It shall be unlawful for any person to construct, alter, add to, or repair a fence on any property prior to obtaining a fence permit from development services except that repairs not involving posts or not in excess of fifty percent (50%) any one run, such as replacing pickets or customary maintenance, may be completed without a permit with materials matching the existing fence. If the cumulative effect of a series of repairs over a twelve (12) month period exceeds fifty percent (50%) of any one run or involves post installation, a permit is required. All damaged, removed, blown down, or missing portions of such fence shall be replaced, stood up, or repaired with comparable materials of a comparable color to the remaining portion of such fence. Minor repairs must be performed within a reasonable amount of time as determined by the city.

Within five business days of completion, the fence installer shall schedule a final inspection of the fence. The building official (or designee) will issue an acceptance if the fence complies with the provisions of this article, or it will be rejected. All fences constructed under the provisions of this article shall be maintained so as to comply with the requirements of this article at all times. Fences shall be maintained by the owner or person in charge of the property in as near as possible the condition of such fence when it: installed and accepted as provided herein, and will be subject to code compliance notification and issuance of a citation if not maintained in such condition. Fences shall be maintained as follows:

All masonry columns or retaining walls greater than four feet (4') in height shall require an engineered stamped design, reviewed, permitted and inspected.

Adequate plans and specifications, which includes a plot plan showing exact materials, easements, location, height, dimensions from property lines, sidewalks, curbs, and location of gates, as determined by the building official, shall be attached to the permit application.

Decorative driveway entrances not exceeding 8' in height are permitted on residential estate parcels greater than one (1) acre in area that front a right-of-way 60 feet or more in width.

The city council may permit the use of alternative materials and methods that comply with industry standards for fences or screening walls for government-related facilities, including sports facilities.

An appeal from a decision of the building official under the terms of this part shall be made to the board of adjustment, pursuant to section 1.07.067 [section 1.07.063].

When, in its judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially injured, the board of adjustment may authorize variance to the regulations provided in this article, after a public hearing, in order to permit reasonable development and improvement of property where the literal enforcement of the regulations would result in an unnecessary hardship and if it is found that the variance is within the general purpose and intent of this article.

No person shall build any fence composed, in whole or in part, of:

The following are affirmative defenses to a violation of this section:

Barbed wired fences or welded or woven wire fences used in conjunction with permitted agricultural and related activities on properties over one acre and in industrial districts are permitted but are expressly prohibited in all other districts except as provided in subsection (3)(B) [(h)(2) below].

Barbed wire strands may be placed on top of permitted fences and screening elements in any district for the purpose of security around public utilities provided the top strand is not higher than eight feet (8') and the bottom strand lower that six feet (6') from the adjacent grade line.

Screening elements and fences shall be restricted to a maximum height of eight feet (8'), measured from the adjacent grade line, except as otherwise allowed.

No screening element or fence shall be erected, placed, or planted beyond the front building line of any permitted building in a residential district, either on a corner lot or interior lot, unless otherwise allowed by a variance from the zoning board of adjustment.

No screening element comprised of brick, masonry, concrete, chainlink, or solid metal shall be erected or placed where it would interfere with the installation or maintenance of any public utility line, service, or drainageway, or be erected or placed within the easements reserved therefor.

Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be suitably screened by the nonresidential use so as to obscure the view from the residential lot, use or district to the nonresidential use to a height not less than six feet (6').

Where a district boundary separating a residential district from a nonresidential district is along a street or alley, or an automobile parking lot or parking area is located in the front yard of the nonresidential use, then said parking lot or parking area facing the residential lot, use, or district shall be suitably screened to a height of not less than three and one-half (3-1/2) feet.

Where garbage, refuse, and trash collection/storage is permitted and the screening thereof is required, then such screening shall be provided around the exposed perimeter thereof of not less than six feet (6') in height.

Off-street loading areas shall be adequately screened from view of any residential dwelling or any other adjacent residential land use.

All required screening elements shall be permanently and adequately maintained by the property owner.

Where a multifamily use abuts a one- or two-family district, the side and rear property lines of said multifamily district shall be suitably screened from view, to a height not less than six feet (6'), of any adjacent dissimilar residential dwelling, lot or property.

Garbage, refuse, and trash collection/storage areas in any multifamily development or other nonresidential use permitted in a residential district shall be enclosed on at least three (3) sides by a dense screening element to adequately screen such area from view of the surrounding area and shall provide access gates for humans and for garbage trucks.

No screening or fence shall be erected, placed, or planted beyond the front building line of any permitted building in a residential district, either on a corner lot or interior lot.

No fence shall be located within any easement except by prior written approval of those agencies having interest in such easement. Fences within utility, surface drainage (including inlets and concrete flumes) and maintenance easements must be constructed with ornamental iron and removable fence sections. All vertical bars must be a minimum of three inches on center and must not exceed 3-15/16 inches on center. The maximum diameter of all vertical and horizontal bars shall be two inches. The minimum clearance between the bottom of the fence and grade is two inches. Fences within drainage easements that serve underground reinforced concrete pipe (i.e., nonsurface drainage) must be constructed with metal posts and with removable fence sections.

Where subdivisions are platted so that the rear or side yards of single-family residential lots are adjacent to a public street on which a screening wall has been provided, no wall or fence shall be attached to the screening wall.

On all reverse frontage corner lots it shall be unlawful to construct a fence within the required side yard area that is adjacent to a front yard area at a distance closer than fifteen (15) feet of the side property line.

Any fence built so as to enclose an area shall provide a gate or other opening in the fence of at least three feet in width and with a minimum headroom clearance of six feet, eight inches in height.

Gates for vehicular use must be a minimum of 24 feet from the property line for all types of property other than residential.

