A.

All lots shall be graded to ensure positive drainage toward streets or other drainage ways without altering the volume or character of run-off.

B.

Residential Lot-to-Lot Drainage. The following shall apply to residential subdivisions.

1.

Site grading shall be carried out in such a manner that surface water from each lot will flow directly to a storm sewer, improved channel, or paved street without crossing more than one (1) adjacent lot.

2.

No more than one (1) lot may drain onto an adjacent lot (i.e., multiple lots cannot drain onto the same adjacent lot).

3.

Subdivisions shall be designed to prevent any surface water within a storm sewer, improved channel, or paved street from flowing onto a residential lot.

C.

No certificate of occupancy shall be issued to any newly constructed building until final lot grading has been completed in accordance with the approved final subdivision plat and approved soil stabilization plan, if the lot is located on a bluff or steeply sloped.

D.

Residential foundations shall be at least eighteen (18) inches above the maximum crown elevation of uncurbed streets and eighteen (18) inches above the maximum curb height of curbed streets.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 1140, § 1, 1-17-06; Ord. No. 2005, § 5, 5-5-09; Ord. No. 2065, § 1, 2-5-13)

The following guidelines are intended to improve the overall quality of single-family residential neighborhoods. This section also applies to single-family attached units (i.e., duplexes or two-family dwellings).

A.

Project Design. Single-family areas should achieve a mixture of lot sizes which should generally be the balance of single-family lot sizes within a particular neighborhood area.

B.

Building Design. At the time of original construction or at the time of placement on a lot, single-family residences shall meet the following standards.

1.

All single-family residential units shall have a two-car garage. Front-facing garages shall be set back a minimum of five (5) feet from the front building face. The front building face is considered the forwardmost portion of the structure, excluding a front porch.

2.

All single-family residential units shall have a driveway adequate to provide two (2) unenclosed, off-street parking spaces.

3.

Driveways shall be constructed of concrete, stone, or brick pavers. Asphalt, gravel, seal coat, or chip seal are not acceptable.

4.

The following building material requirements shall apply when not prohibited by law. The combined exterior façades and the front façade of all single-family residential units shall be constructed of at least seventy-five (75) percent masonry materials (including brick, stone, and stucco, but not including exterior insulation finishing systems [EIFS] or fiber cement siding). No metal exteriors are permitted.

5.

Roofs shall have a minimum nine (9) inch overhang or soffit extending beyond the side and end walls.

6.

All single-family residential units shall be structurally connected to a permanent foundation which has been designed by an Engineer licensed by the State of Texas. For all new homes constructed after June 1, 2025, such foundation shall be slab on grade; pier and beam construction is not permitted unless permitted by the Public Works Director based on site conditions. Sites with existing pier and beam construction may be rebuilt as originally constructed, if desired.

7.

No single-family residential unit front façade may be duplicated (including reversed) within six (6) lots on either side or a lot directly across the street.

C.

Industrialized Housing. At the time of original construction or at the time of placement on a lot, single-family industrialized housing shall meet all the requirements of this Section 702 and the following:

1.

Have a value equal to or greater than the median taxable value for each single-family unit located within five hundred (500) feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified ad valorem tax appraisal roll. An industrial housing applicant shall substantiate such value by doing all that follows:

a.

Identify by address each single-family unit located within five hundred (500) feet of the lot on which industrialized housing is to be located and show the taxable value for each such single-family dwelling.

b.

Provide at least one (1) photograph, with identifying address, of the front of each single-family unit located within five hundred (500) feet of the lot on which the industrialized housing is to be located.

c.

Provide a copy of the sales receipt, signed by the purchaser, of the industrialized housing unit and documentation substantiating the taxable value of the lot on which the industrialized housing unit is to be located according to the most recent certified ad valorem tax appraisal roll.

2.

Have exterior siding, roofing, roofing pitch, foundation fascia and fenestration compatible with the single-family dwellings located within five hundred (500) feet of the lot on which the industrialized housing is to be located.

3.

Comply with municipal aesthetic standards, square footage and other site requirements applicable to single-family dwellings.

4.

Meet every other subdivision, zoning and building requirement that applies to single-family units.

5.

Meet the Windstorm requirements for single-family units established by the Texas Department of Insurance.

6.

All single-family residential units shall be structurally connected to a permanent foundation which has been designed by an Engineer licensed by the State of Texas.

D.

Garage and Driveway Preservation. Single-family garages shall not be demolished or structurally altered to prevent their use as enclosed off-street parking spaces unless at least one (1) additional off-street parking space, enclosed or unenclosed, that meets all applicable requirements can be constructed on-site. Driveways shall not be demolished or structurally altered to prevent their use as off-street parking spaces unless they can be replaced on-site by new driveways that meet all applicable requirements.

E.

Cluster Development. The purpose of cluster development is to preserve natural features, decrease impervious cover, and create unique neighborhoods by providing open space accessible to the public. Cluster development allows for reductions to the minimum lot area to either maintain or increase overall density.

1.

The development must be at least five (5) acres in area and at least thirty (30) percent of the site must be open space, in addition to any park dedication requirements.

2.

To calculate the number of units allowed in a cluster development:

a.

First, calculate the number of dwelling units permitted on the site based on the zoning district using the net buildable area.

b.

If at least thirty (30) percent of the site is conserved, then the number of units in the development may be up to or equal to the number of units that would be permitted with traditional development.

c.

If at least forty (40) percent of the site is conserved, then an increase of ten (10) percent in the number of units is permitted.

3.

Standards for Cluster Development.

a.

Dwelling types and other uses are as allowed in Sec. 406. Permitted Use Table.

b.

All dimensions are as stated in Sec. 409. District Dimensional Standards with the following exceptions (unless the following is more restrictive):

i.

Minimum Lot Area: None.

ii.

Minimum Lot Width: Thirty (30) feet.

iii.

Minimum Front Yard Setback: Ten (10) feet (front porches may encroach up to five (5) feet).

iv.

Minimum Rear Setback: Ten (10) feet.

v.

Minimum Building Separation: Ten (10) feet.

Example of Traditional Development (Left) Versus Cluster Development (Right)

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 1026, § 1, 2-20-01; Ord. No. 1134, § 1, 10-4-05; Ord. No. 2017, § 4, 5-18-10; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2306, § 1(Att.), 5-6-25)

Townhouses are permitted in accordance with the use table, provided they meet the following requirements.

A.

Project Design. The following unit and area requirements shall be required.

* The Planning and Zoning Commission may approve not more than thirty (30) percent of the units in two and three unit groups when the project contains twelve (12) or more units.

1.

Each townhouse shall be located on an individual lot.

2.

A wall or solid fence not less than five (5) feet in height shall be required on side lot lines where the required private yard adjoins such lot lines; a private yard may contain a patio cover or roof which does not cover more than twenty-five (25) feet of the building line.

3.

No side yard shall be required between connected townhouses or units;

4.

Within a townhouse project, there shall be at least fifteen (15) feet of separation of combined side yards between each townhouse group;

5.

At least ten (10) feet of side yard shall be provided at the side property line on any townhouse project;

6.

All townhouses shall be set back from the rear lot line at least ten (10) feet; garages having direct access to a rear alley or common driveway shall be set back from the rear lot line at least ten (10) feet; other accessory buildings shall be set back from the rear lot line at least five (5) feet; however, the Planning and Zoning Commission may reduce or waive the required rear yard requirements where a common area or at least fifteen (15) feet in width is provided and there is provision for pedestrian and vehicular safety, utility service and privacy.

7.

No townhouse group shall exceed two hundred (200) feet in length.

B.

Parking and Driveways. The following parking and driveway requirements are required.

1.

Two off-street parking spaces shall be provided for each townhouse; at least one such space shall be totally enclosed, and shall be located on the individual townhouse lot; any required parking space not located on the individual lot shall be located within one hundred (100) feet of the individual lot;

2.

No parking shall be provided in the front fifteen (15) feet of a townhouse lot or common area nor in the twenty-five (25) feet adjacent to a side street;

3.

