(a)

Purpose and intent. Compatibility standards are intended to protect lower-intensity properties and residential neighborhoods from the adverse impacts sometimes associated with adjacent and nearby higher intensity development. These standards apply to all new development in any zoning district except for single-family and two-family houses. In cases where an individual zoning district identifies a different standard than outlined herein, the stricter standard shall apply.

(b)

Standards.

(1)

Visual screening. Screening is required for detention/water quality ponds; dumpsters, trash receptacles, outdoor storage; ground-mounted equipment; and other similar structures and facilities. Screening standards are located in Sec. 8-40.

(2)

Roof-mounted mechanical equipment. All roof-mounted mechanical equipment shall be screened from public view. Screening shall utilize the same or similar materials as the principal structure.

(3)

Noise. The noise regulations found in Chapter 14 of the Code of Ordinances shall apply, along with the following additional standards:

a.

Increased setbacks for car wash facilities, outdoor paging systems, speakers, remote ordering appliances, and drive-through lanes associated with certain uses may be found in Sec. 2-91.

b.

Air pumps and vacuums located at car wash facilities, gas stations, and convenience stores shall not be located within 150 feet of a residential property line.

(4)

Lighting.

a.

Site lighting design requirements.

1.

Fixture (luminaire). The light source shall be completely concealed (recessed) within an opaque housing and shall not be visible from any street right-of-way or residential property line. Light fixtures within gas station canopies shall be flush with the underside of the canopy.

2.

Light source (lamp). Only incandescent, fluorescent, compact fluorescent (CFL), light-emitting diodes (LED), metal halide, or color corrected high-pressure sodium may be used. The same type shall be used for the same or similar types of lighting on any one site throughout any master planned development.

3.

Mounting. Except as required by subsection (b)(4)c. below, fixtures shall be mounted in such a manner that the cone of light does not exceed one (1) foot candle at any property line shared with a nonresidential use and two (2) foot candles at any property line abutting a public street (right-of-way).

4.

All site and building lighting shall be accomplished with light that does not flash, blink or pulse.

5.

Athletic facilities associated with schools, places of worship, and charitable nonprofit organizations may exceed the fixture height requirement if they implement reasonable measures to limit adverse impacts on neighboring properties that may result from the increased fixture height.

b.

Excessive illumination.

1.

Interferes with use or enjoyment. Lighting within any lot that unnecessarily illuminates and substantially interferes with the use or enjoyment of any other lot is prohibited. Lighting unnecessarily illuminates another lot if it clearly exceeds the requirements of this section, or if the standard could reasonably be achieved in a manner that would not substantially interfere with the use or enjoyment of neighboring properties.

2.

Glares or is excessive. Lighting shall not be oriented so as to direct glare or excessive illumination onto streets in a manner that may district or interfere with the vision of drivers on such streets.

c.

Compatibility with residential properties.

1.

Lighting shall be directed away from any residential properties.

2.

The cone of light shall not exceed 0.5 foot candles at any residential property line.

3.

Exterior shielding of light fixtures or other light mitigation measures shall be required if deemed necessary by city staff during the site plan review process.

(a)

Purpose and intent. The purpose of this section is to set forth requirements regarding the design, installation, construction and maintenance of compatibility buffers for all property other than those specifically exempted below. A compatibility buffer shall be composed of a landscape buffer and a compatibility fence as provided below. Compatibility buffering is intended to minimize the effects of SR (Senior), MF-1 (Multifamily - low density), MF-2 (Multifamily - medium density), MF-3 (Multifamily - urban), C-1 (General commercial), C-1a (General commercial-limited), C-2 (Local commercial), OF-1 (Office - Low Rise), BP (Business park), LI (Light industrial), I (Industrial), PF-1 (Public facilities), PF-2 (Public facilities - medium intensity), and PF-3 (Public facilities - high intensity), land uses which share a common lot line with existing or planned single-family or two-family uses, while maintaining the flexibility of allowing such more intense land uses in appropriate circumstances.

(b)

Applicability. This section shall apply to all land within the city limits and in areas where this section is in effect by contractual agreement.

(1)

Except as provided in subsection (c) below, the requirements of this section shall apply to:

a.

Any new development or construction requiring a permit;

b.

Any change of land use from a residential use to a nonresidential use; or

c.

Any change, conversion, or addition of commercial land uses that result in an increase in the parking requirements.

(c)

Exemptions. The following shall be exempt from the requirements of this section:

(1)

Restoration of a building or structure which has been damaged, destroyed or demolished to an extent less than 50 percent of its fair market value (as determined by the most recent appraisal of land value of the appraisal district in which the building or structure is located);

(2)

Exterior or interior renovation of a structure;

(3)

Land located within the central business district; or

(4)

Lots where the adjacent single-family or two-family property is occupied by a place of worship, civic building such as fire or police station, park, pond, or designated open space.

(d)

Special exceptions. A landowner may apply for a special exception to be granted by the ZBA to exempt the proposed use from the requirements of this section based on one or more of the following factors: distance to existing residential structures on the abutting single-family or two-family property, likelihood that the abutting single-family or two-family property will be developed into single-family dwelling units if presently vacant, change in elevation, or presence of natural features such as creeks or trees. In order for an exemption to be granted, the ZBA must conduct a public hearing and find that the presence of such factors substantially meets the intent of the compatibility buffer requirement by providing adequate separation or buffering between the proposed use and the single-family or two-family property.

(e)

Landscape buffer. A landscape buffer at least eight (8) feet wide shall be provided for all sites subject to this section. Based on the linear footage that extends along the length of the property line between higher and lower intensity land uses, the minimum quantity of landscaping shall be determined by the following requirements:

(1)

One large tree per 50 linear feet with a minimum caliper of three (3) inches, selected from the list of approved evergreen tree species in Appendix B of the Tree Technical Manual; and

(2)

One medium tree per 50 linear feet with a minimum caliper of two (2) inches, selected from the list of approved evergreen tree species in Appendix B of the Tree Technical Manual; and

(3)

All trees utilized shall be of an evergreen species.

Other than the required landscaping and associated irrigation, nothing shall be placed within the landscape buffer, including without limitation, accessory buildings, parking lots, storage of materials and refuse containers. The landscape buffer may not be used as a utility easement.

(f)

Compatibility fence. In addition to the above landscaping requirement, a compatibility buffer shall also have a compatibility fence installed and maintained on the applicable property boundaries. Materials and installation of the compatibility fence shall comply with the most recent edition of "Selected ASTM Standards for Fence Materials and Products", a copy of which shall be maintained by the zoning administrator. Structural plans and specifications for fences shall be submitted at the same time as other construction plans required by this section. In approving said plans and specifications, the development services manager shall consider the site's soil characteristics, wind loadings, and other environmental considerations.

A landowner may select from two options for complying with the requirements for a compatibility fence required by this section. The options are set forth below:

(1)

Pre-cast concrete panel or architectural concrete masonry unit (CMU) fence option.

a.

Fence materials, construction standards, and miscellaneous requirements shall be as follows:

1.

Pre-cast concrete panels shall be installed per manufacturer's specifications;

2.

Construction details or shop drawings must be sealed by a civil engineer, structural engineer, or landscape architect and provided prior to the issuance of a building permit;

3.

Both sides of the fence shall have a finished face; and

4.

The fence shall have a minimum height of six (6) feet.

(2)

Masonry fence option.

a.

For the purposes of this subsection (e)(2), "masonry fence" shall mean a fence constructed of brick or natural stone. The term shall not include cement-based siding such as HardiePlank, Fencecrete, or similar construction materials.

b.

Masonry materials, construction standards, and miscellaneous requirements shall be as follows:

1.

Brick or natural stone;

2.

A cast-in-place structural footing;

3.

Top capped;

4.

Both sides of the fence shall have a finished face;

5.

The fence shall have a minimum height of six (6) feet; and

6.

Construction details or shop drawings must be sealed by a civil engineer, structural engineer, or landscape architect, shall include wind load calculations certified by an engineer qualified by experience and/or training in structural evaluation in accordance with the most recently adopted International Building Code, and be provided prior to the issuance of a building permit.

c.

If a landowner selects the masonry fence option, he shall be entitled to take advantage of reduced setback requirements as set forth in the lot and building dimensional standards table for the applicable zoning district.

(a)

Purpose.

(1)

The physical appearance of the built environment is an important component of the character, value, and human experience of a community. Landscape treatment and site design function to integrate natural elements into these manmade systems, particularly architectural features and transportation infrastructure. The intent is to make Round Rock a more sustainable and attractive place in which to live, visit and do business.

(2)

Regulations must serve to provide attractive, functional and efficient landscaping, the cost of which is justified by the enhancement of property values and the creation of a sense of place through the cumulative impact of development.

(b)

Intent.

(1)

To ensure that all planting requirements serve not only to benefit the community aesthetically, but also contribute functionally whenever opportunities to do so are presented.

(2)

To utilize planting and landscape elements to mitigate the negative impacts of development by screening unsightly features, reducing the heat island effect, and buffering incompatible uses.

(3)

To provide incentives for creative subdivision and site design.

(4)

To implement site design and planting requirements which minimize the need for maintenance and utilize sound water conservation practices.

(5)

To provide for landscaping regulations that encourage the preservation of protected trees, as defined in Sec. 1-50.

(6)

To establish monarch trees as focal points that should be highlighted by proposed development.

(c)

Applicability. This section shall apply to all land area (public and private) within the zoning jurisdiction of the city and in areas where this section is in effect by contractual agreement.

(1)

Application of landscape requirements. The requirements of this section shall apply to:

a.

All new development or construction on vacant or previously developed land, that requires site plan approval;

b.

All new single-family or two-family residences in the SF-2 (Single-Family - Standard Lot), SF-3 (Single-Family - Mixed Lot), and TF (Two-Family) zoning districts. Such requirements may be found in subsection (l) below;

c.

Any change of land use which results in redevelopment of a residential use to a nonresidential use;

d.

Any change, conversion, or addition of commercial land uses that result in the requirement for additional parking to be constructed. In this case, the landscape requirements shall apply to only the newly proposed parking area and other areas of the site being modified by development activities; and

e.

Detention ponds and water quality ponds that are part of any development including residential subdivisions. Common development that encompasses more than one lot shall be treated as one for the purposes of application of this section. Split ownership, planning in phases, construction in stages, or multiple building permits for a project shall not prevent it from being considered a common development, provided that a comprehensive site plan is submitted for all portions of the development being considered as a common development.

(2)

Exemption from landscape requirements. The requirements of this section specifically shall not apply to the following:

a.

New construction of detached single-family homes in the SF-R (Single-Family - Rural), SF-1 (Single-Family - Large Lot), and SF-D (Single-Family - Downtown) zoning districts;

b.

Expansions or modifications to an existing detached single-family residence in any zoning district;

c.

Restoration of a building or structure which has been damaged, destroyed or demolished to an extent less than 50 percent of its fair market value (as determined by the most recent appraised value of the appraisal district in which the building or structure is located);

d.

Exterior or interior restoration of a designated historic structure;

e.

Medians in street rights-of-way;

f.

Ground-mounted equipment located in street rights-of-way.

(d)

Landscape plans. The submittal of landscape plans shall not be required for new homes in the SF-2, SF-3, and TF zoning districts, but shall be required with the following:

(1)

Standard site plan. Landscape requirements identified in this section and in the format specified by the development packet necessary to obtain a standard site plan approval shall be depicted on a landscape plan. This landscape plan shall be signed and sealed by a landscape architect.

(2)

Small project site plan. Landscape requirements identified in this section and in the format specified by the development packet necessary to obtain a small project site plan approval shall be depicted on a site or landscape plan. If the plan includes 10 or more trees, the plan shall be signed and sealed by a landscape architect. If the plan includes less than 10 trees, the plan shall be signed and sealed by a landscape architect, professional engineer, landscape design professional, licensed nurseryman, or urban forester.

(e)

General planting requirements.

(1)

Trees.

a.

The planting specifications and standards included in the Tree Technical Manual are applicable unless otherwise stated herein.

b.

At the time of planting, all trees shall have the following caliper measurements:

1.

Large trees: three (3) inches;

2.

Medium trees: two (2) inches;

3.

Small/ornamental trees: one (1) inch.

c.

Tree planting pits shall be 50% excavated soil and 50% prepared soil.

d.

All trees shall be planted in a pervious area no less than four (4) feet wide in any direction measured from the center of the tree, unless otherwise stated herein. Said pervious area shall be covered with mulch to a minimum average thickness of three (3) inches, except for the area within a six (6) inch radius of the tree trunk which shall have no mulch or other material above the root ball in order to prevent or reduce the possibility of bark rot.

e.

Notwithstanding the requirements of the Tree Technical Manual, the zoning administrator may allow large trees to be placed closer to a building in order to achieve an urban streetscape.

f.

All trees planted to meet the landscaping standards herein shall be protected trees regardless of size.

g.

Berms shall not encroach upon the critical root zones of existing trees, as regulated by chapter 8, Article III, Tree Protection and Preservation.

(2)

Shrubs provided to satisfy requirements for parking lot landscape buffers and screening requirements of Section 8-40 shall be evergreen and have a minimum height of 24" at time of planting.

(3)

Species Diversity. No more than 50 percent of the required trees and shrubs shall be of the same species without the approval of the zoning administrator. Such approval may only be granted in order to achieve a specific design intent of the landscape architect.

(4)

Turfgrass.

a.

Wherever sod or turfgrass is specified, such grass shall be of a drought-tolerant species.

b.

Drought-tolerant turf grass shall be limited to 50% of the lot area that is not covered by impervious cover.

c.

Where Habiturf®, Native Sun Turf™, or Thunder Turf™ are specified, the 50% coverage limitation shall not apply.

d.

Turfgrass shall not be installed between sidewalks and back of curb adjacent to street rights-of-way.

(5)

Soil Depth. Improved soils containing a minimum 20% organic content shall be provided in all required landscape areas in accordance with the following:

a.

Turf areas shall have a minimum improved soil depth of six (6) inches;

b.

Planting beds shall have a minimum depth of eight (8) inches.

(6)

Landscape Barriers and Edging.

a.

All landscaping shall be separated from vehicular use areas by some form of barrier such as raised concrete curbing, bollards, curb stops, or other suitable permanent alternative.

b.

All landscape beds shall be separated from turfgrass areas by some form of barrier such as steel edging, masonry materials, or another equivalent durable material as approved by the zoning administrator. No plastic materials shall be allowed. Provided however, the barriers may be designed in such a way to capture, filter, reuse or infiltrate rainwater with the purpose of protecting and conserving water resources.

(7)

Visibility.

a.

Landscaping shall not obstruct the view between access drives and parking aisles.

b.

Nothing shall be erected, placed, allowed to grow, or planted so that it impedes vision between the height of three (3) feet and 10 feet above the curb within a sight visibility triangle, as defined in Sec. 1-50.

(8)

No artificial plant material may be used in any form to satisfy the requirements of this section.

(9)

Any landscaping placed in utility easements shall not be counted towards the minimum landscaping requirements.

(f)

Interior parking lot landscape requirements by zoning district.

(1)

TH (Townhouse), SR (Senior), MF-1 (Multifamily - Low Density), MF-2 (Multifamily - Medium Density), MF-3 (Multifamily - Urban), C-1 (General Commercial), C-1a (General Commercial - Limited), C-2 (Local Commercial), OF-1 (General Office), OF-2 (Mid-Rise Office), BP (Business Park), PF-1 (Public Facilities - Low Intensity), PF-2 (Public Facilities - Medium Intensity), PF-3 (Public Facilities - High Intensity), MU-R (Mixed-Use - Redevelopment and Small Lot), and MU-G (Mixed-Use Greenfield and Large Lot) zoning districts.

a.

Large trees shall be provided in parking areas. The construction of off-street parking areas requires the planting of one large tree in each island so that there are no more than 10 contiguous parking spaces between islands, except as otherwise provided herein.

b.

End islands shall be provided at the terminus of each parking bay. Interrupting islands shall be provided within each parking bay as required herein. End islands and interrupting islands shall have a minimum width of nine (9) feet from face of curb to face of curb and shall contain a large tree. Head-to-head parking bays shall include two (2) such end islands.

c.

In a row of parking immediately adjacent to a perimeter parking lot landscape area, required interrupting islands may be eliminated by planting two (2) additional large trees in the adjacent landscape area for each interrupting island so eliminated.

d.

A median island with a minimum width of nine (9) feet, from face of curb to face of curb, shall be required between every six (6) single parking bays and along primary internal and external access drives. Medium or large trees shall be planted at a rate of one per each 50 linear feet or fraction thereof. Median island intervals may be expanded in order to preserve existing trees, provided an alternative median location has been approved by the zoning administrator.

e.