In the event that a multifamily property sides or backs upon a single-family or duplex residential district, or in the event that a nonresidential district (including PDs) sides or backs upon any type of residential, a solid brick/masonry screening wall of not less than six feet, nor more than eight feet in height, shall be erected on the property line separating these districts by the more intense use. The purpose of the screening wall or fence is to provide a visual and protective barrier between the properties. For these required screening walls, and also for screening walls/fences along arterials, ornamental lighting and detailing that are placed on top of the masonry support columns may exceed the maximum eight-foot height limit by up to 24 inches provided that they are decorative in nature and are integrated into (and complementary to) the design of the screening wall, and provided that light fixtures do not illuminate adjacent property or cause a nuisance to adjoining neighbors. Grand entryway features into subdivisions from an arterial shall be located on private property and shall be owned and maintained by a private entity. Such features shall not extend over the public right-of-way and shall be limited to a height of ten feet above grade unless otherwise approved on the screening/landscaping plans by the development services director. All fences/walls, other than private wood fences on residential lots/tracts, which shall only require a fence permit from the city, and subdivision entryway features shall be properly engineered, and shall be approved by the city engineer.

Solid masonry (brick, concrete block or concrete panels).

Wrought iron with solid landscape screening.

Alternative equivalent screening that is suited for the purpose for which the screening is proposed may be approved through consideration and approval of a plan for suggested screening alternatives that may be used in lieu of a solid masonry wall by city council.

No swimming pool shall be constructed or used until a swimming pool building permit has been issued therefor. No building permit shall be issued unless the proposed sanitary facilities and water supply comply with applicable local and state health department regulations.

A swimming pool - portable does not require a swimming pool permit.

The pool is not located in any required front or side yard abutting a street;

A wall or fence barrier, with self-closing and self-latching gates at all entrances, completely encloses either the pool area or the surrounding yard. The barrier must be a minimum of four feet tall for a swimming pool-portable and a minimum of six feet tall for all other swimming pools and comply with the following requirements for barriers:

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

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

The swimming pool is no closer than eight feet (8') from any property line.

Open or lattice enclosed fire escapes may project into a required yard not to exceed five feet (5'). The ordinary projections of a chimney’s pilasters shall be permitted by the city’s building official when placed so as not to obstruct light and ventilation.

Terraces, balconies, decks, uncovered porches and ornamental features which do not extend more than four feet (4') from the side wall line and being at least seven feet (7') above the floor level of the ground (first) story, may project into a required side yard, provided these projections be a distance at least four feet (4') from any adjacent side lot line. Such features may not project onto a required front or rear yard more than eight feet (8') from the front or rear wall line.

An unenclosed porch containing not more than forty (40) square feet may project into a required front yard for a distance not to exceed five feet (5').

A carport or canopy may project into a required side yard, provided every part of such carport or canopy is unenclosed except for necessary structural supports, and not less than five feet (5') from any side lot line.

Every part of a required yard shall be open to the sky, unobstructed by a building, except for the ordinary projections of sills, belt courses, cornices, and ornamental features not exceeding twelve inches (12"), or as otherwise excepted in subsection (b)(1) through (b)(4) of this section.

There is no restriction on the number of accessory structures in a residential district. However, the maximum area of all accessory structures on a lot in a residential district is limited to twenty-five (25) percent of the lot’s rear yard as defined as a yard extending across the full width of a lot and having a depth equal to the shortest distance between the rear lot line and the main building.

Accessory dwellings, including garage accessory dwellings and detached units, may be permitted in residential zoning districts (see regulations for the specific district and the use charts). Accessory dwelling units shall be allowed as an incidental residential use of a building on the same lot as the main dwelling unit and used by the resident or residents of the main building, and shall meet the following standards:

For the purpose of this section, temporary personal storage unit shall mean any container designed for the temporary storage of property. Such temporary storage units are typically rented to occupants of property for their storage use on a temporary basis and are typically delivered and removed by truck and/or trailer.

Regardless of the rear yard calculation, the maximum size of any one accessory structure shall be not more than 50% of the floor area of the primary or main building.

Accessory structures shall have an exterior siding of brick, stone, stucco, wood, or cementitious fiber board and must be of a color palette which matches or complements the main structure. Galvanized metal siding is prohibited however, metal siding is allowed with the following standards.

The following regulations shall govern the location, size, and use of all accessory structures.

The following items are required in order to be approved for an accessory structure permit.

An accessory structure which is proposed for a lot or tract of land which is directly adjacent to and visible from a public or private greenway, golf course, park, playground or other community open space amenity shall observe a setback requirement equal to the setback requirement for the main structure on the same lot.

Accessory buildings in nonresidential zoning districts shall not exceed the maximum height allowed in the specific zoning district. The height of a structure is measured from the finished grade to the peak of the roof.

In nonresidential zoning districts, the maximum size of an accessory building shall be not more than 50% of the floor area of the main building.

Accessory structures shall abide by the setbacks of the primary structure and shall not conflict with site features such as fire lanes, landscape buffers, required parking, and other issues deemed pertinent by the director.

Any barn facade shall be constructed from wood, masonry or metal materials.

Only the members of the immediate family occupying the dwelling shall be engaged in the home occupation.

The home occupation shall be conducted only within the enclosed area of the dwelling unit or the garage.

No more than twenty-five percent (25%) of the area of one story of the principal building shall be devoted to the home occupation.

There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation other than those signs permitted in the district.

No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible outside any structure located on the premises.

No use shall create smoke, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.

The home occupation shall not create any increase in vehicular flow or parking by more than two (2) additional vehicles at a time and shall not create greater pedestrian traffic than normal for the district.

No home occupation shall cause an increase in the use of any one or more utilities beyond the average of the residences in the neighborhood.

No more than one advertising sign with a maximum of four (4) square feet of a nonilluminating nature may be placed on the main building.

Accountant.

Artist.

Author.

Consultant.

Dressmaking.

Handicraft.

Individual tutoring.

Millinery.

Preserving.

Realtor.

Auto repairs.

Dance instruction.

Painting of vehicles or boats.

Photo studios.

Private schools.

Television repair.