No driveway which services an individual townhouse only and is located in the front yard of a townhouse lot shall exceed fifty (50) percent of the lot width; where a common driveway is provided to serve a group of four or more units, the driveway may occupy the entire width of the lot, provided, that said driveway shall not provide more than two points of vehicular access to a public street for each group it serves;

4.

One-way common driveways shall be at least nine (9) feet in width, and two-way common driveways shall be at least eighteen (18) feet in width.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 2065, § 1, 2-5-13)

A.

Applicability. The standards and criteria contained in this section shall apply to any multifamily residential development consisting of three (3) or four (4) units, excluding townhouses that are constructed on individual lots in accordance with Sec. 703 above.

B.

Building Design.

1.

Façades.

a.

Façade depth and height articulation shall be required on all exterior façades of a building:

i.

Depth articulation of at least fifteen (15) percent shall be required on any front façade exceeding thirty (30) horizontal feet. In no event shall a front façade segment exceed forty-five (45) feet without depth articulation. Depth articulation applies only below the roofline.

ii.

Height articulation of at least fifteen (15) shall be required on any front façade exceeding fifty (50) horizontal feet. In no event shall a front façade segment exceed seventy-five (75) feet without height articulation. Pitched roofs do not require height articulation.

b.

Façade offsets shall be shown, along with calculations verifying that the building elevations meet the above requirements, on a building façade (elevation) plan, and shall be submitted for review along with the building elevations at the time of building permit application.

c.

Where triplex/quadplex residential development occurs on the same block as existing single-family dwellings, and the single-family dwellings comprise more than half of the developed lots on the same block, the triplex/quadplex residential development shall employ a pitched roof design using a pitch of at least 2:12.

2.

Materials. The following building material requirements shall apply when not prohibited by law.

a.

Development meeting the following requirements shall be eligible for one (1) of the following: a twenty (20) percent reduction in minimum required lot size, a twenty (20) percent reduction in minimum required front setback, a twenty (20) percent reduction in open space, or a twenty (20) percent reduction in landscaping requirements.

i.

At least eighty-five (85) percent of all exterior walls of multifamily buildings (excluding doors and windows) shall be finished in one (1) of the following materials: brick, stone, stucco, or other masonry product as approved by the Administrative Official. The use of any one (1) material shall not exceed sixty (60) percent. At the time of submittal of building plans, elevations must be provided with a chart stating the material composition percent on each elevation of a building.

ii.

Cement fiber board and similar products may be used as architectural accents only in the following locations:

(a)

Fascia and soffits.

(b)

Interior portions of covered stairways and covered stair towers.

(c)

Breezeways, hallways, corridors and walkways which have a roof covering.

(d)

As the exterior covering for fireplaces that are located in the interior of a building. Fire places which are located on an exterior wall shall have a masonry exterior covering.

iii.

Exterior insulation finishing systems (EIFS) is not a permitted material.

iv.

Any use of concrete shall have an integrated color and be textured or patterned.

b.

Development meeting the requirements of a. and the following requirements shall be eligible for two (2) of the following: a fifty (50) percent reduction in minimum required lot size, a fifty (50) percent reduction in minimum required setback, a fifty (50) percent reduction in open space, or a fifty (50) percent reduction in landscaping requirements.

i.

At least three (3) of the following architectural or functional features are constructed on the front facade:

(a)

A covered front porch or patio an average of six (6) feet in depth or more and measuring at least fifty (50) percent of the front of the building;

(b)

One (1) or more awnings;

(c)

One (1) or more open, boxed, or hipped gables;

(d)

One (1) or more bay or boxed windows extending outward from the façade above the ground;

(e)

Two (2) or more columns measuring at least the full plate height of the ground floor, unless situated upon a knee wall or architectural base or pedestal, and being fully boxed, turned, or utilizing a similar method. Columns shall measure at least three (3) inches in average width from the column center;

(f)

One (1) or more dormers situated above the first floor plate;

(g)

A garage door that is recessed from the front plane of the house or is side-facing or rear-facing.

ii.

The Administrative Official may approve other methods as alternatives to those listed in b. above on a case-by-case basis if the Administrative Official determines that an alternate method will achieve a similar level of quality.

c.

Development meeting both a. and b. may claim a fifty (50) percent reduction in associated building permit fees in lieu of claiming credit under a. and b. above. Applicants receiving a reduction in building permit fees shall not be granted reduction in site dimensions or landscaping under this section.

4.

All mechanical equipment shall be screened in compliance with Section 705.F.

5.

All buildings shall include gutters and downspouts or scuppers.

6.

All buildings shall meet or exceed U.S. Department of Energy Building Energy Codes Program COMcheck or REScheck requirements.

7.

Paved Areas. Driveways and other paved areas shall be constructed of an all-weather surface such as concrete or brick pavers. Asphalt, seal coat, or chip seals are not acceptable.

E.

Development Plan Required. A development plan must be submitted incorporating the following information.

1.

A survey of the property.

2.

Location and description of all buildings and uses with setback lines.

3.

Vehicular and pedestrian circulation.

4.

Parking, loading and paving plan.

5.

Stormwater drainage plan.

6.

Landscaping and proposed maintenance provisions.

7.

Gross area, lot area and open space calculated to the nearest tenth ( ¹ / ₁₀ ) acre.

8.

Any proposed construction phasing.

9.

Any proposed signage.

10.

Rights-of-way, easements and utility locations.

11.

Indication of existing natural features of the property, including water courses, floodplains, unique natural features, and vegetation.

12.

Building elevations.

13.

Any other information deemed necessary to review the application by the Administrative Official.

(Ord. No. 2306, § 1(Att.), 5-6-25)

A.

Applicability. The standards and criteria contained in this section shall apply to any multifamily residential development consisting of more than four (4) units. Multifamily residential developments that are constructed as Planned Unit Developments shall also be designed in accordance with Section 316. Planned Unit Development (PUD).

B.

Project Design.

1.

Multifamily residential dwelling units shall not exceed twenty-five (25) percent of all dwelling units within the City.

a.

Multifamily developments may exceed the above requirement, but shall be required to rezone to a Planned Unit Development (PUD).

b.

These PUD developments are intended to result in high quality and innovative mixed density housing developments.

2.

All multifamily residential development shall have principal access to a major collector (eighty [80] feet of right-of-way or four [4] lanes of driving width).

3.

Access to Texas Department of Transportation (TxDOT) system thoroughfares (U.S. Highway 181, Moore Avenue from U.S. Highway 181 right-of-way west, Wildcat Drive from U.S. Highway 181 west and Buddy Ganem Drive from U.S. Highway 181 west) requires a curb cut permit from TxDOT. Compliance with the requirements of the TxDOT Access Management Manual is a prerequisite to permit issuance.

C.

Building Design.

1.

Façade Articulations. The requirements in 705.B. Façade Articulation shall also apply to multifamily developments

Buildings must provide façade articulation in accordance with Sec. 705.B.

1-1.

Residential Proximity Slope. The requirements in 705.G. Residential Proximity Slope shall also apply to multifamily developments.

2.

Materials. The following building material requirements shall apply when not prohibited by law.

a.

At least eighty-five (85) percent of all exterior walls of multifamily buildings (excluding doors and windows) shall be finished in one (1) of the following materials: brick, stone, stucco, or other masonry product as approved by the Administrative Official. The use of any one (1) material on individual buildings shall not exceed sixty (60) percent. At the time of submittal of building plans, elevations must be provided with a chart stating the material composition percent on each elevation of a building.

b.

Cement fiber board and similar products may be used as architectural accents only in the following locations:

i.

Fascia and soffits.

ii.

Interior portions of covered stairways and covered stair towers.

iii.

Breezeways, hallways, corridors and walkways which have a roof covering.

iv.

As the exterior covering for fire places that are located in the interior of a building. Fire places which are located on an exterior wall shall have a masonry exterior covering.

c.

Exterior insulation finishing systems (EIFS) is not a permitted material.

d.

Any use of concrete shall have an integrated color and be textured or patterned.

3.

Building variation.

a.

For any development containing at least three (3) and not more than five (5) buildings (excluding clubhouses/ leasing offices), there shall be at least two (2) distinctly different building designs.

b.

