Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

3. Development Plat Applicability. Subject to locational applicability, set out in Subsection B., above, these regulations apply to all "development" within the City limits and in the ETJ in any of the following circumstances, unless exempted by Subsection D., below:
   1. No Plat or Replat. The development of any tract of land of any size which has not been platted or replatted prior to the effective date of these regulations, unless expressly exempted herein; or
   2. Exemption Claim. The development of any tract of land for which the property owner claims an exemption from the City's Subdivision Ordinance (Ord. No. 85-46; latest amendment 2007-02); or
   3. Private Access. The development of any tract of land for which the only access is a private access easement or private street; or
   4. Public Access. The development of any tract of land for which access is proposed to a City or County street of collector or arterial classification or a state highway that requires submission to the Texas Department of Transportation (TxDOT) of Form 1058, Permit to Construct Access Driveway Facilities on Highway Right-of-Way; or
   5. Greater than 5 Acres. The division of any tract of land resulting in parcels or lots each of which is greater than five acres in size; or
   6. No Public Improvements. Where no public improvement is proposed to be dedicated or constructed or is otherwise required by the City.

4. Development Exempted from these Regulations. The following types of development are exempted and shall be permitted to develop under the current building, subdivision, land development, and other associated regulations and/or existing ordinances:
   1. The development or expansion of residential single-family homes on existing, individual lots of record, or new lots of record created through a minor subdivision of three lots or less, or a combination of the two;
   2. Development of individual lots of existing single-family residential subdivisions;
   3. Tenant finish projects of or within existing buildings that do not involve the exterior renovation, rehabilitation, improvement, or expansion of the building or its site; and
   4. The expansion of existing nonresidential development, which includes, but is not limited to, commercial office, retail, and service businesses, as well as industrial office, warehouse, storage, assembly, and manufacturing facilities, provided that the expansion does not include demolition of the existing building and does not exceed 15 percent of its existing gross floor area.
5. Other Development. Any development other than that specified in Subsection D., Development Exempted from these Regulations, shall hereafter require submittal, review, and approval of a development plat in a similar manner as that currently required of preliminary and final plats, as set out in the City's Subdivision Ordinance (Ord. No. 85-46; latest amendment 2007-02). The development plat approval shall require professional review, as designated by the City Manager, to determine that the development is consistent with the purposes spelled out in Section 20.1.102, Purposes, Findings, and Duration, and that it is consistent with the Comprehensive Master Plan and conforms to the intent and design objectives of these regulations.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Figure 20.1.204 Illustrative Design of RV Pull-Through Spaces

4. 3. 3. Space Marker. A permanent space marker identifying the space number is required to be visible day and night, which shall be visible from the internal private roadway.
      4. Accessory Structures. Individual RV spaces are not allowed to have accessory structures (e.g., separate awnings, cabanas, carports, garages, porches, storage sheds, etc.), with the exception of factory installed recreational vehicle extensions (e.g., expandable spaces or awnings).

