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Richmond City Zoning Code

CHAPTER 5

Buildings and Structures

Sec. 5.1.101 Single-Family Detached and Attached Design Standards
  • Generally. The placement of a principal building in a perpendicular or sideways orientation on an interior lot or through lot is prohibited (see Figure 5.1.101, Building Placement).
  • Standards.
    1. All single-family detached and single-family attached residences shall be designed such that a primary entrance and windows face the street right-of-way, unless the principal building is not visible from the public rights-of-way.
    2. There shall be a maximum of one principal building per single- and duplex residential lot, subject to the provisions of Section 5.2.103, Accessory Dwelling Units, as applicable.
    3. Where single-family detached or attached units are designed to face upon a common open space, the common open space shall be at least 40 feet wide and not more than 200 feet long, measured from the private or public street upon which the common open space must take access. Such common open spaces shall not include vehicular drives or driveways in front of the dwelling units.
  • Figure 5.1.101
    Building Placement
    Illustrative Front Door Building Placement

    Effective on: 1/1/1901

    Sec. 5.1.102 Multi-Family Design Standards
  • A.
    Generally. The City Commission has established that the orderly development and construction of multi-family housing is both a continuing primary concern and necessity within the City limits and extraterritorial jurisdiction (ETJ), therefore all multi-family parcels proposed for development shall meet the standards of this Section, unless they are located in vertically mixed-use buildings in which case they are subject to this Section and the design standards of Division 5.1.200, Nonresidential and Mixed-Use Design Standards.
  • B.
    360-Degree Architecture. The architectural features and articulation of the front façade shall be continued on all sides.
  • C.
    Building Design.
    1. 1.
      Minimum Design Standards.
      1. a.
        A multi-family building containing more than four dwelling units shall be designed to break up a rectangular floor plan and avoid a box-like or monolithic appearance (see Figure 5.1.102, Illustrative Application of Building Design Standards).
      2. b.
        At least three of the following techniques, or any technique that would produce a comparable effect, may be used to avoid the appearance of a box-like or monolithic building:
        1. 1.
          Varying roof lines;
        2. 2.
          Changes in wall planes of at least five feet at intervals of not more than 50 feet;
        3. 3.
          The use of dormers, bay windows, or other windows that create dimension that break up the façade;
        4. 4.
          Balconies that are used irregularly, some projecting, some recessed;
        5. 5.
          Primary entrance treatments that are recessed or project from the main façade; and
        6. 6.
          Changes in floor plans that create rooms with corner windows.
      3. c.
        Stairs that provide primary access to units on upper floors shall be only accessible from the interior of the building.
      4. d.
        Awnings, where installed, shall be constructed with fabric or metal coverings. Plastic coverings are prohibited.
      5. e.
        Elements such as eaves, rakes, cornice lines, or frieze boards shall be used to contribute to the visual interest of the building.
      6. f.
        Columns, cornices, and similar elements shall be natural or simulated natural elements such as wood, composite material, architectural metal, or stone.
      7. g.
        Balcony and railing materials may be different than the materials used on exterior walls.
      8. h.
        Foundations that have more than two feet of exposure shall be faced with brick or stone veneer. Exposed cinder block and concrete are prohibited.
  • D.
    Building Scale.
    1. 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 20 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. 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.
  • E.
    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.
  • F.
    Lighting. All lighting for multi-family developments shall adhere to the requirements and restrictions set out in Division 4.2.300, 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).
  • G.
    Pedestrian Facilities and Amenities.
    1. 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. 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. 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. 4.
      All crossings of internal streets, access drives, and driveways shall have well-defined pavement markings and pedestrian crossing signs.
    5. 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.
  • H.
    Mechanical Equipment and Meters. All ground- and roof-mounted equipment and meters shall be screened as set out in Section 5.1.202, Mechanical Equipment and Meters.
  • I.
    Roofing Systems.
    1. 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. 2.
      Roofing Materials for Pitched Roof Systems. Roofing materials used on pitched roof systems shall be proven, high-quality, durable materials, including:
      1. a.
        Architectural shingles;
      2. b.
        Concrete tile;
      3. c.
        Slate;
      4. d.
        Standing seam metal;
      5. e.
        Building integrated solar arrays (solar panels that double as roofing material); and
      6. f.
        Green roof systems.
    3. 3.
      Prohibited Roofing Materials. Corrugated or ribbed metal and other roofing materials that are not listed in Subsection I.2., above, are prohibited.
    4. 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.
  • J.
    Building Materials.
    1. 1.
      Generally.
      1. a.
        Heavy masonry materials shall extend to grade and be located below lighter materials (e.g., stucco or cement siding).
      2. b.
        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. c.
        Masonry openings in a brick or stone façade shall have a stone lintel, a stone or brick arch, or a brick soldier course.
      4. d.
        All exposed bricks shall not be laid in a stack bond pattern. All joints shall be tooled. Brick panel veneer systems are permitted.
      5. e.
        The maximum allowable exposure of lap siding is eight inches.
    2. 2.
      Primary Exterior Finish Materials. All building facades shall be constructed of a minimum of 60 percent of primary exterior finish materials.
      1. a.
        Brick, including thin brick;
      2. b.
        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. c.
        Portland cement stucco with a weather barrier layer and wall drainage system; or
      4. d.
        Architectural masonry units in the following styles:
        1. 1.
          Split face;
        2. 2.
          Weathered face;
        3. 3.
          Sandblasted face; or
        4. 4.
          Ground face.
    3. 3.
      Secondary Exterior Finish Materials. The remainder of building elevation(s) may be constructed of the following secondary exterior finish building materials:
      1. a.
        Exterior Insulation and Finish Systems ("EIFS") provided the following:
        1. 1.
          Use of a wall drainage system (barrier wall systems are prohibited);
        2. 2.
          Use of a 20 oz. high-impact mesh below eight feet above ground level;
      2. b.
        Fiber cement siding;
      3. c.
        Stucco panel; or
      4. d.
        Wood materials, or combination thereof.
    4. 4.
      Prohibited Exterior Finish Materials. The following building materials are prohibited on all multi-family buildings:
      1. a.
        Prefabricated metal wall panels;
      2. b.
        Corrugated or ribbed metal panels;
      3. c.
        Smooth-faced or un-textured, unfinished concrete blocks;
      4. d.
        Plywood;
      5. e.
        Plastic;
      6. f.
        Wood fiberboard;
      7. g.
        Under-fired or unfired clay, sand, or shale rock; and
      8. h.
        Painted brick, concrete masonry units, and cementitious stucco.
    5. 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. a.
        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. b.
        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. c.
        They are pre-approved for use by the City Commission.
  • (Ord. No. 2024-21, 12/16/2024) 