For any such development containing more than five (5) buildings (excluding clubhouses/leasing offices), there shall be at least three (3) distinctly different building designs.

c.

For all developments, there shall be no more than two (2) similar buildings placed next to each other.

4.

All mechanical equipment shall be screened in compliance with Section 705.F.

5.

All buildings shall include gutters and downspouts or scuppers.

6.

All buildings shall meet or exceed U.S. Department of Energy Building Energy Codes Program COMcheck or REScheck requirements.

7.

Distances between Buildings. The minimum distances between buildings are shown in the following table. "Face" is any exterior plane of a building that is sixty (60) feet in length or longer. All buildings shall have at least two (2) faces. "End" is any exterior plane that is not a "face".

8.

Paved Areas. Driveways and other paved areas shall be constructed of an all-weather surface such as concrete or brick pavers. Asphalt, seal coat, or chip seals are not acceptable.

D.

Open Space.

1.

All multifamily residential projects shall incorporate open space, exclusive of paved areas, parking spaces or patios, of not less than fifteen (15) percent of the total lot area.

2.

Such open space shall be landscaped and serve as an amenity for residents of the project.

3.

No landscaped area shall be less than twenty (20) feet in depth adjacent to any property line or right-of-way. All landscaped areas shall be irrigated.

4.

When individual units are separately owned, provision such as a homeowners association shall be made for the maintenance of all common open space.

E.

Amenities.

1.

Multifamily developments shall incorporate recreational amenities from the list provided in the following amounts:

a.

Multifamily developments with less than twenty-five (25) dwelling units: any two (2) amenities from Amenity List "A" or Amenity List "B";

b.

Multifamily developments with twenty-five (25) to fifty (50) dwelling units: any three (3) amenities from Amenity List "A" or Amenity List "B";

c.

Multifamily developments with fifty to one hundred fifty (50—150) dwelling units; four (4) amenities, with at least two (2) from List "A";

d.

Multifamily developments with more than one hundred fifty (150) units; five (5) amenities with at least two (2) from List "A".

e.

Multifamily projects designed exclusively for senior living shall provide amenities in a similar manner as required by this section. These amenities may be of a different number and type as appropriate for such senior living projects and shall be approved by the Planning and Zoning Commission prior to the building permit issuance.

2.

Amenity List "A".

a.

Swimming Pool. The minimum acceptable size of a swimming pool shall be one thousand two hundred (1,200) square feet, however if a separate wading pool is provided, the minimum size of the pool may be eight hundred (800) square feet. For developments in excess of three hundred (300) units, at least two (2) swimming pools will be required.

b.

Resident Clubhouse, with appropriate amenities.

c.

Other similar project appropriate amenities as approved by the Planning and Zoning Commission.

3.

Amenity List "B".

a.

Two (2) playgrounds with a minimum size of five hundred (500) square feet.

b.

Basketball, volleyball, tennis, or other sport court.

c.

Two (2) picnic areas, with a minimum size of five hundred (500) feet per area, and including a minimum of two (2) picnic tables and one (1) barbecue grill/pit per area.

d.

Other similar project appropriate amenities as approved by the Planning and Zoning Commission.

F.

Development Plan Required. A development plan must be submitted incorporating the following information.

1.

A survey of the property.

2.

Location and description of all buildings and uses with setback lines.

3.

Vehicular and pedestrian circulation.

4.

Parking, loading and paving plan.

5.

Stormwater drainage plan.

6.

Landscaping and proposed maintenance provisions.

7.

Gross area, lot area and open space calculated to the nearest tenth ( 1/10 ^th ) acre.

8.

Any proposed construction phasing.

9.

Any proposed signage.

10.

Rights-of-way, easements and utility locations.

11.

Indication of existing natural features of the property, including water courses, floodplains, unique natural features, and vegetation.

12.

Building elevations.

13.

Any other information deemed necessary to review the application by the Administrative Official.

(Ord. No. 1001, § 3, 12-21-99; Ord. No. 1134, § 1, 10-4-05; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2105, § 1, 3-3-15; Ord. No. 2306, § 1(Att.), 5-6-25)

A.

Uses.

1.

Individual uses within a mixed-use development are permitted as indicated by the Permitted Use Table.

2.

At least seventy-five (75) percent of the first story of the structure shall be used for nonresidential use(s). The remaining portion of the structure above the first story may be used for either residential or nonresidential uses, or a combination of both.

3.

If a one-story structure exists on the property, one hundred (100) percent of the structure shall be occupied for nonresidential use(s) only.

4.

Drive-through features for the transaction of business are prohibited.

B.

Build-To Zone.

1.

At least seventy-five (75) percent of the front façade shall be located within five (5) feet from the required front yard setback.

2.

For corner lots, at least seventy-five (75) percent of the exterior side façade shall be located within five (5) feet from the required side yard setback.

C.

Building Materials. The following building material requirements shall apply when not prohibited by law.

1.

At least eighty-five (85) percent of all exterior walls of multifamily buildings (excluding doors and windows) shall be finished in one (1) of the following materials: brick, stone, stucco, or other masonry product as approved by the Administrative Official. The use of any one (1) material on individual buildings shall not exceed sixty (60) percent. At the time of submittal of building plans, elevations must be provided with a chart stating the material composition percent on each elevation of a building.

2.

Cement fiber board and similar products may be used as architectural accents only in the following locations:

a.

Fascia and soffits.

b.

Interior portions of covered stairways and covered stair towers.

c.

Breezeways, hallways, corridors and walkways which have a roof covering.

d.

As the exterior covering for fire places that are located in the interior of a building. Fire places which are located on an exterior wall shall have a masonry exterior covering.

3.

Exterior insulation finishing systems (EIFS) is not a permitted material.

4.

Any use of concrete shall have an integrated color and be textured or patterned.

D.

Façade Articulation. The requirements in 705.B. Façade Articulation shall also apply to mixed-use developments.

E.

Residential Proximity Slope. The requirements in 705.G. Residential Proximity Slope shall also apply to mixed-use developments.

F.

Required Fenestration.

1.

Ground floor shall be fifty (50) percent to seventy-five (75) percent doors and/or windows.

2.

Upper floors shall be twenty-five (25) percent to fifty (50) percent doors and/or windows (measured between three (3) feet to nine (9) feet above each finished floor).

G.

Building Entrance.

1.

The primary entrance shall front a public street with a walkway connecting to a front sidewalk.

2.

Architectural elements shall indicate a clear entry point.

H.

Parking.

1.

Off-street parking shall be calculated based on the uses within the development. Shared parking provisions may be utilized to reduce the number of required spaces.

2.

No off-street parking shall be located in front of the building façade.

(Ord. No. 2306, § 1(Att.), 5-6-25)

A.

Building Materials. The following building material requirements shall apply when not prohibited by law.

1.

Any façade of a professional or commercial building that can be seen from an adjacent street or parking area shall be constructed of one of the following building materials:

a.

Fired brick.

b.

Natural or polished stone.

c.

Masonry block.

d.

Tilt wall concrete panels with architectural detail.

e.

Stucco.

f.

Tile.

g.

Fiber cement siding.

h.

Glass.

i.

Smooth finish baked-on enamel factory-painted metal (does not include corrugated ridge-type metal).

2.

Wood, dimensioned or siding, shall not cover more than ten (10) percent of any façade that can be seen from an adjacent street or parking area. Exterior insulation and finish systems (EIFS), stainless steel, chrome, standing seam metal and premium grade architectural metal may be used as an architectural accent, but shall not cover more than ten (10) percent of any façade. Doors of any kind may be constructed of galvanized steel and painted steel.

3.

Any side or rear wall facing a public or private street or residential zoning district shall consist of the same facing materials as the building front.

4.

The roof side of any parapet wall shall consist of the comparable facing materials as the front of the parapet if viewable from a public or private street.

B.

Façade Articulation.

1.

Façade articulation is required for any main building's façade that faces or has a public entrance from a public right-of-way.

2.

Façade depth and vertical articulation shall be required per the following:

a.