Other plant materials may be substituted for a large tree between the building and the first drive aisle as per the foundation landscape requirements provided in subsection (h) below. Specifically, plant materials totaling 30 foundation treatment points as set out in the table in subsection (h)(1)c. below, shall be provided in the required island for each large tree to be substituted.

f.

The preservation of existing healthy trees of a protected species, as set forth in the definition of "protected tree" in Sec. 1-50, may be used as credits towards the landscaping required by this subsection. These credits may not be used to replace an end island or median island tree unless the preserved tree is located within the required end island or median island. Each preserved tree is credited towards the adjacent 10, 20, or 30 parking spaces, accordingly:

1.

Each healthy large tree with a diameter of at least four (4) inches but less than eight (8) inches within 10 feet of a parking area will be counted as a credit towards one required parking lot tree.

2.

Each healthy protected large tree with a diameter of eight (8) inches to 20 inches preserved within 15 feet of a parking area will be counted as a credit towards two (2) required parking lot trees.

3.

Each healthy protected large tree with a diameter of more than 20 inches preserved within 20 feet of a parking area will be counted as a credit towards three (3) required parking lot trees.

g.

The area within islands and medians shall not include sod or turf grass, and shall not include more than 50 percent decorative groundcover material, unless approved by the zoning administrator. The remainder of the area shall consist of planting groundcover.

h.

Notwithstanding the requirements of the Tree Technical Manual, large trees required to meet the tree island requirements may be planted closer than 30 feet from a building, but in no event closer than 12 feet from a building.

(2)

LI (Light Industrial) and I (Industrial) zoning districts.

a.

End islands shall be provided at the terminus of each parking bay. End islands shall have a minimum width of nine (9) feet from face of curb to face of curb. Head-to-head parking bays shall include two (2) such end islands. A large tree shall be planted in each end island.

b.

The area within islands and medians shall not include sod or turf grass, and shall not include more than 50 percent decorative groundcover material, unless approved by the zoning administrator. The remainder of the area shall consist of planting groundcover.

c.

Notwithstanding the requirements of the Tree Technical Manual, large trees required to meet the tree island requirements may be planted closer than 30 feet from a building, but in no event closer than 12 feet from a building.

(g)

Parking lot landscape buffers by zoning district.

(1)

TH (Townhouse), SR (Senior), MF-1 (Multifamily - Low Density), MF-2 (Multifamily - Medium Density), MF-3 (Multifamily - Urban), C-1 (General commercial), C-1a (General commercial - limited), C-2 (Local commercial), OF-1 (General Office), OF-2 (Mid-Rise Office), BP (Business Park), LI (Light industrial), PF-1 (Public Facilities - Low Intensity), PF-2 (Public Facilities - Medium Intensity), PF-3 (Public Facilities - High Intensity), and MU-G (Mixed-Use Greenfield and Large Lot) zoning districts.

a.

Landscaping shall be provided between parking areas and all public streets in an eight-foot (8') wide linear planting bed. The minimum landscaping required for this purpose shall be based on the measured linear footage of parking including vehicular circulation routes that extend along the length of the property line (excluding ingress/egress to the public road) adjacent to the public right-of-way.

b.

The required minimum quantity of landscaping is as follows:

1.

One large tree or two small trees per 40 linear feet, or fraction thereof;

2.

One small tree per 60 linear feet, or fraction thereof; and

3.

One large shrub, small shrub, or ornamental grass per four (4) linear feet, or fraction thereof. Any combination of large shrubs, small shrubs, and ornamental grasses is acceptable.

c.

There shall be no gap between required landscaping exceeding 25 percent of the length of the landscaped area, unless approved by the zoning administrator.

d.

Notwithstanding the requirements of the Tree Technical Manual, small trees may be grouped no closer than 12 feet apart and large trees may be grouped no closer than 30 feet apart for the purpose of meeting the requirements of this subsection (g).

e.

If there are overhead utilities above the landscape area, then the required large and/or small trees may be placed in additional interrupting islands within the first row of parking adjacent to the public street. Such islands shall have a minimum width of nine (9) feet from face of curb to face of curb. In addition, the owner shall have the option of reducing the eight-foot (8') wide linear planting bed described in subsection (g)(1)a. above, to a four-foot (4') wide area to accommodate only shrubs.

f.

The area within islands and medians shall not include sod or turf grass, and shall not include more than 50 percent decorative groundcover material, unless approved by the zoning administrator. The remainder of the area shall consist of planting groundcover.

(2)

I (Industrial) zoning district.

a.

Landscaping shall be provided between parking areas and all public streets in an eight-foot (8') wide linear planting bed. The minimum landscaping required for this purpose shall be based on the measured linear footage of parking, including vehicular circulation routes that extend along the length of the property line (excluding ingress/egress to the public road) adjacent to the public right-of-way.

b.

The required minimum quantity of landscaping is as follows:

1.

One large or medium tree per 40 linear feet (75 percent of these trees shall be of a large tree);

2.

One small tree per 30 linear feet; and

3.

One large shrub per eight linear feet.

c.

Notwithstanding the requirements of the Tree Technical Manual, small trees may be grouped no closer than 12 feet apart and large trees may be grouped no closer than 30 feet apart for the purpose of meeting the requirements of this subsection (g).

d.

If there are overhead utilities above the landscape area, then the required large trees may be placed in additional interrupting islands within the first row of parking adjacent to the public street. Such islands shall have a minimum width of nine (9) feet from face of curb to face of curb. In addition, the owner shall [have] the option of reducing the eight-foot (8') wide linear planting bed described in subsection (g)(2)a. above, to a four-foot (4') wide area to accommodate only shrubs.

(3)

MU-1 (Mixed-Use Historic Commercial Core), MU-2 (Mixed-Use Downtown Medium Density) and MU-R (Mixed-Use - Redevelopment and Small Lot) zoning districts.

a.

Landscaping shall be provided between parking areas and all public open space in an eight-foot (8') wide linear planting bed. The minimum landscaping required for this purpose shall be based on the measured linear footage of parking including vehicular circulation routes that extend along the length of the property line adjacent to the public open space.

b.

The required minimum quantity of landscaping is as follows:

1.

One large tree or two (2) small trees per 40 linear feet, or fraction thereof;

2.

One small tree per 60 linear feet, or fraction thereof; and

3.

One large shrub, small shrub, or ornamental grass per four (4) linear feet, or fraction thereof. Any combination of large shrubs, small shrubs, and ornamental grasses acceptable.

c.

There shall be no gap between required landscaping exceeding 25 percent of the length of the landscaped area, unless approved by the zoning administrator.

d.

Notwithstanding the requirements of the Tree Technical Manual, small trees may be grouped no closer than 12 feet apart and large trees may be grouped no closer than 30 feet apart for the purpose of meeting the requirements of this subsection (g).

e.

The area within islands and medians shall not include sod or turf grass, and shall not include more than 50 percent decorative groundcover material, unless approved by the zoning administrator. The remainder of the area shall consist of planting groundcover.

(h)

Foundation treatment by zoning district.

(1)

SR (Senior), C-1 (General commercial), C-1a (General commercial - limited), C-2 (Local commercial), OF-1 (General Office), OF-2 (Mid-Rise Office), BP (Business Park), LI (Light industrial), PF-1 (Public Facilities - Low Intensity), PF-2 (Public Facilities - Medium Intensity), PF-3 (Public Facilities - High Intensity), and MU-G (Mixed-Use Greenfield and Large Lot) zoning districts.

a.

The purpose of this subsection (h) is to outline requirements for the treatment of landscape areas adjacent to buildings in the aforementioned zoning districts. The intent of this section is to allow a variety of landscape treatments in order to achieve particular design goals, e.g., increased building visibility, view corridors to signage, and highlighting special architectural features. Minimum requirements are determined based on the arrangement of parking in the street yard and vary according to the site plan layout. A minimum number of foundation treatment points (FTPs) must be provided based on the site layout and the categories set forth in subsection (h)(1)b. below. Notwithstanding the requirements of the Tree Technical Manual, large trees required to meet the foundation treatment requirements may be planted closer than 30 feet to a building, but in no event closer than 12 from a building.

b.

Foundation treatment points (FTP) determination by category.

1.

Category 1: Building with three (3) or more single parking bays in the street yard.

For Category 1 site plans, FTP requirements are determined by multiplying the linear footage of the building's street-facing facades by a factor of four (4). For example, a Category 1 building with 100 linear feet of street-facing facade requires 400 FTPs (100 x 4 = 400).

2.

Category 2: Building with one or two (2) single parking bays in the street yard.

For Category 2 site plans, FTP requirements are determined by multiplying the linear footage of the building's street-facing facades by a factor of three (3). For example, a Category 2 building with 100 linear feet of street-facing facade requires 300 FTPs. (100 x 3 = 300).

3.

Category 3: Buildings with no parking in the street yard.

For Category 3 site plans, FTP requirements are determined by multiplying the linear footage of the building's street-facing facades by a factor of two (2). For example, a Category 3 building with 100 linear feet of street-facing facade requires 200 FTPs. (100 x 2 = 200).

c.

Foundation treatment point credits. The number of required FTPs shall be achieved by providing a combination of no less than three (3) of the following elements contained in the table below to be located between the building and the first drive aisle. Additional elements may be considered and a point value will be established by the zoning administrator on a case by case basis.

(i)

Irrigation.

(1)

Underground automatic system. All required landscape areas shall be irrigated by an underground automatic system. Shrub, groundcover, and perennial planting areas shall use drip irrigation. Turfgrass areas may utilize spray heads. This system shall adhere to manufacturer specifications and the rules and regulations established by TCEQ or successor agency. In addition, an irrigation system must be designed by a landscape architect or irrigator licensed by the state as described in subsection (i)(3) below.

(2)

System requirements. An irrigation system shall comply with the following:

a.

Sprinkler head spacing shall be designed for head-to-head coverage and adjusted for prevailing winds. The system shall promote minimum runoff and minimum overspray onto non-irrigated areas (i.e., paving, walkway, buildings).

b.

Sprinkler heads shall have matched precipitation rates within each control valve circuit.

c.

Adjustable flow controls shall be required on circuit remote control valves. Pressure regulation components shall be required where static pressure exceeds manufacturer's recommended operating range.

d.

Valves and circuits shall be separated based on water use requirements, so that turf areas can be watered separately from shrubs, trees and groundcover areas. A minimum of one bubbler each shall be provided for all large and medium size trees, except 4" caliper or larger trees shall have a minimum of two (2) bubblers.

e.

Serviceable check valves shall be required where elevation differential may cause low head drainage adjacent to paving areas.

f.

All automatic irrigation systems shall be equipped with an electronic controller capable of dual or multiple programming. Controller(s) shall have multiple cycle start capacity and a flexible calendar program, including the capability of being set to water every five (5) days.

g.

All automatic irrigation systems shall be equipped with a rain and freeze sensor shut-off device that will automatically shut down the irrigation system when the ambient temperature falls below 40 degrees Fahrenheit.

h.

Drip irrigation shall have flag heads at the end of the drip tubing.

i.

Irrigation systems must be inspected at least once every three years by an inspector who holds a license in compliance with the below subsection (3) License requirements. The results of the inspection shall be submitted to the Public Works Director within 30 days following the inspection. This requirement shall not apply to irrigation systems installed on residential properties in the SF-R (Single-Family—Rural); SF-1 (Single-Family—Large Lot); SF-2 (Single-Family—Standard Lot); SF-3 (Single-Family—Mixed Lot); SF-D (Single-Family—Downtown); and TF (Two-Family) zoning districts.

(3)

License requirements.

a.

Any person who connects an irrigation system to the water supply within the city or the city's extraterritorial jurisdiction must hold a valid license, as defined by 30 Tex. Admin. Code ch. 30 and required by V.T.C.A., Occupations Code ch. 1903, or as defined by 22 Tex. Admin. Code ch. 365 and required by V.T.C.A., Occupations Code ch. 1301.

b.

A property owner is not required to be licensed in accordance with V.T.C.A., Occupations Code, § 1903.002(c)(1) if he is performing irrigation work in a building or on premises owned or occupied by the person as the person's home. A home or property owner who installs an irrigation system must meet the standards contained in 30 Tex. Admin. Code ch. 344 regarding spacing, water pressure, spraying water over impervious materials, rain or moisture shut-off devices or other technology, backflow prevention and isolation valves. See V.T.C.A., Occupations Code § 1903.002 for other exemptions to the licensing requirement.

(4)

Permit required.

a.

Any person installing an irrigation system within the city limits or extraterritorial jurisdiction is required to obtain a permit from the city. Any irrigation plan approved for a permit must be in compliance with the requirements of 30 Tex. Admin. Code ch. 344.

b.

Exemptions.

1.

An irrigation system that is an on-site sewage disposal system, such as gray water irrigation, as defined by V.T.C.A., Health and Safety; or

2.

An irrigation system used on or by an agricultural operation as defined by V.T.C.A., Agriculture Code § 251.002.

c.

The city building inspections department shall be responsible for issuing irrigation system permits and collecting fees. To obtain a permit an applicant must submit a plan, complete an application provided by the department, and pay the applicable fee.

(5)

Water conservation. All irrigation systems shall be designed, installed, maintained, altered, repaired, serviced, and operated in a manner that will promote water conservation.

(6)

Design, installation and operation. V.T.C.A., Occupations Code § 1903.053 (standards), and 30 Tex. Admin. Code ch. 344, as amended, are hereby incorporated by reference as the minimum standards and specifications for designing, installing, and operating an irrigation system within the city or the city's extraterritorial jurisdiction.

(7)

Items not covered by the subsection. Any item not covered by this subsection and required by law shall be governed by V.T.C.A., Occupations Code, V.T.C.A., Water Code, 30 Tex. Admin. Code, and any other applicable state statute or Texas Commission on Environmental Quality rule.

(8)

Fees. The fees for obtaining and renewing an irrigation permit may be found in Sec. 8-106. These fees will be in amounts sufficient to cover the city's costs in issuing and renewing the permits, including but not limited to staff time and other overhead costs.

(9)

Enforcement.

a.

The city shall have the power to administer and enforce the provisions of this subsection as may be required by governing law. Any person, firm, corporation or agent who shall violate a provision of this Code, or fails to comply therewith, or with any of the requirements thereof, is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this subsection is declared to be a nuisance.

b.

Nothing in this subsection shall be construed as a waiver of the city's right to bring a civil action to enforce the provisions of this subsection and to seek remedies as allowed by law, including but not limited to the following:

1.

Injunctive relief to prevent specific conduct that violates the subsection or to require specific conduct that is necessary for compliance with the subsection; and

2.

Other available relief.

(j)

Alternative compliance.

(1)

In cases where a particular site opportunity exists; a creative design has been proposed; or where there is an unusual site encumbrance, an application for an alternative landscape plan which does not strictly comply to the standards of this section may be submitted for approval to the zoning administrator. If the zoning administrator denies the application for the alternative plan, the applicant may, within 15 business days after receipt of notice of such denial, appeal the decision to the zoning board of appeals (ZBA).

(2)

An application for alternate compliance must include a letter stating how the plan meets the purpose and intent of the Code and the details of the methods used to meet such intent. In addition, a comparison detailing the landscape elements required to satisfy strict compliance versus the alternative plan must be provided.

(3)

In rendering a decision on an alternate compliance plan, the zoning administrator shall consider appropriate circumstances including, but not limited to:

a.

Does the plan result in a creative arrangement of new large or medium trees?

b.

Does the plan maximize water conservation?

c.

Does the plan minimize the removal of existing trees or alteration of other significant natural features, such as rock outcroppings, floodplain or waterways?

d.

Is the plan contextually comparable to surrounding developments in the immediate area?

e.

Is the site encumbered by easements that prohibit placement of landscaping as required by this section?

(k)

Implementation.

(1)

Inspection. Prior to the issuance of a certificate of occupancy for the project, a landscape architect, or the identified professional as determined for small project site plans, shall inspect each site and certify on the appropriate city form that the site meets the requirements of this section and conforms to the approved site plan and/or landscape plan. Upon receipt of the certification, the zoning administrator shall verify that all requirements have been met.

(2)

Certificates of occupancy.

a.

Prior to the issuance of a certificate of occupancy, the developer/owner shall either have completed the installation of all required landscaping or shall file with the zoning administrator fiscal security (by bond, certificate of deposit, letter of credit or cash security) satisfactory to the city, in the amount of a contractor's estimate using current market prices for materials and installation of the required landscaping plus a 20 percent contingency. The contractor's estimate shall be subject to the approval of the zoning administrator.

b.