    Effective on: 12/16/2024

    Sec. 5.1.103 Manufactured Home Standards
  • Generally. The City Commission has determined that there shall be a prohibition of new manufactured homes and mobile homes on lots outside of designated manufactured home parks or subdivisions within the City limits and the extraterritorial jurisdiction (ETJ). As such, Ord. No. 2011-10, Manufactured Home Ordinances, is included by way of reference with the exception of Article XIV, Recreational Vehicles, where new recreational vehicle parks are instead, subject to the standards set out in Section 20.1.204, Recreational Vehicle Parks, of these regulations.
  • Moving or Replacement. Any manufactured home legally located on a site and occupied as a residential dwelling in the City prior to the passage of this UDC shall be allowed to remain on the site that it is currently located on, but shall not be moved to another site or replaced with another manufactured home under any circumstance, except according to the provisions in Section 6.3.408, Manufactured Home Hardship Permit.
  • Use and Occupancy.
    1. Use and occupancy is limited to single-family residential only.
    2. Manufactured housing is habitable only if there is no defect or deterioration in or damage to the home that creates a dangerous situation; the plumbing, heating, and electrical systems are in safe working order; the walls, floors, and roof are free from a substantial opening that was not designed, are structurally sound, and all exterior doors and windows are in place and operate properly.
    3. Alterations and additions shall not be made to manufactured homes, which are not approved by HUD, and/or TDHCA Standards/Rules and no person shall repair or otherwise alter a used manufactured home or replace a component or system of a used manufactured home in a way that makes the home not habitable.
    4. All manufactured housing must have adequate tie downs and properly maintained as required by federal or state statute, and regulations pertaining to manufactured housing.
    5. Maintain safe and sanitary utility connections.
    6. A building permit application along with plan submittal is required for all structures to be constructed or placed in conjunction with a manufactured home.
    7. Each manufactured home shall have the correct address displayed on the street side of the manufactured home where it can be easily and clearly seen from the center of the street.
    8. Approved smoke alarms shall be installed inside each bedroom and outside each sleeping area and approved carbon monoxide alarm(s) shall be installed outside each sleeping area.
  • Laundry and Maintenance Buildings. Laundry and maintenance buildings (for use by residents only) may be included in the site design.
  • Office. Each manufactured home park shall have a central office building for park management operations. Such office building may include a separate area that meets the requirements for single-family dwelling to accommodate the park manager. The office building may be combined with the required community/activity center. Parking areas shall be provided in accordance with Section 4.2.101, Required Parking Spaces.
  • Community/Activity Center. Each manufactured home park shall be provided with a community/activity center of at least 1,000 square feet is size. This center may be combined with the required office building. Parking areas shall be provided in accordance with Section 4.2.101, Required Parking Spaces. The center shall also serve as an emergency shelter for park residents.
  • Skirting. All manufactured homes shall be skirted with material and color that matches the exterior of the manufactured home and approved by the City within 30 days after being placed.
  • Accessory Structures and Buildings. Requirements for accessory structures and buildings located in a manufactured home park or subdivision is set out in Section 5.2.102, Accessory Buildings and Structures. A building permit application is required for all accessory structures and buildings. Additional requirements shall include the following:
    1. Manufactured homes can include connections or attachments for canvas or metal awnings.
    2. Electrical circuits supplying the accessory structure shall be independent of the circuit supplying the manufactured home; and
    3. Construction and electrical installations, unless otherwise specified shall comply with requirements provided for herein;
    4. Accessory structures shall not obstruct emergency or firefighting access;
    5. Accessory structures shall be designed in a manner that will enhance the appearance of the manufactured home park;
    6. Accessory structures shall be erected, constructed or occupied on a manufactured home park lot as directed by the management of the manufactured home park;
    7. Not obstruct required openings for light and ventilation of the manufactured home and shall not prevent inspection of manufactured home equipment and utility connections; and
    8. Not located outside the building lines.
  • Effective on: 1/1/1901