Depth Articulation. If a façade length exceeds forty-five (45) feet, articulation at least two (2) feet in depth shall be required. In no event shall a wall plane exceed forty-five (45) feet without depth articulation.

b.

Vertical Articulation. If a building exceeds two (2) stories in height, vertical articulation shall clearly delineate a base, middle, and top using a variety of architectural features and/or building materials.

3.

Façade offsets shall be shown, along with calculations verifying that the building elevations meet the above requirements, on a building façade (elevation) plan, and shall be submitted for review along with the building elevations at the time of building permit issuance.

C.

Reserved.

D.

New buildings on previously developed lots or in existing developments. New buildings on previously developed lots or in existing developments must have foundations, exterior siding, fenestration, fascia and roofing that are compatible with existing buildings on the same lot or within the same development.

E.

Nonresidential buildings. All nonresidential buildings must be affixed to a permanent foundation.

F.

Rooftop mechanical equipment shall be screened from the view of any parking lot and public or private street at a height of six (6) feet above natural grade at a horizontal distance of five hundred (500) feet. Screening shall be comparable to facing materials required in Section 705.A.1.

G.

Residential Proximity Slope.

1.

The residential proximity slope defines the required separation or maximum building height for development near single-family neighborhoods.

2.

This section shall apply to all new buildings or building expansions expansion within, immediately adjacent to, or across a Collector or Local Street from, the following districts:

a.

OT-1, Olde Town Residential.

b.

R-2, Single-Family Residential.

c.

R-6, Single-Family Residential.

d.

R-7, Single-Family Residential.

e.

R-8, Single-Family Residential.

3.

The height of a building shall not exceed the plane created by a slope of 1 (height) to 3 (distance) as measured from the single-family district's nearest property line.

(Ord. No. 1001, § 3, 12-21-99; Ord. No. 1134, § 1, 10-4-05; Ord. No. 1140, § 1, 1-17-06; Ord. No. 2017, § 5, 5-18-10; Ord. No. 2036, § 3, 4-5-11; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2094, § 10, 10-7-14; Ord. No. 2306, § 1(Att.), 5-6-25)

All driveways shall be constructed in accordance with applicable City Ordinances and Construction Standards and as summarized below.

A.

Permit Required. All construction, reconstruction, repair, removal or replacement of a driveway between any public right-of-way and any private property shall require a permit from the Building Official.

B.

Maximum Width and Angle. No commercial driveway shall have a width greater than thirty-five (35) feet measured at right angles to the center line of the driveway. No private driveway shall have a width greater than twenty-four (24) feet unless it supports a front loading garage designed to store three (3) motor vehicles side by side. The width of the driveway supporting a front loading garage designed to store three (3) motor vehicles side by side shall not exceed twenty-seven (27) feet. The angle of access drives shall be 60 to 90 degrees.

C.

Number and Location. The number and location of driveways shall conform to the following tables.

(1) Upstream/downstream distance to intersection.

(2) Driveway without a deceleration lane shall be located a maximum distance of one hundred seventy feet (170') to the downstream edge from the intersecting ROW.

D.

Safety Zones. Safety zones shall be required separating commercial driveways in accordance with applicable City Ordinances.

E.

Sidewalk Required. Every driveway, whether commercial or residential, shall be required to provide a sidewalk in accordance with applicable City Ordinances.

F.

Sidewalk and Driveway Maintenance. Maintenance of sidewalks, driveways, and driveway aprons shall be the responsibility of the property owner abutting the right-of-way.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 2017, § 6, 5-18-10; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2306, § 1(Att.), 5-6-25)

A.

All Fences. Fences, including but not limited to those constructed of masonry, wood, or chain link may be erected to a height not exceeding eight (8) feet and shall be placed along the lot line.

1.

Exceptions:

a.

Fences are permitted to close a contiguous fence (i.e., a fence panel parallel to the roadway that connects a perimeter fence to the primary structure).

b.

Interior fences are permitted if they are fully concealed by a permitted perimeter fence.

B.

In OT-1, Olde Town Residential, OT-2, Olde Town Mixed Use, R-2, Single-Family Residential, R-6, Single-Family Residential, R-7, Single-Family Residential, R-8, Single-Family Residential, R-8D, Two-Family Residential and R-15, Townhouse Residential districts, fences shall not be constructed in front yards, nor project beyond an adjoining lot's front building setback line.

1.

Exceptions:

a.

Residential dwellings in the Olde Town districts (OT-1 and OT-2) may erect a thirty-six (36) inch high picket fence in the front yard.

b.

Lots one (1) acre or larger may erect a thirty-six (36) inch high three-rail ranch fence (or similar, as determined by the Administrative Official) in the front yard.

C.

Fences shall not be erected in side yard areas where there is double frontage in the OT-1, Olde Town Residential, OT-2, Olde Town Mixed Use, R-2, Single-Family Residential, R-6, Single-Family Residential, R-7, Single-Family Residential, R-8, Single-Family Residential, R-8D, Two-Family Residential and R-15, Townhouse Residential districts. Exceptions may be made for fences in side yard areas where there is double frontage, but only if all of the following conditions are met:

1.

No fence shall be erected or maintained closer than five (5) feet to any side yard property line;

2.

No fence shall exceed a height of four (4) feet; and

3.

A ten (10) foot vision triangle created by an area using rear and side yard property lines shall be maintained.

4.

The fence shall be eighty (80) percent transparent and be constructed of decorative wrought iron, aluminum, or vinyl (chain link, wire, or other similar materials shall be prohibited).

D.

Multifamily residential and all nonresidential properties may erect a decorative fence made of wrought iron, masonry, or a combination of both, in the front yard area.

E.

Fences on corner lots shall not be built higher than four (4) feet when located in the vision triangle defined in Chapter 10. Definitions. Fences permitted by this Section shall not negatively affect the view of traffic at the entrance or exit to the subject property or adjoining properties.

F.

Prohibited materials. No person shall build and/or maintain any fence composed, in whole or in part, of:

1.

Barbed wire or razor wire, except as regulated in this section;

2.

Welded or woven wire such as chicken wire, hog wire, stockade panels and similar agricultural wires;

3.

Used materials;

4.

An electric fence, except as regulated in this section;

5.

Galvanized sheet metal, corrugated metal, or corrugated fiberglass;

6.

Materials not approved for exterior exposure; or

7.

Chain link, except as noted in subsection G.5. below.

G.

Exceptions to prohibited materials.

1.

On property used for agricultural purposes, provided that the fence is not otherwise prohibited by any other ordinance or law, a fence may be composed of barbed wire, welded wire or woven wire, or both and may include an electric fence if the electric fence charging device is approved by a nationally recognized testing laboratory.

2.

In a district zoned industrial or commercial, barbed wire may be used as a component of a fence provided that the fence is composed only in part of barbed wire and that portion of the fence is at least six (6) feet from the nearest grade. The barbed wire portion of the fence shall be a maximum height of three (3) feet vertically or horizontally from the main portion of the fence. The barbed wire portion shall consist of individual strands of wire placed parallel to the ground and shall not be placed in a coiled or wrapped position.

3.

In a residential zone, installation of electrically-charged fencing for the purpose of security, animal containment and other similar uses shall be in accordance with a nationally recognized testing agency. Upon installation such fencing shall be clearly identified with signage legible to each adjacent property owner and at each gate or section of fence facing a street The signage shall be legible from a distance of five (5) feet and shall be properly maintained while fence is in use.

4.

This section does not prohibit the use of corrugated metal material with a minimum twenty-six (26) gauge and one (1) inch corrugation when commercially designed and engineered as a fencing material as a component of a modular, prefabricated fence.

5.

Chain link fencing is permitted only in the following situations:

a.

As an interior fence (for example, dog runs) if fully concealed by a permitted perimeter fence;

b.

Vinyl-coated chain link may be used in any district for athletic field fencing for field containment purposes (for example, a baseball field);

c.

Active construction sites; or

d.

Where located within a drainage easement or FEMA-designated floodplain that does not obstruct the normal flow of water.

J.

All fences required by this Ordinance shall be maintained in good repair.

1.

