulation and to promote the safety and welfare of the public.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.310 Minimum parking requirements.
(a)
Spaces required.
In all districts there shall be provided at the time any building or structure is erected or structurally altered or a certificate of occupancy is issued thereon, off-street parking in accordance with the requirements of tables 14.10.310 and 14.10.330.
(b)
Parking plan required.
For any off-street parking area required under this division 4, off-street parking and loading requirements of twenty (20) spaces or more, a plan shall be submitted to the zoning administrator to review for compliance with these regulations. Any such parking plan shall show, to scale, as a minimum:
(1)
The total number of parking spaces;
(2)
Arrangement of parking aisles;
(3)
Location of driveway entrances;
(4)
Provisions for vehicular and pedestrian circulation;
(5)
Location or typical location of sidewalks, wheel stops, lighting and curbs on or adjacent to the parking lot, location of utilities, barriers, shelters, and signs;
(6)
Location of landscaped areas and the types and location of vegetation to be planted in them;
(7)
Typical cross sections of pavement[;]
(8)
Stormwater drainage facilities; and
(9)
Any other relevant information requested by the zoning administrator.
(c)
Rules for interpretation.
In computing the number of such parking spaces required, the following rules shall govern:
(1)
“Floor area” shall mean the gross leasable floor area designed for tenant occupancy.
(2)
Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.
(3)
The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature as required by the zoning administrator or planning and zoning commission.
(4)
In the case of mixed or joint uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately, unless the allowances in section 14.10.320 apply.
Table 14.10.310 Schedule of Off-Street Parking and Loading Requirements | ||
|---|---|---|
Schedule of Off-Street Parking and Loading Requirements | ||
Residential Uses | Off-Street Parking Formula | Off-Street Loading Formula (see section 14.10.340) |
Bed and breakfast | * Two spaces for owner + one space for each guest room. | * None required. |
Child-care facility (in-home) | * See one-family detached dwelling. | * None required. |
In-law suite | * One space in addition to the requirement of the single-family dwelling. | * None required. |
Multifamily dwelling | * Two spaces for each dwelling unit + one additional space for each 5 dwelling units for visitor parking. | * None required. |
Nursing/convalescent home or assisted living facility | * One space for each two resident rooms + one additional space for every 5 resident rooms. | * 1 space required. |
One-family attached and one-family detached dwelling | * Two spaces for each dwelling. | * None required. |
Two-family dwelling | * Two spaces for each dwelling. | * None required. |
Commercial and Industrial Uses | Off-Street Parking Formula | Off-Street Loading Formula |
|---|---|---|
Adult entertainment establishment | * One space for each 200 sq. ft. of gross floor area. | * None required. |
Alcoholic beverage establishment | * One space for every three seats or one space for each 75 sq. ft. of floor area, whichever is greater. | * None required. |
Automobile/recreational vehicle storage | * One space for every 10 rental spaces plus two spaces for the office. | * None required |
Automobile repair | * Two spaces for each service bay + two spaces for every two fuel pumps, if applicable. | * None required. |
Automobile - sales and service | * Two spaces for each closing room + one space per each 500 square feet of floor area. | * None required. |
Bank/credit union | * One space for each 200 sq. ft. of floor area + four stacking spaces for each drive-in service window. | * None required. |
Building material/hardware sales | * One space for 400 sq. ft. of net floor area. | * 1 space required if square footage exceeds 20,000 square feet. |
Call center | * One space for each seat | * None required |
Carwash (full service) | * Three stacking spaces for each automated carwash lane. | * None required. |
Carwash (self service) | * Two stacking spaces for each stall + two drying spaces for each stall. | * None required. |
Child-care facility/day service, adult | * One space for each 200 square feet of floor area plus sufficient space for child drop-off/loading area. | * None required. |
Commercial recreation | * Generally, one space for each three seats or one space for each 100 sq. ft. of floor area, whichever is greater. * One space for each 50 sq. ft. of pool area including deck. * One space for each 500 sq. ft. of outdoor playground area. * Four spaces per lane for a bowling alley. *Five spaces for each trail head. *Six spaces for each tennis, racquet ball or handball court. *Ten spaces for each basketball court. *Twenty spaces for each baseball, softball or soccer field. | * None required. |
Convenience store | * One space for each 300 sq. ft. of net floor area | * 1 space required. |
Equipment/machinery sales/service/rental | * One space for each 1,000 square feet. | * None required. |
Hall, reception, banquet, meeting | * One space for each three seats or one space per 150 sq. ft. of banquet or meeting gross floor area where fixed seating is not available. | * 1 space required. |
Hotel | * One space for each room + one space for each 200 sq. ft. of lobby space + one space for each 100 sq. ft. of meeting area and/or restaurant space or bar/cocktail lounge. | * 1 space required if banquet, meeting facility or restaurant on premises. |
Manufacturing/processing/ fabrication | * One space for each 500 sq. ft. of manufacturing floor space + one space for each 200 sq. ft. of related office space. | * 1 space required plus one space per 15,000 square feet thereafter. |
Medical clinic | * Two spaces for every two examination rooms plus one space for each 100 square feet of floor area in the waiting area. | * None required. |
Mini-warehouse/self-storage | * One space for every 10 units plus two spaces for the office. | * None required. |
Mixed use development | * The sum of spaces of each use, reduced by 15%. | * 1 space required plus one space per 10,000 square feet thereafter if retail use is part of mixed use. |
Mortuary/funeral home | * One space for each 50 sq. ft. of parlor or chapel space or one per four seats, whichever is greater, but not less than 20 spaces. | * 1 space required. |
Office - administrative/medical/ professional | * One space for each 400 sq. ft. | * 1 space required if office square footage exceeds 20,000 square feet. |
Nursery | * One space for each 800 sq. ft. of indoor/outdoor sales space. | * None required. |
Personal/professional services | * One space for each 300 sq. ft. of gross floor area + one space for each service or fleet vehicle parked on site | * 1 space required if service use square footage exceeds 10,000 square feet. |
Recreational vehicle - sales and service | * Two spaces for each closing room + one space per each 1,000 square feet of floor area. | * None required. |
Restaurant | * One space for each four seats of seating capacity | * 1 space required. |
Retail | * One space for each 400 sq. ft. of gross floor area. | * 1 space required plus one space per 10,000 square feet thereafter. |
Veterinary clinic/kennel | * Two spaces for each examination room + one space per each 300 sq. ft. of laboratory and office floor area. | * None required. |
Warehousing | * One space for each 2,000 sq. ft. of warehouse floor area + one space for each 200 sq. ft. of related office space. | * None required. |
Wholesale establishment | * One space for each 500 sq. ft. of gross floor area. | * 1 space required plus one space per 20,000 square feet thereafter. |
Public and Semi-Public Uses | Off-Street Parking Formula | Off-Street Loading Formula |
|---|---|---|
Church, place of worship | * One space for each three seats or bench seating in the main assembly area. * If an educational institution is part of the church, follow guidelines for respective educational institution requirements. | * None required. |
Club, lodge or fraternal organization | * One space for each 100 sq. ft. of floor area. | * 1 space required if use square footage exceeds 10,000 square feet. |
College, university or vocational school | * Ten spaces for every classroom + one space for every eight seats in any auditorium. | * 2 spaces required plus one space per 20,000 square feet thereafter. |
Hospital | * One space for each bed + one space for each 500 sq. ft. of administrative, office and laboratory space. | * 2 spaces required plus one space per 20,000 square feet thereafter. |
Library | * One space for each 400 sq. ft. of floor area. | * 1 space plus 1 space per 25,000 square feet thereafter. |
Public community or government building | * One space for each 400 sq. ft. of floor area for administrative use + one space for each government vehicle parked on site. * One space for each 800 square feet of indoor maintenance use. | * 1 space plus 1 space per 20,000 square feet thereafter. |
Recreation or park facility | * One space for each 50 square feet of pool area including deck. * One space for each 500 square feet of outdoor playground area. * Four spaces for each 10 acres for unimproved recreation area. * Five spaces for each trail head. * Six spaces for each tennis, racquet ball or handball court. * Ten spaces for each basketball court. * Twenty spaces for each baseball, softball or soccer field. * Forty spaces for each football field. * One space for each 200 square feet of community center square feet | * None required. |
School, primary (pre K–8) | * Two spaces for each classroom + one space for every eight seats in any auditorium and gymnasium. | * 1 space required. |
School, secondary (9–12) | * Ten spaces for every classroom + One space for every eight seats in any auditorium and gymnasium. | * 1 space required. |
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.315 Maximum number of spaces permitted.
In order to prevent excessive lot coverage, the artificial increase in air temperature, and excessive surface water run-off, no minimum off-street parking space requirement in table 14.10.310, schedule of off-street parking and loading requirements, shall be exceeded by more than twenty-five percent (25%) unless good cause can be shown by the applicant and approved by the planning and zoning commission and town council. One- and two-family dwellings and in-law suites are exempt from this provision.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.320 Off-site and joint parking.
All parking spaces required herein shall be located on the same lot with the building or use served. An exception to this may be allowed when an increase in the number of spaces is required by a change or enlargement of use, or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments. In such cases, the required spaces may be located and maintained not to exceed three hundred feet (300') from the nonresidential building served. Approval by the planning and zoning commission and town council must be obtained, provided that the parking area is situated in the same or a less restrictive zoning district than the district in which the building or use served is located.
(1)
Up to fifty percent (50%) of the parking spaces required for (1) theaters, public auditoriums, bowling alleys, or cafes, and up to one hundred percent (100%) of the parking spaces required for a church or school auditorium may be provided and used jointly by (2) adjacent banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those listed in (1); provided however, that written agreement thereto is properly executed and filed as specified.
(2)
In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes, shall be properly drawn and executed by the parties concerned, approved as to form by the town attorney and shall be submitted with the application for a building permit for recording, upon issuance of the certificate of occupancy, in the deed records of the county.
(3)
No off-street parking shall be permitted in the required front yard of any residential district except upon a continuous improved, paved surface and on a driveway providing access to a garage, carport, or parking area or upon a circular drive having two (2) points of street access; provided no vehicle shall be parked nearer than fifteen feet (15') to a street intersection.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.325 Parking lot layout.
Figure 14.10.325 is a diagram of suggested size and dimensions for parking lot layout.
Figure 14.10.325 Parking Lot Layout | |||||||
|---|---|---|---|---|---|---|---|
A | B | C | D | E | F | ||
Parking Stall Angle (in degrees) | Stall Width (in feet) | Length of Stall (in feet) | Aisle Width (in feet) | Width of Access Drive (in feet) | Bay Width (center to center width of two row bay with aisle between in feet) | ||
One-Way | Two-Way | One-Way | Two-Way | ||||
0 | 9 | 23 | 12 | 18 | 20 | 30 | 36 |
30–53 | 9 | 18 | 12 | 20 | 20 | 30 | 56 |
54–75 | 9 | 18 | 16 | 22 | 20 | 34 | 58 |
76–90 | 9 | 18 | 20 | 24 | 20 | 56 | 60 |
 |
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.330 Handicapped parking.
Handicap parking shall be provided by the owner/lessee of a property in accordance with the following criteria:
(1)
Number of spaces:
Total Number of Spaces in Parking Lot | Required Minimum Number of Handicapped Accessible Spaces |
|---|---|
1–25 | 1 |
26–50 | 2 |
51–75 | 3 |
76–100 | 4 |
101–150 | 5 |
151–200 | 6 |
201–300 | 7 |
301–400 | 8 |
401–500 | 9 |
501–1,000 | 2 percent of total |
1,001 and over | 20 plus 1 for each 100 spaces over 1,000 |
(2)
Handicap parking spaces shall be thirteen feet (13') wide and eighteen feet (18') in length. A five-foot (5') portion of the width shall serve as an aisle and loading/unloading area for handicapped persons. Handicap spaces may be located side by side so as to utilize a common five-foot (5') loading/unloading aisle.
(3)
Handicap parking spaces shall be identified by a state-approved, pole-mounted sign at each parking space.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.335 Parking lot design and maintenance.
(a)
Grading, marking, pavement and curbing.