    Sec. 5.1.201 Building Form and Design
  • Generally. Nonresidential and mixed-use buildings shall comply with the form and design standards set out in this Section.
  • Relationship to Underlying Zoning Districts. These design standards do not affect the list of permitted, limited, or conditional uses permitted in the underlying zoning districts, as set out in Article 2.2, Land Use.
  • Relationship to Other Standards. The standards of this Section are in addition to all other standards of this Code, unless the other standards specifically supersede them. 
  • Applicability. The standards of this Section apply to all new development, redevelopment, substantial improvements, and expansion of nonresidential and mixed use buildings in the following districts:
    1. Suburban Commercial (SC);
    2. General Commercial (GC);
    3. Olde Town (OT);
    4. Business Park (BP);
    5. Recreational Vehicle (RV) Park;
    6. Mixed Use (MU); and
    7. Public / Institutional (PI).
  • 360-Degree Architecture. No particular architectural style is mandated. However, the architectural style of the front façade shall be expressed on all four sides of the building.
  • Building Scale in the Suburban Commercial (SC) District. Buildings fronting on the following street or road types shall be limited to the following scale standards:
    1. Arterial Street or Highway: Maximum 16,000 square feet in gross floor area.
    2. Collector Street: Maximum 9,000 square feet in gross floor area.
    3. Local Street. Maximum 5,000 square feet in gross floor area.
  • Building Form for all Nonresidential and Mixed-Uses, Except Industrial. Nonresidential and mixed-use, excluding industrial, buildings in the City shall meet the following standards.
    1. Buildings More than 16,000 Square Feet but Less than 30,000 Square Feet. Buildings that have more than 16,000 square feet but less than 30,000 square feet of gross floor area shall have moderate changes in height or roof line, which can be accomplished by one or more of the following techniques:
      1. Dormers with ridge lines that are three feet or more below the ridge line of the roof.
      2. A compound roof shape, in which the highest ridge line and the lowest ridge line have a height difference of two to five feet.
      3. Parapet walls that vary in height from four to six feet or more and which are designed of equal or greater height to screen from public view all exterior rooftop mechanical equipment (see also Section 5.1.202, Mechanical Equipment and Meters).
      4. Towers that have a height that is four to six feet or more above the highest peak or ridge of the roof or highest point of the parapet.
    2. Buildings Equal to 30,000 Square Feet but Less than 60,000 Square Feet. Buildings that equal 30,000 square feet but less than 60,000 square feet of gross floor area shall have major changes in height or roof line, which can be accomplished by one or more of the following techniques:
      1. A compound roof shape, in which the highest ridge line and the lowest ridge line have a height difference of five or more feet; and/or
      2. Parapet walls that vary in height by more than six feet, are proportional to the building, and which are designed of equal or greater height to screen from public view all rooftop mechanical equipment (see also Section 5.1.202, Mechanical Equipment and Meters); and/or
      3. Towers that have a height that is more than six feet above the highest peak or ridge of the roof or highest point of the parapet. The mass of such towers shall be proportional to the building, so that the towers appear as substantial, but not overwhelming, architectural elements; and/or
      4. Ground-level arcades and second floor galleries/balconies; and/or
      5. Other features that reduce the apparent mass of a building.
    3. Buildings Equal or Greater than 60,000 Square Feet. Buildings that equal or are greater than 60,000 square feet shall have substantial changes in height or roof line, which shall in addition to the requirements for buildings that cover 30,000 square feet or more, include:
      1. Significant architectural features to identify principal entrances; and
      2. Elements such as towers or significant projections from the building to break up the building mass.
  • Multi-Story Buildings. Buildings with more than two stories shall be designed with a clearly differentiated base, middle, and top.
    1. Building Base. A recognizable base shall include, but shall not be limited to:
      1. Thicker walls, ledges, or sills.
      2. Raised planters, which are integral to the building façade.
    2. Building Top. A recognizable top shall include, but shall not be limited to:
      1. Cornice treatments.
      2. Sloping roofs with eaves and brackets.
  • Building Dimensions.
    1. Maximum Horizontal Dimension. No building wall shall have an uninterrupted horizontal dimension of more than 80 feet for buildings with footprints 16,000 square feet and larger and no more than 40 percent of the façade length for buildings with footprints smaller than 16,000 square feet in area.
    2. Required Offsets. Building walls with a horizontal dimension of more than 80 feet shall have clearly pronounced projections or recesses of at least four feet, and at least two feet for buildings with a horizontal dimension of less than 80 feet, measured perpendicular to the vertical plane of the wall. These projections or recesses shall be spaced not more than 80 feet apart. Projections or recesses shall have a horizontal dimension parallel to the building wall from which the offset is measured of at least the lesser of:
      1. Twenty feet; or
      2. Twenty percent of the building façade (see Figure 5.1.201A, Required Offsets).
    3. Side and Rear Walls. Side and rear building walls that do not face a public street, driveway, or area intended for public use shall not be required to meet the regulations of Subsection 5.1.201.I.1, Maximum Horizontal Dimensional and Subsection 5.1.201.I.2,  Required Offsets.
    4. 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.​​​​​​​
  • Figure 5.1.201A
    Required Offsets
    1. Detailing in the Suburban Commercial (SC) and Olde Town (OT) Districts. All buildings shall contain architectural details for each elevation fronting on or most directly facing street right-of-way, a private street easement, or abutting drive-through lane or parking lot that promote good design, which may include, but are not limited to:
      1. Entry portico;
      2. Chimneys or cupolas;
      3. Transom windows;
      4. Dormers;
      5. Window canopies;
      6. Eaves in excess of 18 inches;
      7. Covered porches (extending along 50 percent of the building facade and projecting a minimum of four feet from the face of the building); or
      8. Decorative window shutters.
    2. 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 and mixed-use 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. Olde Town (OT) District Exterior Finish Material Exceptions.
        1. Existing buildings originally constructed for residential use located within Olde Town (OT) district being put to commercial use without any alteration to the building exterior shall not be required to comply with Subsection 5.1.201.K.1, Primary Exterior Finish Materials and Subsection 5.1.201.K.2, Secondary Exterior Finish Materials.
        2. In the event of alterations or repairs to the exterior finishes of existing buildings originally constructed for residential use located within Olde Town (OT) district being used for commercial purposes: 
          1. The continued use of an existing exterior finish material is permitted, provided that it is not included in Subsection 5.1.201.K.5, Prohibited Exterior Finish Materials, below.
          2. The use of a material similar in composition, appearance, quality, and durability is permitted, provided that it is not included in Subsection 5.1.201.K.5, Prohibited Exterior Finish Materials, below.        
      4. 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 subsections K.1. and K.2., above. 
      5. Prohibited Exterior Finish Materials.
        1. The use of the following for exterior walls, siding, or cladding is prohibited on all nonresidential and mixed-use 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.
      6. 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 U.S. Green Building Council or "USGBC" 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; 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.
    3. 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.
      2. Obstruction. Awnings and canopies shall not obstruct any portion of any window. Transom windows may be located under awnings and canopies.
      3. Support. Canopies shall have columns, beams, and/or brackets of adequate size to give both structural and visible means for support.
      4. 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.
      5. 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.
      6. Freestanding Canopies. Freestanding or semi-freestanding canopies (e.g., those used as shelters for pump islands) shall be of similar style, material, color, and lighting as those attached to the principal building.
    4. 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.
    5. 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 H.2., Required Offsets, above;
      4. Sign(s), in accordance with Article 4.7, Signs;
      5. Architectural details that relieve the appearance of the blank wall;
      6. A canopy or an arcade (see Figure 5.1.201B, Illustrative Blank Wall Treatments); or
      7. Vines or other plantings on wall trellises that cover at least 60 percent of the façade elevation.
    Figure 5.1.201B
    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.
    1. Roofing Systems.
      1. Flat Roof Systems. Any material that is permitted by the City's adopted building code is allowed on flat roof systems. Parapet walls shall be provide when using a flat roof system. Green roof systems are permitted and encouraged but do not require a parapet wall.
      2. Roofs in the Suburban Commercial (SC) District. Roofs. Roofs shall be similar to residential type roofs. Permitted materials include asphalt shingles, slate or simulated slate shingles, standing seam metal, or other similar roof materials approved by the Planning and Zoning Commission. A peaked parapet is permitted if it gives the appearance of a pitched roof from all sides. Eaves shall extend a minimum of 12 inches from the building facade. The use of flat and shed roofs is prohibited.
      3. 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.
      4. Prohibited Roofing Materials. Corrugated or ribbed metal and other roofing materials that are not listed in Subsection N.3., above, are prohibited.
    2. Mechanical Equipment and Meters. All ground- and roof-mounted equipment and meters shall be screened as set out in Section 5.1.202, Mechanical Equipment and Meters.
    3. Colors.
      1. Predominant Colors. Exterior finish colors are to express the integral color of building materials (e.g. brick, cast stone), or be neutral earth tones.
      2. Accent Color. Buildings may include limited use of approved compatible accent colors.

    (Ord. No. 2018-02, 07/16/2018; Ord. No. 2018-11, 08/20/2018) 

    Effective on: 8/20/2018

    Sec. 5.1.202 Mechanical Equipment and Meters
  • Generally. The mechanical equipment associated with building operations (e.g., HVAC systems) shall be screened on all nonresidential, mixed-use, and multi-family parcels proposed for development as provided in this Section.
  • Ground-Level and Building-Mounted Equipment. Mechanical equipment and meters shall be painted to match the building it is located on and screened from view of principal parking lots, public rights-of-way, and residential uses by landscape areas, bufferyards, or building walls. Hedges and screening walls that are used to hide mechanical systems shall be maintained at a height that is at least one foot higher than the equipment. Hedges shall be a minimum of three feet in height at planting.
  • Roof-Mounted Equipment. Mechanical equipment shall be screened from all ground level views from abutting property and rights-of-way by:
    1. Parapet Walls. Parapet wall shall include cornice treatments that are of adequate height to screen the equipment (a slope of one foot rise per 25 feet of run shall be used to determine if the wall is of adequate height); or
    2. Screening Walls. Screening walls of adequate height to hide the equipment, which use materials and colors that are consistent with the design of the building; or
    3. Sloped Roof Systems. Sloped roof systems or other architectural elements of adequate height to hide the equipment.
  • Effective on: 1/1/1901