All portions of fences that face a public area shall not be allowed to lean so that the fence's axis is more than ten (10) degrees out of perpendicular alignment with its base.

2.

Fences shall be self supporting except that horizontal braces shall be allowed as long as the braces are mounted inside the property boundaries and are not visible from a public area.

3.

Fences that face a public area shall not have missing, loose or broken pickets, slats or panels in a fence.

4.

It shall be unlawful to allow symbols, writings and other graffiti to remain on a fence except for those which are permitted as signs under this Code or which pertain to the address or occupancy of a property.

K.

All swimming pool enclosures shall comply with the International Swimming Pool and Spa Code, as adopted in Chapter 4, Article II, Section 4-11 of the Code of Ordinances.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 1134, § 1, 10-4-05; Ord. No. 1184, § 1, 12-4-07; Ord. No. 1189, § 1, 5-6-08; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2087, § 2, 5-6-14; Ord. No. 2094, § 11, 10-7-14; Ord. No. 2306, § 1(Att.), 5-6-25)

Refuse receptacles and waste removal areas, including trash cans, trash compactors and dumpsters, shall be screened from view from any street right-of-way and from any residential district, except where an opening is required for access. If access is possible only on a side that is visible from a street right-of-way or residential district, an opaque gate shall be required.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 2065, § 1, 2-5-13)

A.

General. The use of drought-tolerant indigenous Texas Gulf Coast plant material is encouraged. All required plantings shall be selected from Tables 1, 2, 3, or 4 as applicable. The Administrative Official may approve other drought-tolerant and native/adapted species are allowed if the applicant submits a letter by a Registered Landscape Architect.

B.

Residential Landscaping Requirements. The following landscape requirements shall be applied to each residential zoning category.

1.

For new single- and two-family residential construction, the following minimum number of front-yard trees shall be installed prior to the issuance of a certificate of occupancy/completion:

a.

R-2, Single-Family Residential: Four, (4) canopy trees with a minimum caliper of two (2) inches at breast height.

b.

R-6, Single-Family Residential: Two (2) canopy trees with a minimum caliper of two (2) inches at breast height.

c.

R-7, Single-Family Residential: One (1) canopy tree with a minimum caliper of three (3) inches at breast height and one (1) understory tree with a minimum caliper of one-and-a-half (1.5) inches at breast height.

d.

R-8, Single-Family Residential: One (1) canopy tree with a minimum caliper of three (3) inches at breast height.

e.

R-8D, Two-Family Residential: One (1) canopy tree with a minimum caliper of three (3) inches at breast height, per home.

2.

Required front-yard trees shall be planted outside of any recorded or prescriptive easement and in a manner that maintains a minimum 5-foot diameter clear space ring that is centered on the tree planting to ensure that on-premise utility lines or building foundations are not compromised due to root spread.

3.

All required front-yard trees shall be in accordance with the approved plant list outlined in Table 2 and Table 3.

4.

For all residential homes, one hundred (100) percent of the front- and side-yard must have sod or other permanent vegetative ground cover installed. The front- and side- yard shall be sodded unless a xeriscaping plan is submitted. Such a plan must be signed and sealed by a Texas Registered Landscape Architect or certified nursery professional.

a.

R-2, Single-Family Residential homes may substitute grass seed for sod.

C.

Application of Landscaping Requirements. The landscaping requirements of this Section shall apply to building permits for the following:

1.

New Development.

a.

New residential construction on property in all zoning districts;

b.

For one- and two-family residential building permit applications, proposed site landscaping and supporting information may be indicated on a site plan in lieu of providing a full landscape plan. Content and information to be provided on the site plan shall be at the discretion of the director of development services or designee.

2.

Existing Development. Properties with existing development that has been in place since or before the effective date of these landscape requirements and do not meet the minimum landscape requirements of this section shall be considered nonconforming. Nonconforming landscape may continue until such time a building permit is issued for any of the following:

a.

Construction, or alteration within the street yard results in either of the following:

(1)

Any increase in impervious cover by twenty (20) percent or more of existing structures.

(2)

Any buildings subsequently added within the street yard.

D.

Residential Landscaping Compliance.

1.

This section shall be appliable to all new permits at the time of original construction and at the time of substantial completion of construction of any dwelling.

2.

If weather conditions, drought conditions, scheduling delays, or similar conditions delay compliance, the director of development services or their designee may grant a temporary certificate of occupancy if the owner or person in control of the premises enters into an agreement with the city agreeing to comply with the landscaping requirements within a specified time.

3.

All vegetation required to be installed must, after installation, be maintained in good condition. If the required vegetation becomes diseased, deteriorated, or dies, the owner of the premises must replace the vegetation within ninety (90) days of written notice from the city.

4.

The director of development services may approve alternative landscaping plans which meet or exceed the intent of this ordinance.

E.

Residential Buffer Required. Any multifamily or nonresidential development located adjacent to a district specified in the table below shall incorporate a buffer in its development design.

1.

Residential Buffer Design. A buffer strip with a minimum of ten (10) feet of depth shall be provided at the property line that separates districts. The buffer strip shall incorporate the following elements:

a.

A decorative masonry wall or opaque fence with masonry columns spaced no more than twenty (20) feet apart on center. This structural screen shall have a minimum height of six (6) feet and a maximum height of eight (8) feet unless it abuts a required residential front yard. In that event, the structural screen shall have a maximum height of three (3) feet.

b.

Sod or other permanent vegetative ground cover.

c.

Small trees/shrubs. One (1) specimen shall be installed per every ten (10) linear feet at a minimum. Shrubs may be placed at equal distances or in cluster formations. Specimens shall be selected from the list in Table 1. Small Trees/Shrubs.

d.

Canopy trees with a minimum caliper of three (3) inches at breast height. One canopy tree shall be installed per every twenty-five (25) linear feet. Trees may be placed as equal distances or in cluster formations. Specimens shall be selected from the list in Table 2. Canopy Trees.

e.

Grasses and/or grass-like ground cover. Specimens shall be selected from the list in Table 4. Grasses.

f.

Irrigation designed to support all installed vegetation.

F.

Parking Lot Buffer Required. Any parking lot containing ten (10) or more spaces which is located adjacent to a residential use shall incorporate a buffer in its development design.

G.

Parking Lot Buffer Design. A buffer strip with a minimum of six (6) feet of depth shall be provided at the property line that separates the parking lot from a residence. The buffer strip shall incorporate the following elements:

1.

A decorative masonry wall or opaque fence with masonry columns. This structural screen shall have a minimum height of six (6) feet and a maximum height of eight (8) feet unless it abuts a required residential front yard. In that event, the structural screen shall have a maximum height of three (3) feet.

2.

Sod or other permanent vegetative ground cover (see Table 3. Grasses).

3.

Small trees/shrubs (see Table 1. Small Trees/Shrubs). One specimen shall be installed every ten (10) linear feet at a minimum. Shrubs may be placed at equal distances or in cluster formations.

4.

Irrigation designed to support all installed vegetation.

H.

Parking Lot Perimeter Landscaping Required. The perimeter of all parking lots containing ten (10) or more spaces shall incorporate landscaping in its development design.

I.

Parking Lot Perimeter Landscaping Design. The area between any street and the parking lot shall be landscaped. The following elements shall be incorporated in the landscape design:

1.

Sod or other permanent vegetative ground cover (see Table 3. Grasses).

2.

Herbaceous perennials and decorative grasses shall be integrated for effect.

3.

Small trees/shrubs no less than three (3) feet in height following installation shall be installed every ten (10) linear feet at a minimum (see Table 1. Small Trees/Shrubs). Shrubs may be placed at equal distances or in cluster formations.

4.

Canopy trees shall be installed every thirty (30) feet (see Table 2. Canopy Trees).

5.

Irrigation designed to support all installed vegetation.

6.

Pavers, flagstone, and similar decorative masonry or stone materials shall not cover more than sixty-five (65) percent of any parking lot perimeter landscaping.

J.

Parking Lot Interior Landscaping Required. At least ten (10) percent of the interior area of off-street parking lots in front, side, and rear yards with street frontage that contain forty (40) or more parking spaces shall be landscaped. The following elements shall be incorporated in the landscape design:

1.