The temporary living quarters of a foreman of a construction site for new construction or remodeling. The temporary living quarters of a foreman of a construction site shall be restricted to six (6) months only. The beginning date of the six-month period shall be from the date the building permit is issued by the building official. One six-month extension may be granted by the building official if the building official determines that an extension will be needed. No other extension shall be granted.

In a residential district or area, the temporary housing of guests not to exceed three (3) consecutive days. The property owner or agent must apply for a permit for these temporary guests, to the building official who shall issue the permit if the property owner or agent is eligible. Only four (4) permits per calendar year per property owner will be issued. There will not be a fee for this permit.

Appeals to the board concerning interpretation or administration of this section may be taken by any person aggrieved or by any officer, department or board of the city affected by any decision of the administrative official. Such appeals shall be taken within a reasonable time, not to exceed fifteen (15) days, after the decision has been rendered by the administrative official by filing with the official and the board a notice of appeal specifying the grounds thereof. The planning director shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

The board shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.

An appeal stays all proceedings in furtherance of the action appealed from, unless the planning director from whom the appeal is taken certifies to the board after the notice of appeal is filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed either than by a restraining order which may be granted by the board or by a court of record on application, on notice to the planning director from whom the appeal is taken and on due cause shown.

Temporary field or construction offices and temporary building material storage areas to be used solely for on-premises construction purposes in connection with the property on which they are erected, or within the same platted subdivision may be permitted in all zoning districts when approved by the administrative official. The application for a temporary use permit shall include a scale drawing showing the location and size of the building(s), all outside storage areas, and proposed construction fencing. Such permit shall be issued for temporary buildings on construction sites for a period of six (6) months, with a renewal clause for a similar period. Such buildings must be removed within 10 days after substantial completion (the building is securable and permanent utility connections have been made) or abandonment of such new construction to which they are accessory or upon the request of the administrative official or his/her designee.

Temporary concrete batch plants may be permitted for subdivision projects with the same conditions and requirements of subsection (1) above, except that the permit time shall be one (1) month and provided that they meet the following additional requirements:

Located on property with an elementary or high school;

Located on the property so as to provide safe access to the structure and be served by adequate parking;

Screened from view and sensitively located and to show adherence to the standards of the community;

Constructed of like colors to the elementary or high school on the property; and

Proposed in compliance with development standards with respect to setbacks, parking and lighting, and landscaping required for the residential zoning district.

The following building materials may be used as exterior siding materials for single-family homes and duplexes in the SF-E, SF-1, SF-2, SF-3, MF-1, and MF-2 zoning districts: Aluminum or steel siding (individual horizontal units), brick, cementitious fiberboard, glass block, manufactured stone (cement products), stone, stucco (three step process), vinyl or PVC siding (individual horizontal units), and wood.

The following building materials are prohibited as exterior siding materials in all residential zoning districts: Foam material (individual or panel units), gypsum, Masonite, particle board, or R-panel.

Promote the value of property, enhance the welfare, and improve the physical appearance of the city;

Reduce the negative effects of glare, noise, erosion and sedimentation caused by expanses of impervious and un-vegetated surfaces within the urban environment;

Preserve and improve the natural and urban environment by recognizing that the use of landscaping elements and retention of existing trees can contribute to air purification, oxygen regeneration, groundwater recharge, the provision of habitats for wildlife and enhance the overall beauty of the city.

The landscape plan may be prepared by the applicant or the applicant’s designee. The landscape plan is not required to be prepared by a registered or certified professional;

The landscape plan may be submitted as a part of the site plan or as a separate submittal. A landscape plan meeting the requirements of this section shall be provided and approved prior to the issuance of a building permit;

The landscape plan shall contain the following information:

Twenty percent (20%) of the total land area in any proposed multi-family residential development or construction that occurs for any use after the effective date of the ordinance from which this section derives shall be landscaped. This twenty percent (20%) requirement shall apply to each phase as it is developed;

Where the construction is to be a single phase or multi-phase development, only the area being constructed in the current phase needs to be subject to the landscape regulations. Each phase will be required to meet the landscaping requirements as they are being developed;

The use of native and adapted, drought tolerant plants is encouraged to meet requirements of this section;

Artificial plants or turf are expressly prohibited;

Species of trees shall be approved by the city;

An irrigation system must be provided with all landscape plans.

All preserved trees shall be flagged with bright fluorescent orange vinyl tape wrapped around the main trunk at a height of four feet (4') or more so that the tape is very visible to workers operating construction equipment;

A protective fencing may be required by the building official for trees to be preserved if the trees are located so close to the construction area that construction equipment will infringe upon the root systems. The fence will be placed between the trees and the construction activity in a manner to ensure that the tree roots, up to the drip line, will be protected from construction equipment.

The following standards shall apply to all MF-3 zoning districts:

Landscape planting shall not be erected or installed in such a manner to interfere with traffic view or impose safety hazards.

Landscapes should be designed to provide a natural appearance whenever possible. Design alternatives may include a variety of heights, clustering plant materials or other means that will achieve the desired effect.

If a parking lot is located fifty feet (50') or more from the street right-of-way, no shrubs or berms will be required.

Landscaping that, at ultimate growth, will be located within five feet (5') of any public right-of-way shall not exceed two feet (2') in height unless otherwise permitted or limited by the city.

It shall be the duty of every owner or occupant of any property in the city to keep any and all trees trimmed and pruned of limbs, branches and foliage that overhangs or obtrudes upon or over any dedicated public right-of-way, alley, or easement, where vehicles are driven to a minimum clearance of fourteen (14) fee above the surface.

Three (3) square feet of annual or perennial flowering plant beds may be substituted for each required 5-foot shrub.

Parking lot landscaping requirements shall be met for all customer and employee parking.

All landscaped areas, including the permeable areas and drip lines around trees and planting beds used for visual screening which abut any parking lot or vehicular travel area, shall be protected with curbs, tire stops/parking blocks or similar barriers sufficient to protect them from vehicular intrusion.

All landscaped areas shall be permanently maintained and provided with an automatic irrigation system.