    Sec. 5.1.301 Historic Overlay (HD) District Design Standards
  • Generally. The provisions of this Section apply to land, buildings, and structures within the City's Historic Overlay District.
  • Standards for Rehabilitation of Historic Buildings. When considering applications for certificates of appropriateness for new construction, alteration, repair, restoration, or demolition, the Historic Preservation Officer (HPO) and Richmond Historical Commission (RHC) shall use the Secretary of Interior's Standards for Rehabilitation and Design Guidelines, ratified by the City Commission in making their decisions. In addition, the Richmond Historical Commission, with technical input and a recommendation by the Historic Preservation Officer, may adopt more specific guidelines for the Historic Overlay District. These guidelines may serve as the basis for determining the approval, approval with modifications, or denial of an application for a certificate of appropriateness.
    1. Original Integrity Intact. New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
    2. Historic Context. New site construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale, and proportion, and massing to protect the integrity of the property and its environment.
    3. Archeological Preservation. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.
    4. Care in Treatment. Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.
    5. Restoration of Distinct Features. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old design, color, texture, and where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.
    6. Preservation of Distinct Features. Distinct materials, features, finishes, and site development techniques or examples of craftsmanship that characterize a site will be preserved.
    7. Appropriate Changes. Changes to a site that have acquired historic significance in their own right will be retained and preserved.
    8. Historic Integrity. Each site will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural site features or elements from other sites, shall not be permitted.
    9. Preservation of Historic Character. The historic character of a site shall be retained and preserved. The removal of distinctive or alteration of site features, spaces, and spatial relationships that characterize a property will be avoided.
    10. Appropriate Use. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.
  • Minimum Maintenance Standards. No owner or person with an interest in real property designated as a landmark or a property located within the Historic Overlay District shall permit the property to fall into serious state of disrepair so as to result in the significant deterioration of any exterior architectural feature which would, in the judgment of the Richmond Historical Commission, create a detrimental effect upon the historic character of the landmark or Historic Overlay District. Examples of serious disrepair or significant deterioration include:
    1. Deterioration of exterior walls, foundations, or other vertical support that causes leaning, splitting, listing, or buckling.
    2. Deterioration of external chimneys that causes leaning, sagging, splitting, listing, or buckling.
    3. Deterioration or crumbling of exterior plaster finishes, surfaces, or mortars.
    4. Ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors.
    5. Defective protection or lack of weather protection for exterior wall and roof coverings, including lack of paint, or weathering due to lack of paint or other protective covering.
    6. Rotting, holes, and other forms of material decay.
    7. Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, and architectural details that causes delaminating instability, loss of shape and form, or crumbling.
    8. Deterioration that has determined effect upon the special character of the district as a whole or the unique attributes and character of the contributing structure.
    9. Deterioration of any exterior feature so as to create or permit the creation of any hazardous or unsafe conditions to life, health, or other property.
  • Demolition of Landmarks. It is the intent to preserve the historic and architectural resources of the City through limitations on demolition and removal of landmarks to the extent it is economically feasible, practical, and necessary.
    1. Demolition or Removal Discouraged. The demolition or removal of historic buildings, structures, and sites in the City diminishes the character of the City's Historic Overlay District and it is strongly discouraged. Instead the City recommends and supports preservation, rehabilitation, and relocation within the Historic Overlay District.
    2. Necessary Demolition or Removal. It is recognized that structural deterioration, economic hardship, and other factors not entirely within the control of the property owner may result in necessary demolition or removal of a historic building, structure, or site.
    3. Demolition or Removal Notice. The Code Official shall be required to provide written notice to the Richmond Historical Commission via the Historic Preservation Officer of the demolition or removal of historic buildings, structures, and sites in accordance with Subsection G., below.
  • Removal or Repair of Hazardous or Dangerous Landmarks.
    1. Authority. The provision contained in §214.00111 of the Tex. Local Gov't Code provides additional authority to the City to preserve substandard historic buildings and are effective immediately upon designation as Certified Local Government by the U.S. Department of the Interior, National Park Service, and Texas State Historic Preservation Officer as provided by 16 U.S.C., Section 470 et seq.;
    2. Notice. If the Building Official determines a landmark to be structurally unsound and a hazardous or dangerous building pursuant to the provisions found in the City's adopted building code, the Code Official shall be required to provide written notice to the RHC of the ordered removal or repair of the landmark prior to taking such action; and
    3. Penalties. The property owner(s) of the demolished landmark removed under this UDC is subject to the penalties outlined in Section 6.4.203, Civil Penalties.
  • Ordinary Maintenance. Nothing in this Subsection shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within a historic district which does not involve a change in design, material, or outward appearance that require the issuance of a building permit. In-kind repair, replacement, and repainting is included in this definition of ordinary maintenance unless painting involves an exterior masonry surface that was not previously painted. The Historic Preservation Officer shall be in charge of making the decision as to what is ordinary maintenance.
  • Incentives. The City has determined that the Historical Overlay District is in need of tax relief to encourage reinvestment, preservation, and renovation of this area. In order to accomplish this goal, tax abatement on part of the assessed value of such structures once they have been restored or renovated, as well as other forms of incentives, are necessary. In accordance with state law, the City Commission finds that any building, site, or structure which meets the definition of Landmark is in need of tax relief to encourage preservation. Such properties which are substantially rehabilitated and/or restored as certified by the RHC and approved by the Fort Bend County Central Appraisal District, may have reduced assessed value for ad valorem taxes.
  • (Ord. No. 2017-21, 09/05/2017)