3. 4. RV Park Access and Circulation.
      1. The entrance of the internal private roadway shall be constructed of concrete for the first 50 feet and have a pavement width of 30 feet with a 30 foot curb radius.
      2. The internal private roadway shall have at least one direct connection to a paved public street, have a pavement width of 24 feet in accordance with City specifications, and shall consist of concrete, asphalt, or crushed limestone. The roadway may be 15 feet in width if it is designed for one-way roads as long as there is a minimum of 24 feet of unobstructed clearance, and a minimum of 60 feet in turning area and radii, to permit the free movement of emergency vehicles.
      3. No dead-end streets unless a cul-de-sac is installed in accordance to City specifications.
   5. Lot Access. Each RV space shall have direct access to the interior private roadway and shall be constructed of concrete, gravel, asphalt, crushed limestone, or similar material that controls or reduces dust.
   6. Required Facilities. Each RV park shall install and maintain the following required facilities and all buildings, walkways, and other structures in the RV park shall meet the standards for accessibility by the handicapped established by the applicable City, state, and federal regulations:
      1. Office. An office for the manager and a publicly available telephone which shall be accessible for emergency use 24 hours a day, seven days a week.
      2. Laundry and Maintenance Facilities. A laundry and maintenance building shall be included in the site design.
      3. Sanitary Facilities. The RV park shall provide the following sanitary facilities in the quantities specified below. Each calculation shall be rounded up to the next nearest whole number, where a minimum of at least one is required. Facilities for males and females shall be separate and located within a permitted building.
         1. Toilets. One toilet for each sex for every 15 RV spaces;
         2. Washbasins. One washbasin shall be provided within the bathroom for every two toilets provided; and
         3. Showers. One shower for each sex for every 15 RV spaces.
      4. Design and Maintenance of Sanitary Facilities. Design and maintenance of the sanitary facilities shall be in accordance with the following:
         1. Buildings shall be well lit at all times, day or night, well ventilated with screened openings, and constructed of moisture proof material to permit rapid and satisfactory cleaning, scouring and washing;
         2. The floors shall be of concrete or other impervious material, elevated not less than four inches above grade, and each room shall be provided with floor drains;
         3. Toilet and bathing facilities shall be in separate rooms or each toilet provided in a community toilet house shall be partitioned apart from any other toilet in the same room. The floor surface around the commode shall not drain into the shower floor;
         4. Toilet floors and walls shall be of impervious material, painted white or a light color, and be kept clean at all times. Shower stalls shall be made of tile, plaster, cement or some other impervious material and shall be kept clean at all times. Shower stalls shall be partitioned in any manner as to provide privacy and promote cleanliness. If a shower stall is of some impervious material other than tile, cement or plaster, it shall be white or some light color and kept clean at all times; and
         5. The floor of any bathroom, other than the shower stall, shall be of some impervious material, and the walls of the bathroom, other than the shower stall, shall be made of a washable surface, kept clean at all times.
         6. Sidewalks shall be required around all sanitary facilities connecting to the internal private roadway.
   7. Lighting. All common access routes, driveways, internal streets, off-street parking areas, and service buildings within the RV park shall comply with Section 20.1.210, Outdoor Lighting, to ensure adequate visibility within such areas at night by park residents and guests and public safety personnel who might be called to the park at night.
   8. Required Landscaping, Bufferyard, and Screening.
      1. All RV parks shall be completely surrounded by a Type C bufferyard, as set out in Section 20.1.212, Landscaping, Buffering, and Tree Preservation.
      2. Located on the park side of the bufferyard, all RV parks shall be completely surrounded by a solid fence which is constructed of solid material that has been pre-approved by the Code Official and be at least six feet, but no more than eight feet in height with the exception of the entrance to the park.
      3. All ground surface areas not used to meet the minimum access, vehicle and pedestrian circulation, buildings, etc., required by this Section shall be groundcover, which shall include sod, ornamental grasses, mulch, or perennial or seasonal plantings, or other vegetative cover which is capable of preventing soil erosion and sediment pollution.
   9. Solid Waste and Recycling Collection. Centralized solid waste and recycling collection shall be in accordance with the provisions set out in Section 20.1.216, Solid Waste and Recycling Collection. One centralized container shall be required for each 15 RV spaces of a sufficient size to handle all trash and garbage generated without having to be emptied more than twice per week. Recycling collection shall be as needed.
   10. Utilities. In addition to the following, the installation of utilities shall be in compliance with all building codes and other applicable provisions of these regulations.
       1. Drainage. The ground surface in all parts of the RV park shall be graded and designed to drain all stormwater and surface water in a safe, efficient manner. A stormwater management pollution plan is required in conformance with Ord. No. 2011-03, Illicit Discharge and Connection Stormwater.
       2. Water System. All common buildings and RV spaces shall be provided with a connection to the City water system if it is located within 1,000 feet of the RV park. If the City water system is not available, then a permit from the Texas Commission on Environmental Quality (TCEQ) shall be obtained to install a well. The City must approve all proposed water facility plans prior to construction. The water distribution system shall be designed and installed in conformance with all City regulations and as follows:
          1. A master water meter shall be installed to serve the RV park. Sub-metering or re-metering for private purposes by the owner/operator of the RV park is permitted; however, sub-metering or re-metering of individual RV spaces for public purposes, as determined by the City, such as meter reading and utility billing of individual RV spaces is not permitted.
          2. A reduced pressure principal backflow preventer will be required to be placed at the lot line on the discharge side of the master meter. In addition, one must be placed at each of the connections for each RV spaces and located on the right side of the space.
          3. Water riser service branch lines shall extend at least four inches above ground elevation. The branch line shall be at least ¾-inch.
          4. Adequate provisions shall be made to prevent freezing of service lines, valves, and riser pipes. Surface drainage shall be diverted from the location of utility connections at each space.
          5. A shut off valve below the frost line shall be provided on each branch line.
          6. Each water hook-up must be through the hose bib with vacuum breakers installed.
          7. The owner/operator shall have complete maintenance responsibility for the water system within the RV park.
          8. The City has no maintenance responsibility for service lines within the RV park. The responsibility of the City stops at the lot line.
       3. Wastewater System. All common buildings and RV spaces shall be provided with a connection to the City wastewater system if it is located within 1,000 feet of the RV park. If the City wastewater system is not available, then a permit from the Texas Commission on Environmental Quality (TCEQ) shall be obtained prior to placement of an on-site sewage facility. The City must approve all proposed wastewater facility plans prior to construction. The wastewater distribution system shall be designed and installed in conformance with all City regulations and as follows:
          1. Each RV space shall be provided with a four-inch diameter wastewater riser and shall extend above grade four to six inches. The wastewater riser pipe shall be so located on each stand so that the wastewater connection to the RV drain outlet will approximate a vertical position. Each inlet shall be provided with a gas tight seal when connected to a recreational vehicle or have a gas tight seal plug when not in service.
          2. Each wastewater hook-up must have a P-trap (4) installed below grade.
          3. The wastewater connection to each RV space shall consist of a single four-inch service line without any branch lines, fittings, or connections. All joints shall be water tight.
          4. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least four to six inches above the ground elevation.
          5. Each collection wastewater line shall provide a vent extending a minimum of 10 feet in height.
          6. The owner/operator shall have complete maintenance responsibility for the wastewater system within the RV park.
          7. The responsibility of the City stops at the lot line.
          8. Each RV park shall be required to install at the lot line, where connection to the City wastewater system is made, a sample well site. The sample well site shall be installed according to City specifications.
          9. The City may, at its discretion, require pre-treatment of wastewater from an RV park.
       4. Electrical System. All common buildings and RV spaces shall be provided with a connection to the City electrical system, which shall be installed underground in accordance with the most currently adopted National Electric Code. The electrical system shall be designed and installed in conformance with all City regulations and as follows:
          1. A master electric meter shall be installed to serve the RV park. Sub-metering or re-metering for private purposes by the owner/operator of the RV park is permitted however sub-metering or re-metering of individual RV spaces for public purposes, as determined by the City, such as meter reading and utility billing of individual RV spaces, is not permitted.
          2. The City has no maintenance responsibility for service lines within the RV park. The responsibility of the City stops at the weatherhead.
          3. The location of all underground lines shall be clearly marked by surface signs at approved intervals.
          4. Power supply to each space shall be a minimum of one 20-amp and one 50-amp power supply for pull-through RV spaces.
          5. Outlets (receptacles or pressure connectors) shall be housed in an Underwriters' Laboratories, Inc., approved weather-proof outlet box and shall be of the "female" plug in type.
          6. A water-tight seal shall be provided for underground conduit in floodplain installations, and a riser extending a minimum of two feet above the floodplain elevation shall be provided.
   11. Fire Protection.
       1. Pre-installed metal fire rings surrounded by eight feet of clear space covered with gravel shall be installed at each RV space. Alternately, one centralized fire ring may be installed for each 15 RV spaces. Open fires are only allowed in owner/operator installed fire rings and subject to restriction by the authority of the Fire Chief.
       2. Each RV space shall be within 300 feet of a fire hydrant. If the City water system is not available, the owner/operator shall install and maintain a pond or container on the property that has a minimum capacity of 20,000 gallons, if one does not already exist on site. The pond or container shall be filled at all times and be connected to a dry hydrant. The dry hydrant shall have a standard four inch connection or other such size as approved by the Fire Chief and be installed in a location that is accessible to emergency vehicles.
       3. In RV parks in which gasoline, fuel, oil, or other flammable liquids are stored and/or dispensed, their handling and storage shall comply with the provisions of the Standard Fire Prevention Code.
       4. Bottled gas shall not be used at individual RV lots unless the containers are properly connected by copper or other suitable metallic tubing. Bottled gas cylinders shall be securely fastened in place.
       5. All fire rings, wood burning stoves and other forms of outdoor cooking shall be located, constructed, maintained, and used as to minimize fire hazards and smoke nuisance.
       6. Approaches to all RV spaces shall be kept clear at all times for access by firefighting equipment.