Landscaping shall be restricted to terminal islands and/or divider medians.

a.

Terminal islands, when used, shall be constructed at the end of parking rows with minimum six (6) inch high curbs. Their minimum width shall be five (5) feet and their minimum length shall be fifteen (15) feet.

b.

Divider medians, when used, shall be constructed between abutting rows of parking spaces with minimum six (6) inch high curbs. Their minimum width without wheel stops preventing overhang shall be eight (8) feet. If wheel stops preventing overhang are installed, their minimum width shall be five (5) feet.

2.

Permanent vegetative ground cover, but no sod (see Table 3. Grasses).

3.

Herbaceous perennials and decorative grasses shall be integrated for effect (see Table 3. Grasses).

4.

One small tree or shrub (see Table 1. Small Trees/Shrubs) no less than three (3) feet in height following installation shall be installed for each ten (10) parking spaces at a minimum.

5.

One canopy tree (see Table 2. Canopy Trees) with a minimum crown height of eight (8) feet shall be installed for every twenty (20) parking spaces.

6.

Irrigation designed to support all installed vegetation.

7.

Pavers, flagstones, and similar decorative masonry and stone materials shall not cover more than sixty-five (65) percent of any parking lot interior landscaping.

K.

Landscape Maintenance. Trees, shrubs, walls, irrigation improvements and other landscape features approved by the City shall be considered elements of the project in the same manner as parking and other details. The owner shall be responsible for regular maintenance of all landscaping in a way that presents a healthy, neat and orderly appearance. All landscaping shall be maintained free from disease, pests, weeds and litter. This maintenance shall include weeding, watering, fertilizing, pruning, mulching, edging and mowing as needed and in accordance with acceptable horticultural practice. It also includes the repair or replacement of required structures such as walls, and the replacement of defective landscaping required by this Section. All landscape areas shall be irrigated through an irrigation system or must be within seventy-five (75) feet of a hose attachment.

Table 1. Small Trees/Shrubs

Table 2. Canopy Trees

Table 3. Understory Trees

Table 4. Grasses

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 1026, § 1, 2-20-01; Ord. No. 1140, § 1, 1-17-06; Ord. No. 1171, § 1, 6-5-07; Ord. No. 2017, § 7, 5-18-10; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2269, § 1, 11-1-22; Ord. No. 2306, § 1(Att.), 5-6-25)

A.

Permitted. Outdoor storage and display shall be allowed in any nonresidential district in accordance with this Section. Any merchandise, material or equipment situated outdoors (with the exception of waste generated on-site and deposited in ordinary refuse containers) shall be subject to the requirements of this Section. Areas enclosed by solid, opaque walls on at least three sides with a solid, opaque roof shall not be considered outdoor.

B.

Types. For the purpose of this section, outdoor storage and display shall be broken down into three types, as follows.

1.

Type 1: Outdoor Display. Type 1 Outdoor Display shall be allowed adjacent to a principal building wall, extending to a distance no greater than five (5) feet from the wall and no more than fifty (50) feet from a functional entrance to the associated use. Such storage shall not be permitted to block windows, entrances or exits, and shall not impair the ability of pedestrians to use the building or sidewalks. Outdoor Display is allowed as an accessory use only and may not constitute a primary use on a site. All items displayed must be brought inside the building immediately following close of business each day.

2.

Type 2: Limited Outdoor Storage. Type 2 Limited Outdoor Storage shall not exceed one thousand (1,000) square feet or ten (10) percent of the total site area (whichever is greater).

3.

Type 3: General Outdoor Storage. Type 3 General Outdoor Storage shall be allowed in unlimited quantity, subject only to the location restrictions below.

C.

Location of Outdoor Storage and Display. Unless specifically authorized elsewhere in the City Code, all outdoor storage and display shall be located outside the public right-of-way and at least fifteen (15) feet from the back edge of the adjacent curb or street pavement. No outdoor storage or display shall be allowed in required side yards.

D.

Allowed Storage Table. The three types of storage shall be allowed in the districts designated in the following table. Districts that are not indicated in the table do not allow Outdoor Storage or Outdoor Display.

(Ord. No. 1140, § 1, 1-17-06; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2306, § 1(Att.), 5-6-25)

A.

Off-Street Parking.

1.

Parking Requirements by Use. In all districts there shall be provided at the time a building or structure is erected or structurally altered (except as provided in subsections 2.B. and C. below) off-street parking spaces in accordance with the following requirements. Parking area design and calculations must also be in compliance with the Americans with Disabilities Act (ADA) requirements.

a.

Other than parking required for Residential uses, no off-street parking is required in the Leisure and Entertainment District Overlay (LED-O).

2.

Rules for Computing Number of Parking Spaces. In computing the number of parking spaces required, the following rules shall govern:

a.

"Floor area" shall mean the gross floor area of the entire building housing the specific use.

b.

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

c.

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

d.

Whenever a building or use constructed or established after the effective date of this Ordinance is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten (10) percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change.

e.

Whenever a building or use existing prior to the effective date of this Ordinance is enlarged to the extent of 50 percent or more in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein.

f.

The parking requirements in this article do not limit special requirements which may be imposed in connection with special permits.

g.

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

B.

Parking Location and Joint Use.

1.

All parking spaces required herein shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required spaces may be located and maintained not to exceed three hundred (300) feet from the building served.

2.

Up to fifty (50) percent of the parking spaces required for public auditoriums and up to one hundred (100) percent of the parking spaces required for a church auditorium may be provided and used jointly by banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as the auditorium; provided, however, that a written agreement assuring retention for such purpose shall be properly drawn and executed by the parties concerned, approved as to form by the City Attorney, and filed with the application for a building permit, and also filed with the County Clerk.

C.

Parking Design Standards.

1.

An off-street parking space is a paved surface not in a street or alley and having a minimum dimension of nine (9) by eighteen (18) feet, exclusive of driveways, permanently reserved for the temporary storage of one automobile and connected with a street or alley by paved driveway which affords unobstructed ingress and egress to each space.

2.

Minimum aisle widths shall be provided in accordance with the angle of parking they serve. The same aisle width shall be used for either a single row or two rows of head-in parking sharing an aisle. Where two-way aisles with non-perpendicular opposite-facing stalls are used, the City shall determine the appropriate additional aisle width necessary.

3.

All parking spaces shall be legibly marked on the pavement.

4.

A parking lot shall be designed to physically prevent any portion of a vehicle from encroaching into or overhanging any public or private property line by means of a permanently installed curb, wall, or other such physical barrier.

5.

Where sidewalks occur in parking facilities, parked vehicles shall not overhang or extend over the sidewalk. In such a facility, wheel stops must be provided even where the parking facility has curbing.

D.

Driveway, Parking and Loading Area Construction. Driveways, parking and loading areas shall meet the City of Portland Parking Lot Construction Specifications (adopted by separate ordinance)

E.

Loading Space. Every building or part thereof erected or occupied for nonresidential uses shall provide loading spaces that meet the following requirements.

1.

Schools: an off-street school bus lane designed to meet the bus demand of the school to be served.

2.

Commercial districts: one loading space for the first 5,000 to 15,000 square feet of floor area in the building and one additional loading space for each additional 15,000 square feet or fraction thereof.

3.

Industrial districts: one loading space for each 10,000 square feet of floor area in the building.

4.

Each required loading space shall have a minimum size of ten (10) feet by twenty-five (25) feet.

F.

Maintenance of Off-Street Parking Lots, Driveways, Access Aisles, and Loading Areas. All off-street parking lots, driveways, access aisles, and loading areas shall be permanently maintained in safe, sound, usable condition. Minimum maintenance standards follow:

1.

All paved areas shall be free of potholes, standing water, mud, and litter.

2.

Parking spaces shall be reflectively striped and, when reserved for handicapped persons, properly signed.

3.

Driveways, sidewalks, curbs, and storm sewer inlets shall be maintained in good repair.

4.

Parking lot lights shall be maintained in good repair and properly illuminate parking as well as loading areas.