    Effective on: 1/1/1901

    Sec. 5.2.101 Fences and Walls
  • Application. The requirements of this Section apply to fences and walls on residential lots and all fences and walls with a height above average grade of 30 inches or more in nonresidential and mixed-use districts. All fences and walls shall not adversely affect the public health, safety, and welfare of the City and shall conform to all applicable building code requirements and other City adopted codes and ordinances.
  • Residential Districts and Residential Lots.
    1. Height.
      1. Front Yard. The maximum height of a fence or wall within a required front yard shall be 42 inches, with the exception of steel tubular and wrought iron fences, in which case, the maximum height of the fence shall be six feet.  
      2. Interior Side, Street Side, and Rear Yard. The maximum height for any fence or wall within a required interior side, street side, or rear yard shall be six feet. The fence may taper from the front building setback line to the front property line at an angle required to meet the 42-inch height requirement.
      3. If a base board/kick board is used in constructing a wood fence, the total height of the fence shall not exceed 6.5 feet.
      4. Top cap, not exceeding 2 inches in height may be added to wood fences and shall not contribute to total fence height calculation.
    2. Setbacks.
      1. Sidewalks: One foot.
      2. Intersection of street lot lines: Compliance with corner visibility triangle distances provided in Table 11.8 of the Public Infrastructure Design Manual.
      3. Alleys: Three feet.
    3. Location Restrictions.
      1. No fence or wall shall be built on any lot or tract outside the surveyed lot lines.
      2. No fence or wall shall be built by a private party on public land without the specific prior approval of the public entity. Removal of any such fence or wall is at the expense of the private party.
      3. Fences and walls shall avoid significantly obstructing the visibility of the principal building's front facade from the right-of-way along the front property line.
      4. Fences and walls shall avoid limiting or obstructing the flow of water in natural drainage courses, or drainageways created within easements.
      5. Vacant Property.
        1. Opaque fences or walls restricting visibility of any portion of a vacant property from the right-of-way are prohibited.
        2. Perimeter fences or walls along front or street side of a vacant property shall be designed such that a minimum of 40 percent of the fence is transparent
    4. Materials, Design, and Orientation.
      1. Materials shall be durable and in character for the use of development it is serving (e.g., masonry wall matching the building design or decorative metal fence matching building design features). Materials shall include weather resistant wood species, split rail, wood treated with U.S. Environmental Protection Agency approved preservatives, painted wood, ornamental iron or powder-coated aluminum, steel tubular, brick, stone, and masonry.
      2. Chain link fences (with or without slats/screening) are only permitted in interior side and rear yards that do not abut nor are visible from the street right-of-way. Chain link fences may be permitted on sites that include public utility facilities such as lift stations and treatment plants upon approval by the City Manager.
      3. Scrap lumber, plywood, tree branches, tree trunks, sheet metal, plastic, fiberglass sheets, barbed wire, spikes, nails, other sharp metal points or instruments on tops or sides, welded wire, agricultural fencing, and chicken wire are prohibited.
      4. Portions of community perimeter fence around residential subdivisions that abut a street classified as regional or arterial on the major thoroughfare plan shall be a masonry fence or wall that conforms to the residential district height requirements of this section.
      5. Open picket fences that are located in front or street side yards that are not also outdoor storage areas shall be designed such that a minimum of 40 percent of the fence is transparent.
      6. The finished side of all fences shall face outward (posts and supports faced inward to the lot) toward adjacent right-of-way (see Figure 5.2.101, Fence Orientation).
      7. All fences and walls shall not materially damage the adjacent property by obstructing the view, shutting out the sunlight or hindering ventilation.
  • Nonresidential and Mixed-Use Districts
    1. Height. No fence or wall shall exceed the following heights, unless required by Division 4.4.300, Buffering:
      1. Front and Street Side Yards:
        1. In the SC and OT district: The maximum height of a fence or wall within a required front yard shall be 42 inches, with the exception of steel tubular and wrought iron fences, in which case, the maximum height of the fence shall be six feet.
        2. In the IN district: Six feet.
        3. All other nonresidential and mixed-use districts: Not permitted in front yards; six feet in street side yards.
      2. Side and Rear Yards:
        1. In the IN district: Eight feet.
        2. All other nonresidential and mixed-use districts:
          1. Generally: Six feet.
          2. Side or rear yard abutting the IN district: Eight feet.
      3. If a base board/kick board is used in constructing a wood fence, the total height of the fence may exceed the maximum allowed height by six inches.
      4. Top cap, not exceeding 2 inches in height may be added to wood fences and shall not contribute to total fence height calculation.
    2. Setbacks.
      1. Sidewalks: One foot.
      2. Intersection of street lot lines: Compliance with corner visibility triangle distances provided in Table 11.8 of the Public Infrastructure Design Manual.
      3. Alleys: Three feet.
    3. Location Restrictions.
      1. No fence or wall shall be built on any lot or tract ouside the surveyed lot lines.
      2. No fence or wall shall be built by a private party on public land without the specific prior approval of the public entity. Removal of any such fence or wall is at the expense of the private party.
      3. Fences and walls shall avoid limiting or obstructing the flow of water in natural drainage courses, or drainageways created within easements. 
      4. Vacant Property.
        1. Opaque fences or walls restricting visibility of any portion of a vacant property from the right-of-way are prohibited.
        2. Perimeter fences or walls along front or street side of a vacant property shall be designed such that a minimum of 40 percent of the fence is transparent.
    4. Materials, Design, and Orientation.
      1. Materials shall be durable and in character for the use of development it is serving (e.g., residential fencing shall be of a material commonly made and sold for residential fencing or wall construction uses). Materials shall include weather resistant wood species, split rail, wood treated with U.S. Environmental Protection Agency approved preservatives, painted wood, ornamental iron or powder-coated aluminum, brick, stone, and masonry.
      2. Scrap lumber, plywood, tree branches, tree trunks, sheet metal, plastic, fiberglass sheets, barbed wire, spikes, nails, other sharp metal points or instruments on tops or sides, welded wire, agricultural fencing, and chicken wire are prohibited.
      3. 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 such are necessary to address security interest.
      4. Chain link fences shall be coated with vinyl or other durable non-metallic coating, and are permitted as follows:
        1. Industrial uses. In any yard that is not visible from an arterial or collector street, or highway, right-of-way or existing, abutting non-industrial use; and
        2. All other nonresidential and mixed-uses. Only in interior side and rear yards that are not also street yards.
        3. Sites that include public utility facilities such as lift stations and treatment plants upon approval by the City Manager.
      5. The use or placement of slats in chain link fences is permitted only in interior side and rear yards that are not also street side yards. This does not apply to outdoor storage yards, which is subject to the standards set out in Section 5.2.104Outdoor Storage and Displays of Merchandise.
      6. Fences within street side yards or located between the front yard and the principal building and not serving the purpose of screening of outdoor storage as set out in Section 5.2.104Outdoor Storage and Displays of Merchandise; shall be decorative wrought iron or steel tubular fence.
  • Exceptions.
    1. Fences and walls erected upon public or private school property or public parks and playgrounds can be constructed to a height of eight feet or greater upon approval of a variance by the Zoning Board of Adjustment to preserve public welfare.
    2. Modifications to requirements associated with "Reasonable Accommodation" as provided by the Fair Housing Amendments Act of 1988 and the Americans with Disabilities Act of 1990 may be approved by the City Manager.
  • Figure 5.2.101
    Fence Orientation
    Fence Orientation Not-Allowed
    Fence Orientation Allowed

    (Ord. No. 2018-11, 08/20/2018; Ord. No. 2021-29, 12/20/2021) 