5. Site Plan. A site plan is required showing conformance with each of the site design criteria detailed in this Section (including all proposed on-site utilities, rights-of-way/easements and internal roadway configuration, storm drainage, RV space layout, building improvements, fencing, buffering, lighting and signage), as well as other applicable requirements of these regulations which will be used for review and consideration during the approval process.
6. License. It shall be unlawful for any person to permit, allow the placement, use or occupancy of a recreational vehicle on any property under the control of the owner/operator unless such placement, use or occupancy is specifically authorized by this Section and owner/operator has made application for a park license in accordance with Article VIII, License for a mobile home park, of Ord. No. 2011-10, Manufactured Home Ordinances, and paid the required fee as established by Resolution by the City of Richmond, City Commission. A license is valid for one year and must be renewed yearly from the date of issuance.
7. Duration of Stay.
   1. Recreational vehicles may be parked within a designated space in a RV park or manufactured home park for a period of time not to exceed 180 days within any consecutive 12-month period, and may be used for sleeping and living purposes during the time that it is so placed in the park if:
      1. It is self-contained;
      2. It has a minimum of 120 square feet of floor space;
      3. The park in which it is placed is licensed by the City as a RV park; and
      4. It is placed on a lot in the park which was shown on the park's application and approved by the City for use of the specific type of recreational vehicle being placed thereon.
   2. Up to 20 percent of the RV spaces may be used for a duration of stay not to exceed two years; provided however, that those RV spaces are configured in a separate area, or "pod," and have separate access.
8. Duties of the Owner/Operator.
   1. Set and Enforce Rules. It shall be the duty of the owner/operator to prescribe rules and regulations for the management of the RV park; to make adequate provisions for the enforcement of such rules; and to subscribe to any and all subsequent rules and regulations which may be adopted for the management of such park. Copies of all such rules and regulations shall be furnished to the City Secretary.
   2. Provide for Site Maintenance. It shall be the duty of the owner/operator to maintain all grounds in the RV park to:
      1. Ensure proper and adequate measures are taken for insect and rodent control, including, but not limited to, the following:
         1. The grounds, buildings, and structures shall be maintained free from insect and rodent’s harborage and infestation.
         2. The entire RV park shall be maintained free of accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitoes, and other pests.
         3. Storage areas shall be so maintained as to prevent rodent harborage; lumber, pipe, and other building material shall be stored at least one foot above the ground.
         4. The growth of brush, weeds, and grass shall be controlled to prevent harborage of ticks, chiggers, and other noxious insect.
         5. Open areas shall be maintained free of heavy under growth of any description. This does not apply to the required bufferyard, which should be allowed to fill in with natural vegetation over time.
      2. Ensure that no person shall keep, store, or allow any motor vehicle to remain on the premises of an RV park if such motor vehicle is incapable of being operated under its own power or has exceeded the maximum allowable duration of stay as set out in Subsection G., Duration Of Stay, above.
      3. Ensure that each RV space is clearly marked and visible from the internal roadway.
      4. Provide for regular inspection of all public and private utilities.
      5. Provide for all collection and removal of solid waste and recycling in accordance with the applicable City ordinance.
      6. Prohibit the placing or storage of unsightly material or vehicles of any kind.
      7. Cap all sewer taps not in use.
      8. Maintain safe and sanitary public and private utility connections to each RV space.
      9. Maintain a neat, clean, sanitary, and safe park.
   3. Keeping Register of Guests. The owner/operator shall create and maintain a register of guests that shall be available for inspection and retained for three years showing the following:
      1. The date of arrival and departure;
      2. The number or letter of the designated space being rented;
      3. Photocopy of the driver's license of the primary tenant;
      4. Automobile and recreational vehicle license plate number and the state in which each is registered;
      5. Full address of permanent residence; and
      6. The names of persons staying in the RV park and which lot they are located on.
9. Duties of Guests.
   1. Each guest shall comply with all applicable requirements of these regulations and shall maintain his or her RV space, its facilities and equipment in good repair and in clean sanitary condition.
   2. Each guest shall be responsible for proper placement of his or her recreational vehicle on its site and proper installation of all utility connections in accordance with the instructions of the management. The guest shall obtain all City licenses and permits where required.
10. Expansion or Modification of Existing RV Parks.
    1. Re-review Required. Any enlargement (e.g., size of property or additional RV spaces, etc.) or modification of site layout of an existing RV park shall require a re-review and approval as if it were a new application.
    2. Existing Facilities Brought Into Conformance. No enlargement or extensions to any RV park shall be permitted unless the existing facility is made to conform with all the requirements for new construction in conformance with this Section.
11. Inspections.
    1. Authorized. The Code Official is authorized to make at least two annual inspections at six-month intervals per RV park and additional inspections as are necessary, without prior notice, to determine compliance with this Section.
    2. Entry On Premises. The Code Official shall have the power to enter, during normal operating hours, upon any public or private property, excluding recreational vehicles, with the purpose of inspecting and investigating conditions relating to the enforcement of this Section.
12. Suspensions.
    1. Notice. Whenever, upon inspection of any RV park, the Code Official finds that conditions or practices exist which are violation of any provision of this Section applicable to such park, the Code Official shall provide notice in writing to the owner/operator, and if such conditions or practices have not been corrected in the timeframe set forth in the notice, the Code Official will suspend the RV park license and give notice of such suspension.
    2. Cessation of Operations. Upon suspension of the RV park license, the owner/operator shall cease operation of the RV park and all recreational vehicles shall vacant the RV park within five days.
    3. Appeal. The suspension of the license may be appealed to the City Commission.
13. Abandonment and Restoration.
    1. ​Plan. In the event that operations should cease for a period of 24 months, the owner shall be required to provide a written plan and agreement to the Code Official showing evidence of a pending lease/sale agreement or a plan of action setting forth how the site's improvements (e.g., internal roadways, RV parking pads, buildings and structures, utilities, signs, and other non-vegetative improvements) shall be dismantled and the site restored to its previous unoccupied, natural condition. The start of the 24 month timeframe begins upon notification to the City by the owner/operator, or upon the initial inspection by the Code Official, whichever comes first.
    2. Restoration. If the City deems the abandoned RV park is public health or safety hazard after the 24 months have expired, the City may restore the property to its natural conditions and place a lien on the property to recover both restoration and administrative costs.
14. Recreational Vehicles Outside of Recreational Vehicle Parks. The parking of recreational vehicles outside of RV parks is subject to the standards set out in Section 20.1.205, Parking.

Effective on: 1/1/1901

Figure 20.1.205A Location of Required Parking

5. Dimensions of Standard Parking Spaces. Parking spaces shall have the following dimensions.
   1. Generally: Nine feet in width by 20 feet standard stall depth, which equals 180 total square feet.
   2. 90-degree parking spaces that abut a curb or the edge of pavement (allowing an overhang): Nine feet width by 18 feet reduced stall depth provided there is a six foot wide sidewalk, or a minimum eight foot landscape area (see Figure 20.1.205B, Parking Space Dimensions).
   3. Parallel (0 degree) parking spaces: Eight feet width by 20 feet standard stall depth.

Figure 20.1.205B Parking Space Dimensions

6. Parking Space Design and Markings.
   1. Vertical Clearance. All parking spaces shall have a vertical clearance of at least 10 feet. Some larger vehicles like vans, SUVs, and light trucks may need a higher clearance. The applicant should note the maximum vehicle size to be accommodated. All parking structure entrances shall have a clearly marked bar to alert oversized vehicles of height limitations before they enter.
   2. Markings.
      1. All parking spaces that are located in parking lots or provided on a street shall be clearly marked with either:
         1. A single four-inch-wide contiguous line painted and maintained at the required stall width; or
         2. A double four-inch-wide contiguous line painted and maintained with the midpoint of the two lines being located at the required stall width.
      2. All handicap accessible spaces shall be designed with an upright sign exhibiting the universal symbol for accessibility by the handicapped. All such spaces shall be designed in compliance with the standards of the Americans with Disabilities Act (ADA).
      3. Parking spaces for residential uses that are located in private garages, carports, or individual driveways do not have to be marked. An area on a private residential lot is considered a parking space if:
         1. The area is at least nine feet width by 20 feet stall depth in dimension;
         2. The area does not encroach upon a public sidewalk;
         3. The area has an improved hard surface; and
         4. The area is accessible from the street.
         5. Parking Module Standards. Table 20.1.205B, Parking Module Standards, sets out the minimum horizontal widths for standard parking space depths, parking aisles, and combined parking aisle/stall modules. See also Figure 20.1.205C, Illustrative Parking Module Configurations.

Figure 20.1.205C Illustrative Parking Module Configurations
Illustrative dimensions for one parking row and parking aisle
Illustrative dimensions for two parking rows and parking aisle

1. 4. Parking for Residential Development. The following types of vehicles are allowed in residential parking areas:
      1. The outdoor parking or outdoor storage of not more than two recreational vehicles, campers or boats, or trailers on property used for residential purposes, stored only in the side or rear yard and complying with the following:
         1. A recreational vehicle used for occupancy may be parked or stored outside a recreational vehicle (RV) park so long as occupancy does not exceed seven days in any consecutive six-month period, and no utilities are connected to the recreational vehicle and the vehicle is not parked on or extending over a sidewalk or public property unless parked on the street in full compliance with the laws of the City.
         2. An unoccupied recreational vehicle parked or stored on private property shall be set back a minimum of 25 feet from the front property line, inside any existing building lines, at least five feet from side and rear property lines, and may not be on any easement or right-of-way. Any unoccupied recreational vehicles parked or stored on private property shall be located on an improved hard surface.
      2. The parking of one commercial car or truck not exceeding seven feet in height nor having more than one and one half ton capacity as specified by the manufacturer, that is used in connection with the occupant's business or livelihood.
      3. The parking of passenger cars owned, leased, or otherwise in the name of the occupants of the dwelling and their visitors.