A building utilized for the retail sale of beer and/or wine for off-premises consumption only shall be inspected and shall comply with all applicable local regulations, including but not limited to building codes, fire codes, plumbing codes, electrical codes and ordinances.

A restaurant utilized for the retail sale of alcoholic beverages for on-premises consumption shall be inspected and shall comply with all applicable local regulations, including but not limited to building codes, fire codes, plumbing codes, electrical codes and ordinances.

The following provisions shall be required for liquor (package) stores:

A bar/tavern shall be inspected and shall comply with all applicable local regulations, including but not limited to building codes, fire codes, plumbing codes, electrical codes and ordinances. The following additional provisions shall be required for a bar or tavern:

In addition to compliance with this article, all establishments at which alcoholic beverages are sold shall comply with the requirements contained in article 4.05, “alcoholic beverages” of this code, as may be amended from time-to-time, including without limitation distance requirements for location near schools, churches, hospitals and day-care facilities, as set forth therein or in accordance with the Texas Alcoholic Beverage Code or other applicable state law or court ruling.

That the application complies with all provisions of this and all applicable ordinances;

That a SUP application (if SUP is required) is officially filed with the payment of applicable fees;

That proof is submitted that a representative of the Texas Alcoholic Beverage Commission has approved the submittal of an application for license;

That distance and other requirements of article 4.05 and other applicable city ordinances have been met; and

That the chief of police/director of public safety has reviewed the SUP application (if SUP is required).

In order for a person to engage in alcoholic beverage sales for on-premises consumption (bar/tavern) in the C-1 or C-2 zoning districts, a formal application for a SUP shall be filed with the planning and zoning coordinator with the appropriate fee established by the city. The planning and zoning coordinator shall process the application by submitting to the planning and zoning commission for their review and recommendation and to the city council for approval or disapproval. The city council will consider and approve or disapprove the granting of a SUP. All of the provisions of the special use permit procedure shall apply as per the city’s comprehensive zoning ordinance, as amended. In the event of a conflict between the general regulations governing special use permits and the provisions contained in this section, the provisions of this section shall control.

Any business in existence prior to 6/25/2018 (the effective date of the original ordinance) which now requires the issuance of a SUP can continue to operate as a legal nonconforming business without the need for a SUP, until such time as the legal nonconforming use has expired.

The applicant must design and operate the establishment for which a SUP is sought in such a manner that the proposed use or actual use of the premises shall not substantially increase traffic congestion or create overcrowding in the establishment or in the immediately surrounding area.

The applicant must comply with applicable licensing and permit provisions of the Texas Alcoholic Beverage Code, as amended from the date of the issuance of the SUP by the city council.

The applicant shall demonstrate that the granting of the SUP would not be detrimental to the public health, safety and/or welfare of the citizens of the city.

The applicant shall, at all times, provide an adequate number of employees for security purposes to adequately control the establishment premises to prevent incidents of drunkenness, disorderly conduct and raucous behavior. The applicant shall consult with the chief of police/director of public safety who shall act in an advisory capacity to determine the number of qualified employees necessary to meet his/her obligation hereunder.

The establishment shall provide adequate parking spaces to accommodate its employees and patrons. Provided however, the number of parking spaces shall never be less than those required for similar uses in that zoning district where the establishment is located.

The applicant shall operate the establishment in such a manner as to prevent excessive noise, dirt, litter and odors in the establishment and in the surrounding area and operate the establishment in such a manner as to minimize disturbance to surrounding property owners and be in compliance with all applicable city ordinances and state laws.

All special use permits issued under this section shall be further conditioned that the same may be discontinued if the use for which the SUP was granted ceases to be operated at the permitted location for a minimum period of six (6) continuous months, or as otherwise provided for the revocation of SUPs, as outlined in the comprehensive zoning ordinance, as amended.

Is incompatible with the surrounding uses or property;

Is detrimental or offensive to the neighborhood or contrary to the health, safety, and general welfare of the city and its inhabitants; or

Is found to be in noncompliance with any city ordinances, including without limitation failure to comply with any one or more of the provisions of this section or with any applicable state law or court ruling.

Smoke/tobacco/CBD stores shall not be located within 500 feet, measured property line to property line, from a school (public or private), family day care home, child care facility, youth center, community center, recreational facility, park, church or religious institution, hospital, or other similar uses where children regularly gather.

Smoke/tobacco/CBD stores shall not be located within 1,500 feet, measured property line to property line, from another smoke/tobacco/CBD store.

No smoke/tobacco/CBD store shall knowingly allow or permit a minor, not accompanied by his or her parent or legal guardian, to enter or be present on the premises. It shall be the duty of the store and store’s employees to identify and ascertain the age of any such person and to refuse admittance to person not of age.

Smoke/tobacco/CBD stores shall post clear signage, minimum of 8-1/2" x 11" with a minimum of 24 font, stating that minors may not enter the premises unless accompanied by a parent or legal guardian. At least one such sign shall be placed in a conspicuous location near each public entrance to the smoke/tobacco/CBD store. It shall be unlawful for a smoke/tobacco/CBD store to fail to display and maintain, or fail to cause to be displayed or maintained, such signage.

No smoke/tobacco/CBD store shall sell a tobacco product or e-cigarette to a minor.

Retailers must register with the state and file information about customer or store with the comptroller.

Comply with all land use and zoning requirements; aesthetic standards; building setbacks; subdivision regulations in chapter 10 of this code; architectural landscaping; square footage; and other site requirements applicable to single-family dwellings;

Have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for each county in which the properties are located. “Value” means the taxable value of the industrialized housing and the lot after installation of the housing;

Have exterior siding, roofing, roof pitch, foundation fascia, articulation of front porches and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located; and

Be securely fixed to a permanent foundation.