    Effective on: 12/20/2021

    Sec. 5.2.102 Accessory Buildings and Structures
  • Generally. The construction and use of accessory building or structures, except accessory dwelling units (see Section 5.2.103, Accessory Dwelling Units), are subject to the requirements of this Section.
  • All Uses.
    1. Timing of Construction. No accessory building or structure shall be constructed unless the principal building is constructed and connected to utilities or under construction simultaneously with the accessory building or structure.
    2. Attached Accessory Buildings. Accessory buildings that are structurally attached to a principal building shall conform to all standards that are applicable to the principal building.
    3. Easements. Accessory buildings and structures shall not be located within easements unless written permission is granted from the owner/operator of the easement and proof of such permission is provided to the City prior to the issuance of permits or clearances for such structures.
    4. Building Permit.
      1. Accessory buildings and structures shall make application for a building permit.
      2. Accessory buildings and structures are subject to all applicable building codes of the City, as amended from time to time.
    5. Survey. A copy of a plat of survey showing all existing buildings and structures on the lot or parcel of land where the accessory building or structure is proposed to be located shall be submitted with the required building permit application.
  • Agricultural Uses. Accessory buildings and structures are permitted to support agricultural uses. Non-agricultural accessory buildings and structures shall cover an area that is the smaller of:
    1. ​50 percent of the footprint of the principal building; or
    2. 1,800 square feet.
  • Residential Uses.
    1. Maximum Number. No more than two accessory buildings or structures shall be constructed on a lot in the SR and GR districts.
    2. Design Standards for Detached Accessory Buildings or Structures.​
      1. Height. One story or 18 feet, whichever is lower.
      2. Footprint. Accessory buildings and structures are counted toward the calculation of impervious surfaces. In addition, no detached accessory building, buildings, or structures shall cover an area that is larger than that covered by the principal building, nor cover more than 30 percent of the required rear yard.
      3. ​​​Setbacks.
        1. ​Front:
          1. ​Generally: Behind principal building.
          2. Garages: Behind front building line.
          3. Carports or car covers: Behind the front building line.
        2. Street Side: Equal to the required front setback for the zoning district.
        3. Interior Side: Equal to the required interior side setback for the zoning district.
        4. Rear:
          1. Generally: Five feet provided an accessory building or structure does not encroach into any easement.
          2. Garage with door facing alley: Equal to the required front setback for the zoning district.
          3. Detached garage or carport: Equal to the required rear setback for the zoning district.
        5. ​Separations from Principal Building or Structure:
          1. Generally: 10 feet from the principal building or structure.
          2. Detached garages: Five feet.
      4. ​​​Materials. Accessory buildings and structures shall be designed to be compatible with the principal building in terms of:
        1. Color, which shall be the same as or compliment the principal building;
        2. Materials, which shall be the same as those used on the principal building, and in the case of siding or brick, shall be installed with the same patterns as on the principal building;
        3. Roof pitch, which shall be the same as the principal building;
        4. Roof materials and color, which shall be the same as the principal building; and
        5. Fenestration, if windows are provided, they should be of a type and aspect ratio that is similar to those on the principal building.
    3. Sheds. A shed that is 120 square feet or less in floor area and not more than 10 feet in height to the peak of the roof may be located anywhere in a side or rear yard, provided that:
      1. It does not alter or block the flow of stormwater drainage;
      2. It does not create nonconforming situations with respect to the building code on abutting properties; and
      3. It does not located in a floodplain or easement.
      4. There is no more than one shed per residential lot.
  • Nonresidential and Mixed-Uses.
    1. Design Standards for Detached Accessory Buildings or Structures.​
      1. Height. No detached accessory building or structure shall have more than one-story, nor exceed 18 feet in height, unless located within the building envelope and permitted as an accessory to business or manufacturing uses.
      2. Footprint.
        1. In the OT, SC, GC, BP, MU, and PI districts, no detached accessory buildings or structures on a lot shall cover an area that is larger than 25 percent of the footprint of the principal building.
        2. In the IN district, accessory buildings and structures are not subject to a specific maximum footprint. However:
          1. If they are larger than 200 square feet, they shall be located within the building envelope; or
          2. If they are 200 square feet or less, they shall be situated behind the principal building and set back at least 10 feet from all side and rear property lines.
      3. Setbacks.
        1. Front. No detached accessory building or structure shall be located in a required front yard.
        2. Sides and Rear. All accessory buildings and structures shall be:
          1. Located within the building envelope in the side or rear yards;
          2. Not located in easement areas unless express written permission has been granted by all easement grantees. A copy of such written permission shall be submitted to the Building Official prior to the issuance of permits for such structures.
      4. Materials. In the OT, SC, GC, BP, MU, and PI districts, accessory buildings and structures shall be designed to be compatible with the principal building in terms of:
        1. Color, which shall be the same as or compliment the principal building;
        2. Materials, which shall be the same as those used on the principal building, and in the case of siding or brick, shall be installed with the same patterns as on the principal building;
        3. Roof pitch, which shall be the same as the principal building;
        4. Roof materials and color, which shall be the same as the principal building; and
        5. Fenestration, if windows are provided, they should be of a type and aspect ratio that is similar to those on the principal building.
      5. Separation from Other Buildings and Structures. No detached accessory building or structure shall be located closer than six feet to any other building.
    2. Storage and Utility Sheds in SC, GC, OT, DN, BP, RV, MU, and PI Districts. Storage buildings are permitted as accessory structures on lots in the SC, GC, OT, DN, BP, RV, MU, and PI districts, if it is demonstrated that:
      1. Storage and utility buildings are used for property maintenance purposes, and not for commercial uses or storage of goods for resale.
      2. Converted semi-trailers, manufactured homes, modular shipping containers, dumpsters, or similar structures or equipment shall not be used for storage.
      3. Storage and utility buildings are completely screened from view from abutting properties and public right-of-way by buildings, fences, or walls (see Section 5.2.101, Fences and Walls).
      4. Storage and utility buildings are located only behind principal buildings.
      5. The floor area of any individual storage or utility building does not exceed 1,500 square feet.
      6. The cumulative floor area of storage and utility buildings does not exceed two percent of the maximum floor area permitted on the lot.
    3. Storage and Utility Buildings in IN District. Storage buildings are permitted as accessory structures on lots in the IN district, provided that:
      1. If they are larger than 200 square feet, they are located within the building envelope; or
      2. If they are 200 square feet or less, they are situated behind the principal building and set back at least 10 feet from all side and rear property lines.
      3. Converted semi-trailers, manufactured homes, modular shipping containers, dumpsters, or similar structures or equipment may be used for storage provided that they are located within the rear yard and are completely screened from view of abutting properties and public right-of-way by buildings, fences, or walls (see Section 5.2.101, Fences and Walls).
  • (Ord. No. 2018-02, 07/16/2018; Ord. No. 2018-11, 08/20/2018) 