Any developer/owner wishing to file fiscal security must also grant license to the city to enter upon the land for the purposes of installing the required landscaping in the event of nonperformance.

c.

Except as provided in subsection d. below, all required landscaping must be installed or planted no later than 45 days from the issuance of a certificate of occupancy unless otherwise approved in writing by the city.

d.

In the event that mandatory water restrictions have been implemented by the city council or city manager in accordance with Sec. 44-233 of the Code of Ordinances, the developer/owner shall comply with the applicable restrictions and regulations contained therein.

(3)

Maintenance.

a.

All required landscaping, irrigation systems, fences, walls, berms, vegetation and other landscape components shall be maintained by the owner or agent in a healthy, safe and operating condition.

b.

Maintenance practices shall consist of all regular and normal maintenance operations of landscaping including, but not limited to, weeding, irrigation, fertilizing, pruning, mowing and litter pick-up. Plant material that exhibits severe levels of insect or pest infestation, disease and/or damage, shall be appropriately treated, and all dead plant material shall be removed and replaced with living plant material where required according to the city approved plan for the site.

c.

Street right-of-way between a property line and curb or street pavement adjoining the property shall be maintained by the adjacent landowner.

d.

It shall be the responsibility of the owner to maintain and properly irrigate all landscaping required by this section. Failure to replace dead or diseased plant material within 30 days of written notification by the city shall constitute a violation of the zoning ordinance.

e.

It shall be unlawful for any person to damage required landscaping through tree topping, over pruning or chemical poisoning. It shall be an affirmative defense that a maintenance/pruning plan was approved by the zoning administrator and that the work was performed in compliance with said approved plan. In the event that required landscaping has been so severely damaged due to tree topping, over pruning or chemical poisoning that it has died, the developer/owner shall replace the landscaping within 45 days of written notice from the city.

(l)

Requirements for new construction of single-family and two-family residences in the SF-2 (Single-family - Standard Lot), SF-3 (Single-family - Mixed Lot), and TF (Two-family) zoning districts.

(1)

Turfgrass Requirements.

a.

Drought-tolerant turf grass shall be limited to 50% of the lot area that is not covered by buildings or hardscaping.

b.

Where Habiturf®, Native Sun Turf™, or Thunder Turf™ are specified, the 50% coverage limitation shall not apply.

c.

Improved soils with a minimum of 20% organic content and soil depth of six (6) inches shall be provided for turfgrass areas.

d.

Turfgrass shall not be installed between sidewalks and back of curb adjacent to street rights-of-way.

(2)

Tree Requirements.

a.

The front yard of all residential lots shall contain trees at the following minimum rate, according to lot width at the front building line:

b.

Residential lots that abut parks, trails, or similar public open spaces on the side or rear yard shall contain a minimum of one (1) large tree in each yard that abuts said space.

c.

All large trees shall have a caliper of three (3) inches at time of planting and shall be container grown.

d.

Large trees shall not be planted closer than five (5) feet to any lot line, fire hydrant, underground utility (excluding irrigation), or water meter box, and no closer than four (4) feet to any sidewalk, driveway, or curb.

e.

All minimum required trees shall be in conformance with the preferred species listed in the tree technical manual.

(3)

General Planting Requirements.

a.

Landscape planting beds shall provide improved soil with a minimum of 20% organic content and minimum improved soil depth of eight (8) inches.

b.

Nothing shall be erected, placed, allowed to grow, or planted so that it impedes vision between the height of three (3) feet and 10 feet above the curb within a sight visibility triangle.

c.

No artificial plant material may be used in any form to satisfy the requirements of this section.

(4)

Irrigation.

a.

Underground irrigation shall not be required for landscaped areas. However, should underground irrigation be implemented it shall be in accordance with subsection (i) above.

b.

Where installed, drip irrigation shall be utilized for planting beds and planting areas between sidewalk and back of curb adjacent to street rights-of-way.

c.

Irrigation may be supplemented with a rainwater harvesting system.

(Ord. No. O-2022-236, § I, 7-14-2022; Ord. No. O-2024-266, § XXXVIII, 9-26-2024; Ord. No. O-2025-044, § II, 2-13-2025)

(a)

Trees have a positive economic effect on the city by enhancing property values, mitigating drainage and flooding issues, improving air quality, helping save energy, and improving health and quality of life, thereby making the city a more attractive place in which to live, visit and do business. The purpose and intent of this article is:

(1)

To protect, maintain and manage the city's existing forest resources by providing regulations relating to the cutting, removal or destruction of protected trees;

(2)

To encourage a resourceful and prudent approach to urban development of wooded areas;

(3)

To minimize tree loss and provide for replacement of trees removed and destroyed resulting from development;

(4)

To provide an objective method to evaluate a development's impact on trees and wooded areas and identify whether and how the impact may be reduced;

(5)

To provide incentives for creative subdivision and site design which preserve trees while allowing development in wooded areas; and

(6)

To provide for the enforcement and administration of tree protection, thereby promoting and protecting the public health, safety and welfare and enhancing the quality of life.

(7)

To clearly define protected trees and monarch trees and ways in which their encroachment limits differ.

(8)

To clearly define the limitations for encroachment of hazardous activities related to protected trees and monarch trees.

(9)

To define the penalties for violation of the encroachment limits for protected trees and monarch trees.

(a)

It is unlawful for any person to remove any protected tree without first securing a tree removal permit as specified in Sec. 8-19.

(b)

It is unlawful for any person to damage a protected tree, such as through tree topping, over pruning or chemical poisoning.

(c)

It is unlawful for a person to continue work or removal of trees after the forestry manager or zoning administrator has issued a stop work order.

(d)

It is unlawful for a person to engage in any hazardous activities as described in Sec. 8-22(d), which causes damage to the crown or trunk or disturbs the critical root zone of a protected tree without the written approval of the forestry manager.

(a)

Size. Except as provided below, a tree having a diameter of eight inches or more is a protected tree:

(1)

On all developed lots in zoning districts SF-1, SF-2, SF-3, SF-D, MH, TF, and MU-L, and on developed lots smaller than 15,000 square feet in all other zoning districts, only monarch trees are protected trees.

(2)

On all undeveloped lots in zoning districts SF-1, SF-2, SF-3, SF-D, MH, TF, and MU-L, and on undeveloped lots smaller than 15,000 square feet in all other zoning districts, trees having a diameter of 20 inches or more are protected trees.

(b)

Type. Trees of all species that meet the size requirement in subsection (a) of this section are protected, except for Celtis occidentalis (Hackberry), Melia azedaragh (China-Berry), Sapium sebiferum (Chinese Tallow), Maclura pomifera (Osage-orange), Juniperus ashei (Texas Common Cedar), and Prosopis glandulosa (Honey Mesquite).

(c)

Monarch tree. Except as provided in Sec. 8-25, any tree designated as a monarch tree pursuant to Sec. 8-18 is a protected tree that cannot be removed, unless its designation is removed; and the designation of a monarch tree shall not be removed without city council action, as provided for in Sec. 8-18.

(d)

Measurement of trees. Tree size is determined by measuring the diameter at 4½ feet above the ground level. Trees that split into multi-trunks below 4½ feet shall use the sum the largest trunk and one-half of the diameter of each additional trunk measured 4½ feet above the natural grade level to determine the diameter.

(a)

Champion tree registry. The forestry manager shall identify the largest tree within a tree species within the city limits and list the trees in the city's champion tree registry as champion trees. The champion tree registry shall be adopted by city council and reviewed from time to time and adjusted as necessary. The city council shall consider the champion tree registry when adopting or amending monarch tree criteria.

(b)

Designation of monarch trees. All trees of the following species and size or larger are designated as monarch trees:

(c)

Removal of designation. A written request by the property owner for removal of a monarch tree designation may be submitted to the zoning administrator for consideration by the city council. After city council approval of a monarch tree designation removal, the city clerk shall notify the property owner in writing of the designation removal.

(d)

Designation by the city council.

(1)

Nomination. The city council may consider designating a tree as a monarch tree upon the nomination by any person and with the written consent of the property owner.

(2)

Designation. A tree may be designated a monarch tree by the city council upon a finding that it is unique and of importance to the community due to any of the following:

a.

It is an outstanding specimen of a desirable species;

b.

It is one of the largest or oldest trees in the city; or

c.

It possesses a distinctive form, size, age, location, and/or historical significance.

(3)

Notification. After city council approval of a monarch tree designation, the city clerk shall notify the property owner in writing of the designation.

(4)

Removal of designation. A written request by the property owner for removal of a monarch tree designation may be submitted to the zoning administrator for consideration by the city council. After city council approval of a monarch tree designation removal, the city clerk shall notify the property owner in writing of the designation removal.

(a)

Applicability of Sec. 8-19. A dead tree is not considered a protected tree and is not subject to the tree removal permit requirements set forth in this section. The process for removal of a dead tree that was previously designated a monarch tree by city council or was considered a protected tree at the time it was alive, is as follows:

(1)

For removal of a dead tree that was previously designated a monarch tree by the city council:

a.

A property owner shall request that the forestry manager inspect the tree.

b.

The forestry manager shall inspect the tree within 15 working days of the request and determine if the tree is dead or alive.

c.

Upon a determination by the forestry manager that the tree is dead, the city manager shall approve or deny the removal request.

If the forestry manager determines that the tree is still alive, and the property owner wishes to remove the tree, the owner must comply with the protected tree removal permit process set forth in this section.

(2)

For removal of a dead tree that was not previously designated a monarch tree by the city council, but was considered a protected tree at the time it was alive:

a.

A property owner shall request that the forestry manager inspect the tree.

b.

The forestry manager shall inspect the tree within 15 working days of the request and determine if the tree is dead or alive.

c.

Upon a determination by the forestry manager that the tree is dead, the forestry manager shall approve or deny the removal request.

If the forestry manager determines that the tree is still alive, and the property owner wishes to remove the tree, the owner must comply with the protected tree removal permit process set forth in this section.

(b)

Protected tree removal permit process.

(1)

Protected tree removal permit. This process is reserved for those situations provided for in Sec. 8-21 and where the subdivision process or site plan process does not apply. Unless the removal is part of the subdivision process or the site plan process, a protected tree shall not be removed without a permit. In all other cases, a permit is required to remove a protected tree. By way of clarification, a permit is required to remove a protected tree as part of the application for a building permit for lots zoned SF-1, SF-2, SF-3, SF-D, MH and TF. Applications for protected tree removal permits are reviewed by the forestry manager or his designee.

(2)

Tree removal permit application. The application for a protected tree removal permit shall be made by the owner of the property on which the protected tree is located, and shall be accompanied by documentation showing:

a.

The approximate location of the tree;

b.

The diameter of the tree trunk measured at 4 1/2 feet above grade;

c.

The approximate drip line of the tree;

d.

The species and/or common name of the tree;

e.

The approximate size of the lot, tract or parcel on which the tree is located;

f.

Reason for the proposed removal;

g.

Such other information as required by Chapter 2, Zoning, or as otherwise may be reasonably required by the forestry manager; and

h.

A tree replacement plan, as provided for in Sec. 8-20.

(3)

Application review. Upon receipt of the application, the forestry manager shall inspect the subject tree and approve or deny the application in accordance with the provisions of this article.

(4)

Processing of application. An application for a protected tree removal permit shall be processed within 15 working days from the date the application is received.

(5)

Tree protection removal and replacement.

a.

Except as specifically provided in Sec. 8-21, replacement trees shall be required if any protected tree is removed. See Sec. 8-20 for tree replacement requirements.

b.

A tree replacement plan shall accompany any tree removal permit application. The tree replacement plan will be reviewed in conjunction with the protected tree removal permit application and will be approved or denied by the forestry manager.

(c)

Protected tree removal through the subdivision process. Tree removal requests, tree surveys and tree replacement plans for all projects requiring plat approval shall be submitted in conjunction with the subdivision approval process. An electronic copy of the tree survey list, including mitigation calculations, shall be provided with the application.

(1)

Tree survey.

a.

A tree survey, a tree protection plan, and a tree replacement plan will be reviewed by the zoning administrator as part of the plat approval and subdivision construction improvement acceptance process. The tree survey shall include all trees in the subdivision and off-site trees whose critical root zones encroach into the subdivision or limits of construction.

b.

A tree survey will not be required if a land surveyor certifies that there are no protected trees on the proposed subdivision, or trees whose critical root zones encroach within the limits of construction.

c.

A partial tree survey may be permitted if the zoning administrator determines that the replacement and protection requirements of this article have been met.

d.

A tree inventory in lieu of a tree survey may be accepted by the zoning administrator to document trees outside of the limits of construction shown on the subdivision improvement construction plans provided that the critical root zones of said trees do not encroach into the limits of construction.

e.

A request to use a tree inventory or a partial tree survey shall be made in writing to the zoning administrator in conjunction with the concept plan submittal. The zoning administrator shall provide written notification approving or disapproving the request within the concept plan review cycle.

(2)

Tree removal.

a.

The developer of a subdivision who finds it necessary to remove one or more of the protected trees on the site may remove a limited number of said protected trees without being subject to the tree replacement requirements of Sec. 8-20. In order for a subdivision site to qualify under this Section, the zoning administrator shall first calculate the total number of diameter inches of protected trees on the site. Then the developer may remove protected trees whose total diameters are not more than 30 percent of the diameter inches of all protected trees on the site. Provided however, this Section shall first be applied to the smallest protected tree on the site and then to the remainder of the protected trees in ascending order according to their diameters. If the developer wishes to remove more than 30 percent of the diameter inches of all protected trees on the site, the developer shall comply with the requirements of Section 8-20 for trees in excess of said 30 percent.

b.

The tree replacement plan pursuant to Sec. 8-20 will be reviewed in conjunction with the preliminary plat review or subdivision improvement permit review process.

(d)

Protected tree removal through the site development permit process. Tree removal requests, tree surveys, tree protection plans and tree replacement plans for all projects requiring site plan approval, shall be submitted to the zoning administrator, as part of the site plan application approval process. An electronic copy of the tree survey list, including mitigation calculations, shall be provided with the application.

(1)

Tree survey.

a.

A tree survey, tree protection plan, and tree replacement plan shall accompany all site plans submitted in accordance with Sec. 10-45 of this code and will be reviewed by the zoning administrator. The tree survey shall include all trees on the subject site and off-site trees whose critical root zones encroach onto the site or limits of construction.

b.

A tree survey will not be required if a land surveyor certifies that there are no protected trees on the proposed site or within the limits of construction.

c.

A partial tree survey may be permitted if the zoning administrator determines that the replacement and protection requirements of this article have been met.

d.

A tree inventory in lieu of a tree survey may be accepted by the zoning administrator to document trees outside the limits of construction provided that the critical root zones of said trees do not encroach into the limits of construction.

e.

A request to use a tree inventory or a partial tree survey shall be made in writing to the zoning administrator in conjunction with the preliminary site plan submittal. The zoning administrator shall provide written notification approving or disapproving the request within the preliminary site plan review cycle.

(2)

Tree removal.

a.

A developer of a project who finds it necessary to remove one or more of the protected trees on the site may remove a limited number of said protected trees without being subject to the tree replacement requirements of Sec. 8-20. In order for a site to qualify under this Section, the zoning administrator shall first calculate the total number of diameter inches of protected trees on the site. Then the developer may remove protected trees whose total diameters are not more than 30 percent of the diameter inches of all protected trees on the site. Provided however, this Section shall first be applied to the smallest protected tree on the site and then to the remainder of the protected trees in ascending order according to their diameters. If the developer wishes to remove more than 30 percent of the diameter inches of all protected trees on the site, the developer shall comply with the requirements of Sec. 8-20 for trees in excess of said 30 percent.

b.

A tree replacement plan and tree protection plan shall accompany the site development permit application to the zoning administrator. The tree replacement plan and tree protection plan will be reviewed in conjunction with the site development permit application and will be approved or denied by the zoning administrator.

c.

When replacement trees are required, replacement shall be in accordance with Sec. 8-20.

(3)

Reduced parking space requirement for preserving larger protected trees. A property owner who preserves a protected tree having a diameter of 15 inches or more and who does not disturb more than 25 percent of the said tree's critical root zone shall qualify for a parking space credit as set forth herein. The property owner shall be entitled to reduce his/her parking requirement by one parking space for each 162 square feet of area, or fraction thereof, left undeveloped in order to preserve the protected tree. However, in no case shall the owner receive a reduction in parking spaces in excess of ten percent of the total required parking spaces. See Sec. 8-22(c) below regarding the disturbance a monarch tree's critical root zone.

(a)

Requirements and regulations.