5.

Fire zones and other areas where parking is prohibited shall be properly designated by painted curbs and signs.

6.

On-site traffic signs shall be maintained in good repair.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 1076, § 4, 6-17-03; Ord. No. 1140, § 1, 1-17-06; Ord. No. 2005, § 6, 5-5-09; Ord. No. 2036, § 4, 4-5-11; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2087, §§ 3, 4, 5-6-14; Ord. No. 2306, § 1(Att.), 5-6-25)

A.

General.

1.

Permitted signs shall be designed in accordance with the City of Portland Construction Codes, and a permit fee shall be paid prior to sign erection.

2.

No sign face shall be permitted at the intersection of two (2) streets in the area between three (3) feet in height and seven (7) feet in height in order to maintain a vision triangle as defined in Chapter 10, Definitions.

3.

No sign is permitted within the right-of-way unless explicitly stated otherwise by this UDO or the City.

4.

Sign Maintenance. All signs, including those painted on the walls of buildings, shall be permanently maintained in a safe, presentable condition. All signs shall be kept in good repair and, unless of galvanized or non-corroding metal or plastic, or treated with appropriate wood preservative, shall be thoroughly painted as often as is necessary consistent with good maintenance. All braces, bolts, clips, supporting frames and fastenings shall be free from deterioration, termite infestation, rot or loosening.

B.

Signs Exempt from Permit. The following signs are exempt from permit requirements and may be installed and maintained in compliance with all other City of Portland ordinances and within the limitations set forth below:

1.

Public Signs. Noncommercial signs erected by or at the direction of a public officer in furtherance of the public interest in the performance of their public duty.

2.

Small Temporary Ground Sign. Small Temporary Ground Signs are intended to be temporary in nature and typically include real estate signs or contractor signs, among others. One (1) non-illuminated on-site sign no more than six (6) square feet in sign face area and four (4) feet in height shall be allowed on each side of the premises fronted by a public street. For larger signs, see "Temporary Ground Sign" below.

3.

Political Signs. Political signs in accordance with Election Code Title 15 Chapter 259. Political Signs.

3.

Integral Signs. Messaging (e.g., the names of buildings, dates of erection, monumental citations and commemorative tablets) carved into stone, concrete or similar permanent materials and constructed as an integral part of a structure.

4.

Nameplates. One (1) non-illuminated sign per entrance per business attached to the building and not exceeding two (2) square feet of sign area per face with wording limited to name and occupation.

5.

Traffic Signs. Traffic and other official signs and devices installed by a governmental agency.

6.

On-Site Traffic Signs. On-site traffic directional signs that do not exceed four (4) square feet of sign area per face, that do not exceed six (6) feet in height above ground level.

7.

Nonresidential Flags. No more than three (3) flags and three (3) permanent flag support poles shall be allowed at each business year round. No flag support pole shall exceed a height of fifty (50) feet on lots in the Corridor Zone and twenty-five (25) feet outside the Corridor Zone. Businesses may fly more than three (3) flags on a temporary basis through the issuance of a temporary banner sign permit.

8.

Home Occupation Signs. Home occupations shall be limited to a one (1) square foot sign that is a non-illuminated name plate mounted flat against the building.

9.

Menu Boards. Eating establishments with drive-through service are permitted one "menu board" sign per lot, limited to thirty-six (36) square feet in area and six (6) feet in height.

10.

Temporary Event Signs. A temporary sign of any design (temporary portable sign, temporary banner sign, etc.) no more than eighty (80) square feet in sign face area approved as part of a temporary event permit. The sign shall be used no more than twenty-one (21) days before the event and during the event.

C.

Prohibited Signs. The following signs are hereby prohibited:

1.

Signs containing statements, words or pictures of an obscene, indecent or immoral character, such as will offend public morals or decency.

2.

Signs that imitate an official traffic sign or signal or that contain the words "stop," "go slow," "caution," "danger," "warning," or similar words.

3.

Signs that are of a size, location, movement, content, coloring or manner of illumination that may be confused with or construed as a traffic-control device, or that hide from view any traffic or street sign or signal or that obstruct the view in any direction at a street or road intersection.

4.

Signs with flashing, moving, blinking, chasing or other intermittent illumination. Illumination of signs shall be constant with either internal lighting or external reflected illumination. External lighting shall reflect light directly upon said sign and not cause excessive light to distract motorist, pedestrians or residents.

5.

Signs erected in or projecting into the public right-of-way or recorded easement, unless an encroachment agreement is executed.

6.

Signs on vehicles or trailers that are parked or located for the primary purpose of displaying the sign. It shall be considered prima facie evidence that the primary purpose of a vehicle or trailer is to display a sign if the vehicle or trailer is parked on a site for a continuous period exceeding seventy-two (72) hours.

7.

Signs with a sign structure substantially larger than is necessary to support the sign.

8.

Off-premise signs frequently referred to as billboards. Off-premise signs existing at the time this prohibition takes effect shall be allowed to remain. Off-premise signs that are damaged by fire, wind or other cause in excess of fifty (50) percent of their replacement cost after the effective date of prohibition shall be immediately removed.

9.

Signs that are erected in violation of the City's building, electrical or sign codes, or other applicable local regulations.

D.

Signs Requiring Permits. The following sign types must be properly permitted before installation.

1.

Awning Sign. A sign mounted, painted or otherwise integral to non-rigid material such as fabric or flexible plastic that is supported by or attached to a frame and that extends from the exterior wall of a building. The awning sign shall refer to a business located within the building to which the awning is attached. The total area of all signs shall not exceed a size larger than an area equal to one (1) square foot for each lineal foot of frontage of the building to which the sign is attached or fifty (50) square feet, whichever is smaller.

2.

Building Sign Type A. A sign placed flat against the building, not projecting above the roof line, and referring to a business located within the building to which the sign is attached. The total area of all signs shall not exceed a size larger than an area equal to one (1) square foot for each lineal foot of frontage of the building to which the sign is attached or fifty (50) square feet, whichever is smaller. In an R-2, Single-Family Residential, R-6, Single-Family Residential, R-7, Single-Family Residential or R-8, Single-Family Residential district, such signs are limited to use by permitted nonresidential uses.

3.

Building Sign Type B. A sign placed flat against the building with the uppermost part not projecting more than four (4) feet above the roof line, and referring to a business located within the building to which the sign is attached. The total area of all signs shall not exceed a size larger than an area equal to three (3) square feet for each lineal foot of frontage of the building to which the sign is attached. In the case of a building occupied by more than one (1) business, each tenant's frontage shall be treated as a separate building.

4.

Corridor Sign. Businesses located in the Corridor Zone or on legally platted lots with U.S. Highway 181 frontage may have a Corridor Sign. A Corridor Sign shall be permanently constructed, installed in the ground and located on the same lot as the business establishment to which it refers. The total sign face area shall not exceed two (2) square feet for each lineal foot of frontage of the lot (platted street frontage) or two hundred (200) square feet, whichever is smaller, and shall not exceed fifty (50) feet in height. A corridor sign of up to two hundred (200) square feet is allowed on platted lots with less than one hundred (100) feet of frontage if the platted lot is greater than one (1) acre. A business or multi-business development with ten thousand (10,000) or more square feet of floor area is permitted to have a second Corridor Sign. A business or a multi-business development described with over twenty thousand (20,000) square feet of floor area is permitted to have a third Corridor Sign.

5.

Electronic Message Boards. Electronic message board signs are allowed in addition to but on the same support structure as a "Freestanding Sign - B" sign. The maximum size shall be no larger than forty (40) square feet for signs within the Highway 181 corridor, and no larger than twenty-four square feet for all other allowed areas. Maximum sign heights shall be in accordance with required height regulations applicable to all signs. Electronic messages shall appear and remain for a period of no less than six (6) seconds, whereas such message shall either scroll off the display rapidly or immediately be replaced by another message or symbol. Such electronic message board sign shall not be allowed as a wall sign.

6.