    Effective on: 8/20/2018

    Sec. 5.2.103 Accessory Dwelling Units
  • Generally. Accessory dwelling units (ADUs) are permitted as set out in this Section.
  • Applicability. ADUs are allowed on lots in new subdivisions that are established after the effective date of this UDC, provided that the preliminary and final plats  reflect that ADUs are allowed on lots within the subdivision.
  • ADU Types. For the purposes of this UDC, there are three types of ADUs (see Figure 5.2.103, Illustrative ADU Types):
    1. Integrated Units. Integrated units are units that are created within an existing building or attached to an existing building such that they appear to be an integrated part of it.
    2. One-Story ADU Buildings. One-story ADU buildings are one-story detached buildings that contain an accessory dwelling unit. They may or may not also include a garage or storage area.
    3. Two-Story ADU Buildings. Two-story ADU buildings are one- and one-half story or two-story detached buildings that contain an accessory dwelling unit, which is usually located above a detached garage.
  • Figure 5.2.103
    Illustrative ADU Types
    1. Where Permitted. Accessory dwelling units are allowed as provided in Table 5.2.103, Districts and ADU Types. ADUs are not allowed in zoning districts that are not listed in the table. ADUs are only allowed as an accessory to single-family detached principal buildings.
    Table 5.2.103
    Districts and ADU Types
    DistrictIntegrated Unit1One-Story ADU Building1Two-Story ADU Building1
    TABLE NOTES:
    N/A - Not Applicable
    1 Accessory dwelling units are only allowed on lots where the principal building is a single-family detached dwelling unit, subject to Subsection B., Applicability, of this Section.
    SRAllowedAllowedAllowed
    GRAllowedAllowedAllowed
    OTAllowedAllowedAllowed
    Table 5.2.103
    Districts and ADU Types
    DistrictIntegrated Unit1One-Story ADU Building1Two-Story ADU Building1
    TABLE NOTES:
    N/A - Not Applicable
    1 Accessory dwelling units are only allowed on lots where the principal building is a single-family detached dwelling unit, subject to Subsection B., Applicability, of this Section.
    SRAllowedAllowedAllowed
    GRAllowedAllowedAllowed
    OTAllowedAllowedAllowed
    Table 5.2.103
    Districts and ADU Types
    DistrictIntegrated Unit1One-Story ADU Building1Two-Story ADU Building1
    TABLE NOTES:
    N/A - Not Applicable
    1 Accessory dwelling units are only allowed on lots where the principal building is a single-family detached dwelling unit, subject to Subsection B., Applicability, of this Section.
    SRAllowedAllowedAllowed
    GRAllowedAllowedAllowed
    OTAllowedAllowedAllowed
    Table 5.2.103
    Districts and ADU Types
    DistrictIntegrated Unit1One-Story ADU Building1Two-Story ADU Building1
    TABLE NOTES:
    N/A - Not Applicable
    1 Accessory dwelling units are only allowed on lots where the principal building is a single-family detached dwelling unit, subject to Subsection B., Applicability, of this Section.
    SRAllowedAllowedAllowed
    GRAllowedAllowedAllowed
    OTAllowedAllowedAllowed
    1. Design Standards. ADUs shall conform to the following bulk and design standards:
      1. All ADUs.
        1. Maximum Number. No lot shall contain more than one ADU.
        2. Parking for ADUs.
          1. In addition to the parking requirements for the principal building, one off-street parking space shall be provided for the ADU.
          2. Use of tandem parking to meet this requirement is allowed; however, only one tandem space is allowed per lot.
        3. Required Useable Outdoor Area. Lots that are developed with ADUs shall include a useable outdoor area of at least 1,100 square feet, located behind the principal dwelling unit.
        4. Utilities. ADUs shall not be provided with utilities that are metered or billed separately from the principal building.
      2. Integrated Units.
        1. Integrated units shall not occupy more than 25 percent of the total gross floor area of the principal building.
        2. Integrated units shall not involve design modifications to the exterior of the principal building that make their presence obvious. Where the principal building is expanded to accommodate the integrated unit, the expansion shall be designed, clad, painted, and roofed in a manner that is comparable to the principal building.
        3. Where exterior doors provide direct access to the integrated unit, such doors shall be designed, located, and configured in a manner that is typical for secondary access to a single-family building.
        4. Setbacks for integrated units are the same as for the principal building.
      3. One-Story Detached ADU Buildings.
        1. The floor area of the ADU in a one-story ADU building shall not exceed the least of the following:
          1. Twenty-five percent of the gross floor area of the principal building or 1,200 square feet, whichever is greater; or
          2. Seven and one-half percent of the lot area.
        2. One-story ADU buildings shall be set back from property lines as follows:
          1. Front: Behind front building line.
          2. Interior side: Same as principal building.
          3. Street side: Same as principal building.
          4. Rear: 10 feet where no alley is present; five feet where an alley abuts the rear lot line. The one-story ADU cannot occupy more than 25 percent of the required rear yard.
        3. The height of one-story ADU buildings shall not exceed:
          1. Nine feet to the wall plate; and
          2. Twenty feet to the ridge.
        4. One-story ADU buildings shall be spaced at least 12 feet from all other habitable buildings and structures on the same lot.
      4. Two-Story Detached ADU Buildings.
        1. The floor area of the ADU in a two-story ADU building unit shall not exceed 600 square feet. For the purposes of this standard, "floor area" means all enclosed areas with a floor-to-ceiling height of at least 7.5 feet.
        2. The height of a two-story ADU building shall not exceed:
          1. Thirteen feet to the wall plate; and
          2. Twenty-four feet to the ridge.
        3. Generally, windows of two-story ADU building units shall face streets and alleys. Windows that face interior side property lines shall be located at least six feet above the finished floor unless:
          1. Other features are in place to protect the privacy of the abutting lot's rear yard; or
          2. The abutting property is nonresidential or a tract of common open space.
        4. Two-story ADU buildings shall be spaced at least 12 feet from all other habitable buildings and structures on the same lot.
    2. Additional Standards for ADUs in OT District.
      1. All ADUs.
        1. Except as provided in E.1.b. below, ADUs shall be located only on lots that are no less than 6000 square feet in area and 50 feet wide.
        2. On lots smaller than 6000 square feet in area or 50 feet in lot width, ADU may be located only within an existing accessory building that meets the design standards of ADU provided in Subsection 5.2.103.D. Design Standards.
        3. Renting of ADUs for duration less than thirty (30) days is prohibited.
    3. Prohibited ADUs. The use of manufactured homes as ADUs is prohibited.

    (Ord. No. 2019-16, 04/15/2019)

    Effective on: 4/15/2019

    Sec. 5.2.104 Outdoor Storage and Displays of Merchandise
  • Generally. All outdoor storage and outdoor display of merchandise, except temporary outdoor sales event displays allowed per Table 5.2.104, Area of Outdoor Display of Merchandise, shall be in conformance with the provisions of this Section.
  • Outdoor Storage. Outdoor storage is permitted as an accessory use to buildings on properties used for nonresidential and mixed-use purposes subject to the standards of this Section. Outdoor display of merchandise is regulated by Subsection C., below.
    1. Prohibitions. Outdoor storage areas shall not be used to dispose of inoperable machines or wastes, store or dispose of hazardous materials, or store or dispose of materials that will create windblown dust or debris or stormwater contaminants.
    2. Standards by Use.
      1. Agricultural Uses. Exempt.
      2. Nonresidential Commercial Retail/Service Uses and Mixed-Uses. Outdoor storage areas are permitted if it is demonstrated that the outdoor storage area:
        1. Is not larger than 10 percent of the gross floor area of the principal building; and
        2. Is located outside of the required parking setback area (see Table 4.2.102A, Required Parking Setbacks); and
        3. Is screened in one of the following ways:
          1. Enclosed by a wall that is designed into the principal building's façade and composed of the same materials as the principal building; or
          2. Enclosed by a masonry wall or opaque fence and gate of sufficient height to completely screen the stored materials from public view and rights-of-way. Such wall, fence, and gate shall be of a durable material that does not include slats and shall be landscaped with a continuous hedge along its entire length, except at points of access.
      3. Nonresidential Industrial Uses. Outdoor storage areas are permitted if it is demonstrated that the outdoor storage area:
        1. Is not larger than 25 percent of the gross floor area of the principal building; and
        2. Is located in the buildable area in the rear and/or interior side yard; and
        3. Is screened in one of the following ways:
          1. Views from public right-of-way are completely blocked by the principal building; or
          2. The area is enclosed by a wall, opaque fence, or landscaping of sufficient height to completely screen the stored materials from public view.
      4. Nonresidential Office Uses. Outdoor storage is not allowed.
      5. Residential Uses. Outdoor storage is limited to that normally associated with residential uses and subject to the City's adopted property and maintenance codes, as set out in Ordinance No. 2009-04, or as subsequently amended.
  • Outdoor Display of Merchandise.
    1. Generally. This Subsection sets out the standards that are applicable to outdoor merchandise display areas. Outdoor storage of items other than merchandise is regulated by Subsection B., above.
    2. Display Areas that are Attached to Principal Buildings. Outdoor display areas that are attached to a principal building are permitted if it is demonstrated that the display areas are:
      1. Adjacent to a wall of a principal building or structure, and configured as a walled or decoratively fenced area that entirely screens the merchandise on all sides; and
      2. Not larger than the area set out in Table 5.2.104, Area of Outdoor Display of Merchandise.
  • Table 5.2.104
    Area of Outdoor Display of Merchandise
    UseMaximum Outdoor Display Area
    Retail Sales and Services15 percent of floor area of principal building
    Heavy Retail
    (e.g., Home Centers, Warehouse Clubs, and Superstores)
    30 percent of floor area of principal building
    Heavy Retail - All Others35 percent of lot area
    Nurseries and Greenhouses, RetailArea within building envelope
    Table 5.2.104
    Area of Outdoor Display of Merchandise
    UseMaximum Outdoor Display Area
    Retail Sales and Services15 percent of floor area of principal building
    Heavy Retail
    (e.g., Home Centers, Warehouse Clubs, and Superstores)
    30 percent of floor area of principal building
    Heavy Retail - All Others35 percent of lot area
    Nurseries and Greenhouses, RetailArea within building envelope
    Table 5.2.104
    Area of Outdoor Display of Merchandise
    UseMaximum Outdoor Display Area
    Retail Sales and Services15 percent of floor area of principal building
    Heavy Retail
    (e.g., Home Centers, Warehouse Clubs, and Superstores)
    30 percent of floor area of principal building
    Heavy Retail - All Others35 percent of lot area
    Nurseries and Greenhouses, RetailArea within building envelope
    Table 5.2.104
    Area of Outdoor Display of Merchandise
    UseMaximum Outdoor Display Area
    Retail Sales and Services15 percent of floor area of principal building
    Heavy Retail
    (e.g., Home Centers, Warehouse Clubs, and Superstores)
    30 percent of floor area of principal building
    Heavy Retail - All Others35 percent of lot area
    Nurseries and Greenhouses, RetailArea within building envelope
      1. 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.
      2. 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 set back 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