A complete set of designs, plans, and specifications bearing the Texas Industrialized Building Code Council’s stamp of approval for each installation of industrialized housing or buildings in the municipality and require compliance with mandatory building codes;

All applicable local permits and licenses that must be obtained before construction begins on a building site;

In accordance with Texas Commission of Licensing and Regulation rules, all modules or modular components bear an approved decal or insignia indicating inspection by the Texas Department of Licensing and Regulation; and

The erection and installation of industrialized housing or buildings to be in the municipality, to ensure compliance with mandatory building codes and commission rules; and

All foundation and other on-site construction, to ensure compliance with approved designs, plans, and specifications.

Before occupancy, a final inspection in accordance with mandatory building codes; and

Correction of any deficiency identified in the final inspection.

One-family dwellings.

Churches.

Public schools.

Museums, libraries, parks, playgrounds, or community centers.

Municipal and utility company facilities where no public business office and no repair or storage facilities are maintained.

Country clubs, golf courses, (except miniature courses, driving tees and other similar activities operated for commercial purposes).

Swimming pools and pool cabanas (not to exceed 500 square feet).

Temporary buildings accessory to new construction as provided in section 14.02.114.

Fire stations.

Only the following accessory buildings and uses:

Animals as regulated by chapter 2 of this code.

Every use not hereby specifically authorized and permitted is expressly prohibited in SF-E Residential District.

There shall be a front yard having a depth of not less than thirty-five (35) feet.

There shall be a rear yard having a depth of not less than forty (40) feet.

The minimum width of the lot shall be one hundred twenty-five (125) feet at the building line.

The minimum lot depth shall be not less than two hundred (200) feet at the average distance between the front and rear lot lines.

Every lot shall have an area of not less than 43,500 square feet. The minimum floor area of the main building shall not be in the aggregate less than fifteen hundred (1,500) square feet, exclusive of porches, garages and accessory buildings.

The limits shall be two and one-half (2-1/2) stories, but not to exceed thirty-five (35) feet. Height limit for any accessory building shall be twenty-five (25) feet.

All new homes not yet under construction shall have at least a two-car enclosed garage, attached or detached, per dwelling unit.

All single-family districts of three (3) acres or less shall have paved driveways. Paving shall be concrete, asphalt, brick or pavers.

All buildings shall be constructed according to the standard masonry construction requirements as defined in section 14.02.151.

One-family dwellings.

Churches.

Public schools.

Museums, libraries, parks, playgrounds, or community centers.

Municipal and utility company facilities where no public business office and no repair or storage facilities are maintained.

Country clubs, golf courses, (except miniature courses, driving tees and other similar activities operated for commercial purposes).

Swimming pools and pool cabanas (not to exceed 500 square feet).

Temporary buildings accessory to new construction as provided in section 14.02.114.

Fire stations.

Only the following accessory buildings and uses:

Animals as regulated by chapter 2 of this code.

Every use not hereby specifically authorized and permitted is expressly prohibited in SF-1 Residential District.

There shall be a front yard having a depth of not less than twenty-five (25) feet.

There shall be a rear yard having a depth of not less than twenty-five (25) feet.

The minimum width of the lot shall be eighty (80) feet at the building line.

The minimum lot depth shall be not less than one hundred twenty-five (125) feet at the average distance between the front and rear lot lines.

Every lot shall have an area of not less than 10,000 square feet. The minimum floor area of the main building shall not be in the aggregate less than fifteen hundred (1,500) square feet, exclusive of porches, garages and accessory buildings.

The limits shall be two and one-half (2-1/2) stories, but not to exceed thirty-five (35) feet. Height limit for any accessory building shall be twenty-five (25) feet.

All single-family districts of three (3) acres or less shall have paved driveways. Paving shall be concrete, asphalt, brick or pavers.

All buildings shall be constructed according to the standard masonry construction requirements as defined in section 14.02.151.

One-family dwellings.

Churches.

Public schools.

Museums, libraries, parks, playgrounds, or community centers.

Municipal and utility company facilities where no public business office and no repair or storage facilities are maintained.

Country clubs, golf courses, (except miniature courses, driving tees and other similar activities operated for commercial purposes).

Swimming pools and pool cabanas (not to exceed 500 square feet).

Temporary buildings accessory to new construction as provided in section 14.02.114.

Fire stations.

Only the following accessory buildings and uses:

Animals as regulated by chapter 2 of this code.

Every use not hereby specifically authorized and permitted is expressly prohibited in SF-2 Residential District.

There shall be a front yard having a depth of not less than twenty-five (25) feet.

There shall be a rear yard having a depth of not less than twenty-five (25) feet.

The minimum width of the lot shall be seventy-five (75) feet at the building line.

The minimum lot depth shall be not less than one hundred (100) feet at the average distance between the front and rear lot lines.

Every lot shall have an area of not less than 7,500 square feet. The minimum floor area of the main building shall not be in the aggregate less than one thousand (1,000) square feet, exclusive of porches, garages and accessory buildings.

The limits shall be two and one-half (2-1/2) stories, but not to exceed thirty-five (35) feet. Height limit for any accessory building shall be twenty-five (25) feet.

All single-family districts of three (3) acres or less shall have paved driveways. Paving shall be concrete, asphalt, brick or pavers.

All buildings shall be constructed according to the standard masonry construction requirements as defined in section 14.02.151.

One-family dwellings.

Churches.

Public schools.

Museums, libraries, parks, playgrounds, or community centers.

Municipal and utility company facilities where no public business office and no repair or storage facilities are maintained.

Country clubs, golf courses, (except miniature courses, driving tees and other similar activities operated for commercial purposes).

Swimming pools and pool cabanas (not to exceed 500 square feet).

Temporary buildings accessory to new construction as provided in section 14.02.114.

Fire stations.

Only the following accessory buildings and uses:

Animals as regulated by chapter 2 of this code.

Every use not hereby specifically authorized and permitted is expressly prohibited in SF-3 Residential District.

There shall be a front yard having a depth of not less than twenty (20) feet.

There shall be a rear yard having a depth of not less than twenty (20) feet.

The minimum width of the lot shall be fifty (50) feet at the building line.

The minimum lot depth shall be not less than one hundred (100) feet at the average distance between the front and rear lot lines.