7. Use of Required Parking.
   1. Generally. Required off-street parking spaces shall be available for operable passenger automobiles of the residents, customers, patrons, and employees of the use to which they relate.
   2. Storage. Storage materials, boats, campers, recreational vehicles, or inoperable vehicles, or overnight parking of trucks or trailers is prohibited in parking areas of multi-family, nonresidential, mixed-used, and public/institutional developments, unless:
      1. Outdoor storage is permitted by these regulations.
      2. The area used for outdoor storage is not counted towards the minimum parking requirements for the use.
      3. The area used for outdoor storage is in conformance with Section 20.1.213, Outdoor Storage.
   3. Outdoor Display of Merchandise. The sale of goods or merchandise is prohibited in parking areas unless in conformance with Section 20.1.214, Outdoor Display of Merchandise.
   4. Prohibition. No area required by the City for the use of private, off-street parking shall be used as a commercial parking lot.
8. Surfacing. All parking areas shall be graded and maintained so that water does not accumulate on such areas nor flow or drain onto abutting public or private property. The surfacing of parking areas shall be as follows:
   1. Paved Parking. Except as otherwise specifically required, all off-street parking and loading spaces together with access and circulation drives, driveways, and parking aisles shall be surfaced or improved with asphalt, concrete, or other such material approved by the Director of Public Works, that will provide an equal protection against potholes, erosion, and dust.
   2. Pervious Pavement. All development with paved parking shall be encouraged to use pervious pavement or pervious pavement systems. From the standpoint of complying with Subsection H.1., above, pervious pavement shall be considered 'paved' if it complies with the following:
      1. The pervious pavement or pervious pavement system shall be designed and certified by a registered engineer or landscape architect to carry a wheel load of 4,000 pounds.
      2. In nonresidential, mixed-use, and public/institutional developments, pervious pavement or pervious pavement systems, except pervious asphalt or pervious concrete, shall not be used for access and circulation drives, driveways, parking aisles, disabled parking spaces, or loading spaces.
      3. Pervious pavement or pervious pavement systems that utilize turf grass shall be limited to overflow parking which is not typically used on a daily or regular basis.
      4. The use of pervious pavement or pervious pavement systems shall not count as landscape area nor allow parking lots to be located anywhere not otherwise permitted by these regulations.
      5. The use of pervious pavement or pervious pavement systems shall be prohibited in areas on a lot used for the dispensing of gasoline or other engine fuels or where hazardous liquids may be absorbed into the soil.
      6. The use of pervious pavement or pervious pavement systems shall be adequately maintained so that the specified level of perviousness continues overtime.
9. Maintenance. Access and circulation drives, driveways, parking aisles, off-street parking and loading spaces, and on-site traffic directional or control devices shall be kept in good condition and parking space lines or pavement markings on improved hard surfaces shall be kept clearly visible and distinct.

Effective on: 1/1/1901

3. Loading Space Design and Markings. Loading spaces shall be designed and constructed as follows.
   1. Location. All loading spaces shall be located on the same lot as the building and / or use to be served. Furthermore, loading spaces shall be designed such that they do not face or are not in direct public view of residential uses or arterial streets.
   2. Dimensions.
      1. Minimum width of loading bay (side to side): 12 feet;
      2. Minimum length of loading bay (front to back):
         1. For semi-trailers: 60 feet;
         2. All other loading spaces: 25 feet;
      3. Minimum vertical clearance: 15 feet.
   3. Use of Rights-of-Way. Where off-street loading are required, at no time shall any part of a truck or van be allowed to extend into a public right-of-way while the truck is being loaded and unloaded.
   4. Design. Off-street loading spaces shall be designed to not conflict with the general circulation patterns on the site, nor interfere with any fire exits or emergency access facilities to either the building or site.
   5. Surfacing. The surfacing of all loading space areas shall be in conformance with Section 20.1.205H., Surfacing.
   6. Buffering. Loading spaces and docks shall be located behind buildings and screened from view from abutting properties and public right-of-way. Truck access and loading areas that are located between a principal building and property that is used for residential purposes shall comply with the following additional standards:
      1. The length of the loading area shall be screened by a bufferyard that has one level more opacity (e.g., from a "Type B" bufferyard to a "Type C" bufferyard) than required by the "use" bufferyard, as set out in Section 20.1.212E, Bufferyards, and shall contain an eight foot tall masonry wall that is designed and constructed with the same primary exterior finish materials of the principal building; or
      2. The loading area is enclosed by a roof and a wall between the building and the property boundary line (i.e., a "loading shed"). The buffer between the loading shed and the property boundary line may be reduced by one level of opacity adjoining the loading shed, and may be the standard "use" bufferyard elsewhere.
4. Exemptions. The loading requirements of this Section may be exempted for good cause shown upon demonstration by the applicant of a proposed use and the nature of its business and operations. However, as determined by the Code Official, or upon request of the City Commission at the behest of the Code Official, it may be required of the applicant to reserve sufficient land for loading space if there is a reasonable likelihood that the use or the nature of the use could change in a manner warranting loading space.

Effective on: 1/1/1901

Effective on: 1/1/1901

Figure 20.1.208A Required Offsets

2. 3. Entryways. Entryways to bays that are larger than 30,000 square feet shall project not less than four feet from the façade. This shall be represented by a change in the wall of the building and not only in a covered entry.

6. Awnings and Canopies. Awnings and canopies, if installed, shall meet the following standards:
   1. Construction. Awnings and canopies shall be attached and integral to the principal structure.
      1. Obstruction. Awnings and canopies shall not obstruct any portion of any window. Transom windows may be located under awnings and canopies.
      2. Support. Canopies shall have columns, beams, and/or brackets of adequate size to give both structural and visible means for support.
      3. Lighting. Backlit or internal illuminated awnings or canopies are prohibited. Acceptable fixtures and methods of illumination include:
         1. Recessed fixtures incorporating a lens cover that is either recessed or flush with the bottom surface (ceiling) of the canopy.
         2. Indirect lighting where light is beamed upward and then reflected down from the underside of the canopy. Indirect lighting fixtures shall be shielded such that direct illumination is focused exclusively on the underside of the canopy.
      4. Clearance. A minimum clearance of eight feet from finished grade to the bottom of the awning/canopy is required and it shall not exceed 16 feet in height.
      5. Freestanding Canopies. Freestanding or semi-freestanding canopies, such as those used as shelters for pump islands and porte-cocheres shall be of similar style, material, color, and lighting as those attached to the principal building.
7. Building Entrances. Each building, regardless of size, must have clearly-defined, highly-visible building entrances that include at least three of the following architectural features:
   1. Canopies, porticos, arcades, or overhangs;
   2. Recesses or projections;
   3. Raised corniced parapets;
   4. Over the door or peaked roof forms;
   5. Arches;
   6. Outdoor patios or plazas;
   7. Display windows;
   8. Obviously differentiating architectural details such as moldings that are integrated into the building structure and design; and/or
   9. Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.
8. Blank Walls. Except where necessary to accommodate the future expansion of a building intended for construction within two years, blank walls are not allowed. No building wall may include an area which is larger than 15 feet tall by 25 feet wide that does not include one or more of the following:
   1. Window(s);
   2. Door(s);
   3. Building wall offset that complies with Subsection E.2., Required Offsets, above;
   4. Sign(s), in accordance with Section 20.1.211, Signs;
   5. Architectural details that relieve the appearance of the blank wall;
   6. A canopy or an arcade. (see Figure 20.1.208B, Illustrative Blank Wall Treatments); or
   7. Vines or other plantings on wall trellises that cover at least 60 percent of the façade elevation.

Figure 20.1.208B Illustrative Blank Wall Treatments

The retail store on the left side of the illustration below has no architectural detailing to relieve the appearance of its blank wall. The retail store on the right side of the illustration below has an arcade, a change of materials and colors, an entry feature, an offset, and display cases, all of which help to provide visual interest and relieve the appearance of a blank wall.