(1)
Parking areas and driveways shall be graded and drained so as to dispose of all surface water, including the use of permeable surfaces if approved by the town engineer, without injury or nuisance to adjacent properties or the public, and improved with concrete or asphalt, in accordance with the standards of the town.
(2)
Parking spaces shall be so arranged and marked to provide for orderly and safe parking in accordance with section 14.10.325 “parking lot layout,” and shall be so improved with bumper guards or curbs to define parking spaces or the limits of paved areas.
(b)
Maintenance.
It shall be the responsibility of the owner, operator and lessee of the use for which the off-street parking lot is required to maintain all areas of the off-street parking area in good condition without holes and free of all trash, abandoned or junk vehicles, weeds and other rubbish.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.340 Minimum off-street loading requirements.
There shall be provided at the time any building is erected or structurally altered or a certificate of occupancy is issued thereon, off-street loading space in accordance with the requirements of table 14.10.310.
(1)
Nonresidential loading space required.
No building or part thereof in a nonresidential district heretofore erected, which is used for any of the purposes specified above shall hereafter be enlarged or extended unless off-street loading space is provided in accordance with table 14.10.130 [table 14.10.310].
(2)
Location of facility.
A loading space shall not be permitted in any required front, side or rear yard. Loading spaces may be located within any area between a building which it serves and the adjacent required yard.
(3)
Access driveways.
Each required off-street loading space shall be designated for direct vehicular access by means of a driveway, or driveways, to a public street in a manner which shall least interfere with on-site traffic movements.
(4)
Dimensions.
Each loading space shall be not less than twelve feet (12') in width, fifty feet (50') in length, and have fourteen feet (14') of unobstructed height.
(5)
Surface.
All loading spaces shall be provided with a durable and dustless hard surface of asphalt, Portland cement, concrete, or other suitable materials capable of withstanding one thousand pounds per square inch (1,000 psi).
(6)
Drainage.
Loading areas shall be graded to drain so as to dispose of all surface water in accordance applicable stormwater regulations. No surface water from loading areas shall be permitted to accumulate or drain over a public sidewalk.
(7)
Screening.
Loading space that is visible from public streets or residential districts shall be screened. The screening material, upon installation, shall be at least six feet (6') in height and eighty percent (80%) opaque.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.405 Purpose.
Standards for controlling lighting and glare are set forth to reduce the annoyance and inconvenience to property owners and traffic hazards to motorists. These standards are intended to allow reasonable enjoyment of adjacent and nearby property by their owners and occupants while requiring adequate levels of lighting of parking areas.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.410 Scope.
The standards and criteria contained within this division are deemed to be minimum standards. With the exception of one- and two-family zoning districts, these requirements shall apply to all new developments; and existing developments that require building permits for additions and exterior alterations shall meet these requirements to the furthest extent practical. The provisions of this division shall be administered by the zoning administrator. The zoning administrator shall determine the extent of required upgrades for existing developments on a case-by-case basis depending on unique circumstances and existing conditions. These regulations may be waived only if there will be no adverse impact on current or future development and will have no adverse impact on the public health, safety, and general welfare.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.415 Outdoor lighting.
(a)
Light trespass.
All areas containing outdoor lighting, including but not limited to floodlighting, security lighting, canopy or parking lot lighting shall be regulated as follows:
(1)
Lighting plan.
Where a lighting plan is required by the town, it shall consist of the following elements as a minimum:
(2)
Height and number.
The heights and number of light poles or mountings shall be the minimum required to achieve a safe and effective lighting level without causing glare on adjacent properties or the right-of-way.
(3)
Shielding.
(A)
Exterior lights shall be fully shielded to prevent visibility of the light bulb from adjacent properties. Furthermore, all external lighting shall be so designed and situated so as not to cause glare on adjacent properties.
(B)
Compliance shall be achieved by utilizing fixture shielding, directional control designed into fixtures, fixture location, fixture height, fixture aim or a combination of these or other factors to mitigate light glare and trespass.
(4)
Residential protected use.
Light intensity from a nonresidential lot abutting any residential property line shall not exceed one-quarter (1/4) footcandles.
(5)
Canopy lighting.
Light fixtures mounted on or under canopies or bays shall be of full cut off design, unless indirect lighting is used whereby light is directed upward and then reflected down from the ceiling of the canopy structure.
(6)
Color and glare.
No outdoor lighting shall be of such an intensity or color distortion as to cause glare or to impair the vision of drivers or pedestrians.
(7)
Nonconforming lighting.
(B)
Nothing in this section shall relieve the owner or beneficial user of legal nonconforming lighting, or the owner of the property on which the legal nonconforming lighting is located, from the provisions of this section regarding safety, maintenance, and repair. Normal maintenance, including replacing light bulbs, cleaning, or routine repair of legal nonconforming light fixtures, shall not be deemed to be a condition which triggers a loss of lawful status described below, unless such maintenance increases the nonconforming aspects of the lighting.
(C)
Legal nonconforming status shall terminate under the following conditions:
(i)
If a light fixture is no longer used for a period of six (6) months it shall be deemed abandoned and shall not thereafter be reestablished; or
(ii)
If a lighting fixture is structurally altered such that its nonconforming aspects increase; or
(iii)
If a lighting fixture is relocated, replaced, or moved in any way; or the lighting fixture is damaged beyond repair.
Upon the event of any of the aforementioned, the lighting fixture(s) shall be immediately brought into compliance with this section, or the lighting fixture(s) shall be removed. |
(b)
Illumination of parking areas.
Parking and circulation areas, pedestrian areas and related outdoor areas shall be illuminated to provide safety and security to users of these areas, to provide security for property, and to maintain privacy for adjacent properties.
(1)
Luminaire height.
The maximum luminaire height shall be twenty-five feet (25'). The planning and zoning commission may approve greater heights upon a showing by the applicant that the additional height complies with both of the following standards:
(2)
Glare.
Exterior lighting shall be designed and maintained so that glare is not cast on adjacent properties, regardless of use, or on adjacent streets. All luminaries shall be cut-off types which include shields or other devices which eliminate all light above an angle of eighty-five degrees (85°), as measured from the vertical axis of the light source.
(3)
Brightness.
Exterior lighting shall be between 0.2 and 0.4 footcandles.
(4)
Lighting plan submission.
Site plans submitted to the planning and zoning commission may be required to include data analyses, prepared by persons competent to do so, that the proposed exterior lighting system complies with the standards in this section.
(c)
Public nuisance or safety issue.
Lighting found by the town to create a public safety or nuisance can be ordered removed or altered at any time upon a complaint filed by the zoning administrator. Such complaint will be heard before the planning and zoning commission at a regularly scheduled meeting for review and a recommendation to town council who shall make a final determination regarding the complaint at a regularly scheduled meeting.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.505 Accessory structure exterior facades and construction.
(a)
Nonresidential, mixed use and multifamily.
The exterior facades of all accessory structures in these zoning districts shall be constructed of the same exterior construction material of the main building or structure.
(b)
One- and two-family residential.
The exterior facades of all attached and detached private garages shall be constructed of the same exterior construction material as the main building or structure.
(c)
Accessory structures in nonresidential districts that have exposed wood columns, such as pergolas, covered patios, etc., may allow exposed columns provided the wood is a type that is impervious to rot and that a masonry wrap of the same construction material as the main building be installed around the base of the column to a minimum of three feet (3') above grade.
(d)
Fiber cement siding may be used to fulfill masonry requirements for structures accessory to existing structures constructed entirely of wood or vinyl siding.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.510 Residential accessory building regulations.
(a)
Accessory building and structure types.
In the residential zoning districts, an accessory building is a detached building or structure that is minimally attached to the primary building that is incidental and subordinate to the primary use of the lot such as: a private garage for automobile storage, a carport, tool shed, gazebo, greenhouse as a hobby, home workshop, children’s playhouse, or storage house for personal items related to primary land use of the property. Buildings or structures that are less than five feet (5') tall and/or less than thirty-five square feet (35 ft2) in area shall be exempt from the all of the following requirements, except that all buildings and structures must comply with subsection (c)(1) “front yards” below.
(b)
Use regulations.
Accessory buildings shall not contain kitchen facilities or otherwise be designed or used as living quarters. Accessory buildings shall not have separate utility meters and all utilities must be extensions from the main dwelling.
(c)
Area regulations.
(1)
Front yards.
Accessory buildings may not be located in front of the front building line of the primary structure.
(2)
Side yards.
An accessory building may not be closer than five feet (5') to the side lot line, unless such side abuts a street where a twelve foot (12') side yard and minimum six foot (6') screening fence is required.
(3)
Rear yards.
An accessory building may be permitted within the required rear yard, but shall be no closer than five feet (5') from the rear property line.
(4)
Easements.
In no case may an accessory building encroach upon a dedicated easement.
(5)
Separation to other buildings.
Accessory buildings or structures, except for carports, shall not be located within six feet (6') of a portion of the primary structure unless attached to the primary structure.
(6)
Height.
An accessory building shall not exceed:
Accessory structure | Height as measured from grade to the highest portion of the roof or top of structure (in feet) |
|---|---|
Private garage | 18 |
Carport, gazebo, greenhouse, workshop | 12 |
Storage house, tool shed | 10 |
Children’s playhouse | 81 |
All other accessory buildings and structures | 8 |
1An additional foot of height is allowed for each additional foot of setback above the required five foot (5') setback with a total increase of no more than four feet (4') for a total maximum height of twelve feet (12'). |
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.605 Height rules, exceptions and modifications.
The regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district height regulations appearing elsewhere in this article. The fire chief shall be consulted in cases where a height increase is requested to ensure proper fire and safety protection.
(1)
The height regulations prescribed herein shall not apply to church spires or belfries, water tanks, fire towers, cooling towers, chimneys, and flagpoles.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.610 Yard rules, exceptions and modifications.
The regulations hereinafter set forth in this section qualify or supplement as the case may be, the district yard regulations appearing elsewhere in this article.
(1)
Every part of a required yard shall be open to the sky, unobstructed by a building or structure, except for the following:
(A)
Accessory buildings in a side or rear yard meeting the requirements of division 6, “accessory structure and use regulations”;
(B)
The projection of sills, belt courses, cornices, and ornamental features not to exceed twenty-four inches (24") and roof eaves not to exceed thirty-six inches (36");
(C)
Open fire escapes, required by law, projecting into a side or rear yard not more than five feet (5');
(D)
Terraces, uncovered porches and ornamental features which do not extend more than three feet (3') above the floor level of the ground story, provided these projections be a distance of at least two feet (2') from the adjacent side lot line.
(2)
Except for one- and two-family residential districts, more than one main building may be located upon a lot or tract, but only when such buildings conform to all open space requirements around the lot for the district in which the lot or tract is located.
(3)
Where a lot has frontage on two streets, such as a corner lot or double frontage lot, each frontage shall be a required front yard unless shown specifically otherwise on an approved final plat.
(4)
Front yard measurements and considerations:
(A)
The front yard shall be measured from the front property line to the front face of the building, covered porch or covered terrace.
(B)
Eaves and roof extensions or a porch without posts or columns may project into the required front yard setback for a distance not to exceed three feet (3').
(C)
The front yards herein established shall be adjusted in the following cases:
(i)
Where forty percent (40%) or more of the frontage on the same side of a street between two intersecting streets is presently developed or may hereafter be developed with buildings that have a front yard greater or lesser in depth than herein required, but not more than five feet (5') in variation, then new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.
(ii)
Where forty percent (40%) or more of the frontage on the same side of a street between two intersecting streets is presently developed or may hereafter be developed with buildings that have a front yard greater or lesser in depth than herein required, and more than five feet (5') in variation, then:
a.
A building that is to be erected on a parcel of land that is within one hundred feet (100') of existing buildings on both sides, the minimum front yard shall be a line drawn between the two closest front corners of the adjacent building on each side; or
b.
Where a building is to be erected on a parcel of land that is within one hundred feet (100') of an existing building on one side only such building may be erected as close to the street as existing adjacent buildings.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.615 Substandard lot size.
Where a lot at the time of the effective date of this chapter has less area or width than herein required for lots in the district in which it is located, and the owner of such lot does not own any other adjacent parcel or tract, said lot may used for a one-family dwelling or for any other nondwelling use permitted in the district in which it is located. In such cases, the setback requirements for the district in which the lot is located shall be proportionally applied based on the existing lot proportion to the minimum lot size identified for the district. In the case of the front yard setback, it shall either remain as required in the district in which the lot is located or it may be equal to that of the adjacent lots.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.625 Natural gas and lift compressor stations.