(1)

Except as expressly provided herein, when protected trees are removed, tree replacement shall be required.

(2)

Replacement trees of the same or similar species as the protected tree to be removed shall be planted as required in the tree replacement schedule in subsection (a)(6) of this section. Each replacement tree shall be a minimum of three inches caliper and a minimum of ten feet in height and five (5) foot spread, when planted. All replacement trees shall comply with generally accepted criteria such as those provided in the Tree Technical Manual.

(3)

Each replacement tree shall have an underground automatic irrigation system and watering schedule in accordance with the generally accepted methods in the Tree Technical Manual.

(4)

Each replacement tree shall be planted on the same subdivision or development site from which the tree was removed. In the event that there is not a suitable location for the replacement tree(s) on the same site, as determined and certified by a landscape architect and approved by the zoning administrator, or if the zoning administrator determines that replacement trees are unable to survive on the site based on information submitted by the landscape architect, the owner of the site will be allowed to do one of the following if approved by the zoning administrator:

a.

Make a cash payment into the tree fund in accordance with the tree replacement schedule provided in subsection (a)(6) below, which shall be used to fund tree plantings or tree replacement on public property; or

b.

Plant trees on public property according to the tree replacement schedule provided in subsection (a)(6) below, as approved by the forestry manager.

(5)

Replacement trees required under the subdivision process shall be planted no later than two years from the date of the acceptance letter for the subdivision public improvements, provided that fiscal security is posted in accordance with Sec. 8-23.

(6)

The tree replacement schedule is provided below and the replacement inches shall be calculated as follows: Total diameter of trees in a single category multiplied by the tree replacement ratio for that category equals the tree replacement required for that category of trees. The tree replacement ratio applies to the diameter of the existing tree to be removed.

Example: If an existing 12-inch tree is removed, 12 inches of tree replacement results or a fee of $1,800.00 shall be paid (12 inches multiplied by $150.00). If an existing 20-inch tree is removed, 40 inches of tree replacement results or a fee of $6,000.00 shall be paid (20 inches multiplied by $300.00).

(7)

Except as provided herein, any replacement tree that dies prior to the expiration of two years after a site development or subdivision improvement permit acceptance letter is issued shall be replaced by the developer or owner. This paragraph shall not apply to any replacement trees planted on lots zoned for single-family or two-family uses.

(8)

All replacement trees shall be considered protected trees regardless of size.

(b)

Tree replacement fee.

(1)

Fees are based on the ratios in the table in subsection (a)(6) above. Payment is calculated as currently established or as hereafter adopted by resolution of the city council from time to time.

(2)

The tree replacement fee shall be tendered in the form of a cashier's check or other form of payment acceptable by the city, payable to the city.

(3)

The cashier's check or other form of payment acceptable by the city shall be submitted to the zoning administrator at the time of site plan approval; prior to subdivision construction plan acceptance; prior to plat recordation; or upon the tree removal permit approval, depending on the applicable review process.

(c)

Tree credits.

(1)

Except for those species listed in Sec. 8-17(c), trees with diameters of three or more inches and less than eight inches located on-site may be credited toward the replacement trees required under this article. For applicable lots under Sec. 8-17(a)(2), trees with diameters of three to 19 inches located on-site may be credited toward the replacement trees required under this article.

(2)

Up to 50 percent of the inches to be replaced may be done through tree credits.

(3)

The trees selected for consideration toward the amount of replacement trees required shall be indicated on the tree survey and the tree replacement plan.

(4)

The trees shown on the tree survey and the tree replacement plan as the trees proposed for tree credits shall be protected in the same manner as a protected tree.

(5)

The forestry manager or zoning administrator, as appropriate, will review the trees proposed for tree credits provided in the tree survey and tree replacement plan and will approve or deny the use of the recommended trees as credits toward the replacement trees required. The review of the forestry manager or the zoning administrator, as appropriate, shall be based on the assessed health, structure, habit, disease, or decline of the tree.

(a)

A protected tree may be removed without replacement, provided approval is granted under Sec. 8-19, and one of the following conditions exists:

(1)

The protected tree is damaged by natural causes or is diseased beyond the point of recovery;

(2)

The protected tree should be removed as a safety measure because it is in danger of falling;

(3)

The protected tree threatens to damage property;

(4)

The location of the protected tree prevents reasonable access to the property; or

(5)

The location of the protected tree precludes all reasonable and lawful use of the property on which it is located.

(b)

Transplanting a protected tree to a suitable location on the same property or off-site, as approved under Sec. 8-20, shall not require replacement, provided that the owner complies with the generally accepted transplanting methods described in the Tree Technical Manual and posts either a cash deposit or a letter of credit. The letter of credit shall be in a form acceptable to the city attorney, in the amount of 100 percent of the tree replacement fee required by Sec. 8-20. The city may draw on the letter of credit if, within two years of the date of the above-described transplanting, the forestry manager reasonably determines that the tree is dead or is in such a state of decline that it is likely to die. In that event, the cash deposit or the amount drawn on the letter of credit shall be deposited in the tree fund.

(a)

Critical root zone. During construction, temporary tree protection devices shall be installed at least to the limit of the critical root zone or drip line, whichever is greater, for any protected tree to be preserved when the respective critical root zone is within the limits of construction. The temporary tree protection device shall consist of a chain link fence with a minimum height of five feet with posts located at a maximum spacing of 10 feet installed in a manner that is nonintrusive to any tree canopy and critical root zone.

(b)

Disturbance of critical root zone for protected trees.

(1)

If any of the hazardous activities described in subsections (d)(3), (4), (5), (8) or (9) below, occurs within six feet of the trunk of a protected tree, such tree shall be considered removed and shall be replaced as required herein.

(2)

If disturbance of the critical root zone of a protected tree occurs more than six feet from the trunk and is 25 percent or less of the critical root zone, no replacement or mitigation shall be required.

(3)

If disturbance of the critical root zone of a protected tree exceeds 40 percent of the critical root zone, such tree shall be considered removed and its removal shall be mitigated as set forth in Sec. 8-20.

(4)

If disturbance of the critical root zone of a protected tree occurs more than six feet from the trunk and is 40 percent or less, but exceeds 25 percent, the owner shall be required to mitigate such disturbance by selecting one of the following methods:

a.

The owner shall replace 50 percent of the tree replacement inches or pay 50 percent of the tree replacement fee required by Sec. 8-20; or

b.

The owner shall post either a cash deposit or a letter of credit in a form acceptable to the city attorney, in the amount of 100 percent of the tree replacement fee required by Sec. 8-20. The city may draw on the letter of credit if, within two years of the date of the above-described disturbance, as determined by the zoning administrator, the zoning administrator reasonably determines that the tree is dead or is in such a state of decline that it is likely to die. In that event, the cash deposit or the amount drawn on the letter of credit shall be deposited in the tree fund.

(c)

Disturbance of critical root zone for monarch trees.

(1)

It shall be unlawful for any of the hazardous activities described in subsections (d)(3), (4), (7), (8) or (9) below to encroach into the enhanced critical root zone of a monarch tree. The enhanced critical root zone shall be defined as the area within 75% of the radial distance of the critical root zone. For example, a 40" diameter live oak having a 40-foot radius critical root zone has a 30-foot radius enhanced critical root zone.

(2)

Hazardous activities as described in subsections (d)(3), (4), (7), (8) or (9) below may impact a maximum of 10% of the critical root zone of a monarch tree. Any impact shall comply with the requirement described in subsection (c)(1) above and be approved by the zoning administrator.

(3)

Hazardous activities as described in subsections (d)(1), (2), (5) or (6) below, are prohibited anywhere within the critical root zone of a monarch tree.

(4)

Any pruning or trimming of a protected tree designated as a monarch tree shall only occur if the forestry manager or zoning administrator has granted a monarch tree trimming permit.

(d)

Hazardous activities. Activities hazardous to the health of any protected tree being preserved are prohibited, including but not limited to the following and as generally described in the Tree Technical Manual:

(1)

Physical damage. Any physical damage, including tree topping and/or excessive pruning.

(2)

Equipment cleaning and liquid disposal. Cleaning equipment, depositing or allowing harmful liquids to flow overland within the limits of the critical root zone. This includes paint, oil, solvents, asphalt, concrete, mortar, tar or similar materials.

(3)

Grade changes. Grade changes (cut or fill) within the limits of the critical root zone unless adequate construction methods are approved by the forestry manager or zoning administrator, as appropriate.

(4)

Impervious paving. Paving with asphalt, concrete or other impervious materials within the limits of the critical root zone in a manner which may reasonably be expected to kill a tree.

(5)

Material storage. Storing materials intended for use in construction or allowing waste materials due to excavation or demolition to accumulate within the limits of the critical root zone.

(6)

Tree attachments. Attaching to a tree any signs, wires, or other items, other than those of a protective nature.

(7)

Vehicular traffic. Vehicular and/or construction equipment traffic, parking, or storage within the limits of the critical root zone, other than on pre-existing or approved pavement. This restriction does not apply to single incident access within the critical root zone for purposes of clearing underbrush, vehicular access necessary for emergency services, routine utility maintenance, emergency restoration of utility service, or routine mowing operations.

(8)

Utility encroachment. Installation of utilities and appurtenances within the critical root zone or crown except as otherwise approved by the forestry manager or zoning administrator, as appropriate.

(9)

Excavation and trenching. Excavation and trenching within the limits of the critical root zone, except as otherwise approved by the forestry manager or zoning administrator, as appropriate.

(e)

Plans. Details and notes prohibiting the above activities as generally provided in the Tree Technical Manual shall be included on all tree protection plans and tree replacement plans.

(a)

Posting of fiscal at subdivision. The owner must post fiscal security with the city prior to a request for recordation of the final plat or prior to subdivision construction plan acceptance, whichever comes first, if the replacement trees required under the approved tree replacement plan have not been installed and accepted by the zoning administrator.

(b)

Posting of fiscal for phased site plans. The owner must post fiscal security with the city if the tree replacement plan is to be implemented in phases as part of an approved site plan that is in phases. This fiscal security is intended to apply to those situations where protected trees are removed in one phase of the development and the replacement trees are intended to be planted in a subsequent phase of the development. The fiscal security must be posted prior to final site plan approval.

(c)

Amount. The amount of fiscal security posted by the owner shall equal the estimated cost plus ten percent to complete the approved tree replacement plan. The owner's landscape architect shall provide the zoning administrator with a sealed opinion of the probable cost for his approval.

(d)

Time. The fiscal shall be posted for a two-year time period.

(e)

Administrative fee. The owner shall pay an administrative fee equal to five percent of the amount to be posted for all fiscal posting.

(f)

Types. In a form approved by the city attorney, an owner may post as fiscal security:

(1)

Cash;

(2)

A performance bond; or

(3)

A letter of credit.

(g)

Expenditure of fiscal security. The city may draw on the fiscal security and pay the cost of completing the tree replacement plan approved if it determines that the owner has breached the obligations secured by the fiscal security or the two-year time period for the installation of the replacement trees has expired. The city shall refund the balance of the fiscal security, if any, to the owner. The owner shall be liable for the cost that exceeds the amount of fiscal security, if any, including any costs incurred by the city to draw on the fiscal security.

(h)

Return of fiscal security. The city shall return the fiscal security to the owner when final inspection approval is provided by the zoning administrator.

This article will be administered and enforced by the forestry manager and the zoning administrator.

(a)

Administration.

(1)

The role of the forestry manager is to:

a.

Provide technical advice to the zoning administrator regarding trees;

b.

Provide technical advice regarding protected trees and tree replacement plans to the PDS director through the plat review process;

c.

Approve or disapprove of the removal of protected trees unrelated to the site plan or subdivision processes; and

d.

Review and recommend updates to this tree protection and preservation ordinance and the Tree Technical Manual.

(2)

The role of the zoning administrator is to approve or disapprove protected trees to be preserved, removed, or replaced as part of the site plan and subdivision process.

(3)

The role of the planning and zoning commission is to approve or disapprove protected trees to be preserved, removed, or replaced as part of the subdivision process.

(b)

Enforcement.

(1)

Inspections. The forestry manager and zoning administrator are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this article.

(2)

Powers and duties. The forestry manager and zoning administrator shall have the following powers:

a.

To enforce the provisions of this article, file complaints in municipal court against persons who violate any of its provisions.

b.

To enter any premises for the purpose of inspecting the trees provided for in the tree surveys and tree replacement plans; the protection of trees on the site; the trees being installed; the trees being removed or to perform his/her official duties.

c.

To ensure compliance with this article where a tree replacement plan has been submitted and approved.

d.

To issue a stop work order to a person to cease performing any work being done without a requisite permit or otherwise in violation of this article.

(3)

Faulty work.

a.

If the installation of replacement trees are found to be of substandard quality, incorrectly or defectively installed or found not to be installed in accordance with the tree replacement plan and the Tree Technical Manual, the forestry manager or zoning administrator, as appropriate, shall notify the owner in writing of all the changes that need to be made in order for the work to conform with the tree replacement plan and the provisions of this article.

b.

If the forestry manager or zoning administrator, as appropriate, finds that the protected trees on the site were damaged due to construction during the subdivision or site plan process, the forestry manager or zoning administrator, as appropriate, shall notify the owner in writing identifying the damaged trees and the owner shall replace the damaged trees in accordance with Sec. 8-20.

c.

A subdivision plat shall not be recorded, a certificate of occupancy shall not be issued, or fiscal security shall not be released until the forestry manager or zoning administrator, as appropriate, re-inspects the site and finds that the changes requested have been completed correctly and in accordance with the tree replacement plan and the provisions of this article or the fiscal security posted is paid into the tree fund.

(4)

Final inspection.

a.

Upon the completion of all the installation of trees, the owner shall notify the forestry manager or zoning administrator, as appropriate, that the work is ready for final inspection.

b.

If faulty work or substandard plant material is found, the owner shall be notified of the necessary changes to be done in accordance with Sec. 8-24(b)(3), above. If such work is found to be correctly installed and in accordance with the tree replacement plan, the forestry manager or zoning administrator, as appropriate, shall provide written notification to the appropriate city official that the owner has met the requirements of this article.

(Ord. No. O-2024-168, § XI, 6-27-2024)

(a)

During the period of an emergency, such as a tornado, storm, flood or other natural disaster, the requirements of this article may be waived as deemed necessary by the emergency management coordinator or other designee of the city manager. In addition to rights granted by easement, utility service providers, lawfully within the right-of-way, may remove trees during the period of an emergency that are determined by the provider to be a danger to public safety and welfare by interfering with utility service.

(b)

The city shall have the right to plant, prune, remove and maintain any protected tree located on a right-of-way, easement, public parkland or any other city-owned property as may be necessary to ensure public safety. The city may remove or cause or order to be removed any protected tree or part thereof which is in an unsafe condition, or which by reason of its nature or location unreasonably interferes with the construction, maintenance or replacement of wastewater lines, water lines, drainage facilities, streets or other public improvements. Before removing a monarch tree for any of the reasons provided above, a city department shall consult with the forestry manager and/or zoning administrator, as appropriate, to determine whether a monarch tree may be removed, with the final decision being made by the city manager.

Violations of this article shall be punishable by a fine as provided in Sec. 1-9 of the Code of Ordinances, and each protected tree that is unlawfully removed or damaged shall constitute a separate offense. Criminal prosecution shall not preclude civil action by the city to recover for the damage or loss of the tree, and the city attorney is hereby authorized, without further authorization from the city council, to institute and prosecute a lawsuit against any person who unlawfully removes or damages a protected tree, to recover the reasonable value of the tree.

(a)

Denial of protected tree removal permit. If an application for a protected tree removal permit is denied, the applicant may appeal such action to the zoning board of adjustment by filing written notice of such appeal with the zoning administrator within ten days of notice of the denial of the application by the forestry manager or zoning administrator, as appropriate. The board shall have 45 days from the date of the appeal to review said denial. The board may affirm or reverse the determination of the forestry manager or zoning administrator. If the board fails to act within 45 days, the appeal shall be automatically granted and a protected tree removal permit issued.

(b)

Denial of tree removal request through the subdivision process. If a protected tree removal request is denied, the applicant may appeal such action to the city council by filing written notice of such appeal with the city clerk within ten days of notice of the denial of the application by the PDS director. The city council shall have 30 days from the date of the appeal to review said denial. The city council may affirm or reverse the determination of the PDS director. If the city council fails to act within 30 days, the appeal shall be automatically granted and a protected tree removal request approved.