9. Roofing Systems.
   1. Flat Roof Systems. Any material that is permitted by the City's adopted Building Code is allowed on flat roof systems. Green roof systems are permitted and encouraged.
   2. Roofing Materials for Pitched Roof Systems. Roofing materials used on pitched roof systems shall be proven, high-quality, durable materials, including:
      1. Architectural shingles;
      2. Concrete tile;
      3. Slate;
      4. Architectural standing seam metal;
      5. Building integrated solar arrays (solar panels that double as roofing material);
      6. Green roof systems; and
      7. Others as approved by the City Commission.
   3. Prohibited Roofing Materials. Corrugated or ribbed metal and other roofing materials that are not listed in Subsection I.2., above, are prohibited.
10. Mechanical Equipment and Meters. All ground- and roof-mounted equipment and meters shall be screened as set out in Section 20.1.217, Screening of Mechanical Equipment and Meters.
11. Building Materials.
    1. Primary Exterior Finish Materials. A minimum of 80 percent of the front exterior façade and 60 percent of the side and rear exterior façades of all nonresidential, mixed-use, and public/institutional buildings shall be covered with proven, high-quality, durable materials, as set out in the following primary exterior finish materials:
       1. Brick;
       2. Thin brick;
       3. Stone, including cast stone and synthetic stone, provided however, that synthetic stone (e.g., pre-manufactured fiberglass, cultured stone, or glass-fiber reinforced concrete) is identical in appearance and of equal or greater durability to natural stone;
       4. Architectural masonry units in the following styles:
          1. Split face;
          2. Weathered face;
          3. Sandblasted face; or
          4. Ground face.
       5. Portland cement stucco with a weather barrier layer and wall drainage system; and
       6. Glass curtains as set out in Subsection K.3., Limited Exterior Finish Material, below.
    2. Secondary Exterior Finish Materials. The remaining percentages of the exterior façades, as determined by Subsection K.1., Primary Exterior Finish Materials, above, can be covered with the following secondary materials.
       1. Embossed or prefinished architectural metal panel (26+ gauge), which has an appearance of masonry, stucco, or any other appearance that is approved (applicable only buildings with a gross floor area greater than 16,000 square feet);
       2. Exterior Insulation and Finish Systems ("EIFS") provided the following:
          1. Use of a wall drainage system (barrier wall systems are prohibited);
          2. Use of a 20 oz. high-impact mesh below eight feet above ground level;
       3. Fiber cement siding;
       4. Metal panel (26+ gauge), commonly known as R-Panels; and
       5. Smooth-faced, finished concrete masonry units.
    3. Limited Exterior Finish Material. Glass curtains may be only used for building window or door entrance areas, but shall not occupy more than 60 percent of the ground floor façade, nor more than 40 percent of the upper floor façades with the remaining areas complying Subsection K.1., and K.2., above.
    4. Prohibited Exterior Finish Materials.
       1. The use of the following for exterior walls, siding, or cladding is prohibited on all nonresidential, mixed-use, and public/institutional buildings, except industrial buildings, provided that any industrial building that incorporates these materials is located at least 150 feet from an arterial street or highway, or if the building is closer than 150 feet to the street, the elevation upon which the material is applied is not visible from abutting arterial or collector streets:
          1. Prefabricated metal wall panels;
          2. Corrugated metal;
          3. Smooth-faced, unfinished concrete blocks; and
          4. Vinyl, composite, or metal siding.
       2. The use of the following for exterior walls, siding, or cladding is prohibited for all uses:
          1. Plywood; and
          2. Plastic.
    5. Approval of Other Exterior Finish Materials. Other building materials may be used as primary or secondary exterior finish materials if it is demonstrated that they have comparable durability, impact resistance, and aesthetic quality as the materials provided by this Section, and:
       1. They are part of a building that is designed to achieve a Leadership in Energy and Environmental Design ("LEED^®") certification, and the materials qualify for LEED points under both the "energy and atmosphere criteria" and the "materials and resources criteria" of the LEED checklists (e.g., U.S. Green Building Council or "USGBC"); or
       2. They are part of a building that is EPA certified as designed to earn the ENERGY STAR, and the materials substantially improve the energy efficiency of the building compared to materials that are permitted above; or
       3. They are pre-approved for use by the City Commission.

Effective on: 1/1/1901

Figure 20.1.209 Illustrative Application of Building Design Standards

Allowed

Not Allowed

4. 2. Building Scale.
      1. Any portion of a building that is closer than 50 feet from a property line that abuts a residential use shall be no higher than 12 feet above the highest point of the closest residential structure. This does not apply if the residential structure is located across street right-of-way from the parcel proposed for development or if it is within the same development proposal (e.g., a mixed-use development).
      2. The apparent exterior floor-to-floor height of each story of a building shall be limited to 12 feet. Individual floors shall be delineated on the building façade through the use of window placement and horizontal details. Interior floor-to-floor heights may exceed 12 feet.
      3. There shall be not more than 10 dwelling units per building and no dwelling unit structure shall exceed 200 feet in length and not more than 7,000 square feet per floor.

4. Garages. When visible from street right-of-way, garages shall be located on the side or behind the rear façades of the multi-family buildings. Alternatively, a Type C bufferyard shall be provided between the garage building(s) and street right-of-way. The materials, building design, and roof type of garages shall be compatible with the multi-family buildings.
5. Lighting. All lighting for multi-family developments shall adhere to the requirements and restrictions set out in Section 20.1.210, Outdoor Lighting, or as otherwise required by the City. In addition, all multi-family developments shall provide streetlights (evenly spaced along street right-of-way with a maximum spacing of 100 feet on-center, or as otherwise approved by the Director of Public Works, and ready to connect to the City's streetlight system), parking lot lighting (not to exceed 15 feet in height and placed uniformly so as to provide adequate lighting across all parking surfaces), pedestrian lighting (for all high-volume pedestrian areas including building entries; along sidewalks, walkways, or paths; and around common open spaces), and indirect building lighting (located no closer than 10 feet from all buildings and designed and installed in a manner so as not to cause glow or glare in the windows of individual dwelling units).
6. Pedestrian Facilities and Amenities.
   1. Walkways with a minimum width of five feet shall directly connect each front door or front entrance with surrounding sidewalks, walkways, or paths.
   2. All buildings shall provide a minimum 10 foot landscaped pedestrian zone between the building and parking area. The pedestrian zone shall contain walkways and landscape planting areas, plazas, and/or gardens. These areas shall also be protected from vehicular traffic by curbs, fencing, walls, wood posts, concrete bollards, or other barriers.
   3. In conjunction with each pedestrian zone and for each 10 dwelling units, or portion thereof, there shall be one bench or picnic table and one trash receptacle accessible by a sidewalk, walkway, or path that is located no more than 25 feet from a building entrance. Benches, tables, and trash receptacles shall be anchored to the ground. Each shall be constructed of a non-corrosive, weather-resistant material, excluding wood.
   4. All crossings of internal streets, access drives, and driveways shall have well-defined pavement markings and pedestrian crossing signs.
   5. Covered sidewalks or walkways that are part of or adjacent to a building may be used for outdoor seating and dining or as terraces and arcades, provided a minimum passable width of four feet.
7. Mechanical Equipment and Meters. All ground- and roof-mounted equipment and meters shall be screened as set out in Section 20.1.216, Screening of Mechanical Equipment and Meters.
8. Roofing Systems.
   1. Flat Roof Systems. Any material that is permitted by the City's adopted Building Code is allowed on flat roof systems. Green roof systems are permitted and encouraged.
   2. Roofing Materials for Pitched Roof Systems. Roofing materials used on pitched roof systems shall be proven, high-quality, durable materials, including:
      1. Architectural shingles;
      2. Concrete tile;
      3. Slate;
      4. Building integrated solar arrays (solar panels that double as roofing material); and
      5. Green roof systems.
   3. Prohibited Roofing Materials. Corrugated or ribbed metal and other roofing materials that are not listed in Subsection I.2., above, are prohibited.
   4. Projections. Roofs shall contain at least one projection for every 100 linear feet of building frontage. Roof projections may include cupolas, dormers, balustrade walks, chimneys, or gables.
9. Building Materials.
   1. Generally.
      1. Heavy masonry materials shall extend to grade and be located below lighter materials (e.g., stucco or cement siding).
      2. A vertical change of materials shall occur at an interior corner or shall occur at an exterior corner or within four feet of an exterior corner. Horizontal changes of material from brick or stone to another material shall include a stone cap or a brick sill. Horizontal changes of materials using a stone cap or brick sill shall not have the cap or brick sill interrupted by window or door openings. In all other cases, the material above the brick or stone shall extend over the top edge of the masonry with trim or siding.
      3. Masonry openings in a brick or stone façade shall have a stone lintel, a stone or brick arch, or a brick soldier course.
      4. All exposed bricks shall not be laid in a stack bond pattern. All joints shall be tooled. Brick panel veneer systems are permitted.
      5. The maximum allowable exposure of lap siding is eight inches.
   2. Primary Exterior Finish Materials. All building facades shall be constructed of a minimum of 60 percent of primary exterior finish materials.
      1. Brick, including thin brick;
      2. Stone, including cast stone and synthetic stone, provided however, that synthetic stone (e.g., pre-manufactured fiberglass, cultured stone, or glass-fiber reinforced concrete) is identical in appearance and of equal or greater durability to natural stone;
      3. Portland cement stucco with a weather barrier layer and wall drainage system; or
      4. Architectural masonry units in the following styles:
         1. Split face;
         2. Weathered face;
         3. Sandblasted face; or
         4. Ground face.
   3. Secondary Exterior Finish Materials. The remainder of building elevation(s) may be constructed of the following secondary exterior finish building materials:
      1. Exterior Insulation and Finish Systems ("EIFS") provided the following:
         1. Use of a wall drainage system (barrier wall systems are prohibited);
         2. Use of a 20 oz. high-impact mesh below eight feet above ground level;
      2. Fiber cement siding;
      3. Stucco panel; or
      4. Wood materials, or combination thereof.
   4. Prohibited Exterior Finish Materials. The following building materials are prohibited on all multi-family buildings:
      1. Prefabricated metal wall panels;
      2. Corrugated or ribbed metal panels;
      3. Smooth-faced or un-textured, unfinished concrete blocks;
      4. Plywood;
      5. Plastic;
      6. Wood fiberboard;
      7. Under-fired or unfired clay, sand, or shale rock; and
      8. Painted brick, concrete masonry units, and cementitious stucco.
   5. Approval of Other Exterior Finish Materials. Other building materials may be used as primary or secondary exterior finish materials if it is demonstrated that they have comparable durability, impact resistance, and aesthetic quality as the materials provided by this Section, and:
      1. They are part of a building that is designed to achieve a Leadership in Energy and Environmental Design ("LEED^®") certification, and the materials qualify for LEED points under both the "energy and atmosphere criteria" and the "materials and resources criteria" of the LEED checklists (e.g., U.S. Green Building Council or "USGBC"); or
      2. They are part of a building that is EPA certified as designed to earn the ENERGY STAR, and the materials substantially improve the energy efficiency of the building compared to materials that are permitted above; or
      3. They are pre-approved for use by the City Commission.