(a)
Natural gas compressor stations (the station complex) shall require a specific use permit (SUP) in all districts, in accordance with article 14.08, division 2, “specific use regulations.”
(b)
A minimum building setback for all compressor station buildings and equipment shall be established and maintained for all yards at the distances specified for the zoning district adjoining the station complex as shown below.
(1)
Table of building setbacks for compressor station buildings and equipment.
Adjoining Zoning District (applied to both base zoning and PD districts) | Required Building Setback (in feet - applied to all yards) |
|---|---|
R-1 | 300 |
R-2 | 300 |
R-3 | 300 |
R-4 | 300 |
C-1 | 300 |
C-2 | 300 |
C-3 | 300 |
C-4 | 300 |
L-I | 200 |
PRC | 300 |
PPC | 300 |
(2)
Where an adjoining planned development (PD) district contains more than one base zoning district, the most restrictive building setback shall be applied.
(3)
Where a compressor station site adjoins a street right-of-way, the required building setback along that right-of-way shall be established by the zoning district designated for the property situated on the opposite side of the right-of-way.
(c)
All compressor station sites shall have screening fences along each boundary line: that fronts a dedicated public street right-of-way of any type; or that fronts a private street right-of-way dedicated for public use; or alongside rear boundaries that have any portion located within three hundred feet (300') of a residential lot. The screening wall shall be an approved masonry material of sufficient height and design to reasonably obscure the entire station complex from public view.
(d)
All compressor station equipment and sound attenuation structures shall be enclosed within a building. Such building shall be designed with the following requirements:
(1)
All building elevations shall have walls constructed entirely of masonry, excluding doors and windows in the elevation, if the elevation: fronts a dedicated public street right-of-way of any type; or fronts a private street right-of way dedicated for public use; or that is an elevation reasonably visible from a residential lot that is within three hundred feet (300') of the boundary of the compressor station site. Doors and windows in such walls are limited to twenty percent (20%) of the area of the elevation.
(2)
Building elevations shall be constructed of at least forty percent (40%) masonry, excluding doors and windows in the elevation, if the building elevation: does not have frontage to a dedicated public street right-of way of any type; or does not front a private street right-of-way dedicated for public use; or that is not an elevation reasonably visible from a residential lot that is within three hundred feet (300’) of the boundary of the compressor station site. Doors and windows in such walls are limited to twenty percent (20%) of the area of the elevation.
(3)
The nonmasonry exterior wall surfaces may be constructed of painted metal, stucco or cementious fiberboard material. Engineered wood paneling shall not be permitted for the finished exterior.
(4)
The roof shall be sloped with a pitch of no less than five to twelve (5:12) and shall contain at least one raised structure in the form of a clearstory element or similar structure. No flat roofs shall be permitted.
(5)
The architectural design of the building shall be compatible with the visual context of the surrounding development. Such buildings may be designed as a representation of, but not be limited to, the following building types:
(A)
Estate residence
(B)
School facility or similar institutional use
(C)
Gazebo or picnic area enclosures
(D)
Club house or recreational facility
(E)
Retail or office building
(F)
Any combination of the above as approved by the town
(G)
Vehicular access to the boundaries of the station complex from the street thoroughfare shall be paved with a concrete surface at a thickness and design reasonably approved by the town engineer or designee. This provision shall also apply to those areas inside the boundaries of the station complex where vehicular traffic and parking is to occur.
(6)
The compressor station site shall be landscaped in a manner that is compatible with the environment and existing surrounding area.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.630 Coin-operated machines.
No coin-operated amusement machine, as herein defined, shall be exhibited, displayed or used at any location in the town, irrespective of zoning classification, within three hundred feet (300') of a church, school or hospital.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.635 Portable storage units.
The purpose of these regulations is to control the use and location of portable storage units. These units are typically known by the names: PODS (portable on-demand storage units), SAM (store and move), SmartBox USA, and UNITS.
(1)
Characteristics.
(A)
These types of units are typically used for moving and temporary storage during construction. The unit is transported to a property, filled by the renter of the unit and is then transported to a new site for unpacking or stored at the facility of the portable storage unit owner.
(B)
For the purposes of this section, the term “portable storage unit” shall mean any rentable or leasable enclosed unit of durable construction or material, generally starting at a minimum size of five feet (5') in width by seven feet (7') in height by eight feet (8') long, designed for temporary storage, which can be transported by truck, left on site or are filled and removed and stored at a central location.
(2)
General regulations.
Portable storage units may be permitted as a temporary use in any zoning district as follows:
(A)
Location and timeframe.
(i)
Temporary use for new construction.
If used for new construction, portable storage units are to be removed within three (3) calendar days after the unit is no longer necessary or construction is complete, whichever is sooner.
(ii)
Residential districts.
a.
If used by an occupant of a property for moving or relocating, a portable storage unit shall only be located on a paved surface on the property (e.g. driveway).
b.
The portable storage unit shall not be located on the property for a period of more than fourteen (14) consecutive days during each calendar year.
(iii)
Commercial and industrial districts.
a.
Portable storage units are permitted in any nonresidential district for temporary on site storage if screened from public view and not occupying required off-street parking spaces as reviewed and approved by the zoning administrator.
b.
When permitted, a portable storage unit shall only be located on a paved surface on the property for no more than ninety (90) consecutive days. The zoning administrator may grant extensions if appropriate.
(B)
Prohibitions.
(i)
No portable storage unit shall be used for human or animal occupation.
(ii)
Portable storage units larger than eight feet (8') in width by eight feet (8') in height by sixteen feet (16') in length shall be prohibited in the town unless expressly permitted by the board of adjustments.
(iii)
Only one portable storage unit shall be permitted on the property at any time.
(iv)
No portable storage unit shall be located in or on a public right-of-way.
(v)
No electrical or plumbing service shall be connected to or provided in the portable storage unit.
(vi)
No portable storage unit shall be placed in a manner blocking a sidewalk.
(C)
Units must be secured.
Portable storage units shall be fully secured at all times including the use of a locking device on the door to prohibit unauthorized entry into the unit.
(D)
Public nuisance.
The placement of any portable storage unit shall be located in such a manner on any property as not to create a public nuisance such as creating a motor vehicle visibility issue or storing hazardous materials.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.640 Dumpster, recycling and trash handling containers.
(a)
Application.
The following requirements shall apply to all uses that utilize dumpsters, recycling and trash handling containers. Dumpsters, recycling and trash handling containers shall be accessory to a principal building on a lot. These provisions do not apply to recycling containers or trash containers utilized by individual residential users for the town’s regularly scheduled trash and recycling pickup.
(1)
Dumpsters, recycling, trash handling and related service equipment shall be in compliance with the setback requirements for accessory structures as determined by the zoning district in which such structures are located, and shall not be placed on a town owned right-of-way.
(2)
The dumpster (other than a construction dumpster), recycling container, trash handling container and/or related equipment shall be located on a concrete pad constructed of sufficient strength for the equipment including vehicles that will empty the units.
(3)
All such containers shall be serviced and emptied as needed to prevent items from being located outside of the unit.
(4)
The user shall maintain the area surrounding the unit free of any junk, debris or other material and shall be responsible to the extent provided by law for the cost to abate any violation.
(5)
Hazardous or dangerous materials or liquids shall not be permitted in any dumpsters, recycling container or trash handling container.
(6)
All such containers shall be located in such a manner on any property as not to create a public nuisance such as creating a motor vehicle visibility issue.
(b)
Provisions pertaining to construction dumpsters.
Construction dumpsters and containers that are associated with work that has been permitted through the town shall be removed within three (3) calendar days after construction is complete. If a construction dumpster is not associated with work that has been permitted through the town, the dumpster shall not remain on site for more than 14 consecutive days.
(1)
As much as reasonably feasible, the construction dumpster shall be placed on an improved surface and out of public view. A construction dumpster shall not be placed on town owned right-of-way.
(2)
Construction dumpsters and containers shall contain the following contact information in a minimum of two inch type on at least one side of the unit: the name, address, and phone number of the unit owner.
(Ordinance 19-851 adopted 12/9/19)
§ 14.10.705 Purpose.
(a)
The purpose of this division is to establish regulations and minimum standards for the permitting, design, location, construction, modification, use, maintenance, and removal of signs in the town. These sign regulations are intended to promote economic activity and avoid visual clutter, which is potentially harmful to traffic and pedestrian safety, property values, business opportunities, and community appearance. It is the purpose of these regulations to protect property values within the town, to enhance the beauty of the town, and to protect the general public from damage and injury, which may be caused by the unregulated construction of signs. Pursuant to these purposes, it is the intent of this division to permit the use of signs, which are:
(b)
Recognizing that businesses need signage to be seen and found by their customers, it is the purpose of these sign regulations to establish a hierarchy of modern, well maintained, permanent signs to assist business advertising. Businesses and others using signs should have one or more of the permanent signs in this division in use before requesting any type of temporary signs.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.710 Applicability.
These regulations govern the permitting, design, location, construction, height, size, modification, use, maintenance, and removal of signs. The regulations contained in this article shall be applicable to all new signs, and shall also be applicable to all existing signs as outlined in section 14.10.755 “abandoned and obsolete signs.” None of the provisions of this division shall apply to government owned traffic signals and markings or any signs required by law whether owned by a unit of government or by a private party.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.715 Jurisdiction.
In accordance with the Texas Local Government Code, these regulations apply to all areas within the corporate limits of the town.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.720 Permit procedures.
(a)
Sign permit required.
It is unlawful for any person to erect, repair, alter/modify, or relocate within the town any sign, except as may be authorized in section 14.10.730(3) “signs exempt from requiring a permit,” without first obtaining a sign permit from the zoning administrator and making payment of the fees established in appendix A of this code.
(b)
Application and required information.
Applications for sign permits shall be made upon forms provided by the zoning administrator, and shall contain (or have attached thereto) the following information:
(1)
Name, address and telephone number of the applicant(s).
(2)
Sign use classification.
(3)
Location of building, structure or lot to which or upon which the sign or other advertising structure is to be attached or erected.
(4)
Name of person, firm, corporation, or association erecting structure or attaching sign.
(5)
Signature of the sign owner, and if different, written consent of the owner of the building, structure, or land to which or upon which the sign structure is to be erected or displayed.
(6)
Zoning classification of the property.
(7)
Valuation of proposed work.
(8)
Such other information as the zoning administrator shall require to show full compliance with this and all other laws and ordinances of the town.
(9)
The zoning administrator may require plans to be prepared by a state-registered professional engineer or state-registered professional architect.
(10)
Any electrical permits required and issued for said sign (if applicable). No sign shall be erected in violation of the town’s electrical code or regulations.
(c)
Plans and specifications.
Scaled plans or dimensional sign detail shall be submitted in duplicate with each application for a permit and contain the following information prepared by a professional practicing within their design competency.
(1)
Drawing of sign indicating the sign message or copy.
(2)
Elevation plan of the building showing the proposed sign on the building, the length and height of the elevation, and any other existing signs on the elevation along with the dimensions of such signs.
(3)
Site plan indicating street frontage, property lines, sign visibility triangles, proposed and existing rights-of-way, location of sign on property, relationship of proposed sign to ingress and egress points, and relationship of proposed sign to any other signs within a fifty foot (50') spacing of the proposed sign.
(4)
Plans and specifications showing method of construction, method of attachment to the building or ground, size, type, height, construction materials, and such other information as the zoning administrator may require.
(5)
The zoning administrator may require the applicant to obtain a state-registered professional engineer’s seal on plans, if in his reasonable discretion, plans appear to require a state-registered professional engineer’s approval of the design due to the size, type of design, or structural appearance of the sign set forth in the plans.
(d)
Signs requiring electrical wiring.
Any electrical connections to signs shall require a separate electric permit. This work shall be done by a licensed electrician that is registered by the town.
(e)
Sign installer registration.