(c)

Denial of tree removal request through the site development or subdivision improvement permit process. If a protected tree removal request is denied, the applicant may appeal such action to the zoning board of adjustment by filing written notice of such appeal with the zoning administrator within ten days of notice of the denial of the application by the zoning administrator. The board shall have 45 days from the date of the appeal to review said denial. The board may affirm or reverse the determination of the zoning administrator. If the board fails to act within 45 days, the appeal shall be automatically granted and a protected tree removal request approved.

(Ord. No. O-2024-168, § XII, 6-27-2024)

(a)

The tree fund shall consist of fees generated as a result of tree replacement requirements as well as general donations for public tree plantings.

(1)

Establishment of fund. A tree fund is hereby established.

(2)

Funds to be deposited. Tree replacement fees for the installation of replacement trees, as provided for in Sec. 8-20, shall be deposited in the tree fund.

(3)

Use of funds. Expenditures from the tree fund shall be used solely for purchasing and installing trees and associated irrigation on public rights-of-way, public park land or any other city-owned property, and for administering the tree fund.

(a)

Standards. All lot fencing shall comply with the following standards unless otherwise stated within a specific zoning district, in which case the standard within the zoning district shall apply:

(1)

General standards.

a.

All fences shall provide a finished face to abutting public rights-of-way.

b.

Fences for nonresidential uses shall provide a finished face to abutting single-family, two-family or townhouse uses.

c.

Fences shall not conflict with sight visibility triangles at street intersections or obstruct views from adjacent driveways.

d.

Fence posts for all new fences shall be constructed of rust-resistant metal parts, concrete based masonry, or concrete pillars of sound structural integrity.

e.

Fence posts and fence panels for non-wood fences shall be capped.

(2)

Maximum height.

a.

Front street yard, non-view fence (residential uses): three (3) feet.

b.

Front street yard, view fence (residential uses): six (6) feet.

c.

All street yards, non-view fence (nonresidential uses): three (3) feet.

d.

All street yards, view fence (nonresidential uses): six (6) feet.

e.

All other yards (all non-industrial uses): eight (8) feet.

f.

All other yards (light industrial and industrial uses): 10 feet.

(3)

View fencing shall be required for SF-3, TH, MF-1, MF-2, MF-3, MU-R and MU-G districts when the property abuts a:

a.

Hike and bike trail corridor from the City of Round Rock Trail Master Plan; or a

b.

Public park;

(Ord. No. O-2020-0158, § X, 6-11-2020)

(a)

Purpose.

(1)

The purpose of this section is to establish requirements to screen specific uses or structures from public view. All landscape material required in this subsection shall be provided in an eight-foot wide linear planting bed unencumbered by easements. Buffers shall provide a visual barrier between land uses, enhance the streetscape, and provide privacy. The spacing requirements between trees in the Tree Technical Manual shall not apply to this subsection. Compliance with this subsection requires that all detention ponds, water quality ponds, ground-mounted equipment (i.e., transformers, air conditioner units), dumpsters, trash receptacles, donation receptacles, refuse storage containers, outdoor storage, loading docks, substations, large utility cabinets, water and wastewater pumping stations, storage sites, and other similar uses be sufficiently screened. Required landscape material shall be located to maximize the screening of these facilities.

(2)

All proposed detention and water quality facilities shall be screened from public view by means of the following landscape elements:

a.

Water quality ponds/detention ponds with structured walls.

1.

One medium tree shall be planted for every 40 linear feet or portion thereof around the boundary of the pond;

2.

One small tree shall be planted for every 30 linear feet portion thereof around the boundary of the pond; and

3.

One large shrub shall be planted for every eight (8) linear feet or portion thereof around the boundary of the pond; or

4.

The foregoing tree and shrub requirements may be eliminated and replaced with the following:

(i)

The exterior walls of the pond shall be clad with limestone and/or other textured design features; and

(ii)

If a chain-link fence is utilized, a native/adapted vine in at least a five-gallon container shall be planted for every eight (8) linear feet of fence.

b.

Water quality ponds/detention ponds with earthen berms shall be planted with one large tree for every 40 linear feet around the boundary of a non-structured detention/retention pond.

(3)

Dumpster and trash receptacles. All dumpsters, trash receptacles, and refuse storage containers shall be located within an enclosure providing screening as described below:

a.

A decorative masonry wall having a minimum height of six (6) feet on three (3) sides and a gate on the fourth side. The gate shall be constructed with an opaque, non-masonry material. The construction materials of the wall shall match material used on the principal building located on the same lot.

(4)

Donation receptacles. All donation receptacles shall be located within an enclosure providing screening by means of a decorative masonry wall on three (3) sides. The wall shall be at least as tall as the donation receptacle it screens. The construction materials of the wall shall be complementary to the material used on the principal building located on the same lot.

(5)

Ground-mounted equipment. All proposed ground-mounted equipment shall be screened by the planting of one large shrub every four (4) linear feet around the boundary of the equipment in a planting bed with edging. Shrubs shall be evergreen and a minimum height of 24 inches at time of planting.

(6)

Substations, water/wastewater stations. Proposed electric substations, water pump stations and wastewater lift stations shall be screened from public views by means of a six-foot decorative masonry wall on a minimum of three sides. Smooth-face concrete masonry units are prohibited. The following landscape elements shall be incorporated:

a.

An eight-foot (8') wide planting bed with one small evergreen tree per 12 linear feet; provided that said trees shall be planted no closer than eight (8) feet and no more than 16 feet apart; or

b.

A five-foot (5') wide planting bed with one large shrub for every four (4) linear feet. Shrubs may be planted in a variety of configurations, but at no time shall be planted greater than six (6) feet apart. Shrubs shall be evergreen and a minimum height of 24 inches at time of planting.

(7)

Outdoor storage. All outdoor storage shall be screened in accordance with the requirements of Sec. 8-65. In addition, outdoor storage shall be screened as follows:

a.

Limited outdoor storage.

1.

An eight-foot (8') wide planting bed with one small evergreen tree per 12 linear feet of wall constructed; provided that said trees shall be planted no closer than eight (8) feet and no farther than 16 feet apart; or

2.

A five-foot (5') wide planting bed with one large shrub for every four (4) linear feet; provided that said shrubs shall be planted no closer than six (6) feet apart. Shrubs shall be evergreen and a minimum height of 24 inches at time of planting.

b.

General outdoor storage. An eight-foot (8') wide planting bed with one small evergreen tree per 15 linear feet and one large evergreen tree per 30 linear feet of wall constructed; provided that said trees shall be planted no more than 15 feet apart.

(8)

Loading docks. All loading docks visible from public view shall be screened by means of the following screening and landscaping elements:

a.

A decorative masonry wall having a minimum height of six (6) feet. If the wall includes a gate, it shall be constructed with an opaque, non-masonry material. The construction materials of the wall shall match material used on the principal building located on the same lot;

b.

One medium or large tree per 40 linear feet of wall constructed (75 percent of selected trees shall be of an evergreen species);

c.

One small tree per 15 linear feet of wall constructed (75 percent of selected trees shall be of an evergreen species); provided that said trees shall be planted no more than 15 feet apart; and

d.

One large shrub per four (4) linear feet of wall constructed; provided that said shrubs shall be planted no more than six (6) feet apart. Shrubs shall be evergreen and a minimum height of 24 inches at time of planting.

(Ord. No. O-2025-044, § III, 2-13-2025)

(a)

Applicability.

(1)

New development. The off-street parking and loading standards of this section apply to any new building constructed and to any new use established.

(2)

Expansions and alterations. The off-street parking and loading standards of this section apply when an existing structure or use is expanded or enlarged. Additional off-street parking and loading spaces will be required to serve the entire building or use. The number of off-street parking and loading spaces provided for the entire use (pre-existing + expansion) shall equal at least 100 percent of the minimum requirement established in the off-street parking requirements table, in Sec. 8-46(a) of this section.

(b)

No reduction below requirement. Existing parking and loading spaces may not be reduced below the requirements established in this section. Any change in use that increases applicable off-street parking or loading requirements will be deemed a violation of this code unless parking and loading spaces are provided in accordance with the provisions of this section.

(a)

Off-street parking requirements table. The following table lists minimum off-street parking requirements by land use category:

(b)

Residential parking requirements.

(1)

Applicability. This subsection (b) shall apply to any lot in a residential zoning district, as identified in Chapter 2, Zoning Districts and Use Regulations, except for the AG (Agricultural), MF-2 (Multifamily - Medium Density) and MF-3 (Multifamily - Urban) zoning districts.

(2)

Standards. Driveways and improved surfaces shall be constructed and designed pursuant to the driveway standards as stated in the Design and Construction Standards Transportation Criteria Manual (DACS), as adopted or amended by the city.

(3)

Driveway maintenance. Improved driveways and improved surfaces shall be maintained in good and safe condition, free of holes, cracks, spoiling or other failures that may affect the use, drainage or longevity of the material. This shall not prohibit the use of approved surfaces specifically designed to include an alternative component, for example, grass or sand between paving stones.

(4)

Street yard coverage. For non-corner residential lots, no combination of improved driveways and/or improved surfaces shall cover more than 50 percent of the street yard. For corner residential lots, no combination of improved driveways and/or improved surfaces shall cover more than 25 percent of the street yard. The regulations of this subsection shall not affect or prohibit the construction of the minimum driveway, as required by the DACS.

(c)

Screening. Where vehicle parking on a residential lot is required to be screened, the screening shall consist of:

(1)

A solid, opaque fence or wall at least six (6) feet in height;

(2)

Vegetation consisting of a solid hedge row or evergreen shrubs, or trees and shrubs, providing full screening from the ground to a minimum height of six (6) feet; or

(3)

A combination of the subsections (c)(1) and (2) of this section.

Screening shall not be required in the rear yard for vehicles parked on an improved driveway that is constructed in accordance with the DACS.

(d)

Unimproved driveways and unimproved parking areas; nonconforming use.

(1)

An unimproved driveway and an unimproved parking area, which are located in a street yard or a side yard shall be considered as nonconforming uses and subject to the regulations regarding nonconforming uses in Sec. 2-98(c). Specifically, such unimproved driveway or unimproved parking area shall not be extended or expanded, nor changed except to an improved driveway, an improved surface used for parking, or an unimproved surface.

(2)

If the building or structure that is served by the unimproved driveway is damaged or destroyed to an extent greater than 50 percent of its fair market value (as determined by the most recent appraised value of the appraisal district in which the building or structure is located), and if such building or structure is repaired or replaced, the unimproved driveway shall no longer be permitted, and all off-street parking shall be required to be on an improved driveway.

(3)

If the building or structure that is served by the unimproved driveway is increased by 25 percent or more in the square footage, the unimproved driveway shall no longer be permitted, and all off-street parking shall be required to be on an improved driveway.

(a)

Alternative parking plan. An alternative parking plan may be approved by the zoning administrator for specific developments that are deemed to require a different amount of parking than the standards shown in the off-street parking requirements table. The zoning administrator shall establish conditions necessary to insure the adequacy of future on-site parking when approving an alternate parking plan. Any alternative standard shall meet the criteria below:

(1)

The use of the building is specific and occupied by a single user.

(2)

The applicant provides a detailed breakdown of his or her parking requirements indicating employee counts, shift distribution and visitor or customer needs.

(3)

The applicant provides a site plan showing how additional parking to meet standard requirements would be provided if the use changed or parking needs increase.

(b)

Shared parking. Required parking for one use may satisfy the requirements for another use if the nonresidential uses have different peak hour parking needs and the following:

(1)

The following documentation shall be submitted to the city as part of the review process if requesting shared parking:

a.

The names and addresses of the uses and the owners or tenants that are sharing the parking;

b.

The location and number of parking spaces that are being shared;

c.

An analysis showing that the peak parking demands for the different uses occur at different times and that the parking area will supply at least the minimum number of required spaces for each use during its respective peak parking time;

d.

A legal instrument such as an easement that guarantees access to the joint parking for all uses;

e.

A shared parking agreement executed by all the users and the owner of the property proposed to be used for parking; and

f.

The agreement shall be notarized and recorded, with a provision that the consent of the city must be obtained for termination of the agreement.

(2)

In the event of the termination of an existing shared parking agreement, a new shared parking agreement shall be executed within 60 days prior to termination. If a new shared parking agreement is not executed, then documentation shall be submitted to the zoning administrator supporting that the uses on all affected properties meet their respective parking requirements. This process of amending a shared parking agreement applies to all existing parking agreements impacted by sale, change of use, or expansions on any affected property.

(c)

Alternative agreements. In limited cases, off-site parking agreements, and reciprocal access and parking agreements may be approved by the zoning administrator.

The property owners of lots 8 through 19, block 9; lots 1 through 9, block 22; and lots 11 through 19, block 8; all in the original plat of Round Rock, are not required to comply with the off-street parking requirements stated in Sec. 8-47 of this section.

(a)

The property owners of all properties located within the downtown development area which are zoned C-1 (General commercial) and are adjacent to streets with rights-of-way, 80 feet wide or greater, other than Round Rock Avenue, Mays Street, and the east side of South Lampasas Street from Bagdad Street to the alleyway between Bagdad Street and East Main Street, shall be permitted to utilize said rights-of-way for on-street parking spaces to meet the city's parking requirements.

(b)

In order to utilize the rights-of-way for parking spaces as provided above, all of the following conditions shall be met:

(1)

The property owner shall set aside, within the property's buildable area, an open, undeveloped, unpaved area having the same square footage as that portion of the right-of-way used for on-street parking.

(2)

The property owner shall maintain the on-street parking area, including, but not limited to, landscaping, pavement repair, drainage and striping.

(3)

For each 15 on-street parking spaces or fraction thereof, the property owner shall provide either two landscaped islands nine (9) feet by 20 feet or one landscaped island 18 by 20 feet as determined by the zoning administrator.

(4)

The property owner shall submit to the city a site plan depicting the on-street parking spaces, the required landscaped islands, and the open, undeveloped portion of the property, for the review and approval of the zoning administrator and the director of public works prior to construction of any on-street parking spaces.

(5)

Any on-street parking spaces located on West Main Street shall be constructed with brick pavers comparable in color and style with the brick pavers used for the sidewalks adjacent to Round Rock Avenue between IH 35 and Mays Street.

(6)

The director of public works shall determine that the use of on-street parking will not adversely affect drainage within the area.

(7)

No on-street parking shall be located within 40 feet of any curb corner.

(8)

All parking spaces shall be a minimum of nine (9) feet by 18 feet.

The following rules apply when computing off-street parking and loading requirements:

(a)

Multiple uses. Lots containing more than one use shall provide parking and loading in an amount equal to the total of the requirements for all uses.

(b)

Fractions. When measurements of the number of required spaces result in a fractional number, any fraction of one-half or less will be rounded down to the next lower whole number and any fraction of more than one-half will be rounded up to the next higher whole number.

(c)

Area measurements. Unless otherwise expressly stated, all square-footage-based parking and loading standards shall be computed on the basis of gross floor area, as defined in Sec. 1-50.

(d)

Occupancy-based standards. For the purpose of computing parking requirements based on employees, residents or occupants, calculations shall be based on the largest number of persons working on any single shift, the maximum enrollment or the maximum fire-rated capacity, whichever is applicable and whichever results in the greater number of spaces.

(e)

Unlisted uses. Upon receiving a development application for a use not specifically listed in the off-street parking requirements table, the zoning administrator shall apply the off-street parking standard specified for the listed use that is deemed most similar to the proposed use or require a parking study in accordance with an alternative parking plan, as described in Sec. 8-47, above.

Except where an alternative parking plan has been approved by the zoning administrator, all required off-street parking spaces shall be located on the same lot as the principal use. Unless otherwise expressly stated, off-street parking areas shall be set back in accordance with Sec. 8-10.

(a)

Parking space dimensions. Required off-street parking spaces shall have minimum dimensions of nine (9) feet in width by 18 feet in length. Parallel parking spaces shall have minimum dimensions of eight and a half (8.5) feet in width by 22 feet in length.

(b)

Aisle widths. Drive aisle widths adjoining off-street parking spaces shall comply with the following standards:

Note: Two-way aisles shall always require a minimum width of 26 feet.

(c)

Markings.

(1)

Each required off-street parking space and off-street parking area shall be identified by surface markings at least four (4) inches in width. Markings shall be visible at all times. Such markings shall be arranged to provide for orderly and safe loading, unloading, parking and storage of vehicles.

(2)

One-way and two-way accesses into required parking facilities shall be identified by directional arrows.

(d)

Surfacing and maintenance. All off-street parking areas, drive aisles, internal roadways, and loading areas for all uses shall be paved and kept in a dust-free condition at all times.

(e)

Access and circulation.