Effective on: 1/1/1901

Figure 20.1.210 Types of Light Fixtures

3. Cut-off Requirements.
   1. Except as otherwise allowed for in this Section, all lighting (including, but not limited to street, parking lot, security, walkway, and building) shall conform with the Illuminating Engineering Society of North America ("IES") criteria for full cut-off fixtures, which is 100 percent of light output below 90 degrees, and 90 percent of light output below 80 degrees from a vertical line through the fixture.
   2. Lighting fixtures that illuminate landscape plantings, pedestrian walkways, signage, or product display areas shall also conform to the full cut-off fixture requirement.
   3. All lighting fixtures that are mounted within 15 feet of a residential property line or public right-of-way boundary shall be classified as IES Type III or Type F (asymmetric forward throw). These fixtures shall be fitted with a "house side shielding" reflector on the side facing the residential property line or public right-of-way.
   4. Light fixtures used to illuminate flags, statues, or any other objects mounted on a pole, pedestal, or platform shall use a narrow cone beam of light that will not extend beyond the illuminated object.
   5. For upward-directed architectural, landscape, and decorative lighting, direct light emissions shall not be visible above the primary building roofline.
4. Maximum Freestanding Fixture Height. No freestanding light fixture shall be greater than 25 feet in height.
5. Maximum Illumination.
   1. Outdoor lighting shall be deflected, shaded, and focused away from abutting properties and shall not be a nuisance to such abutting properties.
   2. Outdoor lighting shall be designed so that any overspill of lighting onto abutting properties shall not exceed three-tenths foot-candles, measured vertically, and three-tenths foot-candles, measured horizontally, on abutting properties.
   3. The ground-level luminance ratio (the ratio between the luminance of the brightest point on the property and the darkest point on the property) shall not exceed 12 to one.
   4. If additional light is necessary, it shall be provided within an enclosed structure.
6. Canopy Lighting. Canopy lighting for uses that have sheltered outside work or service areas, such as gas stations, shall meet the standards of this Section. All light fixtures shall be recessed into the canopy so that they cannot be viewed off-site from an eye height of four feet (to protect automobile drivers from glare).
7. Outside Wall-Mounted Lighting. Outside wall-mounted lighting shall also comply with the standards of this Section, except that lighting that is required by the Federal Aviation Administration ("FAA") shall comply with federal standards.
8. Prohibited Lighting.
   1. Generally. No outdoor lighting may be used in any manner that is likely to interfere with the safe movement of motor vehicles on public thoroughfares.
   2. Prohibitions. The following are prohibited:
      1. Any fixed light not designed for roadway illumination that produces incident or reflected light that could impair the operator of a motor vehicle;
      2. The installation, use, or maintenance of beacons or searchlights; and
      3. Exposed strip lighting or neon tubing used to illuminate building façades or outline buildings or windows or flickering or flashing lights installed in like fashion, except for temporary decorative seasonal lighting.
9. Exterior Lighting Plan. An exterior lighting plan is required for all nonresidential, mixed-use, public/institutional, and multi-family development, redevelopment, and major expansions and shall include the following:
   1. Lighting Plan. A lighting plan that:
      1. Shows the location and mounting height above grade of light fixtures including building mounted fixtures;
      2. Shows the location of all buildings, parking spaces, parking aisles, walkways and if applicable any areas dedicated to the outdoor storage or display areas on the lot or parcel; and
      3. Denotes the type of each light fixture, keyed to a light fixture schedule and picture, cutsheets or line drawings of the proposed light fixtures.
   2. Light Fixture Schedule. A light fixture schedule indicating fixture type keyed to the plan, the quantity and type of lamp to be used in each fixture along with the rated lumen output of the lamp, the shielding category in which the light fixture belongs (unshielded, shielded, fully shielded, or full cut-off), and a description of the fixture.
   3. Cutsheets. Cutsheets, pictures or line drawings of each light fixture keyed to the lighting plan.
   4. Photometric Plan. A photometric plan showing initial horizontal illuminance (maintenance factor = 1.0) calculated at grade using a grid of points no more than 10 feet apart and covering the entire site (excluding buildings) and extending a minimum of 10 feet beyond the lot or parcel property line. The maximum and minimum illuminance values within each specific use area (i.e., outdoor storage or display of merchandise, parking areas, walkways, etc.) shall be clearly distinguished. Statistics for uniformity for each specific use area shall be included on the plan. Photometric plans for sites with existing pole mounted lighting within 50 feet of the property line shall include this existing lighting in the calculation. When photometric data for the existing fixtures is not available photometry for a similar fixture may be used. The fixture(s) used to represent existing lighting shall be included on the lighting fixture schedule and designated as existing.

Effective on: 1/1/1901

Effective on: 1/1/1901

5. 2. Use Bufferyards. Set out in Table 20.1.212B, Use Bufferyards, are the required bufferyards between properties (delineated by types of uses) that are not separated by a public or private street. Landscaping along property lines that are bordered by a public or private street are subject to the landscaping requirements set out in Subsection F., Development Landscaping, of this Section. The rows show the use of the parcel proposed for development and columns show the use of the abutting land. Two letters are shown for each condition. The bufferyard required for the parcel proposed for development is listed first. The letter listed second is the buffer that is or may be required on the abutting property when it is developed, redeveloped, or substantially improved in the future. Where "-" is found there is no use bufferyard required.