Any person(s), firm, corporation or business engaging in the operation of erecting, installing, servicing or maintaining signs within the town must be registered to conduct such business in the town. For the purposes of this section, persons engaging in the business of erecting, installing and maintaining signs, shall be designated as sign installers.
(1)
Application.
Registration shall require a completed application on a form supplied by the town.
(2)
Registration requirement.
No permit for the erection or alteration of a sign shall be issued to any person unless such person is registered pursuant to provisions of this section.
(3)
Nontransferable registration.
No registration of a sign installer shall be transferable and no holder of any license issued under provisions of this section shall allow his/her name or his/her company’s name to be used by any other party under the penalty of forfeiting his/her license in addition to any fine imposed pursuant to the provisions of this section.
(4)
Revocation of registration.
Any registration granted under the provisions of this section may be revoked by the zoning administrator, or his designee, upon violation on any provision of this division. Upon revocation of registration, a new registration of that sign installer shall not be permitted for a period of six (6) months.
(f)
Issuance.
(1)
Review.
The application, plans and other data filed by an applicant for permit shall be reviewed by the zoning administrator. Such plans may be reviewed by other departments of the town to verify compliance with any applicable laws under their jurisdiction. If the zoning administrator finds that the work described in the application for a permit and the plans, specifications, and other data filed therewith conform to the requirements of this section and other pertinent laws and ordinances, and that the required fees have been paid, a permit shall be issued to the applicant.
(2)
Approved plans.
When the zoning administrator issues the permit where plans are required, the plans and specifications shall be endorsed in writing or stamped “approved.” Such approved plans and specifications shall not be changed, modified, or altered without authorization from the zoning administrator, and all work shall be done in accordance with the approved plans.
(3)
Validity of permit.
The issuance of a permit or approval of plans, specifications, and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this section or of any other ordinance of the town. No permit presuming to give authority to violate or cancel these provisions shall be valid. If the work authorized by a permit issued under this division has not been commenced within one hundred eighty (180) days after the date of issuance, the permit shall become null and void.
(4)
Suspension or revocation.
The zoning administrator may, in writing, suspend or revoke a permit under the provisions of this section whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of this section or any other ordinance of the town or laws of the state or the Federal Government. Such suspension or revocation shall be effective when communicated in writing to the person to whom the permit is issued, the owner of the sign, or the owner of the premises upon which the sign is located. Any signs installed under a revoked permit shall be removed by the permit holder, sign owner, or property owner within ten (10) days of written notice of the revocation.
(5)
Certificate of occupancy.
A business shall obtain or be in the process of obtaining a certificate of occupancy prior to the issuance of any sign permit. The name of the business shall coincide with the sign to be displayed.
(g)
Inspections.
(1)
General.
All signs for which a permit is required shall be subject to inspection by the building department. It shall be the duty of the permit applicant to cause the work to be accessible and exposed for inspection purposes. The town shall not be liable for expense incurred in the removal or replacement of any material required to allow inspection. The permit and approved plans are to be available and accessible at the job site for all inspections.
(2)
Inspection requests.
It shall be the duty of the person doing the work authorized by a permit to notify the building department that such work is ready for inspection.
(3)
Approval required.
No work shall be done on any part of the structure beyond the point indicated in such successive inspection without first obtaining the approval of the zoning administrator. Such approval shall be given only after an inspection shall have been made of each successive step in the construction.
(h)
Appeals.
Any person aggrieved by a decision of the zoning administrator or his/her designee, under this division, or any person seeking a variance from this division, may file an appeal with the board of adjustments in accordance with the comprehensive zoning ordinance.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.725 Authority.
The zoning administrator or his/her designee is hereby authorized and directed to enforce all the provisions of this code.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.730 Classifications.
For type of sign permitted in each district, see table 14.10.730 located at the end of this section.
(1)
Permanent signs.
(A)
Building signs.
These signs are painted on or attached against building fronts or parallel to the face of the building and have only one face (side). No sign may extend more than twenty-four inches (24") from any building surface to which it is attached. No sign shall project beyond the corner formed by the front and any other wall and not above the highest point of the roof or parapet. Signs atop marquees shall not extend beyond the marquees and shall be parallel to the wall from which the marquees extend. The square footage on a canopy sign attached as an awning shall count toward the maximum allowed for a building sign on the same side of that building.
(i)
Maximum area - Building signs shall not cover more than twelve percent (12%) of the face of the building on which they are placed.
(ii)
Wording on building signs shall be limited to store and trade name and corporate logos only.
(iii)
Wall signs attached against building fronts or parallel to the face of the building shall be constructed of metal or other approved noncombustible material, unless otherwise approved by the zoning administrator.
(iv)
Signs with exposed neon tubing, exposed lamps, or flashing, blinking, rotating, moving, animated lights, or audible sounds are not permitted.
(v)
Any box type signs shall be mounted vertically flush with the building.
(vi)
Electronic message center.
a.
A building sign may contain an electronic message center if approved by a specific use permit. The area of an electronic message center shall be included in calculating the total sign area. On a multi-tenant property, electronic message centers will only be allowed on an anchor tenant(s). The property owner or management company shall be the applicant for the electronic message center. The electronic message center shall be no more than forty percent (40%) of the total sign area.
b.
Electronic message centers are subject to the following restrictions:
1.
Any change in information on the sign shall not produce the illusion of moving objects, scrolling, blinking, flashing, expanding or contracting shapes, rotation or any similar visual effect of animation or movement;
2.
Any changeable copy shall not change more than every eight (8) seconds;
3.
Characters shall be a minimum of ten inches (10") in height and a maximum of forty-two inches (42") in height;
4.
Shall be allowed on major and minor arterials;
5.
Shall require a specific use permit when installed within two hundred feet (200') of a residential lot;
6.
Only one electronic message center allowed per lot unless otherwise approved by a specific use permit; and
7.
Shall have an auto dimmer installed in the sign to reduce the nighttime brightness of the sign to 0.3 footcandles over ambient lighting conditions when measured according to town policy.
(B)
Canopy signs.
A canopy sign serving as a building sign and attached to the main building as an awning shall be no greater in size than fifty percent (50%) of the face of the canopy of which it is a part or to which it is attached and shall not extend beyond the face of the canopy either vertically or horizontally. An illuminated strip may be incorporated into the canopy.
(C)
Under-canopy signs.
An under-canopy sign shall be no greater in size than six square feet (6 ft2). The sign shall be no higher than the ceiling of the canopy, and no lower than seven feet (7') from grade. These signs are not to be used for freestanding canopies.
(D)
Single-tenant monument signs.
May be located on any street on which the single lot occupancy fronts. Single-tenant monument signs may not be used in conjunction with a pole sign. Signs shall not be wider at the top than at the lowest part of the sign, excluding supports.
(i)
Maximum area.
The maximum area is sixty square feet (60 ft2) of sign message area per face.
(ii)
Maximum height.
Signs shall have a masonry base and be no more than six feet (6') above grade.
(iii)
Sign location.
Signs may not be located within the visibility triangle and shall not obstruct the view from driveways or parking areas. Signs shall be located at least twenty feet (20') from any property zoned residential.
(iv)
Spacing.
A single-tenant monument sign shall be a minimum of fifty feet (50') from another single-tenant monument sign or multi-tenant sign that is on the same lot.
(v)
Manual message center.
A monument sign may contain a manual message center that utilizes changeable letters. The area of a manual message center shall be included in calculating the total sign area and shall not be more than forty percent (40%) of the total sign area.
(vi)
Electronic message center.
a.
A monument sign may contain an electronic message center. The area of an electronic message center shall be included in calculating the total sign area. The electronic message center shall be allowed to be twenty percent (20%) of the total sign area. The electronic message center may be increased up to forty percent (40%) of the total sign area if approved by specific use permit.
b.
Electronic message centers are subject to the following restrictions:
1.
Any change in information on the sign shall not produce the illusion of moving objects, scrolling, blinking, flashing, expanding or contracting shapes, rotation or any similar visual effect of animation or movement;
2.
Any changeable copy shall not change more than every eight (8) seconds;
3.
Characters shall be a minimum of ten inches (10") in height and a maximum of forty-two inches (42") in height;
4.
Shall be allowed on major and minor arterials;
5.
Shall require a specific use permit when installed within two hundred feet (200') of a residential lot;
6.
Only one electronic message center allowed per lot unless otherwise approved by a specific use permit; and
7.
Shall have an auto dimmer installed in the sign to reduce the nighttime brightness of the sign to 0.3 footcandles over ambient lighting conditions when measured according to town policy.
(vii)
Landscaping requirements.
The area around the base of the sign shall be landscaped in a combination of irrigated bedding plants, shrubs, and/or flowers.
(viii)
Lighting.
Monument signs may be illuminated only by internal lighting for sculpted nonferrous panels or by a ground lighting source where the light and fixture are not visible from a public right-of-way.
(E)
Multi-tenant monument signs.
May be located on any street on which the multiple occupancy fronts. A multi-tenant sign shall not be allowed in conjunction with a pole sign on the same street frontage. A single-tenant monument sign may be used in conjunction with a multi-tenant sign if the single-tenant sign is for a separate building within a larger project.
(i)
Maximum area.
The total area of signage allowed shall be twenty square feet (20 ft2) of sign area per business per side except that anchor tenants may have forty square feet (40 ft2) per side up to a maximum of one hundred twenty square feet (120 ft2) per side. The sign width should be in proportion to the sign height and the size of the development. The sign base should fit into one standard parking space.
(ii)
Maximum height.
Signs shall have a masonry base and be no more than twelve feet (12') total above grade.
(iii)
Sign location.
Shall be located no closer to any street than fifteen feet (15') behind the curbline separating the street from the business property and at least twenty feet (20') from any property zoned for residential use.
(iv)
Spacing.
A multi-tenant sign should be a minimum of fifty feet (50') from another multi-tenant sign. No more than one (1) such sign on any street shall be allowed for any single building, whether it contains multiple uses or not.
(v)
Manual message center.
A monument sign may contain a manual message center that utilizes changeable letters. The area of a manual message center shall be included in calculating the total sign area and shall not be more than forty percent (40%) of the total sign area.
(vi)
Electronic message center.
a.
A multi-tenant monument sign may contain one electronic message center. The area of the electronic message center shall be included in calculating the total sign area. The property owner or management company shall be the applicant for the electronic message center. The electronic message center shall be allowed to be twenty percent (20%) of the total sign area. The electronic message center may be increased up to forty percent (40%) of the total sign area if approved by specific use permit.
b.
Electronic message centers are subject to the following restrictions:
1.
Any change in information on the sign shall not produce the illusion of moving objects, scrolling, blinking, flashing, expanding or contracting shapes, rotation or any similar visual effect of animation or movement;
2.
Any changeable copy shall not change more than every eight (8) seconds;
3.
Characters shall be a minimum of ten inches (10") in height and a maximum of forty-two inches (42") in height;
4.
Shall be allowed on major and minor arterials;
5.
Shall require a specific use permit when installed within two hundred feet (200') of a residential lot;
6.
Only one electronic message center allowed per lot unless otherwise approved by a specific use permit; and
7.
Shall have an auto dimmer installed in the sign to reduce the nighttime brightness of the sign to 0.3 footcandles over ambient lighting conditions when measured according to town policy.
(vii)
Landscaping requirements.
The area around the base of the sign shall be landscaped in a combination of irrigated bedding plants, shrubs, and/or flowers.
(viii)
Lighting.
Monument signs may be illuminated only by internal lighting for sculpted nonferrous panels or by a ground lighting source where the light and fixture are not visible from a public right-of-way.
(F)
Single-tenant pole signs.
May be located on any street on which the single lot occupancy fronts. Single-tenant pole signs may not be used in conjunction with a monument sign.
(i)
Maximum area.
The total area of signage allowed shall be one hundred square feet (100 ft2) per side.
(ii)
Maximum height.
Signs shall be no more than thirty-five feet (35') total above grade.
(iii)
Sign location.
Shall be located no closer to any street than fifteen feet (15') behind the curbline separating the street from the business property and at least twenty feet (20') from any property zoned for residential use.
(iv)
Spacing.
A single-tenant pole sign should be a minimum of fifty feet (50') from any other pole sign. No more than one (1) such sign on any street shall be allowed for any single building.
(v)
Manual message center.