(1)

Required parking spaces shall not have direct access to a street or highway. Access to required parking spaces shall be provided by on-site driveways. Off-street parking spaces shall be accessible without backing into or otherwise reentering a public right-of-way.

(2)

Site plans for retail developments greater than a cumulative 50,000 gross square feet shall designate a primary vehicle circulation route entering and exiting the development.

a.

Landscape median islands or end islands, as described in Sec. 8-10(f)(1)d., shall be immediately adjacent to the primary vehicle circulation route for the entire length of the route (excluding pedestrian access and the face of primary buildings).

b.

Parking is prohibited along primary vehicle circulation routes in order to prevent overflow stacking onto rights-of-way and primary circulation routes. Parking is prohibited adjacent to the entire elevation of a building which includes the primary pedestrian access to cause internal circulation conflicts.

(3)

Day care facilities which incorporate a drop-off area must designate said area on the site plan. The drop-off area shall be separated from all internal drive aisles by a physical barrier such as a median, curbing, a building or other similar site improvements, and shall not impede on- or off-site traffic movements including access for emergency vehicles. Each stacking space shall be a minimum of 10 feet by 20 feet. Stacking spaces shall qualify toward the minimum parking requirement.

(f)

Tandem parking. Tandem parking in the multifamily or senior zoning districts shall be permitted only when it is located in front of a garage, which is attached to a dwelling unit and the tandem space is assigned only to the dwelling unit to which the garage is attached.

(a)

Required off-street parking areas shall be used solely for the parking of licensed motor vehicles in operating condition. Required spaces may not be used for storage of trash dumpsters, the display of goods for sale or lease, for motor vehicle repair or service work of any kind, storage of vehicles, boats, motorhomes, campers, mobile homes, or building materials, or for display or storage of vehicles for lease, sale or rent.

(b)

Recreational vehicles shall not be stored on any lot or street other than a residential lot of the owner or a site specifically designed and approved by the zoning administrator to accommodate them.

(a)

Minimum number of spaces. Off-street stacking spaces shall be provided as indicated in the following table:

(b)

Design and layout. Required stacking spaces are subject to the following design and layout standards:

(1)

Size. Stacking spaces shall be a minimum of 10 feet by 20 feet in size.

(2)

Location. Stacking spaces may not impede on- or off-site traffic movements or movements into, or out of off-street parking spaces.

(a)

Outdoor storage or parking of tractor-trailers, semi-trucks, semi-trailers, or other vehicles having a gross vehicle weight rating of 17,000 pounds or more, shall be prohibited in any residential district and in the C-2 and OF-1 zoning districts. This prohibition shall not apply to pickup trucks, or personal recreational equipment. Construction equipment shall not be stored on lots in residential or commercial districts except during the period of permitted construction.

(b)

This section shall not prevent the parking or standing of the vehicles described in Sec. 8-55(a) of this section in any district for the purpose of expeditiously loading and unloading passengers, freight, or merchandise.

(c)

Screening from public rights-of-way or lower intensity residential uses shall be required in multifamily developments for areas designated or available for parking and storage of recreation vehicles, boats, small trailers and other noncommercial equipment. Such screening shall consist of permanent material such as concrete, masonry, wood, steel, etc.

(a)

No use of public right-of-way. At no time shall goods be loaded or unloaded from the right-of-way of a collector or arterial street. No part of any vehicle shall be allowed to extend into the right-of-way of a collector or arterial street while being loaded or unloaded.

(b)

Location. Plans for location, design and layout of all loading spaces shall be indicated on required site plans. Loading space size shall be based on need and in accordance with standard engineering requirements as determined by the zoning administrator.

(a)

Location of existing and planned transit routes. Any proposed development shall take into account the location of existing and planned transit routes and provide vehicular and pedestrian connections (including hike and bike trails) to any transit points within or adjacent to the development.

(b)

Easements.

(1)

Emergency access drives. Emergency access drives shall be at least 24 feet in width.

(2)

Street access. No use shall be permitted to take direct access to a street except as permitted in this section.

a.

Local streets. All residential uses may take direct access to local streets. Nonresidential uses shall not take direct access to local streets, except when no higher street classification is available.

b.

Collector streets. No single-family dwelling shall take direct access to collector streets, except when no local street is available.

c.

Arterial streets. No residential use, other than multifamily, shall take direct access to arterial streets. When uses take access to an arterial street, the point of access shall be directly across from another existing point of access, or spaced at least 200 feet from any intersecting street or other point of access to the arterial.

(3)

Driveway connections to adjacent development.

a.

Except as provided below, driveway connections to adjacent development shall be provided and clearly identified on any site plan submitted pursuant to this chapter. All driveway connections shown on a site plan shall be constructed and stubbed, and future development of adjacent property shall complete a connection to any existing stub.

b.

The zoning administrator may waive the requirement for a driveway connection required above, in those cases where unusual topography, site conditions, or incompatible uses would render such an easement of no useable benefit to adjoining properties.

c.

The zoning administrator may approve the closure of driveway access in those cases where adjoining parcels are subsequently developed with a residential use.

(c)

Design requirements and standards.

(1)

Minimum access. Each parcel of land which legally exists on the effective date of this chapter and which abuts a street right-of-way shall be permitted at least one access point, except where restricted by plat note or separate instrument easement.

(2)

Additional access. The zoning administrator may require more than one access point onto a collector or arterial street for a single parcel during site plan review, provided that the number and location of access points onto local streets and the additional access points onto collector and arterial streets shall be approved by the highway authority having jurisdiction over the roadway from which access is being taken.

(3)

Width of access. The width of access driveways shall be determined by the highway authority having jurisdiction over the roadway from which access is being taken. However, in no case shall an individual driveway width be greater than 45 feet, except that the width of a landscaped center median shall not count towards this standard.

(4)

Closure or relocation of existing access points. The zoning administrator, in conjunction with the highway authority having jurisdiction over the roadway from which access is being taken, shall have the authority to require the closure or relocation of existing access points where multiple access points to the site are available.

(5)

Curb cuts at intersections. A curb cut for a corner parcel at the intersection of any streets shall be located the maximum practical distance from the edge of the right-of-way of the intersecting streets, without intrusion into any required buffer. The number and location of the curb cut shall be approved by the highway authority having jurisdiction over the street from which access is being taken.

(a)

General. Outdoor storage and display is allowed in certain nonresidential districts in accordance with this section. Any merchandise, material or equipment situated outdoors shall be subject to the requirements of this section. For the purpose of this section, outdoor storage and display shall be broken down into the following categories.

(b)

Permitted outdoor storage and display. Outdoor storage and display shall only be allowed in the districts designated in the table below:

(c)

Categories of outdoor storage and display.

(1)

Outdoor display.

a.

Outdoor display is display of items actively for sale.

b.

Outdoor display shall be allowed adjacent to a principal building wall and, except as provided in this subsection, extend to a distance no greater than 10 feet from the wall. Such display is prohibited to block windows, entrances or exits, and shall not impair the ability of pedestrians to use the sidewalks.

c.

Outdoor display located more than 10 feet from the wall of a principal building shall be fenced in by a masonry, view fencing or similar material fence/wall. The location and fencing of such a display shall be approved by the PDS director.

d.

Outdoor display in the OS district shall only be permitted in metropolitan and regional parks.

e.

Outdoor display in the downtown development area and in the MU-1 and MU-2 districts may be permitted in limited quantities provided it does not impede pedestrian traffic.

f.

Outdoor display in the LI district shall be limited to plants and landscape materials for sale at nurseries and similar landscaping supply establishments.

(2)

Limited outdoor storage.

a.

Limited outdoor storage is temporary storage of goods in individual packaging and not in storage containers. Organic materials in plastic packaging are considered limited outdoor storage.

b.

Limited outdoor storage shall be screened from view outside the site by a solid masonry wall at least six (6) feet in height. Limited outdoor storage in the I (Industrial) and MI (Mining) districts is exempt from the screening requirements provided that district buffering standards have been met.

c.

Limited outdoor storage shall not be allowed in any off-street parking spaces.

d.

In the MU-1, MU-2, MU-L, MU-R, and MU-G districts, limited outdoor storage shall not be allowed in the street yard.

(3)

General outdoor storage.

a.

General outdoor storage consists of all remaining forms of outdoor storage including temporary, as provided for in Sec. 2-92, not classified as outdoor display or limited outdoor storage. General outdoor storage also includes items stored in shipping containers, conexes, and semi-trailers not attached to a truck.

b.

Shipping containers, conexes, and semi-trailers not attached to a truck shall not be stacked more than two units high. In the C-1 (General commercial) district, shipping containers, conexes, and semi-trailers shall not be stacked.

c.

General outdoor storage shall be allowed in unlimited quantity, provided that the storage area is screened from any public right-of-way by means of an opaque wall at least six (6) feet in height. General outdoor storage in the I (Industrial) and MI (Mining) districts is exempt from the screening requirements provided that district buffering standards have been met. General outdoor storage in the C-1 (General commercial) district shall be screened from any public right-of-way or abutting property by means of a masonry wall that provides a complete screening of the storage. The construction materials of the wall shall match material used on the principal building located on the same lot.

d.

Except for the I (Industrial) and MI (Mining) districts, no general outdoor storage shall be permitted within the following areas:

1.

A required front setback;

2.

Between a front setback and the building front; and

3.

Between a side setback along a public right-of-way and any building or structure.

e.

General outdoor storage shall not be allowed in any off-street parking areas.

f.

General outdoor storage in the OS district shall only be permitted in metropolitan and regional parks.

g.

The placement of general outdoor storage shall not conflict with any public utilities, easements or rights-of-way.

h.

The location of general outdoor storage shall meet the accessory building requirements for that zoning district.

i.

Where general outdoor storage is temporary, as provided for in Sec. 2-92, the zoning administrator may require alternative screening depending on the uniqueness of the situation.

(d)

Additional outdoor storage and display requirements.

(1)

Required to show on-site plan. All limited outdoor storage and general outdoor storage areas shall be clearly shown on the site plan submitted for the property.

(2)

Right-of-way. Unless specifically authorized elsewhere in the city's ordinances, all outdoor storage and display shall be located outside the public right-of-way.

(3)

Screening requirements. Outdoor storage shall meet the applicable screening requirements of Sec. 8-40.

(e)

Exceptions.

(1)

Vehicles (including boats) for sale as part of a properly permitted vehicle sales use shall not be considered merchandise, material or equipment subject to the restrictions of this section. Such vehicles shall be located and displayed on a paved vehicle use area, clearly indicated on the site plan, and screened under the same requirements for a parking lot.

(2)

Waste generated on-site and deposited in ordinary refuse containers and enclosed areas shall not be considered outdoor display and storage.

(f)

Residential open storage.

(1)

Open Storage means the placement in an unenclosed area on a lot or tract of land used for residential purposes for a continuous period in excess of 24 hours of an item which is not customarily used or stored outside and/or which is not made of a material that is resistant to damage or deterioration from exposure to the outside environment.

(2)

Open storage shall be prohibited in the front yard, in a carport, or an unenclosed front porch, driveway, balcony, or any open an unenclosed area visible from any public right-of-way.

(Ord. No. O-2020-0158, § XI, 6-11-2020)

(a)

The purpose of this article is:

(1)

To stimulate a healthy economy by:

a.

Permitting businesses to inform, identify and communicate effectively; and

b.

Directing the public through the use of signs on buildings and sites.

(2)

To protect and enhance the physical appearance of the community in a lawful manner by:

a.

Providing standards for the appropriate design, scale and placement of signs;

b.

Satisfying the community's desires for signs that are attractive;

c.

Avoiding sign standards which are so rigid and inflexible that all signs have a monotonous look and design;

d.

Considering that areas outside the city may one day be annexed into the city; and

e.

Addressing abandoned signs that may cause an area to look blighted.

(3)

To foster public safety along public streets within the community by:

a.

Ensuring that all signs are in safe and appropriate locations; and

b.

Ensuring that the information displayed on a sign is clearly visible and legible so that a sign achieves its intended purpose without causing undue distraction.

(4)

To have administrative review procedures which are the minimum necessary to:

a.

Balance the community's objectives and regulatory requirements with the reasonable advertising and way-finding needs of businesses;

b.

Allow for consistent enforcement of this chapter;

c.

Address nonconforming signs;

d.

Minimize the time required to review a sign permit application; and

e.

Address changes in sign manufacturing technology, as necessary.

(a)

Applicability.

(1)

A sign may be erected, placed, established, painted, created or maintained in the City of Round Rock and its extraterritorial jurisdiction only in conformance with the standards, procedures, exemptions, and other requirements of this chapter.

(2)

Pursuant to the terms of V.T.C.A., Local Government Code § 216.902, the provisions of this section regulating signs shall be enforced in, and extended to the city's area of extraterritorial jurisdiction, except as provided below.

(3)

The provisions of this section shall not be enforced in that portion of the city's extraterritorial jurisdiction that is in the Brushy Creek Municipal Utility District and that is also located more than 150 feet from the public right-of-way of RM 620 or RM 1431.

(b)

Intent. The intent of this chapter as more specifically set forth herein, is:

(1)

To establish a permit system to allow a variety of types of signs for business uses and for a limited variety of signs for other uses, subject to the standards and the permit procedures in this chapter.

(2)

To establish sign development standards, that relate signs to the speed and function of the road type on which they appear or for areas identified by the city with separate standards appropriate for the designated area.

(3)

To allow certain signs that are small, unobtrusive, and incidental to the principal use of the respective sites on which they are located, subject to the substantive requirements of this chapter, but without the requirement for permits.

(4)

To provide for temporary signs in limited circumstances.

(5)

To prohibit all signs not expressly permitted by this chapter.

(6)

To provide for the enforcement of provisions of this chapter.

(Ord. No. O-2022-234, § II, 7-14-2022)

(a)

The following signs shall be exempt from regulation under this chapter:

(1)

Political campaign signs on private property.

(2)

Any public purpose/safety sign, including regulatory signs, and any other notice or warning required by federal, state or local law, regulation or resolution.

(3)

Works of art, including murals, which do not include a commercial message.

(4)

Holiday decorations that do not contain a commercial message and are displayed only during the appropriate time of the year.

(5)

Flags that are a symbol of government or political subdivision.

(6)

Historic-age signs.

(7)

Building markers.

(8)

Information signs.

(9)

Building addresses, except as required on freestanding signs.

(10)

Barber poles.

(11)

Signs placed on a fence on property owned or leased by a public or private educational institution with students in grades K through 12.

(12)

Signs placed on a fence bordering an outdoor sports field or court on property operated by a not-for-profit community recreational organization.

(13)

Advertising and informational signs internal to a concert venue, stadium, or similar use.

(14)

Signs internal to a site so that they are not visible from a public right-of-way.

(Ord. No. O-2022-234, § II, 7-14-2022)

(a)

The following standards shall regulate the computation of sign size and height:

(1)

Building signs.

a.

Determining sign display area of building signs.

1.

For a building sign which is framed, outlined, painted or otherwise prepared and intended to provide a background for a sign display, the sign display area's dimensions shall include the entire portion within such background or frame.

2.

For a building sign comprised of individual letters or other items of information on a wall or surface of the building or accessory structure or mounted on a raceway that blends in with the background onto which it is mounted, the sign display area's dimensions shall be the sum of the regular geometric shapes (rectangle, square, circle, triangle, etc.) encompassing individual items of information.

3.

The allowable sign display area for each occupant shall be based on the occupant's frontage on a public right-of-way, private street, vehicle drive aisle, or public space internal to a multi-occupant center. Sign display area shall be calculated separately for each building frontage. For any occupant frontage with a wall that is on an angle to a roadway, the occupant frontage length shall be measured by taking 50 percent of the sum of the linear footage allowed for said roadways. The maximum square foot allowance of sign display area shall be calculated in the same manner.

4.

The amount of display area for a wall sign may be affected by placement requirements found in Sec. 8-76.

5.

Clearance for building signs over pedestrian walkways shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other embellishments.

6.

Where there is a non-principal building or structure, such as vehicle service canopies and structured parking facilities, signs shall be considered to be accessory signs and such signs shall not be counted against the sign area allowed for the business.

7.

When two identical sign display areas, such as on a projecting sign, are placed back to back so that both cannot be viewed from any point at the same time, and are part of the same sign, the sign display area shall be computed as the measurement of one side of the sign.

8.

The sign display area for all awnings/canopies shall not exceed the allowable square footage for this type of sign.

9.

Measurement of vehicle service canopy sign display area shall not include the background and striping on the face of a flat-roofed canopy.

10.

Window sign display area shall not be included in the total sign display area for building signs.

b.

Determining occupant frontage lengths for wall signs.

1.