Every lot shall have an area of not less than 6,000 square feet. The minimum floor area of the main building shall not be in the aggregate less than one thousand (1,000) square feet, exclusive of porches, garages and accessory buildings.

The limits shall be two and one-half (2-1/2) stories, but not to exceed thirty-five (35) feet. Height limit for any accessory building shall be twenty-five (25) feet.

All single-family districts of three (3) acres or less shall have paved driveways. Paving shall be concrete, asphalt, brick or pavers.

All buildings shall be constructed according to the standard masonry construction requirements as defined in section 14.02.151.

Off-street parking and loading requirements shall conform to the provisions of section 14.02.402, Off-street parking and loading requirements.

In addition, any areas dedicated for parking of boats, trailers, and RV’s shall be separated from vehicle parking and shall be located in a designated area which is screened from the street and adjacent residential property.

Commercial or retail on tracts of three (3) acres or more.

Residential development on tracts of five (5) acres or more.

Industrial parks or districts on tracts of ten (10) acres or more.

Medical center or hospital.

Civic center and/or community center.

Office, motel or hotel center on tracts of one acre or more.

Recreation center.

Research park or scientific research center.

A combination of uses which are not customarily allowed in any one of the districts established in this article.

An application for a PD District shall include a list of development requirements, which may be incorporated into the PD ordinance. Development requirements may include, but not be limited to: density, lot size, unit sizes, setbacks, building heights, lot coverage, parking ratios, screening and other requirements the council may deem appropriate.

Standards set forth in specific zoning districts will be used as guidelines for planned developments. Modifications of standards may be considered if the modification substantially meets the intent of the ordinance and improves the overall development design or if a unique project design is proposed which cannot readily be accommodated through other districts. Pecuniary reasons shall not be the sole reason for modifying standards.

An application for a PD District shall include a concept plan showing a preliminary layout of proposed uses, access, buildings, parking, open space and the relationship to existing natural features and adjacent properties and uses.

The concept plan shall be construed as an illustration of the development concepts and not as an exact representation of all specific development details.

Twenty (20) copies of development site plan; vicinity map or adequate reference to intersecting streets to locate specific property; north arrow, date, scale (not less than 1" = 100').

Site, indicating boundaries and project phase lines, if any; public or private rights-of-way and easements on site or abutting or intersecting the site; adjacent properties, with zoning and existing uses identified.

Existing and proposed structures, showing approximate outline of perimeter walls and including distances to property lines and other structures; front, side and rear building setback lines; proposed category of use or uses of structures; elevation views or renderings indicating architectural design, building materials proposed and window orientations (one copy required); number of stories, in height and feet; gross floor area; location of entrances and exits.

Location, dimensions and proposed construction of all streets, private drives, alleys, parking areas and drive approaches; street drives and alleys which are adjacent to or dead-end into the site, including the location of existing and proposed median openings and left turn lanes in boulevard streets; number of dimensions of parking spaces and width of drive approaches and aisles; sidewalks and other facilities for pedestrian circulation; location, width and curve radii for required fire lanes.

Existing and proposed topography, reflecting proposed handling of on-site surface drainage; limits of the 100-year floodplain and floodway as shown on current FEMA mapping, including location and acreage; proposed improvements and method of maintenance for any drainage channels; existing and proposed water and sanitary sewer layout; existing and proposed fire hydrant locations; proposed locations for solid waste container pad.

Location, height and building materials for height, location and type of any proposed berms or living screens; location and size (if applicable) of proposed recreation facilities (swimming pools, tennis courts, etc.); location of open play areas and playgrounds with play equipment; landscape plan.

Table showing type of units by size, number of bedrooms, and number of each type; floor plans for all units.

Accurate dimensions of the proposed mobile home park;

All roads and approaches and the method of ingress and egress from public streets;

Complete electric service installation, wire service outlets and lighting facilities all under ground;

Complete location of any natural gas facilities to serve the park;

Complete layout of unit parking spaces and number of square feet therein, together with the dimensions;

Location of electric power or gas distribution systems, water mains or wells for water supply outlets for domestic water users, location of sanitary facilities, washrooms, garbage disposal units, incinerators, sanitary sewers or septic tanks, sewer drain lines, leaching beds, fire protection stalls, and other buildings or structures contemplated to be used by such applicant in connection with the mobile home park;

Name and address of the owner, engineer, surveyor, or land planner;

Proposed name of the park;

A northpoint, scale of plat, and date of preparation;

Contours at intervals of five (5) vertical feet; and

Drainage plans for park.

The minimum mobile home park shall be ten (10) acres.

Mobile home parks shall have a minimum land area of ten (10) acres.

All areas used for automobile access and parking shall comply with the applicable provisions of this article, provided that there shall be at least one off-street parking space for each mobile home lot and one additional space for each three (3) lots to accommodate guests.

No vehicular entrance to or exit from any mobile home park, wherever such may be located, shall be within two hundred feet (200') along streets from any school, public playground, church, hospital, library, or institution for dependents or for children, except where such property is in another block or another street which the premises in question do not abut.

All areas not used for access, parking, circulation, buildings, and service shall be completely and permanently landscaped and the entire site maintained in good condition.

Screening shall be provided according to the following requirements:

Each mobile home park shall abut a public street and each mobile home lot shall have direct access to a private interior street.

The minimum roadway width of interior streets will comply with the subdivision regulations and current development standards for the city. Such streets shall be paved according to city specifications for residential streets and maintained in good condition and lighted at night.

The minimum distance between mobile homes shall be not less than twenty feet (20').

Each mobile home lot shall be equipped with a concrete slab of sufficient size to support the wheels and front parking jack. Said slab shall have a minimum horizontal dimension of eight by ten feet (8 x 10') and a minimum thickness of four inches (4").