A pole sign may contain a manual message center that utilizes changeable letters. The area of a manual message center shall be included in calculating the total sign area and shall not be more than forty percent (40%) of the total sign area.
(vi)
Electronic message center.
a.
A pole sign may contain an electronic message center. The area of an electronic message center shall be included in calculating the total sign area. The electronic message center shall be allowed to be twenty percent (20%) of the total sign area. The electronic message center may be increased up to forty percent (40%) of the total sign area if approved by specific use permit.
b.
Electronic message centers are subject to the following restrictions:
1.
Any change in information on the sign shall not produce the illusion of moving objects, scrolling, blinking, flashing, expanding or contracting shapes, rotation or any similar visual effect of animation or movement;
2.
Any changeable copy shall not change more than every eight (8) seconds;
3.
Characters shall be a minimum of ten inches (10") in height and a maximum of forty-two inches (42") in height;
4.
Shall be allowed on major and minor arterials;
5.
Shall require a specific use permit when installed within two hundred feet (200') of a residential lot;
6.
Only one electronic message center allowed per lot unless otherwise approved by a specific use permit; and
7.
Shall have an auto dimmer installed in the sign to reduce the nighttime brightness of the sign to 0.3 footcandles over ambient lighting conditions when measured according to town policy.
(vii)
Landscaping requirements.
The area around the base of the sign shall be landscaped in a combination of irrigated bedding plants, shrubs, and/or flowers.
(viii)
Lighting.
Pole signs may be illuminated only by internal lighting.
(G)
Multi-tenant pole signs.
May be located on any street on which the multiple occupancy fronts. A multi-tenant pole sign shall not be allowed in conjunction with a multi-tenant monument sign on the same street frontage. A single-tenant monument sign may be used in conjunction with a multi-tenant pole sign if the single-tenant sign is for a separate building within a larger project.
(i)
Maximum area.
The total area of signage allowed shall be twenty square feet (20 ft2) of sign area per business per side except that anchor tenants may have forty square feet (40 ft2) per side up to a maximum of two hundred square feet (200 ft2) per side.
(ii)
Maximum height.
Signs shall be no more than fifty feet (50') total above grade.
(iii)
Sign location.
Shall be located no closer to any street than fifteen feet (15') behind the curbline separating the street from the business property and at least twenty feet (20') from any property zoned for residential use.
(iv)
Spacing.
A multi-tenant pole sign should be a minimum of fifty feet (50') from another multitenant sign. No more than one (1) such sign on any street shall be allowed for any single building, whether it contains multiple uses or not.
(v)
Manual message center.
A multi-tenant pole sign may contain a manual message center that utilizes changeable letters. The area of a manual message center shall be included in calculating the total sign area and shall not be more than forty percent (40%) of the total sign area.
(vi)
Electronic message center.
a.
A multi-tenant pole sign may contain one electronic message center. The area of the electronic message center shall be included in calculating the total sign area. The property owner or management company shall be the applicant for the electronic message center. The electronic message center shall be allowed to be twenty percent (20%) of the total sign area. The electronic message center may be increased up to forty percent (40%) of the total sign area if approved by specific use permit.
b.
Electronic message centers are subject to the following restrictions:
1.
Any change in information on the sign shall not produce the illusion of moving objects, scrolling, blinking, flashing, expanding or contracting shapes, rotation or any similar visual effect of animation or movement;
2.
Any changeable copy shall not change more than every eight (8) seconds;
3.
Characters shall be a minimum of ten inches (10") in height and a maximum of forty-two inches (42") in height;
4.
Shall be allowed on major and minor arterials;
5.
Shall require a specific use permit when installed within two hundred feet (200') of a residential lot;
6.
Only one electronic message center allowed per lot unless otherwise approved by a specific use permit; and
7.
Shall have an auto dimmer installed in the sign to reduce the nighttime brightness of the sign to 0.3 footcandles over ambient lighting conditions when measured according to town policy.
(vii)
Landscaping requirements.
The area around the base of the sign shall be landscaped in a combination of irrigated bedding plants, shrubs, and/or flowers.
(viii)
Lighting.
Pole signs may be illuminated only by internal lighting.
(H)
Menu boards.
Such signs may be freestanding or wall mounted.
(i)
Sign area.
The maximum aggregate area for a menu board shall not exceed forty-five square feet (45 ft2).
(ii)
Height.
The maximum sign height shall not exceed six feet (6') for freestanding signs.
(iii)
Sign location.
The sign should be located so as not to be readable from the public right-of-way.
(iv)
Audible speaker and microphone.
These are allowed if integral to the sign.
(I)
Residential subdivision.
One (1) monument or two (2) wall mounted subdivision nameplate signs per subdivision.
(J)
Flags.
Flags shall comply with the following additional regulations:
(i)
Company logo flags require a permit and shall be allowed only in commercial zoning districts and in the R-4 residential zoning district. One company logo flag is allowed per lot. No other flags shall be used for advertising.
(ii)
Flags that the zoning administrator determines are not forms of advertising shall not require a permit.
(2)
Temporary signs.
Before requesting a temporary sign, businesses and others using signs should have one or more permanent signs in place. The zoning administrator may approve the use of a temporary sign without a permanent sign in special circumstances. Temporary signs shall be regulated as follows:
(A)
New development signs.
The purpose of a new development sign is to provide temporary identification of a new residential subdivision, or a proposed new commercial development. New development signs shall comply with the following regulations:
(i)
Permit period.
Permits for such signs shall be valid for a period of two (2) years, or until the completion of the project, whichever occurs first and must be removed within twenty-four (24) hours the expiration of the permit. The permit may be renewed each year upon payment of a new fee provided that a minimum of ten percent (10%) of the lots remain vacant in a residential subdivision.
(ii)
One new development sign per street frontage is allowed on the site of the residential or commercial project.
(iii)
Maximum height.
A new development sign shall not exceed fifteen feet (15') in height.
(iv)
Maximum area.
A new development sign shall not exceed one hundred square feet (100 ft2) in area.
(v)
Illumination.
A new development sign shall not be illuminated.
(B)
Vehicle advertising.
It shall be unlawful to attach any sign to or upon any vehicle, trailer, skid or similar mobile structure where the primary use is to provide a base for the sign itself. Businesses are expected to have building signs and ground signs for permanent identification. This provision does not restrict the identification signs and advertising on vehicles used for bona fide transportation and delivery activity.
(i)
Signs attached to or upon any vehicle shall be prohibited where any such vehicle is allowed to remain parked along a right-of-way or in a required parking space in the same location or in the same vicinity for extended periods.
(ii)
Vehicle advertising signs shall be permanently attached to the vehicle by being painted, bolted, screwed or magnetically affixed. No sign or advertising structure shall be erected or attached to any vehicle except for those signs which are painted directly or mounted flush to the surface or mounted directly on the roof of the vehicle. No roof mounted signs shall project more than twelve inches (12") above the roof of the vehicle.
(iii)
Banners or signs made of cloth or similarly light materials, secured with rubber, rope, string, tape or other similar adhesives shall be prohibited for vehicular advertising.
(iv)
Vehicles that are in disrepair or inoperable, or that are not properly licensed, or that are currently not registered, shall not be used, parked or stored in a manner to provide advertising.
(C)
Inflatable signs and balloons.
Inflatable signs, including lighter-than-air balloons connected with a tether, shall be allowed in conjunction with the grand opening signage provision contained in these regulations, and once per year beyond those provisions. Inflatable signs and balloons may be used provided the following regulations are satisfied:
(i)
An inflatable sign permit will be required for all inflatable and balloon signs. This permit will be valid for thirty (30) days.
(ii)
Not more than one inflatable sign shall be allowed on any premises.
(iii)
Inflatable signs and balloons when placed on a building may not exceed twenty-five feet (25') in height above the roof of the building and shall not obstruct visibility necessary for safe traffic maneuvering.
(iv)
Inflatable signs and balloons when placed on the ground may not exceed twenty-five feet (25') in height above the ground level and shall not be placed in the sight visibility triangle or obstruct visibility necessary for safe traffic maneuvering.
(v)
Inflatable signs and balloons shall maintain a setback from any side or rear property line minimum distance equal to the height of the inflatable sign or balloon.
(vi)
Inflatable signs and balloons shall not be placed within proximity of overhead electrical wires.
(vii)
Inflatable signs and balloons shall be kept in good repair and remain securely attached in such a manner to withstand wind loads.
(D)
Real estate signs.
The purpose of a real estate sign is to advertise the offering for sale or lease of land and/or buildings. Real estate signs shall be removed within twenty-four (24) hours of the close of a sale or lease of the property advertised. Real estate signs shall be classified as either residential, developed nonresidential, or undeveloped nonresidential.
(i)
Residential real estate signs.
One residential real estate sign shall be allowed for each street frontage of a residentially zoned property, and shall be regulated as follows:
a.
Residential real estate signs do not require a permit.
b.
Residential real estate signs shall be placed on the property offered for sale or lease.
c.
The area of a residential real estate sign shall not exceed six square feet (6 ft2). No more than three sign riders are allowed.
d.
No portion of a residential real estate sign, including supports, shall exceed six feet (6') in height.
e.
A residential real estate sign shall not be illuminated.
f.
In addition to a residential real estate sign, one (1) “open house,” or one (1) “model home,” or one (1) “house for sale” sign shall be allowed on the property offered. The size and area shall not exceed that of a residential real estate sign.
(ii)
Developed nonresidential real estate signs.
All developed nonresidential real estate signs for commercial properties shall comply with the following regulations:
a.
Developed nonresidential real estate signs shall require a permit.
b.
Single/multi-tenant-monument and pole.
The single or multi-tenant sign serving the property to be leased or sold shall be used to advertise space for sale or lease in place of an additional ground mounted sign.
c.
Building, wall, and window.
One (1) developed nonresidential real estate building sign shall be allowed and placed flat against any wall of the nonresidential commercial property, except that two (2) signs shall be allowed if the building is on a corner facing two (2) streets. Such building sign shall not exceed one hundred square feet (100 ft2) in area. One (1) window sign per window shall be allowed if used in lieu of building mounted signs. In no event shall both building signs and window signs be allowed on the same side of a building.
d.
Ground mounted.
One (1) ground mounted sign shall be allowed per nonresidential real estate property for each frontage, except that no more than two (2) ground signs shall be allowed in any event.
e.
A developed nonresidential real estate ground sign shall not exceed fifty square feet (50 ft2) per side in area.
f.
A developed nonresidential real estate ground sign shall not exceed eight feet (8') in height.
g.
A developed nonresidential real estate building sign shall not extend above the roofline.
h.
A developed nonresidential real estate sign shall not be externally illuminated.
i.
Ground mounted developed nonresidential real estate signs shall not be in a sight visibility triangle.
(iii)
Undeveloped nonresidential real estate signs.
One (1) undeveloped nonresidential real estate sign per street frontage shall be allowed on an undeveloped commercial property and shall comply with the following regulations:
a.
Undeveloped nonresidential real estate signs shall require a permit.
b.
Undeveloped nonresidential real estate signs shall be a minimum of twenty feet (20') behind any curb or edge of pavement and ten feet (10') behind the property line.
c.
Undeveloped nonresidential real estate signs shall not exceed ten feet (10') in height.
d.
Undeveloped nonresidential real estate signs shall not exceed fifty square feet (50 ft2) in area.
(E)
Garage sale signs.
(i)
A permit shall not be required for any garage sale sign.
(ii)
No more than three (3) garage sale signs shall be used per sale.
(iii)
Garage sale signs shall be self supported.
(iv)
Garage sale signs shall not exceed six square feet (6 ft2) in area.
(v)
Garage sale signs shall not exceed three feet (3') in height.
(vi)
Garage sale signs shall not be posted more than twenty-four (24) hours prior to the beginning of the sale and shall be removed within twenty-four (24) hours following the end of the sale.
(vii)
Garage sale signs shall not be illuminated.
(F)
Political signs.
The purpose of a political sign is to advertise a political candidate for public office, a political party, or an issue being considered for public referendum. Political signs shall comply with the following regulations:
(i)
A permit fee shall not be required for political signs.
(ii)
A political sign shall be allowed in any zoning district.
(iii)
Political signs shall not be located on any utility, light, traffic signal or sign pole.