The facade length of the occupant frontage on the first floor shall be the basis for determining the permissible sign display area for building signs.

2.

Determining occupant frontage lengths.

(i)

The length of any occupant frontage shall be equal to the wall length of a building elevation.

(ii)

No portion of any building elevation shall be counted towards more than one occupant frontage, even when visible from two roadways.

(iii)

The occupant frontage for a space in a building with multiple occupants shall be measured from the centerline of the demising wall separating the building unit.

(2)

Freestanding signs.

a.

Determining area of freestanding signs.

1.

For freestanding signs, the sign display area shall include any portion of the sign which contains items of information. When more than one sign makes up a freestanding sign, the individual signs shall be totaled to determine the sign display area. For a panel or cabinet contained in a freestanding sign, the sign display area calculation shall include the sign display area of the entire panel or cabinet. When individual letters are pinned to a freestanding sign, the sign display area's dimensions shall be the sum of the regular geometric shapes encompassing individual items of information or the area of each rectangle encompassing individual letters may be summed to determine the sign display area of a word.

2.

When two identical sign display areas are placed back to back so that both cannot be viewed from any point at the same time, and are part of the same sign structure, the sign display area shall be computed as the measurement of one side of the sign.

3.

For any freestanding sign that is on an angle at the intersection of two roadways that have different area standards, the total allowable sign display area shall be measured by summing 50 percent of the square footage allowed for each roadway.

4.

For an area identification sign, the sign display area shall be measured as a building sign is measured.

b.

Determining sign height for freestanding signs.

1.

The height of a freestanding sign shall be measured from the base of the sign or supportive structure at the finished grade, to the highest point of the sign, including all attached components.

2.

The finished grade of a sign's location from which the height is measured shall be exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases where the finished grade cannot reasonably be determined, sign height shall be measured on the assumption that the finished grade at the base of the sign is equal to the nearest pavement or top of any pavement curb.

3.

Clearance for freestanding signs shall be measured at the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other embellishments.

4.

Freestanding sign display areas and sign lighting system equipment shall be at least 14 feet above areas accessible to vehicles.

5.

For any freestanding sign that is on an angle at the intersection of two roadways that have different height standards, the maximum allowable sign height shall be equal to the greater allowable height.

(Ord. No. O-2022-234, § II, 7-14-2022)

(a)

Standards for signs shall be determined either by:

(1)

The type of road adjacent to the lot or multi-occupant center unless internal to the multi-occupant center;

(2)

The type of road which an occupant frontage faces;

(3)

The special area in which the sign is to be located; or

(4)

The identification of the area as a regional attraction.

(b)

Additional criteria for special area signs and regional attraction signs.

(1)

When a sign is in a special area, the special area standards shall take precedence over road type, unless specified otherwise.

(2)

When a sign is in an area identified as a regional attraction, alternate standards may be considered by the Zoning Administrator. Additional considerations for alternate standards shall include context sensitive consideration such as roadway, proximity to residential land uses, and existing signs in the area or corridor. In no instance shall an increase in the number of signs be granted.

(c)

Road types. All roads fall within one of the following road types: freeways, commercial roads, and neighborhood roads. A roadway type may change over time. A roadway may have more than one type along its length. Sections of a neighborhood road containing only nonresidential uses may have signs utilizing commercial standards where no residential use is located within 100 feet of any new signs proposed on the lot.

(1)

Freeways. For the purposes of this chapter, freeways shall include only the following roads:

U.S. Interstate Highway 35;
State Highway 45/Louis Henna Boulevard; and
State Highway 130.

(2)

Commercial roads. For the purpose of this chapter, commercial roads shall include the following roadways:

Avery-Nelson Parkway;

A.W. Grimes Boulevard/FM 1460;

Bass Pro Drive;

Chandler Road;

Chisholm Trail (1200 to 2900);

Chisholm Valley Drive (400 to 420);

College Park Drive;

County Road 110 (5100 to 5600, 6250 to 6400, 6970 to 7230, 9050 to 9200;

County Road 112 (1800 to 2150);

County Road 172;

Cypress Boulevard;

Dell Way;

Deep Wood Drive (100-351)

Double Creek Drive (1200-2600);

Eagle's Nest Street (west of Sunrise Rd) (2800 to 3335);

Forest Creek Drive (2100 to 3600);

Gattis School Road;

Greenlawn Boulevard (1510 to 1550; 2300 to 3599);

Hesters Crossing Road;

Hoppe Trail;

IKEA Way;

Joe DiMaggio Boulevard;

Kenny Fort Boulevard;

Kiphen Road;

Kouri Avenue;

La Frontera Boulevard;

Limmer Loop (1 to 550);

McNeil Road;

Mays Street, North;

Mays Street, South;

Oakmont Drive;

Old Settlers Boulevard, East (1 to 3606);

Old Settlers Boulevard, West (1 to 1200);

Palm Valley Boulevard (U.S. Hwy. 79);

Parker Drive;

Picadilly Drive (2514 to 2616);

Red Bud Lane (2002 to 2885);

Red Bud Lane, North (100 to 201; 1980 to 2100);

RM 620;

RM 1431;

Round Rock Avenue;

Sam Bass Road (600 to 2111; 2700 to 2715);

Steam Way;

Sundance Parkway;

Sunrise Road (2499 to 4399);

University Boulevard;

University Oaks Boulevard;

Wolle Lane; and

Wyoming Springs Drive (7000 to 7231).

(3)

Neighborhood roads. For the purposes of this chapter, any road not classified as a freeway or commercial road shall be considered to be a neighborhood road.

(d)

Special areas. The special areas are as follows:

(1)

Original settlement (OS) special area(s). The areas that shall adhere to the requirements pertaining to this special area are:

a.

Historic overlay (H). Any tract of land that is part of an historic district or has historic overlay zoning on any portion of the tract.

b.

Chisholm Trail overlay (CT). Any tract of land that has Chisholm Trail overlay zoning.

c.

Palm Valley overlay (PV). Any tract of land that has Palm Valley overlay zoning.

(2)

Downtown development area (DT) special area. The downtown development area special area is defined geographically beginning with the eastern edge of the northbound frontage road of IH-35 where it crosses the approximate centerline of Brushy Creek, then proceeding south along said edge of the northbound frontage road to the approximate centerline of the northern most trace of the Union Pacific Railroad, then proceeding northeast along the approximate centerline of the northern most tract of the Union Pacific Railroad to the western line of the original P.A. Holder Survey, then proceeding north along said western line of the survey (east of College Street) to the approximate centerline of Brushy Creek, then proceeding west along the approximate centerline of Brushy Creek to the eastern edge of the northbound frontage road of IH-35, being the point of beginning.

Any parcel that is in the downtown development area and which has frontage on IH-35 or US Hwy. 79, may use road type standards for said roadways rather than DT special area standards unless standards are specifically provided for these road types for this special area.

(Ord. No. O-2022-234, § II, 7-14-2022)

(a)

The following standards shall apply to illumination of signs:

(1)

The brightness and intensity of an illuminated sign shall not be greater than necessary to meet reasonable needs of the business or use served.

(2)

No sign shall be illuminated to such intensity or in such a manner to cause a glare or brightness to a degree that it constitutes a hazard or nuisance to vehicular traffic, pedestrians or adjacent sites.

(3)

No sign may be illuminated with fixtures that allow for the unshielded upward transmission of light.

(4)

No exposed neon tubing shall be used without the use of a clear face over the front of the sign. The prohibition of neon shall not prevent the use of LED contour lighting, or similar, as approved by the Zoning Administrator.

(5)

When bare lightbulbs are utilized protruding from the sign face, they must be integral to the design of the sign, as determined by the Zoning Administrator.

(6)

Temporary signs shall not be illuminated.

(Ord. No. O-2022-234, § II, 7-14-2022)

(a)

The following standards shall apply to all building signs:

(1)

Building signs shall be integrated with the primary physical features of the building and shall complement the building architecture.

(2)

All building sign materials for which a permit is issued shall have a minimum five-year warranty, with the exception of banners, new occupancy banners, building scrims, and signs for temporary uses.

(3)

The sign display area for building signs shall be determined by linear feet of the occupant frontage, and the roadway or special area where the building is located, as set forth in subsections (b), (c), (d), and (e) below.

(4)

The sign display area for wall signs shall be the maximum square foot allowance or the square feet of sign display area per one linear foot of occupant frontage, based on roadway type or special area, whichever measurement is less.

(5)

Each occupant may have multiple building signs as long as the total building sign display area of wall signs, hanging and projecting signs, awning/canopy signs, and fascia mounted signs does not exceed the total allowance for wall signs for each occupant frontage.

(6)

Building signs not related to businesses located in the respective building are prohibited.

(7)

The following standards shall be utilized in the determination of road type for building signs:

a.

In order to determine the roadway for an occupant frontage, a building that has frontage on a road shall utilize the standards for that road for a single occupant or an occupant facing the roadway in a multi-occupant center, but not internal to the center.

b.

For occupant frontages that are internal to a multi-occupant center, the following shall apply:

1.

Occupant frontages internal to a multi-occupant center with frontage on a freeway or commercial road shall utilize commercial road sign standards.

2.

Occupant frontages internal to a multi-occupant center with frontage on a neighborhood road on any side of the center shall utilize the neighborhood road sign standards.

3.

For occupant frontages not in a multi-occupant center and not facing a public right-of-way, the standard for square feet of sign display area for an occupant not facing a public right-of-way shall be utilized.

c.

When an occupant's frontage is in a special area, special area standards shall apply, unless a specific road is identified.

(8)

For buildings greater than two stories, building signs shall be placed on the uppermost story adjacent to the top of the building and/or on the ground floor adjacent to public entrances.

(b)

Wall signs.

(c)

Hanging and projecting signs.

(d)

Awning/canopy signs.

(e)

Fascia-mounted signs.

(Ord. No. O-2022-234, § II, 7-14-2022)

(a)

Vehicle service canopy signs.

(b)

Parking garage signs.

(c)

Banners. Banners shall meet the following standards:

(1)

A sign permit shall be required for the display of all banners.

(2)

No more than one banner shall be displayed at a time for each occupancy, including new occupancy banners.

(3)

Banners shall not exceed 15 square feet in area, unless the occupant frontage onto which the banner shall be placed exceeds 80 linear feet, then a banner may have a maximum area of 40 square feet.

(4)

Banners may be placed in the following locations:

a.

The entire banner must be attached and parallel with a wall and shall not cover any part of a building's windows or doors. In cases where the architecture of the building cannot accommodate a banner, other locations may be considered by the Zoning Administrator.

b.

In cases where a single occupant business use is located a minimum of 75 feet from the edge of the right-of-way or has other visibility issues, the Zoning Administrator may consider a freestanding banner location. This shall not apply to single occupants in a multi-tenant center.

(5)

Banners promoting an aspect of a business may only be attached to the building or unit which houses the business.

(6)

A banner permit may be issued for between one and 12 consecutive weeks. The duration of all banner permits at an establishment may not exceed a total of 12 weeks in a 12-month period.

(7)

Banners shall not be tattered, torn or faded and shall remain tautly attached.

(8)

If a banner is found to be in violation of this section for 30 days or more, a permit for any type of banner shall not be issued for 12 months to the occupant from the date of the original violation.

(d)

Banners for a new occupancy or use. Banners for a new occupancy or use shall meet the following standards:

(1)

A sign permit shall be required. A separate fee for the banner for a new occupancy or use shall not be required if the applicant concurrently submits a permit application for a permanent sign.

(2)

One banner shall be allowed for each single occupancy structure or for each occupant frontage in a multi-occupant center or building and is prohibited to be displayed at the same time as a banner in subsection (c) above.

(3)

Banners shall not exceed 40 square feet in area.

(4)

The entire banner must be attached and parallel with the wall and shall not cover any part of a building's windows or doors. When a banner cannot be located as described above, alternative locations may be considered by the Zoning Administrator.

(5)

Banners promoting an aspect of a business may only be attached to the building or unit which houses the business.

(6)

A banner for new occupancy or use shall be allowed for a maximum of 90 days within the first three months of establishment of such new occupancy or use in lieu of a permanent sign. This banner shall be removed when a permanent sign is installed. The Zoning Administrator may approve extensions in weekly increments to accommodate delays in permanent sign installation.

(7)

Banners shall not be tattered, torn or faded and shall remain tautly attached.

(8)

If a banner is found to be in violation of this section for 30 days or more, a permit for any type of banner shall not be issued for 12 months to the occupant from the date of the original violation.

(e)

Building scrim sign.

(1)

A sign permit shall be required for a building scrim sign.

(2)

One building scrim sign shall be permitted for a building that is at least two stories tall. One building at a time shall be permitted to display a scrim sign in a nonresidential development that would qualify for an area identification sign.

(3)

A building scrim sign shall not be displayed for a period exceeding 60 consecutive calendar days per permit with a maximum of two permits issued in any consecutive 12-month period.

(4)

Building scrim signs shall not be tattered, torn or faded and shall remain tautly attached.

(f)

Building signs for temporary occupants of a business use. For building signs for temporary occupants, one sign may be permitted per occupant frontage of a business use occupying a space for seasonal use or similar. The total square footage shall be no larger than the square foot limit allowed for wall signs on a designated roadway not to exceed 64 square feet, and the flat panel size restriction for wall signs shall not apply. When the material is semi-rigid, all-weather material such as coroplast, the flat panel size shall be limited to 16 square feet. All other wall sign standards shall apply. The sign shall be displayed for a period not to exceed 120 days.

(g)

Directory signs. For the purpose of identifying individual tenants in a building with multiple tenants, the total sign area for all panels in a directory sign shall not exceed six square feet.

(h)

Home occupation sign. In areas zoned for SF-1, SF-2, SF-3, SF-D, or TF, for the purpose of identifying a customary home occupation, as defined in Sec. 2-93, one home occupation sign shall be permitted. Such sign shall be attached flat against the wall of the house and shall not exceed two square feet in surface area.

(i)

Window signs. Window signs are allowed with the following conditions:

(1)

Window sign display area shall not be included as part of the total signs display area of building signs.

(2)

Total sign display area of all window signs on any elevation of a building shall not cover more than 50 percent of the glazing on an elevation.

a.

Perforated vinyl (50/50) and translucent window coverage shall be considered to be window sign coverage.

b.

No more than 50 percent of any window within four feet surrounding the main entrance shall be covered with window signs for visibility into and out of a business use.

(3)

Window signs in OS and DT special areas shall not be illuminated.

(j)

Incidental building signs. For those incidental signs that are not internal to a site, the maximum allowable square footage of sign display area shall be less than or equal to 25 percent of the total wall sign area allowed per occupant frontage. Temporary signs made of material with less than a five-year warranty, such as, but not limited to, posters, shall be framed and have a protective cover over the sign display area.

(Ord. No. O-2022-234, § II, 7-14-2022)

(a)

The standards for freestanding signs shall be determined by the roadway adjacent to the lot or the special area in which the lot is located.

(b)

The display of the property address number shall be required on the sign structure of freestanding monument and pylon signs, but shall not be counted in the calculation of sign display area.

(c)

Determining eligibility for freestanding signs.

(1)

Freestanding signs shall only be permitted for a business use.

(2)

At least one freestanding monument sign shall be allowed per lot.

(3)

Other types of freestanding signs may be permitted in lieu of a monument sign, depending on the type of sign and the size of the lot.

(4)

Low-profile signs may be permitted in addition to monument and pylon signs.

(d)

Determining the location of freestanding signs. The location of freestanding signs shall meet the following standards:

(1)

A sign shall have a minimum front setback of three feet and a minimum side setback of five feet.

(2)

A sign shall not be located in or project over a public utility easement unless authorized by all applicable utility providers and the city.

(3)

Signs shall not be located in parking spaces, drive aisles or any other areas that impede vehicular movement or maneuverability.

(4)

Any sign located within a sight visibility triangle shall be no more than three feet in height.

(5)

Signs shall be located within the same lot or multi-occupant center as the business use, except as expressly exempted in this chapter.

(6)

No freestanding sign or any projection of said sign shall be in or project over a public right-of-way.

(7)

Where the front setback of a building is less than ten feet, freestanding signs shall meet the freestanding sign size and type allowed for OS and DT special areas.

(8)

Placement of signs shall meet all other requirements associated with this Code.

(e)

Number and spacing requirements for freestanding signs.

(1)

The number of freestanding signs varies depending on the size of the lot and the length of a site's frontage on a roadway.

(f)

All non-rigid plastics shall have a minimum five-year warranty and are only permitted on the face of a cabinet sign.