5. 3. Existing Abutting Development without Bufferyards. Where the abutting property is an existing single-family detached, duplex, or other single-family attached residential property or existing development that does not have the required use boundary bufferyard, the proposed mixed-use, nonresidential, multi-family, or public/institutional development shall provide a bufferyard of the next higher classification (e.g., if the requirement is a Type B bufferyard, then the screening of the parcel proposed for development shall be a Type C bufferyard).

6. Development Landscaping. In addition to the buffering requirements set out in Subsection E., above, all nonresidential, mixed-use, multi-family, and public/institutional uses shall be landscaped per the requirements set out in Subsection F. 1., Parking Lot Landscaping, and Subsection F.2., Site Landscaping, of this Section.
   1. Parking Lot Landscaping. Parking lot landscaping is required within and around nonresidential, mixed-use, and multi-family parking lots that contain more than five parking spaces. This subsection does not apply to single-family detached or single-family attached uses. Required parking lot planting requirements are set out in Table 20.1.212C, Parking Lot Planting Requirements, and illustrated in Figure 20.1.212A, Parking Lot Landscape Areas.

Figure 20.1.212A Parking Lot Landscape Areas

Figure 20.1.212B Large Parking Row Reduced Interior Islands

6. 2. Site Landscaping.
      1. Planting Location. All areas not designated as bufferyards, parking lot landscaping, or required for pedestrian and vehicular access to the building (e.g., sidewalks, parking spaces, loading spaces, service areas, and drive-in or drive-through facilities on the side of the building with a service window) shall be, at minimum, landscaped meeting the requirements of this subsection.
      2. Planting Requirements. The required planting area shall be planted as follows:
         1. Front Yard and Street Side Yard.
            1. Trees: One large tree, or three small trees group or planted with irregular spacing, shall be planted within the front and street side planting areas for each 30 linear feet of frontage measured parallel to the building, or portion thereof;
            2. Shrubs: Five shrubs shall be planted within the front and street side planting areas for each 30 linear feet of frontage measured parallel to the building, or portion thereof. The shrubs may be planting in a continuous line or in groupings. Ornamental grasses may be used to meet up to 25 percent of the shrubbery requirement;
            3. Groundcover: All remaining ground surface not covered by Subsection F.2.b.1.a. and F.2.b.1.b., above, shall be groundcover, which shall include sod, ornamental grasses, mulch, or perennial or seasonal plantings; and

            4. Exception: In lieu of the required groundcover and shrubbery, wet ponds with fountains, vegetated rain gardens, naturalized wetlands and/or xeriscape gardens may be used and approved during the review of the site plan.

         2. Interior Side Yard.
            1. Trees: One large tree, or two small trees, shall be planted with a maximum spacing of 20 feet between the primary tree trunk or from the center of the root ball, as applicable, along the entire length of the side; and
            2. Shrubs: Shrubs shall be planted as set out in Subsection F.2.b.1.a., above; and
            3. Groundcover: All remaining ground surface not covered by Subsection F.2.b.1.a. and F.2.b.1.b., above, shall be groundcover, which shall include sod, ornamental grasses, mulch, or perennial or seasonal plantings.
         3. Rear Yard. One large tree, or two small trees, shall be planted for each 30 linear feet of distance measured parallel to the building. All other areas shall be covered in groundcover, which may include sod, ornamental grasses, mulch, or perennial or seasonal plantings.

7. Tree Preservation. The mature tree canopy within the City limits has been identified by the City Commission as something that needs to be protected within the City limits and extraterritorial jurisdiction in order to protect the City's remaining natural resources and to improve overall health and quality of life and economic competitiveness, while accommodating the ensuing growth and development. As such, Ord. No. 2005-22, Tree Removal, is included by way of reference.
8. Site Plans.
   1. Landscape Plan Required. Compliance with the standards of this Section shall be demonstrated by schematic landscape and irrigation plan.
   2. Landscape Architect Required. Landscape plans for nonresidential, mixed-use, multi-family, and public/institutional development shall be prepared by a registered landscape architect who is licensed to practice in the State of Texas.
   3. Contents of Schematic Landscape Plan. The landscape plan shall include the elements that are set out in this Section. The City's professional reviewer may waive elements of the landscape plan if it is found that they are unnecessary due to the type of development approval sought, or the conditions of the site being developed, or both. The City's professional reviewer is authorized to require additional information on the landscape plan as needed to administer the requirements of these regulations. The schematic landscape plan shall include all of the following information:
      1. Plan Drawing. A plan view, drawn to scale, that shows:
         1. The location and species of each plant, showing the anticipated canopy or spread of the plant five years after installation;
         2. The general layout of irrigation systems;
         3. The location of existing landscaping for which credit is requested, including the diameter at breast height measurements of large trees; and
         4. The location of property lines; building footprints, utility easements, and power lines.
      2. Tabular Information. Tabular information that shows, for each landscape area required by this Section:
         1. The surface area available for planting;
         2. The number of large trees, evergreen trees, small trees, and shrubs, perennials, or ornamental grasses that are required in each area; and
         3. The number of, and species of, large trees, evergreen trees, small trees, and shrubs, perennials, or ornamental grasses that are provided in each area (if any conversions from one classification of plant to another are applied, the conversions shall also be shown).
   4. Approval and Timing of Approval.
      1. Plans meeting the standards of these regulations shall be approved. However, in reviewing the plans, adjustments in the location of plants may be required where the City finds such alterations would better serve the purposes for which they are intended.
      2. Landscape plans containing street trees, open spaces, and residential bufferyards shall be submitted for approval at the development plat or preliminary plat application stage, whichever is applicable.
      3. Landscape plans containing development landscaping; nonresidential, mixed-use, public/institutional, or multi-family bufferyards; shall be submitted for approval during the development plat or site plan review process (whichever is applicable), which is prior to the building permit stage.
9. Size and Quantity Requirements.
   1. All plant materials shall be of good quality, container grown or balled and burlapped in accordance with the most current edition of the American Standard for Nursery Stock.
   2. Large trees shall be at least 2.5 inches caliper.
   3. Small trees shall be at least two inches caliper.
   4. Evergreen trees shall be six feet tall at the time of planting.
   5. Shrubs shall be in five gallon containers at planting.
10. Maintenance.
    1. Maintenance of the landscape areas and plantings required by this Section shall be maintained and all plant materials that die shall be the responsibility of the owner/operator to ensure replacement.
    2. The City may inspect each site periodically after approval of a development plat or issuance of the certificate of occupancy to ensure compliance with the Section.

Effective on: 1/1/1901

Effective on: 1/1/1901

3. Sidewalk Displays. Displays are permitted on sidewalks that abut the principal building if it is demonstrated that:
   1. Merchandise is displayed to a height of six feet or less;
   2. There is at least four feet of clear width on the sidewalk for use by pedestrian traffic;
   3. Merchandise is displayed only during normal business hours; and
   4. All sidewalk merchandise displays are within 30 feet of an entrance to the principal use, or located in the area defined by the forward projection of the side walls of the use, whichever is a smaller display area.
4. Motor Vehicle, Recreational Vehicle, and Heavy Equipment Rentals, Lease and Sales.
   1. For motor vehicle, recreational vehicle, and/or heavy equipment rental, lease, and sales uses, outdoor display of merchandise can only be displayed on improved hard surface areas of the parcel proposed for development and cannot encroach on any area that is designated for landscape areas or rights-of-way.
   2. The outdoor display of heavy equipment may be on crushed stone, gravel, or another surface approved by the City Manager provided that all driveways and customer parking areas are on an improved hard surface.
   3. Such merchandise shall not occupy or obstruct required parking spaces or loading spaces, but shall be setback behind the parking setback line and shall be screened with landscaping for 75 percent of the linear frontage (as if they were parking spaces) for any outdoor merchandise that is visible from the public right-of-way.
   4. Only one motor vehicle, recreational vehicle, and/or piece of heavy equipment may be raised, to a height not to exceed 15 feet from the average grade of the display area, on a platform, berm, structure, or raised by other means, to display said merchandise for greater visibility. This may be located anywhere within the outdoor display area, or in the front landscape strip; provided however, no raised portion shall be located closer to any rights-of-way than 10 feet.