(iv)
Political signs shall be allowed for a period of thirty (30) days prior to any election. All political signs shall be removed no later than ten (10) days after the election or after the termination of candidacy, whichever occurs first.
(v)
Political signs shall not exceed thirty-six square feet (36 ft2) per side in area, and the height shall not exceed eight feet (8') above grade.
(vi)
No sign shall be erected without the permission of the property owner or person who has the right of control on such property unless such property is a polling place or early voting polling place within the meaning of Texas Election Code, sections 61.003 or 85.036, and the sign is placed in a location conforming to the 100 foot distance requirements set forth in such statutes and conforms to the requirements of subsections (iii), (v), (vii) and (ix) of this section.
(vii)
Political signs shall not be located so as to cause a safety or traffic hazard.
(viii)
Political signs shall not be placed on public property or within public right-of-way unless such property is a polling place or early voting polling place within the meaning of Texas Election Code sections 61.003 or 85.036, and the sign is placed in a location conforming to the 100 foot distance requirements set forth in such statutes and conforms to the requirements of subsections (iii), (v), (vii) and (ix) of this section.
(ix)
A political sign shall not be illuminated.
(x)
Political signs and campaign literature shall not be placed on town-owned property including, but not limited to town hall, Bicentennial Park, the fire station, the police department, and any town owned utility property unless such property is a polling place or early voting polling place within the meaning of Texas Election Code sections 61.003 or 85.036, and the sign is placed in a location conforming to the 100 foot distance requirements set forth in such statutes and conforms to the requirements of subsections (iii), (v), (vii) and (ix) of this section.
(G)
Community event signs.
The purpose of a community event sign is to provide temporary unlighted announcements for special events, bazaars, rallies, and similar activities of charity, religious, civic and philanthropic associations.
(i)
A permit shall be required for a community event sign. No permit fee is required.
(ii)
Charity and civic event signs may be placed in any zoning district and any yard, but must not be placed in the right-of-way.
(iii)
The sign area must not exceed eight square feet (8 ft2) in area.
(iv)
The sign height shall not exceed ten feet (10').
(v)
Such sign shall be allowed for a period of fourteen (14) days prior to the first day of the event and shall be removed within twenty-four (24) hours following the last day of the event.
(vi)
No sign shall be allowed to remain for a period in excess of thirty (30) days.
(vii)
A minimum period of thirty (30) days shall elapse between the placement of such signs on the same property.
(H)
Construction trade signs.
The purpose of a construction trade sign is to provide temporary advertising for the various construction companies working at a construction site, which includes providing home improvement and/or repair at a residential property. A contractor must be registered with the town before displaying a construction trade sign. Construction trade signs shall be regulated as either residential construction trade signs or nonresidential construction trade signs.
(i)
All construction trade signs shall comply with the following:
a.
Construction trade signs shall be placed on the property where building activity is taking place.
b.
One sign is allowed per contractor.
c.
A valid building permit and contractor registration must be issued by the town before installation of a construction trade sign.
d.
Construction trade signs shall not be illuminated.
(ii)
Residential construction trade signs shall comply with the following:
a.
Residential construction trade signs shall only be allowed in residential zoning districts.
b.
Residential construction trade signs shall not exceed six square feet (6 ft2) in area.
c.
Residential construction trade signs shall not exceed three feet (3') in overall height.
d.
Residential construction trade signs shall be removed within twenty-four (24) hours of final building approval.
(iii)
Nonresidential construction trade signs shall comply with the following:
a.
Nonresidential construction trade signs shall only be allowed in nonresidential zoning districts.
b.
Nonresidential construction trade signs shall not exceed fifty square feet (50 ft2) in area.
c.
Nonresidential construction trade signs shall not exceed ten feet (10') in height.
d.
Nonresidential construction trade signs shall be removed within twenty-four (24) hours of the issuance of a certificate of occupancy.
(I)
Grand opening signage.
The purpose of grand opening signage is intended to allow a new business or a business which has substantially remodeled as herein prescribed, to benefit from special advertising signage. Grand opening signage is allowed in all nonresidential zoning districts. The following regulations contained within this subsection apply to grand opening signage.
(i)
Upon the issuance of a certificate of occupancy, and within a one year period thereafter, a business shall be entitled to utilize the grand opening signage provisions contained in this subsection when one of the following conditions applies:
a.
When a certificate of occupancy has been issued to a new business, new owner of an existing business, or to an existing business that has moved to a new address; or
b.
When a certificate of occupancy has been issued to an existing business, which has been expanded or remodeled at a cost of the renovation or addition that exceeds fifty percent (50%) of the current value of the building, or lease-space, excluding the value of the land, according to the most recently approved tax roll.
(ii)
Approval of a grand opening signage permit by the zoning administrator is required and shall be valid for a period of thirty (30) consecutive calendar days. The grand opening signage permit is limited to the address noted on the certificate of occupancy and shall comply with the following requirements:
a.
No permit fee shall be required for a grand opening signage permit.
b.
Grand opening signage may include any combination of banners, pennants, inflatable signs and balloons, searchlights, and a portable sign, which may be in addition to any other legal sign allowed by the provisions of this division.
c.
Grand opening signage shall be contained within the limits of the property of the legal business on which a certificate of occupancy has been issued and shall not extend into the town right-of-way. Signage shall not be located in any sight visibility triangle.
(J)
Pennants.
Pennants shall be allowed only in conjunction with the grand opening signage provisions contained in these regulations. Pennants may be used provided the following regulations are satisfied:
(i)
All pennants shall maintain at least fifteen feet (15') of clearance over any vehicle maneuvering area or fire lane.
(ii)
Pennants shall maintain five feet (5') of clearance from any overhead electrical wire.
(iii)
All pennants shall be kept in good repair and remain securely attached in such a manner to withstand wind loads.
(iv)
Pennants shall not be attached to any utility or traffic-control device pole located within a right-of-way, or project into a street right-of-way.
(K)
Window signs.
(i)
No permit shall be required for any window signs.
(ii)
Window signs shall be either painted on the glass or placed inside the glass. A sign installed on the outside of the window shall be considered a building sign.
(iii)
Window signs may be placed so as not to obscure more than twenty-five percent (25%) of the visible window area available.
(iv)
Where multiple signs exist, fronting on a single elevation, seventy-five percent (75%) visibility shall be maintained for the total window area on said elevation.
(L)
Commercial banner signs.
The purpose of a banner sign is to supplement permanent advertising with temporary advertising messages which advertise the opening of a new business or special event. Banner signs shall comply with the following regulations:
(i)
A permit shall be required for all commercial banner signs.
(ii)
One (1) commercial banner sign per street frontage shall be allowed for each single occupancy structure or for each store front of a multi-occupancy structure.
(iii)
A banner sign shall not exceed the lesser of twelve percent (12%) of the building face or fifty square feet (50 ft2) in area.
(iv)
Commercial banner signs shall be attached to a building or fence and shall not project above the apparent roof or eaves line.
(v)
Commercial banner signs shall be kept in good repair and remain securely attached in such a manner to withstand wind loads in accordance with the International Building Code adopted by the town.
(vi)
A maximum of four (4) commercial banner sign permits are allowed per business in a calendar year.
(vii)
A commercial banner sign permit shall be valid for thirty (30) days. Thirty (30) days must pass before an additional commercial banner sign may be permitted in the same location.
(viii)
A commercial banner sign must be removed from public view within twenty-four (24) hours of expiration of the permit.
(ix)
A sticker, supplied by the town, shall be affixed to any permitted banner.
(M)
Feather banners/flags.
Shall comply with the following regulations:
(i)
A permit shall be required for each display period.
(ii)
Not more than two (2) feather banners/flags may be displayed per street frontage of any property.
(iii)
Feather banners/flags shall not exceed eleven feet (11') in height.
(iv)
Feather banners/flags shall be set back not less than ten feet (10') from all property lines, provided, however, that any such sign shall not be located in a visibility triangle.
(v)
A maximum of four (4) feather banner/flag permits are allowed per business in a calendar year.
(vi)
A feather banner/flag permit shall be valid for fourteen (14) days. Thirty (30) days must pass before any additional feather banners/flags may be permitted in the same location.
(vii)
All feather banners/flags shall be constructed of a durable all weather surface with hemmed edges and metal grommets where applicable, and be kept in good repair.
(viii)
Feather banners/flags shall not have any source of illumination.
(3)
Signs exempt from requiring a permit.
The following signs shall be exempt from permitting, but shall comply with the regulations contained in this division:
(A)
A public notice or warning sign required by a federal, state, or local law, regulation, or ordinance, including historical signs and markers placed by a town, city, county, state or national historical preservation organization and official vehicle inspection station signs.
(B)
Any incidental sign located inside a building which is not displayed so as to be visible from outside the building. Signs located within a covered shopping center building shall comply with the International Building Code, as adopted by the town. These generally include credit card decals, hours of operation signs, emergency contact information, and similar signs.
(C)
Works of art, including barber poles attached to a building that do not include a commercial message.
(D)
Telephone and other underground utility warning signs, and other safety signs not exceeding one square foot in area.
(E)
Security warning, neighborhood watch or crime watch signs under two square feet in area.
(F)
On-premises residential real estate signs, political signs, garage sale signs.
(G)
Temporary holiday and special event decorations located in residential areas.
(H)
Holiday decorations in commercial areas shall not require a permit provided:
(i)
That the decorations do not have any advertising copy;
(ii)
That the decorations be displayed for a maximum of thirty (30) days;
(iii)
That any window decorations meet the window sign requirements; and
(iv)
That any inflatable decorations over ten feet (10') tall or mounted off of the ground shall require a permit.
Table 14.10.730 Permitted Signs | |||||||
|---|---|---|---|---|---|---|---|
Type of Sign | District Allowed | Max. Area (sq. ft.) | Max. Height (ft) | Permit Required | Lighting Allowed | Duration Type | Additional Requirements |
Building sign | R-4, C-1, C-2, C-3, C-4, L-I | 12% of wall | Top of parapet wall or roof | Yes | Yes | Permanent | See 14.10.730(1)(A) |
Canopy sign | R-4, C-1, C-2, C-3, C-4, L-I | 12% of wall | Top of parapet wall or roof | Yes | Yes | Permanent | See 14.10.730(1)(B) |
Under canopy sign | R-4, C-1, C-2, C-3, C-4, L-I | 6 | Ceiling of Canopy | Yes | No | Permanent | See 14.10.730(1)(C) |
Single tenant monument | R-4, C-1, C-2, C-3, C-4, L-I | 60 | 6 | Yes | Yes | Permanent | See 14.10.730(1)(D) |
Multi-tenant monument | C-1, C-2, C-3, C-4, L-I | 120 | 12 | Yes | Yes | Permanent | See 14.10.730(1)(E) |
Single tenant pole sign | C-2, C-3, C-4, L-I | 100 | 35 | Yes | Yes | Permanent | See 14.10.730(1)(F) |
Multi-tenant pole sign | C-2, C-3, C-4, L-I | 200 | 50 | Yes | Yes | Permanent | See 14.10.730(1)(G) |
Menu boards | C-2, C-3, C-4, L-I | 45 | 6 | Yes | Yes | Permanent | See 14.10.730(1)(H) |
Residential subdivision | R-1, R-2, R-3, R-4, R-5 | 20 | 5 | Yes | No | Permanent | See 14.10.730(1)(I) |
Company logo flag | R-4, C-2, C-3, C-4, L-I | 60 | 35 | Yes | No | Permanent | See 14.10.730(1)(J) |
Fence signs | C-2, C-3, C-4, L-I | 60 or 25% of fence area | n/a | Yes | No | Permanent | See 14.10.730(1)(K) |
New development signs | All districts | 100 | 15 | Yes | No | Temporary | See 14.10.730(2)(A) |
Inflatable and balloon signs | C-2, C-3, C-4, L-I | N/a | 25 | Yes | No | Temporary | See 14.10.730(2)(C) |
Residential and real estate | All residential | 6 | 6 | No | No | Temporary | See 14.10.730(2)(D) |
Developed nonresidential real estate | All commercial | 50 | 8 | Yes | No | Temporary | See 14.10.730(2)(D) |
Developed nonresidential real estate | All commercial | 12% of wall face | Top of parapet wall or roof | Yes | No | Temporary | See 14.10.730(2)(D) |
Undeveloped nonresidential real estate | All commercial | 50 | 10 | Yes | No | Temporary | See 14.10.730(2)(D) |
Garage sale signs | All residential | 6 | 3 | No | No | Temporary | See 14.10.730(2)(E) |
Political Signs | All districts | 36 | 8 | No | No | Temporary | See 14.10.730(2)(F) |
Community event signs | All districts | 8 | None | Yes, No Fee | No | Temporary | See 14.10.730(2)(G) |
Construction trade signs | All residential | 6 | 3 | No | No | Temporary | See 14.10.730(2)(H) |
Construction trade signs | All commercial | 50 | 10 | No | No | Temporary | See 14.10.730(2)(H) |
Grand Opening signage | All commercial | Depends on type | Depends on type | Yes, No Fee | No | Temporary | See 14.10.730(2)(I) |
Pennants | All commercial | N/a | 15 above vehicular traffic | No | No | Temporary | See 14.10.730(2)(J) |
Window signs | all commercial | Not to exceed | n/a | No | n/a | Temporary | See 14.10.730(2)(K) |
Commercial banner signs | R-4, C-1, C-4, C-3, C-4, L-I | 50 | Top of parapet wall or roof | Yes | No | Temporary | See 14.10.730(2)(L) |
Feather banner/flag | All commercial | 50 | 11 | Yes | No | Temporary | See 14.10.730(2)(M) |
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.735 Prohibited.