Freestanding Sign Type A. A permanently constructed sign, installed in the ground and located on the same lot as the business establishment to which it refers that appears to be a solid mass through specific material (masonry, metal, routed wood planks, routed wood beams or durable plastic) construction. The total sign face area shall not exceed eighty (80) square feet and a height of six (6) feet. The intensity of any direct or indirect lighting, whether internal or external, shall not exceed fifty (50) foot candles measured at the sign face and external light, if used, shall be directed specifically at the sign. A business with retail gasoline sales, or a shopping area with ten thousand (10,000) square feet of floor area is permitted to have a second Freestanding Sign. A single business or shopping area as above described with over twenty thousand (20,000) square feet of floor area is permitted to have a third Freestanding Sign.

7.

Freestanding Sign Type B. A permanently constructed sign, installed in the ground and located on the same lot as the business establishment to which it refers. The total sign area shall not exceed a size larger than two (2) square feet for each lineal foot of frontage of the lot (platted street frontage) or two hundred (200) square feet, whichever is smaller, and not to exceed twenty-five (25) feet in height. A business with retail gasoline sales, or a single business or a shopping area with 10,000 or more square feet of floor area is permitted to have a second freestanding sign. A single business or a shopping area with over 20,000 square feet of floor area is permitted to have a third freestanding sign.

8.

Temporary Banner Sign. An on-site banner made of lightweight fabric no more than thirty-two (32) square feet in sign face area advertising an on-site product, activity, or service may be used a total of one hundred twenty (120) days each calendar year. Banners shall not exceed twenty (20) percent of the front wall area. Streamers of any kind, pennants of any kind and temporary flags no more than thirty-two (32) square feet in area shall be treated as temporary banner signs. One (1) temporary flag may be permitted each twenty-five (25) feet of lot frontage (platted street frontage). The distance between flags shall not be less than twenty-five (25) feet and all flags must be placed parallel the street frontage. No feather signs, streamers, pennants, or temporary flags shall be flown at a height that exceeds twenty-five (25) feet.

9.

Temporary Portable Sign. A temporary sign may be used 30 continuous days each calendar year. Such sign shall not exceed fifty (50) square feet in total sign area and must be anchored down so it will, at all times, withstand a wind load of thirty (30) pounds per square foot in any direction.

10.

Projecting Signs. Projecting signs shall be considered as Building Signs, and the total area of a projecting sign shall be considered when calculating the allowable area of a Building Sign.

11.

Inflatable Signs or Objects. Balloons or similar inflatable objects shall be permitted no more than twenty-one (21) days each calendar year. Only one (1) inflatable object shall be permitted each business and it shall not exceed twenty-five (25) feet in height or be flown above twenty-five (25) feet in height.

12.

Searchlights. Searchlights, or spotlights, may be permitted and may include traditional searchlight devices or laser-type devices. A permit for the use of an advertising searchlight may be granted under the following additional regulations:

a.

A searchlight shall be located a minimum distance of fifty (50) feet from any public right-of-way and from side or rear property lines, and shall be positioned so as to project all beams at minimum angle of thirty (30) degrees upward from grade level. No searchlight beam may project onto adjacent property onto property or buildings not owned/operated by the business utilizing the searchlight.

b.

The maximum light intensity generated by searchlights on any premise may not exceed a total of one thousand six hundred (1,600) million foot candlepower. No more than four (4) beams of light may be projected from any premise at any point in time.

c.

All searchlights must be designed and maintained so as to prevent beam rays of light (or laser beams) from being directed at any portion of the traveled ways, and no light shall be of such intensity or brilliance as to cause glare or to impair the vision of the driver of any vehicle, or to create any other type of traffic hazard (i.e., cannot be such an unusual, eye-catching display that would distract the attention of motorists).

d.

No advertising searchlight may be operated between the hours of midnight and 7:00 a.m.

e.

No advertising searchlight may be operated on a premise for more than fifteen (15) days within any calendar year. No permit for an advertising searchlight may be issued for any business entity for which a permit has been issued for a searchlight on the same premise within the last six (6) months preceding the date of the permit application.

13.

Temporary Ground Sign. One (1) temporary ground sign shall be permitted per development under the following conditions:

a.

Such signs shall be permitted prior to installation. The permits for temporary ground signs shall only be valid for two (2) years, but may be continuously renewed if the property is actively listed for sale or at least one (1) building on the site is actively listed for lease. Such signs shall be removed within thirty (30) days of the property(s) sale or lease.

b.

The sign face area of such signs shall not exceed sixty-four (64) square feet.

c.

The sign height of such signs shall not exceed ten (10) feet.

d.

Such signs may be lighted.

e.

Such signs shall be designed and constructed to meet all windstorm requirements.

f.

Such signs shall be properly maintained at all times.

E.

Signs Types Allowed by District.

1.

Permitted sign types are allowed in districts in accordance with the following chart and the standards above.

2.

Notwithstanding the district restrictions below, sites with frontage on an arterial street shall be allowed to have a Freestanding Sign Type B and a Building Sign Type B. Sites with frontage on a collector street shall be allowed to have a Freestanding Sign Type A.

F.

Abandoned Signs.

1.

An abandoned sign depicts or refers to a product, business, service, activity, condition or person that has changed in such a fashion that the sign no longer correctly identifies or describes him or it, that no longer exists at the location referred to in the sign, or that no longer exists in any way or at any place.

2.

Abandoned building signs shall be removed or painted out within ninety days of the cessation of such business or sale of such product by the owner, agent or person having the beneficial interest in the building or premises on which such sign is located.

3.

Abandoned freestanding signs shall be removed in accordance with the following provisions:

a.

Sign faces shall be removed within ninety days of abandonment. The Administrative Official may grant one extension of up to ninety (90) days upon a showing of good cause.

b.

Sign supports shall be removed within three hundred sixty-five (365) days of abandonment. The Administrative Official may grant one extension of up to one hundred eighty days upon a showing of a good cause.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 1060, § 1, 11-5-02; Ord. No. 1089, § 7, 11-4-03; Ord. No. 1134, § 1, 10-4-05); Ord. No. 1140, § 1, 1-17-06; Ord. No. 1145, § 1, 8-1-06; Ord. No. 2031, §§ 2, 3, 11-2-10; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2094, §§ 12, 13, 10-7-14; Ord. No. 2306, § 1(Att.), 5-6-25)

A.

Nonresidential and Multifamily Exterior Building Lighting.

1.

Exterior lighting shall be aimed and shielded to prevent glare.

2.

Lots abutting residential dwellings or residential zoning districts shall use low-level lighting, as defined by the Illuminating Engineering Society of North America (IESNA), to minimize light visibility on adjoining properties.

3.

Exterior lighting fixtures shall be full cut-off fixtures as defined by the Illuminating Engineering Society of North America (IESNA) in order to direct light downward.

4.

Incandescent, fluorescent, color-corrected high-pressure sodium, or metal halide lighting are acceptable fixtures. The use of solar-powered lighting and LED lighting is encouraged where feasible. Exterior lighting installations shall include timers, dimmers, sensors, or photocell controllers that turn the light off during daylight hours or hours when lighting is not needed.

5.

The following shall be exempt from this subsection:

a.

Lighting or illumination required by the building code.

b.

Holiday and temporary lighting.

c.

Athletic field lighting.

d.

Low voltage landscape lighting.

B.

Parking Lot Lighting.

1.

Parking lot lighting shall be aimed and shielded to prevent glare.

2.

Lots abutting residential dwellings or residential zoning districts shall use low-level lighting and a maximum pole height of 12 feet to minimize light visibility on adjoining properties.

3.

Lighting fixtures serving parking lots shall be Dark Sky compliant, full cut-off fixtures as defined by the Illuminating Engineering Society of North America (IESNA) in order to direct light downward.

4.

Incandescent, fluorescent, color-corrected high-pressure sodium, or metal halide lighting are acceptable fixtures. The use of solar-powered lighting and LED lighting is encouraged where feasible. Exterior lighting installations shall include timers, dimmers, sensors, or photocell controllers that turn the light off during daylight hours or hours when lighting is not needed.

(Ord. No. 2087, § 5, 5-6-14; Ord. No. 2306, § 1(Att.), 5-6-25)