    Sec. 5.2.105 Solar Arrays and Small Wind Energy Systems (SWES)
  • Generally. The placement and use of solar arrays and small wind energy systems (SWES) are subject to the requirements of this Section.
  • Solar Arrays. The following standards apply to solar arrays:
    1. ​​Roof-Mounts. Solar arrays may be roof-mounted on principal and accessory buildings in all zoning districts.
    2. Ground-Mounts. Ground- or structure-mounted solar arrays (not mounted on buildings) shall be set back as if they were detached accessory buildings if the highest point on the panels is more than six feet above grade.
    3. Carports and Covered Walkways. Carports and walkways may be covered with solar arrays, provided that:
      1. ​​There is not less than eight feet of clearance under the carport or covered walkway; and
      2. In residential zoning districts and/or uses, solar panels that cover carports and covered walkways are set back from the front property line as required for principal buildings. Additional setbacks may be required in other areas in order to comply with building setback requirements or accessory structure requirements for the underlying structures.
    4. Removal or Replacement of Damaged Panels. If solar panels are damaged (e.g., in a windstorm) such that the damage is obvious when viewed from a public right-of-way, then the panels must be removed or replaced within 60 days of the event that caused the damage.
  • ​​​Small Wind Energy Systems (SWES). The following standards apply to small wind energy systems:
    1. Distance from Lot or Building or Power Lines. The distance from all lot lines or any building or power line to any tower support base of all SWES shall be equal to the sum of the tower height plus the diameter of the rotor.
    2. Distance between SWES. The distance between the tower support base and any two SWES shall be the minimum of five rotor lengths, determined by the size of the largest rotor.
    3. Interference. The SWES operation shall not interfere with radio, television, computer, or other electronic operations on abutting or nearby properties.
    4. Fence. A fence with a minimum height of six feet with a locking gate shall be placed around any SWES tower base. Alternatively the tower climbing apparatus shall begin no lower than 12 feet above ground-level.
    5. Height Exemption. SWES are exempt from the height restrictions of the district within which it located.
  • Effective on: 1/1/1901

    Sec. 5.2.106 Solid Waste and Recycling Collection
  • Generally. Nonresidential, mixed-use, and multi-family uses shall provide for a common area for solid waste and/or recycling collection.
  • Location. The location of the solid waste and/or recycling collection areas shall comply with the following:
    1. They shall be located on the same lot as the parcel proposed for development they are intended to serve, unless otherwise authorized by the Code Official upon written proof of an agreement with an abutting property owner and demonstration that the facilities will have the capacity to serve both properties.
    2. They shall be located no more than 200 feet (accessible walking distance) from all individual nonresidential, mixed-use, and multi-family uses that they are intended to serve;
    3. The solid waste and/or recycling collection area shall be located behind the principal building or in a side or rear yard, unless it is not possible to provide service access in such locations.
    4. If the parcel proposed for development has access to an alley, the solid waste and/or recycling collection area shall be accessed via the alley.
    5. If an enclosure must be located in a front yard, it is designed and constructed in conformance with Subsection C., below, and surrounded on the three non-access sides with landscaping that is sufficiently dense to completely conceal the enclosure from view from abutting properties and public rights-of-way.
    6. Access to the facilities is configured to meet the requirements of the refuse and/or recycling service provider.
    7. All solid waste and/or recycling collection areas shall be spaced at least:
      1. Fifteen feet from the lot lines of residential uses that are part of the parcel proposed for development; and
      2. Thirty feet from the lot lines of residential uses that are abutting to the parcel proposed for development.
  • Enclosure. The areas where the solid waste and/or recycling collection areas shall be fully enclosed by:
    1. An opaque wall or fence that is one foot taller than the refuse and/or recycling container and constructed of finished masonry painted the same color as the building, or stone, or brick;
    2. Opaque solid metal service gates that remain closed at all times, except when the container is being serviced. Bollards shall be placed on either side of the gate to prevent the service provider from damaging the enclosure;
    3. A separate opaque solid metal service pedestrian access gate or a pedestrian opening that screens the container(s) from view at all times except when it is being serviced (see Figure 5.2.106, Solid Waste and/or Recycling Collection Enclosure);
    4. An adequate size to accommodate:
      1. One or more solid waste containers that are of a sufficient size to service the development, based on the frequency of solid waste collection; and
      2. One or more recycling bins (whether provided at the time of development or not), based on the anticipated generation of recyclable materials and the frequency of collection.
  • Figure 5.2.106
    Solid Waste and/or Recycling Enclosure
    Illustrative Solid Waste and Recycling Enclosure

    Effective on: 1/1/1901

    Sec. 5.2.107 Automobile Rental Lots
  • Generally. This Section sets out the standards that are applicable to automobile rental lots. Lots used for the sale and lease of vehicles are exempt from this Section.
  • Automobile Storage. Automobile storage is permitted as an accessory use to buildings on properties used for nonresidential purposes subject to the standards of this Section. An automobile storage area shall be permitted if the following standards are met:
    1. Automobiles cannot be parked within the parking setback, the right-of-way, or any easement;
    2. Automobiles must be parked on an improved hard surface as set out in Section 4.2.102, Location, Design, and Use of Required Parking;
    3. One vehicle shall be permitted on an elevated display area at  maximum of four feet above average grade;
    4. Sign regulations set out in Article 4.7, Signs; and
    5. Parking lot landscaping regulations set out in Section 4.4.401, Development Landscaping.
  • Effective on: 1/1/1901