Signs not specifically allowed by this division are prohibited, including:
(1)
Roof signs.
See definition.
(2)
Billboard advertising signs.
See definition.
(3)
Rotating and flashing signs.
Revolving, rotating, flashing, or blinking beams or beacons of light shall be prohibited as a part of a sign display, including signs in windows, or as a device to attract attention, except as required by a governmental agency.
(4)
Private signs on public property.
Private signs shall be prohibited upon public property unless authorized by the town, other appropriate governmental authorities, or as provided by these regulations.
(5)
Signs attached to utility poles.
Signs attached to light poles, utility poles, traffic-control poles, fences and trees shall be prohibited, unless authorized by the town.
(6)
Display of offensive signs.
Any sign deemed by the town to be in violation of this subsection shall be declared a public nuisance.
(7)
Off-premises advertising shall be prohibited; unless provisions for such signs are contained in these regulations or in state law, or are approved by PD site plan for property that does not abut the nearest public street and signage can be provided as part of multi-tenant monument sign.
(8)
Other signs.
Any other sign not specifically allowed by this division is prohibited.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.740 General provisions.
The following general provisions shall be applicable to all signs erected within the corporate limits of the town. Where a conflict may exist between a general provision and a specific regulation, the specific regulation shall have priority over the general provision.
(1)
Signs in right-of-way.
No sign, whether requiring a permit or not, shall be located within or project over any public right-of-way except as otherwise approved in a planned development site plan that has build to lines at the public right-of-way. This provision shall not be applicable to traffic-control signs, or entrance and exit signs less than thirty inches (30") above grade placed with permission of the town.
(2)
Interference with safety provisions.
No sign shall be erected in such a manner that any portion of its surface or support structure will interfere in any way with the free use of any fire escape, exit, standpipe, or window, or obstruct any required ventilator or door stairway.
(3)
Encroachment.
A sign shall not be constructed within or project over any property line, vehicular right-of-way line, public drainage easement, public or private utility easement, without an encroachment in a mixed use zoning district or a planned development site plan that has build to lines at the public right-of-way.
(4)
Lighting.
Where provided for in these regulations, certain signs may be illuminated. Illumination may be internal, or indirect, as defined elsewhere in these regulations. All electrical facilities shall require separate electrical permits and shall be installed in accordance with the current National Electrical Code as adopted by the town. Lighting shall be installed so as to avoid any glare or reflection onto adjacent property, or create a traffic hazard on a street. Illuminated signs situated within one hundred feet (100') of residentially zoned property shall be shielded to minimize glare and direct visibility of the source of light from the residential area and nearby traffic.
(5)
Visibility triangles.
No sign, fence, screening wall, structure, hedge, tree, or shrub shall be erected, planted or maintained in such a manner so as to obstruct or interfere with a clear line of sight for the drivers of approaching motor vehicles within a visibility triangle, as defined in article 14.02. The placement of utility poles or traffic-control devices shall be regulated by the public works director.
(6)
Content.
Commercial signs shall identify the name of the building or tenant, the business conducted on the premises, and may contain the site’s physical address.
(7)
Traffic-control conflicts.
No sign or lighting permitted under these regulations shall be erected, placed or allowed to remain where such sign creates confusion, impairs hearing or vision, or otherwise distracts automotive drivers using any public street. Specifically prohibited are:
(A)
High intensity bare bulb lighting or any lighting which creates a glare on any sign or signals unreadable at the normal viewing range by a driver on the public street.
(B)
Signs duplicating colors, characteristics, or symbols of traffic signs or signals, or signs which cause confusion in reading such traffic signs or signals at normal viewing range.
(C)
Signs or equipment, which produces noises, bells, or whistles which may be confused with the warning devices of emergency vehicles traveling in the public streets.
(8)
Residential area nuisance.
No sign or lighting permitted under these regulations shall be authorized where such sign or lighting, by reason of placement, lack of shielding, noise generation, or character of operation, causes material distress, discomfort or injury to persons of normal sensibilities residing on adjacent property or would interfere with the reasonable use, enjoyment, or right of privacy on his property.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.745 Maintenance.
(a)
Signs and sign structures, including those existing prior to the effective date of this division, shall be maintained at all times in a state of good repair, safe and secure condition, with all letters, braces, bolts, slips, supporting frame and fastenings free from deterioration, termite infestation, rot, rust or loosening, and be able to withstand at all times the dead load and wind pressure for which they were originally designed.
(b)
Sign supports, structures and faces of all exterior surfaces that are covered with paint shall be regularly painted to prevent rusting, peeling or blistering surfaces.
(c)
Any sign or sign support which varies, leans or lists fifteen degrees (15°) or more from horizontal or vertical original design (unless approved as part of the original design) shall be considered as requiring maintenance, and shall be repaired or removed by the owner.
(d)
At no time shall a sign’s internal structure or lighting be exposed unless it is actively under repair.
(e)
Signs that are not maintained and allowed to become dilapidated and deteriorated will be declared illegal by the zoning administrator or designee. The sign will then be subject to the enforcement procedures in section 14.10.775.
(f)
All internally or externally lit signs shall be fully functional or the lighting shall be turned off until such time as the sign is fully functional.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.750 Construction specifications.
(a)
Construction standards and materials.
(1)
The construction of all signs shall comply with the structural requirements of the current International Building Code, as adopted by the town. Any electrical installations shall comply with the current National Electrical Code as adopted by the town.
(2)
All sign structures shall be painted or anodized to blend with the architecture. Any metal surfaces that are subject to rust or corrosion shall be protected by paint or some other approved treatment.
(b)
Sign area measurement.
(1)
For all signs, allowable sign area based on building or property frontages shall apply only to each respective street frontage. The sign area allowed for all street frontages shall not be combined for use along one (1) street frontage.
(2)
The maximum size area in square feet as prescribed in section 14.10.730 shall apply to only one sign face. If the sign has more than one face, the maximum area of all faces shall be twice the area prescribed in section 14.10.730 of this division.
(c)
Symbols.
Symbols which are designed as an integral part of the building structure shall not be regulated by the sign ordinance.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.755 Abandoned and obsolete signs.
(a)
Abandoned signs.
(1)
The use of any permanent sign which is located on property which is vacant at the time of, or becomes vacant subsequent to, the passage of this division shall be deemed to have been abandoned.
(2)
All abandoned sign lettering should be removed immediately, but shall be removed no later than ten (10) days after notification from the zoning administrator. In the case of a painted sign, it shall be painted over. In the case of an internally lit sign, a blank panel shall be installed. In the case of applied letters or other material, they shall be removed.
(3)
If advertising copy is not removed within the stated period, the zoning administrator will declare the sign illegal.
(b)
Obsolete signs.
Any temporary sign observed to display a message pertaining to a time, event, or purpose that no longer applies shall be deemed obsolete. Obsolete signs will be declared illegal by the zoning administrator, and be subject to the enforcement procedures in section 14.10.775 “illegal signs – enforcement.”
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.760 Signs exceeding height or area.
In order that the town may develop in accordance with the intent and purpose of this division and in order that substantial justice may be done, signs may be erected which exceed the height and area limitations contained in section 14.10.730 “classifications,” after approval of the same as a specific use in compliance with the terms and provisions of article 14.08, division 2, “specific use regulations,” having due regard for the topography of the premises and the elevation of adjacent roadways.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.765 Continuation of legal-nonconforming signs.
All legal nonconforming signs, legally existing in use on the effective date of this division, will be subject to the requirements of Texas Local Government Code chapter 216. These signs will be required to be removed in any of the following cases:
(1)
The sign is rendered abandoned according to section 14.10.755 “abandoned and obsolete signs” and has remained so for six (6) months.
(2)
The sign is rendered abandoned according to section 14.10.755 “abandoned and obsolete signs” on a lease space and has remained so for six (6) months.
(3)
That no sign shall be re-established as nonconforming after damage or destruction if the estimated expense of reconstruction exceeds sixty percent (60%) of the replacement cost for the entire sign.
(4)
The town may require the relocation, removal or reconstruction of any legal nonconforming sign provided the town creates a municipal board on sign control to determine the amount of compensation that must be provided to the sign owner for such changes.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.770 Unsafe and dangerous signs.
The zoning administrator shall require that any sign or sign supports that are deemed unsafe, dangerous, or that pose an immediate threat to the safety of the general public be made safe by repair or removal. The zoning administrator shall make reasonable effort to notify and allow the owner, tenant and/or agent of the sign or sign structure to abate the unsafe, dangerous or threatening condition. The sign shall be made safe within twenty-four (24) hours of notification. Whenever the property owner, agent, or tenant fails to abate the unsafe or dangerous condition within the that time, or cannot be found for notification, the Zoning Administrator is hereby authorized to declare the sign illegal, remove or repair the sign, and require reimbursement to the town per the procedures in section 14.10.775(b)(2) and (3).
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.775 Illegal signs - enforcement.
(a)
Illegal signs and impoundment - temporary signs.
Failure to remove a temporary sign upon expiration of authorized period shall constitute a violation. Placement of a sign without a required permit shall constitute a violation. The owner, person in control of premises, or sign contractor where a temporary sign is located or placed shall be chargeable with any violation defined in this division.
(1)
Any temporary sign deemed illegal shall be placed in an inventory of illegal signs.
(2)
An illegal sign may be returned to the owner upon payment of a return fee, as listed in appendix A “fee schedule.”
(3)
If owner has not claimed an illegal temporary sign within fourteen (14) days of it being entered into the inventory, the sign will be the property of the town.
(4)
Continued disregard for the requirements for use of temporary signs may require the town to issue a citation to the offending party.
(b)
Illegal signs and impoundment - permanent signs.
The relocation, reconstruction or removal of permanent signs shall be handled by the following procedures.
(1)
Correction or removal of a permanent illegal sign by town.
If the owner of any lot or premises upon which a permanent illegal sign as described in this article fails to legally correct, remedy or remove such sign within thirty (30) days after initial notice to do so is given, the town may do such work as necessary to correct, remedy or remove such condition, or cause the same to be done, and pay therefore and charge the expenses and appropriate administrative costs incurred thereby to the owner of such lot. The doing of the work by the town shall not relieve such person from prosecution for failure to comply with such notice in violation of this section.
(2)
Statement of expenses.
The town shall deliver a detailed invoice of such expenses and administrative fees to the owner and require payment within thirty (30) days. Such expenses may be assessed against the lot or real estate upon which the work was done or the improvements made. Whenever any work is done or improvements are made by the town under the provisions of this section, and payment is not received within thirty (30) days, the town manager or his designee on behalf of the town may file a statement of the expenses incurred thereby with the county clerk. Such statement shall give the amount of such expenses and the date or dates on which the work was done or the improvements were made.