Electric lines within each mobile home park must be under ground. Each mobile home unit shall be equipped with one electrical outlet. A municipal sanitary sewer and municipal water system shall be installed in accordance with city specifications to every lot. Mobile home units not equipped with water and sewer facilities shall be located no more than two hundred feet (200') from the community utility building which shall provide separate toilet and shower facilities for each sex. Fire hydrants shall be located in accordance with the specifications of the National Board of Fire Underwriters.

There shall be provided within each mobile home park an adequate site or sites for recreation for the exclusive use of the park occupants. Such recreational site or sites shall have a minimum area of at least five percent (5%) of the gross land area of the mobile home park.

No trailer or mobile home shall remain in a mobile home park for a period exceeding ten (10) days without connection to the permanent sanitary sewer system of the park.

A storage area must be provided within each mobile home park for the parking and storage of boats and recreational vehicles. Said storage area shall be of sufficient size to accommodate all boats and recreational vehicles in the mobile home park. Said storage area shall be screened with a six-foot (6') solid fence of masonry or wood construction.

An architect, planner, or representative of a design profession;

A historian;

A licensed real estate broker;

An attorney;

An owner of a landmark or of a property in a historic district;

An archeologist or from a related discipline;

Make recommendations for employment of staff and professional consultants as necessary to carry out the duties of the board.

Prepare rules and procedures as necessary to carry out the business of the board, which shall be ratified by the city council.

Adopt criteria for the designation of historic, architectural, and cultural landmarks and the delineation of historic districts, which shall be ratified by the city council.

Conduct surveys and maintain an inventory of significant historic, architectural, and cultural landmarks and all properties located in historic district within the city.

Recommend the designation of resources as landmarks and historic districts.

Create committees from among its membership and delegate to these committees’ responsibilities to carry out the purposes of this part.

Maintain written minutes which record all actions taken by the board and the reasons for taking such actions.

Recommend conferral of recognition upon the owners of landmarks or properties within districts by means of certificates, plaques, or markers.

Increase public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs.

Make recommendations to the city council concerning the utilization of state, federal, or private funds to promote the preservation of landmarks and historic districts within the city.

Approve or disapprove of applications for certificates of appropriateness pursuant to this act.

Prepare and submit annually to the city council a report summarizing the work completed during the previous year.

Prepare specific design guidelines for the review of landmarks and districts.

Contains properties and an environmental setting which meet one or more of the criteria for designation of a landmark; and

Constitutes a distinct section of the city.

Name, address, telephone number of applicant, detailed description of proposed work.

Location and photograph of the property and adjacent properties.

Elevation drawings of the proposed changes, if available.

Samples of materials to be used.

If the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination (if any), and a plan showing the sign’s location on the property.

Any other information which the board may deem necessary in order to visualize the proposed work.

The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;

The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and

Efforts to find a purchaser interested in acquiring the property and preserving it have failed.

Deterioration of exterior walls or other vertical supports.

Deterioration of roof or other horizontal members.

Deterioration of exterior chimneys.

Deterioration or crumbling of exterior stucco or mortar.

Ineffective waterproofing of exterior walls, roof, or foundations, including broken windows or doors.

Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety.

The following standards shall apply only to existing structures located within the boundaries of the square historic district with metal facade materials as of September 12, 2016.

If an existing structure is expanded, any new additions to or exterior modifications shall utilize materials similar to the existing materials and colors. Enclosing existing areas covered by a roof structure shall not be considered expansion but are required to utilize similar materials and colors. Masonry materials as defined below may be used in lieu of similar materials as indicated above.

If an addition or expansion includes the front facade of a building, or a portion thereof, the front facade shall conform to masonry requirements indicated below.

When the square footage of an existing structure is expanded by more than fifty (50) percent the front facade of the structure shall be brought into compliance with the design standards regardless of whether or not the expansion involves the front facade.

Any proposed exterior construction shall be submitted to the city for review by the historic review officer. The historic review officer may forward any proposed construction to the historic review board for their consideration.

Masonry shall consist of brick, stone, simulated stone and shall be unpainted. Fiber cement siding may also be used to meet masonry requirements. Unpainted, integral color concrete masonry units are allowed as masonry, but are limited to a maximum 15% of a street-facing facade. Architecturally detailed and finished concrete tilt wall may be allowed on street-facing building facades or those visible from a public right-of-way with approval by the development services director.

Secondary materials (maximum 40%) may be EIFS, stucco, wood, metal, or other approved material. Wood or vertical metal shall be limited to a maximum of 15% of any building facade per material. The percentage of EIFS or stucco may be increased with approval by the development services director.

The use of exterior insulated finishing system (EIFS) is not allowed below ten (10) feet above finished grade.

Total window area shall not exceed 75% of street facing facades. Windows shall have a maximum reflectivity of 20%. Pink and gold glass is prohibited.

All mechanical equipment shall be screened from public view. Screening must match building color. Ground-mounted mechanical units may be screened with an evergreen landscape screen.

Exposed conduit, ladders, utility boxes, and drain spouts shall be painted to match the color of the building or an accent color.

The purpose of this subsection is to:

The following standards shall apply to all exterior lighting except public street lighting and other lighting that is specifically exempted by this subsection.

Light sources or luminaires are prohibited in buffer areas and within required setback yard areas except on pedestrian walkways and hike and bike trails.

Light for outdoor advertising shall be designed to function as full cutoff type of luminaires. See Figure #[1]: Shielded/Cutoff Light Source Requirements for examples.

All luminaires located on nonresidential use properties shall be designed so that the light source (bulb or lamp) is completely shielded from direct view of at a point five (5) feet above grade on the lot line of abutting residentially zoned property. See Figure [#1]: Shielded/Cutoff Light Source Requirements for examples.

Lighting recessed for canopies covering fueling stations at automobile service stations and drive-through facilities shall not illuminate abutting properties and the luminaires shall be designed so that the light source and lenses (bulb or lamp) are completely shielded from direct view at a point five (5) feet above the grade on the lot line.

Externally illuminated signs, advertising displays, building identification, and monument signs shall use top mounted light fixtures which shine light downward and which are fully shielded or upward with pin-pointed light which are fully shielded.