Effective on: 1/1/1901

Figure 20.1.215 Fence Orientation
Fence Orientation Allowed
Fence Orientation Not Allowed

3. Agricultural Uses. Exempt.
4. Residential Uses.
   1. Height. No fence or wall shall exceed the following heights:
      1. Front yard: 42 inches.
      2. Interior side yard (behind the front building line) and rear yard: six feet.
      3. Street side yard: 42 inches to the front building line and then tapering up to six feet to the rear building line.
      4. In an interior side yard or rear yard abutting a nonresidential, mixed-use, or public/institutional use: eight feet.
      5. In a rear yard abutting an arterial or collector street: six feet.
   2. Setbacks. Fences or walls shall be setback from:
      1. Streets:
         1. Generally: five feet.
         2. At intersections of street rights-of-way: 20 feet.
      2. Alleys: three feet.
      3. Sidewalks: two feet.
5. Nonresidential, Mixed-Use, and Public/Institutional Uses.
   1. Height. No fence or wall shall exceed the following heights:
      1. Front and street side yards:
         1. Industrial uses: Six feet.
         2. All other nonresidential uses: Not permitted in front yards; 42 inches in street side yards.
      2. Side and rear yards:
         1. Industrial uses: Eight feet.
         2. All other nonresidential uses:
            1. Generally: Six feet.
            2. Side or rear yard abutting an industrial use: Eight feet.
   2. Setbacks. Fences or walls shall be setback from:
      1. Sidewalks: Six inches.
      2. Intersection of street lot lines: 20 feet.
      3. Alleys: Three feet.
   3. Materials. In addition to the minimum material requirements set out in Subsection E.4., below, fences for nonresidential, mixed-use, and public/institutional uses shall comply with the following additional provisions:
      1. Barbed wire cradles facing inward toward the property may be placed on top of fences enclosing public utility buildings or wherever the Code Official finds that such are necessary to address security interest.
      2. Chain link fences shall be coated with vinyl or other durable non-metallic coating, and are permitted:
         1. Industrial uses. In any yard that is not visible from collector or arterial street, or highway, rights-of-way or existing abutting non-industrial use; and
         2. All other nonresidential, mixed-use, and public/institutional uses. Only in interior side and rear yards that are not also street yards.
      3. The use or placement of slats in chain link fences is permitted only in interior side and rear yards that are not also street yards. This does not apply to outdoor storage yards, which is subject to the standards set out in Section 20.1.213, Outdoor Storage.

Effective on: 1/1/1901

Figure 20.1.216 Solid Waste and/or Recycling Enclosure

Effective on: 1/1/1901

Effective on: 1/1/1901

1. 3. Additional Escrow Funds. The City Manager may require additional escrow funds to be paid for additional services related to the application, should they become necessary. If a balance is due at the time an application is approved, it shall be paid by the applicant as a condition of approval.
   4. Use of Escrow Payment. The City may draw upon the escrow to pay the fees and expenses of professional consultants retained by the City to review the application.
   5. Return of Escrow Funds. Escrow funds shall be returned to the applicant as follows:
      1. If the City Manager decides not to use consultants, then escrow funds shall be returned to the applicant within 30 days of the decision.
      2. If the applicant withdraws the application, then the City Manager shall notify the consultants to stop work within 24 hours of the withdrawal. The City Manager shall then return the escrow to the applicant, less the amount required to pay the consultant for work actually performed.
      3. When the application is decided, any positive escrow balance shall be returned to the applicant within 30 days.
   6. Account Reports. Applicants shall be provided with a monthly accounting of the escrow from the City upon request.
   7. Fixed-Fee Consultant Review. The City Manager is authorized to establish:
      1. A roster of consultants that are pre-qualified to conduct reviews of various types; and
      2. For routine application types with predictable review fees, a schedule of fixed-fees.
   8. Escrow Fee Variance. The City Commission may authorize an escrow fee variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In authorizing an escrow fee variance, the City Commission shall prescribe conditions that it deems necessary or desirable to the public interest. In making the finding required by this subsection, the City Commission shall take into account the nature of the proposed use of the land involved and existing uses of the land in the vicinity, and the probable effect of such variances upon traffic conditions, public health, safety, and welfare of citizens. No variance shall be granted unless:
      1. There are circumstances or conditions affecting the land involved such that strict application of this Section would deprive the applicant of reasonable use of his land;
      2. The granting of the escrow fee variance will not be detrimental to the public health, safety, welfare, or injurious to the other property in the area; and
      3. The granting of the escrow fee variance will not have the effect of preventing orderly development of the land in the area in accordance with the provisions these regulations.

4. Determination of Use.
   1. Generally. The provisions of these regulations classify all primary uses as residential, nonresidential, mixed-use, public/institutional, and in some cases, subcategories of said uses (e.g., retail, industrial, etc.). If there is a question as to the correct classification of which use is applicable to that of the proposed use of a parcel proposed for development, that determination shall be made by the City Manager.
   2. If Not Authorized Then Prohibited. If the City Manager determines that a proposed use is not a primary use, or a subcategory of, or functionally similar to, a primary use, then the use is a prohibited use.
   3. Decision Criteria. The following decision criteria shall be evaluated when the City Manager, or at the City Manager's discretion, the City's professional reviewer, decides whether a proposed use is a primary use, or a subcategory of, or is functionally comparable to, a primary use:
      1. Parking demand;
      2. Average daily and peak hour trip generation (cars and trucks);
      3. Impervious surface;
      4. Regulated air or water emissions;
      5. Noise;
      6. Lighting;
      7. Dust;
      8. Odors;
      9. Solid waste generation;
      10. Potentially hazardous conditions, such as projectiles leaving the site;
      11. Use and storage of hazardous materials;
      12. Character of buildings and structures;
      13. Nature and impacts of operation; and
      14. Hours of operation.
5. Lapsed Applications. Applications for development approval must be diligently pursued by the applicant. Accordingly, this Subsection extinguishes applications that become stale due to inaction by the applicant.
   1. Expiration of Stale Applications.
      1. When an action by the applicant is required for further processing of an application (e.g., submittal of supplementary documentation), the application shall become void six months after the date that the action is requested if:
         1. The applicant fails to take action; or
         2. The applicant fails to request an extension of time pursuant to Subsection E.2., Extension of Time, below.
      2. When an action by the applicant is required for further processing of a development plat, subdivision plat and/or site plan, the application shall become void 30 days from receipt of the application if the application has remained dormant during that period where no activity has occurred toward the completion of the application where changes or corrections are required or where instruments or documents requested or required is not forthcoming within that period from the property owner or authorized agent.
      3. No refunds of application fees will be issued to applicants whose applications expire pursuant to this Subsection.
   2. Extension of Time. The time for expiration of an application may be extended by up to six additional months upon written request of the applicant before the end of the period set out in Subsection E.1., Expiration of Stale Applications, above.
   3. Effect of Expiration. Applications that expire pursuant to this Section shall automatically become null and void, closed, and discarded without further notice or activity by the City. Any application proposal for a lot, parcel, or tract, regardless of the commonality with an expired application, will be treated as a new application, subject to requirements in effect at the time of the most recent submittal, and with new fees.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Map of City Limits, ETJ, and WFBMD Overlay District

Effective on: 1/1/1901