(3)
After the statement of expenses is filed, the town shall have a privileged lien on the lot or real estate, upon which the work was done or improvements made, to secure the expenses thereof. Such lien shall be second only to tax liens and liens for street improvements, and the amount thereof shall bear interest at the rate of eight percent (8%) per annum from the date of payment by the town of such expenses. For any such expenditures and interest, suit may be instituted and recovered and foreclosure of the lien may be had in the name of the town, and the statement of expenses made, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or improvements. The mayor must execute releases of liens upon payment thereof.
(Ordinance 17-804 adopted 5/8/17)
§ 14.10.805 Purpose.
The purpose of this division is to protect the public health, safety and welfare of the town residents by requiring the registration and permitting of donation boxes on private property within the town limits. This division further serves to protect the aesthetic well-being of the community and promote the tidy and ordered appearance of developed property. The provisions included herein are intended to provide efficient legal remedies for unpermitted or poorly maintained donation boxes that threaten the orderly development of the town. These provisions are cumulative of all town ordinances.
(Ordinance 19-851 adopted 12/9/19)
§ 14.10.810 Applicability.
The requirements of this division shall apply to all donation boxes regardless of whether said boxes were placed prior to the effective date of these regulations. No previously placed donation boxes shall be granted any legally non-conforming rights under this chapter.
(Ordinance 19-851 adopted 12/9/19)
§ 14.10.815 General provisions.
(a)
Donation box permit required.
It shall be unlawful for any person to place or maintain, or allow to be placed or maintained, a donation box at any location within the town, without a valid permit issued in accordance with this division. The owner of any donation box already in place at a location in the town at the time this division becomes effective shall submit an application for a donation box permit in accordance with this division no later than 30 days after the effective date of this division.
(b)
Impoundment.
Any donation box located within the jurisdiction of the town that does not have a current, valid permit shall be subject to impoundment by the town. Any donation box impounded by the town shall be released to the owner upon payment of all applicable impoundment and storage fees. If a donation box is impounded for longer than ten calendar days, it shall be considered abandoned property subject to disposal or sale at the town’s sole discretion.
(c)
Permissible districts.
Donation boxes shall only be permitted to be placed on real property located within the following zoning use districts in C-1, C-2, C-3, C-4 and light industrial. Donation boxes may also be permitted on real property zoned planned development within the above-referenced underlying zoning use districts. Donation boxes shall not be permitted to be placed on real property located within any other zoning use districts.
(Ordinance 19-851 adopted 12/9/19)
§ 14.10.820 Permit and decal required.
It shall be unlawful for any person that owns, leases, is in control of, or is entitled to possession of real property within the town, to authorize or allow any donation box to be placed on or remain on such real property without a valid permit and permit decal in compliance with the provisions of this article.
(Ordinance 19-851 adopted 12/9/19)
§ 14.10.825 Permit requirements.
(a)
Permit and decal required.
A permit and corresponding decal to allow a donation box to be placed and used at a designated location shall be issued by the zoning administrator within sixty (60) days of receipt of a completed application after determining that all the requirements of this section are satisfied.
(b)
Authorization for use.
A written authorization allowing the donation box on the property shall be required from the real property owner, lessee, or property manager.
(c)
Requirement to keep clean.
A permit holder shall be responsible for collecting the contents of the donation box to prevent overflow and littering. A permit holder shall keep the real property situated within 25 feet of the location of a donation box clean and free of trash, debris, broken glass, coat hangers, clothes, clothing accessories, or excess donations. A permit holder that fails to maintain the cleanliness of the surrounding real property may receive a notice of violation from the town. If the town elects to send a notice of violation to the email address on file for the permit holder, the permit holder shall have 48 hours to remedy the complaint. Failure to comply with a notice of violation may result in the issuance of a citation by the town. A permit holder who is issued a citation within the one-year term of a donation box permit is subject to revocation of the associated donation box permit.
(d)
Number of boxes allowed.
No more than one (1) donation box may be permitted for placement on any one lot. In the case of a shopping center or office development that consists of multiple platted lots, the zoning administrator shall treat the shopping center or office development as if it is only one contiguous lot. In the case of a shopping center or office development, the zoning administrator can permit a single additional donation box; provided that neither box is within 50-feet of the other, unless both donation boxes are operated by the same person.
(e)
Maximum size of the box.
No donation box shall exceed 120 cubic feet in size.
(f)
Construction material for the box.
Each donation box shall be constructed from metal material to prevent high winds from toppling and/or moving the donation box and to reduce the potential of arson or graffiti.
(g)
Color of the box.
Each donation box shall be painted one solid color. Trade dress color schemes or corporate logos will be allowed. No fluorescent colors shall be used for a donation box or its associated signage.
(h)
GPS coordinates.
No donation box shall be permitted without a valid set of GPS coordinates identifying the placement location of the donation box.
(i)
Placement on site.
No donation box shall be permitted within the row of parking adjacent to street right-of-way unless an existing landscape setback is present in good condition. If there is no existing landscape setback, a donation box shall not be placed less than 40 feet from the adjacent street right-of-way.
(j)
Notice to donators.
Each donation box shall clearly indicate in writing on the front side of each box that all donations must fit into and be placed within the donation box. The size of lettering for the notice shall not be less than one-half inch in height.
(k)
Contact information.
The permit holder placing or maintaining the donation box shall display current contact information including street address and phone number on the donation box. Said information must be readable and clearly visible to the public from the front side of the box. The size of lettering for the contact information shall not be less than one-half inch in height.
(Ordinance 19-851 adopted 12/9/19)
§ 14.10.830 Applications for permits.
(a)
Contents of application.
Applicants for permits under this division shall file a written, sworn application with the zoning administrator. The application shall include the written authorization of the property owner, lessee, or property manager allowing the donation box on the property. A site plan depicting the exact proposed location (with GPS coordinates indicated) of the donation box shall be submitted with each application.
(b)
Separate application and permit.
A separate permit and application shall be required for each donation box regardless of the ownership thereof. Permits issued under the provisions of this division shall be valid only at the address and GPS coordinates stated on the permit.
(c)
Annual permit.
An annual permit fee for each donation box shall be required. All permits shall expire on the one-year anniversary of the date of issuance.
(d)
Appeal of denial.
Any person denied a permit shall have the right to appeal such action in accordance with the provisions of section 14.03.015 of this code.
(Ordinance 19-851 adopted 12/9/19)
§ 14.10.835 Transfer of permit prohibited.
No permit issued under the provisions of this division shall be transferable. The authority a permit confers is conferred only on the permit holder named therein.
(Ordinance 19-851 adopted 12/9/19)
§ 14.10.840 Maintenance and upkeep.
(a)
Jointly responsible.
The permit holder and the real property owner shall be held jointly and severally liable and responsible for the maintenance, upkeep, and servicing of the donation box and clean up and removal of any donations left on the property outside of the donation box.
(b)
Abatement.
The town shall have the authority to abate any property in violation of this article that is deemed a public nuisance under the procedures contained in chapter 8 offenses and nuisances of the Code of Ordinance for the town.
(c)
Integrity of box.
The visual and structural integrity of the donation box must be maintained continuously.
(d)
Placement of box.
The placement of the donation box shall not impede traffic nor visually impair any motor vehicle operation within a parking lot, driveway or street. The donation box shall not be located in a required landscape or building setback, drainage easement, floodplain, driveway, utility easement or fire lane. The donation box must not be located in, or block public access to, any required off-street parking spaces, access easements, or stacking lanes serving a structure on the property, fire lane, or fire hydrant.
(e)
Distance from residential district.
No donation box shall be permitted to be placed or remain placed within 200 feet from a residential dwelling use district. Said distance shall be measured from a donation box to a residential lot line.
(f)
Parking space.
At least one (1) stacking or parking space must be provided for use of persons accessing the donation box.
(g)
Permit decal.
The current permit decal for the specific donation box must be affixed and displayed at all times on the outside of the donation box on the front side.
(h)
Collection materials.
The donation box shall only be used for the solicitation and collection of clothing and household items. All donation materials must fit into and be placed inside the donation box. The collection or storage of any materials outside the container is strictly prohibited.
(i)
Maintenance standards.
The donation box shall be continuously maintained in compliance with all requirements imposed by section 14.10.825, permit requirements.
(Ordinance 19-851 adopted 12/9/19)
§ 14.10.845 Revocation of permit.
(a)
Grounds.
Any permit issued hereunder may be revoked by the zoning administrator if the permit holder has (1) received a citation for a violation of this chapter or any other provision of this Code of Ordinances within the preceding 12-month time period; or (2) has knowingly made a false material statement in the application; or (3) has otherwise become disqualified for the issuance of a permit under the terms of this division.
(b)
Notice.
Notice of the revocation shall be given to the permit holder in writing, with the reasons for the revocation specified in the notice, served either by personal service or by certified United States mail to their last known address. The revocation shall become effective the day following personal service or if mailed, three (3) days from the date of mailing.
(c)
Appeal; hearing.
The permit holder shall have ten (10) days from the date of such revocation in which to file notice with the zoning administrator of their appeal from the order revoking said permit. The zoning administrator shall provide for a hearing on the appeal in accordance with the provisions of section 14.03.015 of this code.
(d)
Removal of box; impoundment.
Upon finalization of any revocation, the permit holder shall remove said donation box no later than ten (10) days after said final decision. Upon expiration of this 10-day grace period, the donation box shall acquire noncompliant status and be subject to immediate impoundment without further notice. Any donation box impounded by the town shall be released to the owner upon payment of all applicable impoundment and storage fees. If a donation box is impounded for longer than ten calendar days, it shall be considered abandoned property subject to disposal or sale at the town’s sole discretion.
(e)
One-year waiting period.
In the event the permit of any permit holder is revoked by the administrator, no second or additional permit shall be issued to such person within one year of the date such permit was revoked.
(Ordinance 19-851 adopted 12/9/19)
§ 14.10.850 Fees.
All fees established by this division shall be in an amount set by the town council as set forth in the fee schedule located at appendix A of this code.
(Ordinance 19-851 adopted 12/9/19)
§ 14.10.855 Appeals of denial or revocation of permit.
(a)
Upon denial or revocation of a permit for a donation box, the zoning administrator, or his designee, shall notify the applicant or permit holder, in writing, of the reason for which the permit is subject to denial or revocation. The applicant or permit holder shall file a written request for a hearing with the zoning administrator within ten (10) days following service of such notice. If no written request for hearing is filed within ten (10) days, the denial or revocation is sustained.
(b)
The appeal shall be conducted in accordance with the provisions of section 14.03.015 of this Code.
(c)
An appeal shall not stay the denial or suspension of the permit unless otherwise directed by the zoning administrator.
(Ordinance 19-851 adopted 12/9/19)
§ 14.10.860 Appeals of zoning administrator decision.
(a)
All appeals zoning administrator decisions must be made in writing and received by the zoning administrator no less than ten (10) days after any final decision made by the zoning administrator and shall be conducted in accordance with the provisions of section 14.03.015 of this code.
(b)
The zoning board of adjustment may consider any or all of the following factors when reaching a decision on the merits of the appeal:
(1)
The number of violations, convictions, or liability findings;
(2)
The number of previous revocations;
(3)
The number of repeat violations at the same location;
(4)
The degree to which previous violations endangered the public health, safety or welfare; or
(5)
Any pending action or investigation by another agency.
(c)
An appeal in accordance with the provisions of section 14.03.015 of this code does not stay the effect of a denial or revocation or the use of any enforcement measure unless specifically ordered by the zoning administrator or the zoning board of adjustment.
(Ordinance 19-851 adopted 12/9/19)
§ 14.10.865 Offense/penalty.
(a)
A person who violates any provision of this division by performing an act prohibited by this division or by failing to perform an act required by this division is guilty of a misdemeanor punishable as provided in section 1.01.002 [1.01.009] of this code.
(b)
A culpable mental state is not required for the commission of an offense under this division.
(c)
Nothing in this division shall limit the remedies available to the town in seeking to enforce the provisions of this division.
(d)
All other legal remedies are reserved by the town if necessary to enforce the provisions of this division. This shall be in addition to, and not in lieu of, the criminal penalties provided for in this division.
(Ordinance 19-851 adopted 12/9/19)