Outdoor light fixtures used to illuminate flags, statues, or any other objects mounted on a pole, pedestal, or platform shall use a very narrow cone of light for the purpose of confining the light to the object of interest and minimize spill-light and glare.

Building facades and architectural features of buildings may be floodlighted when the following conditions are met:

The lighting plan submitted for approval shall be sufficiently complete to enable the reviewer to readily determine compliance with these requirements. The plan shall contain but shall not necessarily be limited to the following:

The following are exempt from the standards contained in this section.

The building official, or designee, is hereby empowered and directed to administer and enforce the provisions of this section relating to outdoor light control.

The provisions of this section shall apply to all nonresidential development within the two commercial corridors. It is the intent of the design standards to transition from those lots or tracts located fully in the corridor to those lots or tracts not located in the corridor by extending building materials and landscape standards to those lots or tracts partially located in the district.

The requirements of the corridor design standards shall not apply to the properties located in the downtown historic district.

Where the provisions of this section conflict with other sections of this ordinance or the city’s code of ordinances, the provisions of this section shall apply. And where the provisions of this section conflict with the provisions of an overlay district or planned development, the overlay or planned development provisions shall apply.

When the square footage of an existing structure is expanded by more than twenty-five (25) percent the front facade of the structure shall be brought into compliance with the design standards regardless of whether or not the expansion involves the front facade.

When the square footage of an existing structure is expanded by more than fifty (50) percent all of the existing structure shall be brought into compliance with the design standards. This will also include site improvements such as paving and landscape requirements.

All new construction shall comply fully with all of the corridor design standards.

Trash and recycling collection areas shall be located to minimize visibility.

Trash receptacles, recycling receptacles, and trash compactors shall be screened with an eight (8) foot masonry wall of a consistent color and material as the primary building.

Enclosures shall be oriented so that the service opening does not face any public right-of-way or residentially zoned property. The opening shall incorporate a metal gate to visually screen the dumpster or compactor.

All metal gates shall not be allowed to swing into the drive aisle or fire lane.

Roofs of pump canopy structures shall be pitched, or a mansard roof shall be used to give the appearance of a pitched roof. The roof pitch shall be at least 3:12.

Canopy columns shall be fully encased with masonry that is complimentary to that used on the main building.

The canopy band face shall be a color consistent with the main structure or accent color and may not be backlit. Signage shall conform to the city’s sign ordinance.

A minimum twenty-five (25) foot-wide front yard landscape buffer shall be required of all properties located within the design corridors. The buffer shall be outside of the street right-of-way extending onto the property from the front property line.

Corner lots of intersecting streets shall provide for a fifteen (15) foot landscape buffer along the lot frontage on the intersecting street. The buffer shall be outside of the street right-of-way extending onto the property from the front property line.

No parking or drive aisles may occur in the required landscape buffer.

One large tree, a minimum three-inch caliper in size, shall be planted for each fifty (50) linear feet of street frontage, exclusive of drives in the required front yard. The trees shall be located a minimum of 15 feet from the front right-of-way line, outside of any utility easement; or

A minimum of one small tree shall be planted for every twenty-five (25) linear feet of street frontage, exclusive of drives in the required front yard. The small trees shall be planted a minimum of fifteen (15) feet from the front right-of-way line.

Plant materials shall be from the city’s approved plant list. Plant materials should generally be selected based on ability to flourish in the North Texas climate. Specifically, plant materials should have high heat tolerance and lower water consumption, where possible.

Plant materials used in conformance with the provisions of this chapter shall conform to the standards of the American Standard for Nursery Stock, or equal thereto.

Trees, unless otherwise noted, shall be of a minimum of three caliper inches when measured twelve (12) inches above ground, and shall be selected from the city’s list of approved trees.

Grass seed, sod and other material shall be clean and reasonably free of weeds and noxious pests and insects. Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one year of planting.

Property owners are responsible for installing, maintaining, and replacing required landscape materials such as trees and ground cover.

Reduce the problems created by improperly designed and installed outdoor lighting;

Reduce problems of glare on operators of motor vehicles, pedestrians and land uses; and

Minimize light trespass.

Wall or roof lighting may be used to illuminate the pedestrian walkways, entrance areas and yard areas within thirty (30) feet of the building.

No wall or roof lighting shall be used to illuminate areas for motor vehicle parking or access unless the building official determines that the proposed lighting will not create a hazard for vehicular or pedestrian traffic nor impact abutting residentially zoned property.

Freestanding luminaries are permitted to be a maximum of thirty (30) feet in height.

When a luminary is located within one hundred (100) feet of any residentially zoned property, the maximum permitted luminaries height shall be twenty (20) feet.

All luminaries must have a total cutoff angle equal to or less than ninety (90) degrees.

Floodlight fixtures are equipped with shields and are located so as to limit the fixture’s direct light distribution to the facade or feature being illuminated;

The configuration of the floodlight installation shall block all view to the floodlight fixture’s lamps from adjacent properties; and

Plans indicating the location of the exterior lighting on the premises, and the type of illuminating devices, fixtures, lamps, supports, reflectors, and other devices; and

Description of the illuminating devices, fixtures, lamps, supports, reflectors, and other devices and the description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required) and height of the luminaries.

“Cobra head” type lighting fixtures having dished or “drop” lenses or refractors which house other than incandescent light sources shall be prohibited.

Flickering or flashing lights shall be prohibited.

Decorative seasonal lights used for temporary purposes.

Signs of the type constructed of translucent materials and wholly illuminated from within are exempt from the shielding requirement.

Temporary emergency lighting used by police, firefighters, or other emergency services, as well as all vehicular luminaries.

Hazard warning luminaries, which are required by federal and state regulatory agencies.

Exterior lighting luminaries in existence on the effective date of this part shall be exempt from these standards and shall be considered legally nonconforming.

Legal nonconforming fixtures may be repaired and maintained.

If nonconforming lighting luminaries are to be replaced they shall be replaced with fixtures conforming to these requirements.