(g)

Electronic messaging centers (EMCs)/changeable message. Changeable message using EMCs shall meet the following requirements:

(1)

Standards for EMC signs are provided by sign type.

(2)

EMC signs shall only be permitted on freestanding signs, with the exception of theaters which are allowed to place EMCs on buildings.

(3)

EMCs are prohibited on neighborhood roads, or in OS and DT special areas, with the exception of community facilities, schools, places of worship, and fuel station pricers.

(4)

Except as provided in subsections (5) and (6) below, one EMC sign is permitted per lot.

(5)

One EMC sign is permitted per multi-occupant center of less than five acres.

(6)

One EMC sign is permitted per road frontage for a multi-occupant center of five acres or more.

(7)

EMCs shall not change their message more than once every eight seconds and shall not be animated. Transitions shall be static/instant, with a transition time of one second or less.

(8)

The illuminance of an EMC shall be measured with an illuminance meter set to measure foot candles accurate to at least two decimals. Illuminance shall be measured with the EMC off, and again with the EMC displaying a white image for a full color capable EMC, or a solid message for a single-color EMC. All measurements shall be taken perpendicular to the face of the EMC using the following formula:

The difference between the off and solid-message measurements using the EMC measurement distance formula shall not exceed 0.3 foot candles at night.

(9)

All EMCs shall have automatic dimming capability that adjusts the brightness to the ambient light at all times of the day and night and shall be able to be adjusted to comply with the 0.3 foot candle measurements in subsection (8) above.

(10)

All EMCs are prohibited from being located within five feet of a sight visibility triangle regardless of height or size.

(h)

Sign standards for monument signs.

(i)

Sign standards for pylon signs.

(j)

Sign standards for pillar signs.

(k)

Sign standards for post/panel signs.

(l)

Sign standards for armature signs.

(Ord. No. O-2022-234, § II, 7-14-2022)

(a)

Sandwich boards.

(1)

Business uses (as defined in Sec. 1-50) shall be permitted one sandwich board.

(2)

Sandwich boards shall have a maximum width of 30 inches and a maximum height of 48 inches.

(3)

Sandwich boards shall be freestanding and shall not be affixed, chained, anchored, or otherwise secured to the ground or other structure. The sign shall be internally weighted so that it is stable, self-supporting and windproof.

(4)

The sandwich board shall be displayed only during the hours of operation of the business.

(5)

Sandwich boards shall not be a cabinet.

(6)

Changeable copy on a sandwich board shall not consist of individual plastic or vinyl letters on tracks.

(7)

The following standards shall be followed when determining the placement of sandwich boards:

a.

Sandwich boards shall be pedestrian oriented, specifically shall be in or adjacent to private walkways leading to building entrances;

b.

Signs shall be placed in such a manner that they do not interfere with pedestrian traffic, wheelchair ramps, or otherwise cause a safety hazard. Placement on a sidewalk or other improved surface is required, when available;

c.

When placed on a public sidewalk or sidewalk required for ADA accessibility, ensure that there is a minimum of 48 inches of clear sidewalk;

d.

Signs shall be placed in such a manner that they do not obscure or interfere with the function of windows or doors;

e.

Signs shall not be located within five feet of the corner of a building that is at the intersection of two public streets; and

f.

Signs shall only be permitted in the city's right-of-way on sites where there is ten feet or fewer between a building's front façade and the property line, and a license agreement shall be required. A license agreement may be issued as part of a sidewalk furniture license agreement.

(b)

Directional signs. Directional signs shall meet the following requirements:

(1)

Directional signs may be up to six square feet each and up to six feet in height.

(2)

Directional signs may be placed on site, in additional to freestanding sign(s).

(3)

The number of directional signs shall not exceed the total number of driveways and drive- through lanes.

(4)

Placement shall be in or adjacent to the entrance to the center or drive-through lane.

(5)

Plastics of any kind shall not be permitted in the OS and DT special areas.

(c)

Light pole-mounted banners. Light pole-mounted banners shall meet the following requirements:

(1)

Each banner shall be limited to no more than 12 square feet in size.

(2)

There shall be no more than two light pole-mounted banners on each pole.

(3)

The banners shall be placed on fixtures that are purposefully designed for the pole.

(4)

The minimum clearance of the banner shall be ten feet as measured from the adjacent grade to the bottom of the banner.

(5)

The banners shall be maintained in good repair and shall be replaced or removed if they become tattered or torn.

(6)

The banners shall not be illuminated, except for indirect lighting associated with the main lamp of the pole to which they are mounted.

(7)

The banners shall be limited to cloth, flexible plastic, vinyl, or similar material.

(8)

No permit shall be required to display light pole-mounted banners.

(9)

The banners shall not be displayed in OS and DT special areas, unless a comprehensive plan for the banners is approved by the city.

(d)

Freestanding signs for temporary occupants of a business use. For freestanding signs for temporary occupants, one sign may be permitted per occupant for a business use that is leasing a space for seasonal or similarly temporary use. The sign shall be no larger than the square foot limit allowed for a freestanding sign on a designated roadway; however, the material may include a decal applied to an existing freestanding sign panel. The sign shall be displayed for a period not to exceed 120 days.

(e)

Freestanding menu boards.

(1)

Freestanding menu boards shall be allowed along drive-through routes or next to walk-up windows to serve customers in pick-up areas.

(2)

Maximum height shall be ten feet from finish grade to the top of menu board sign.

(Ord. No. O-2019-0081, § I, 2-14-2019; Ord. No. O-2022-234, § II, 7-14-2022)

(a)

The property owner/occupant shall maintain the sign in a condition appropriate to its intended use and to all city standards, and has a continuing obligation to comply with all building code requirements. It shall be a violation of this section if any of the following conditions exist:

(1)

Elements of the sign have portions of the finished material missing, broken or otherwise illegible.

(2)

Any elements of the sign are inoperable, bent, twisted, dented, cracked, splintered, torn, sagging, faded, or leaning at angles other than those at which it was originally erected.

(3)

The sign is partially disassembled.

(b)

For all signs containing cabinets, the sign display area must display information that is current or a blank sign panel must be installed. For signs not containing cabinets, the items of information associated with the sign display area shall be removed when the occupant associated with the sign vacates the premises.

(c)

If the sign is deemed by the city to be in an unsafe condition, the owner/occupant of the business shall be notified in writing, and shall, within 48 hours of receipt of such notification, respond to the city with a plan to correct the unsafe condition, remove the unsafe sign, or cause it to be removed. If after ten days, the unsafe condition has not been corrected through repair or removal, the city may refer the matter to the building official as an unsafe structure to be remedied in accordance with Chapter 8, article X, division 3.

(d)

Whenever any sign, either conforming or nonconforming to these regulations, is required to be repaired, repainted, refinished or cleaned, the same may be done without a permit or without any payment of fees provided that all of the following conditions are met:

(1)

The sign is not being refaced to display a new occupant, replace a panel or display new items of information;

(2)

No alteration or remodeling to the structure or the mounting of the sign itself occurs;

(3)

No alteration in any of the dimensions of the sign or its structure occurs; and

(4)

The sign is accessory to a legally permitted, conditional or nonconforming use.

(Ord. No. O-2022-234, § II, 7-14-2022)

(a)

All signs not expressly authorized by this chapter, are prohibited. Prohibited signs include, but are not limited to the following:

(1)

Off-premises signs unless otherwise specifically permitted by this chapter.

(2)

Cabinet signs mounted on buildings, including re-facing of existing cabinet signs installed without a permit after 2002.

(3)

Abandoned signs, with the exception of freestanding signs where items of information shall be removed and a blank sign panel installed so that the sign does not indicate the former use.

(4)

Billboard signs.

(5)

Animated signs.

(6)

Roof-mounted signs.

(7)

Inflatable signs.

(8)

Swooper flags.

(9)

Festoons, tethered balloons, pennants, searchlights, streamers, and any clearly similar attention getting features or devices.

(10)

Portable signs with the exception of sandwich boards. Signs on vehicles or trailers shall be prohibited when the vehicle/trailer is placed in a location not normally expected for such vehicles, and the location apparently has the primary purpose of advertisement of products or directing people to a business or activity located in the same or nearby property or any other premises. This shall not be interpreted to prohibit "For Sale" or similar signs being placed on vehicles or trailers.

(11)

Signs containing any words or symbols that would cause confusion because of their resemblance to highway traffic control or direction signals.

(12)

Merchandise, equipment, products, vehicles or other items which are not available for purchase or rental, but are intended to attract attention, or for identification or advertising purposes.

(13)

Signs attached to or being held by a human for the purpose of advertising a commercial message for a business use.

(14)

Signs, posters or outdoor advertising, except as expressly permitted, placed in the public right-of-way or attached to any public property, including, but not limited to, electric utility poles, fire hydrants, meters, and public facilities.

(15)

Signs in locations that interfere with safe vehicular and pedestrian circulation or public safety signals and signs.

(16)

Signs erected, constructed or maintained so as to obstruct any fire escape, required exit, window, or door opening used as a means of egress.

(17)

Exposed neon tubing (using gas).

(18)

Bandit signs.

(19)

Signs attached to a visibly inoperable vehicle.

(Ord. No. O-2022-234, § II, 7-14-2022)

(a)

When Sec. 2-98 requires that a nonconforming building or structure be brought into compliance, all nonconforming signs shall also be removed or brought into compliance with all provisions of the Code.

(b)

Nonconforming signs shall be maintained in good condition pursuant to Sec. 8-80.

(c)

A nonconforming sign shall not be altered, modified or reconstructed except:

(1)

When such alteration, modification or reconstruction would bring such sign into conformity with these regulations;

(2)

When the occupant information changes on an existing freestanding sign without changes to materials or display method;

(3)

Where a nonconforming sign has been damaged or destroyed to an extent that is less than 50 percent of its fair market value;

(4)

Continued use of a nonconforming sign with a proposed alteration that would not otherwise be permitted for a nonconforming sign may be requested if the following findings exist:

a.

The sign is located in a multi-occupant center; and

b.

The sign is installed in a location that would be allowed by this chapter.

(d)

A parcel of land on which a nonconforming sign is located may be subdivided or platted without removing the nonconforming sign. However, after the parcel is subdivided, the nonconforming sign must be removed or brought into compliance with all provisions of this Code, prior to the issuance of any further building or development permits on the subdivided lot that contains the nonconforming sign.

(e)

Appeals of nonconforming sign decisions shall be heard by the Zoning Board of Adjustment.

(f)

A nonconforming sign shall be removed or made to conform to all regulations in this chapter upon verification that the nonconforming sign has been damaged or destroyed to an extent greater than 50 percent of its fair market value.

(Ord. No. O-2022-234, § II, 7-14-2022)

(a)

Except as provided below, no sign shall be attached, erected or otherwise constructed until all necessary permits are issued by the city. Where a permit is not required for a specific sign type, said sign shall meet all applicable standards.

(1)

Building sign. A permit shall be required for the re-facing of any building sign.

(2)

Freestanding sign. A permit shall not be required for the re-facing of any tenant panel in a multi-tenant freestanding sign where the panel size and overall structure are unchanged.

Sign Permit Requirements

Sign Permit Required.

Wall Sign
Hanging/Projecting Signs
Awning/Canopy Signs
Fascia Mounted Signs
Monument Signs
Low-Profile Signs
Pylon Signs
Pillar Signs
Post/Panel Signs
Armature Signs
Vehicle Service Canopy Signs
Parking Garage Signs
Area Identification Signs
Banners
Building Scrim Sign
Building Signs for Temporary Occupants of a Business Use
Freestanding Signs for Temporary Occupants of a Business Use
Subdivision Marketing Signs
Model Home Complex Signs
Coming Soon Signs (100 acres or larger)
Neighborhood Information Kiosks
Refacing of any Sign with the Exception of a Tenant Panel in a Multi-tenant Sign

Sign Permit Not Required.

Window Signs
Sandwich Boards
Directional Signs
Light Pole Mounted Banners
Freestanding Menu Boards (electrical permit may be required)
Promotional Signs (special event permit may be required, which includes sign review)
Model Home Signs
Business Use Marketing Signs
Building Construction Signs
Coming Soon Signs (less than 100 acres)
Open House Signs
Directory Signs
Home Occupation Signs
Commercial Signs on Residential Properties
Single-Family and Two-Family Marketing Signs
Incidental Signs
Refacing any Tenant Panel in Multi-tenant Sign
Regulatory Signs
Neighborhood Event Signs
Political Campaign Signs

(b)

Fees. All applications for sign permits shall be accompanied by the appropriate fee(s) as set forth in appendix A of the Round Rock Code of Ordinances.

(c)

Permission of property owner. No sign shall be erected, constructed or maintained upon any property or building without the consent of the owner or their authorized representative.

(d)

Permit application review.

(1)

The application, plans, specifications, computations and other data filed by an applicant for permit shall be reviewed by the city to verify compliance with all applicable laws.

a.

Applicants for a permit to install an electrical sign shall maintain the appropriate State of Texas electrical sign contractor's license or an electrical contractor's license.

(2)

For signs located in original settlement (OS) special areas identified in this chapter, the following shall be considered in the review and approval of a sign permit application:

a.

The design of signs shall be compatible with the character of the surrounding area and other conforming signs.

b.

The materials used in the construction of the sign shall be the same or similar to those found in the construction of the city's historic districts and historic landmarks in the area.

c.

Wherever possible, colors from historic palettes shall be used.

d.

Signs shall not cover, obstruct, damage or otherwise adversely affect the building's salient architectural or historic features.

e.

The painting or otherwise coating of previously unpainted masonry surfaces requires a Certificate of Appropriateness for property designated as an historic landmark or in the historic district.

f.

Installation of any attachment or bracket to a historic building shall require a Certificate of Appropriateness. Drilling directly into historic stone or brick rather than mortar shall be prohibited, unless approved with a Certificate of Appropriateness.

(3)

A comprehensive sign plan (CSP) may be submitted that considers unique conditions, flexibility and creativity. Such CSP is subject to approval by the Zoning Administrator.

(4)

A CSP shall be required for a planned unit development and is subject to approval by the City Council. Once a CSP has been approved, subsequent applications for specific signs shall be approved administratively for compliance with the approved CSP.

(e)

Permit issuance.

(1)

Approved plans. Approved plans associated with a permit application shall not be changed, modified or altered without authorization from the city, and all work shall be done in accordance with the approved plans.

(2)

Validity of permit. If the work authorized by a permit issued under this chapter has not been commenced within 180 days after the date of issuance, the permit shall become null and void.

(3)

Suspension or revocation. The city may, in writing, suspend or revoke a permit under the provisions of this chapter when the permit is issued in error, is based on incorrect information supplied or is a violation of this chapter or any other ordinance of the City of Round Rock or laws of the State of Texas or the federal government. Any signs installed under a revoked permit shall be removed within ten days of written notice of the revocation.

(f)

Inspections.

(1)

General. All signs for which a sign permit is required shall be subject to inspection. It shall be the duty of the permit applicant to cause the work to be accessible and exposed for inspection purposes. The city shall not be liable for expense entailed in the removal or replacement of any material required to allow inspection. The permit and approved plans are to be available and accessible at the job site for all inspections.

(2)

Inspection requests. It shall be the duty of the person doing the work authorized by a permit to notify the city that such work is ready for inspection. It shall be the duty of the applicant to request a final inspection upon completion of installation of any sign requiring a permit.

(3)

Approval required. No work shall be done on any part of the structure beyond the point indicated in each successive inspection without first obtaining approval. Such approval shall be given only after an inspection shall have been made of each successive step in the construction.

a.

Freestanding signs. Each successive inspection includes a location inspection and a pole hole inspection prior to concrete pour. The last inspection scheduled by the applicant shall be the final inspection, after the sign has been installed.

b.

Building signs. Each successive inspection includes an electrical inspection, if applicable. The last inspection scheduled by the applicant shall be the final inspection after the sign has been installed.

c.

Certificate of Compliance. A Certificate of Compliance in lieu of a sign permit shall be issued for signs located in the city's extraterritorial jurisdiction. The applicant shall schedule a final inspection after the sign has been installed.

(g)

Appeals.

(1)

The Zoning Board of Adjustment shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made in the enforcement of this chapter.

(2)

Appeals shall be filed no later than ten business days from the final action on a sign permit.

(3)

The decisions of the Zoning Board of Adjustment shall be final. Any appeal of the Zoning Board of Adjustment shall be subject to court review as prescribed by law.

(h)

Removal of signs in a prohibited area.

(1)

Any sign found within a prohibited area is hereby declared to be illegal and may be removed by the city.

(2)

Any sign removed by the city shall immediately become the property of the city.

(3)

The removal of any sign by the city shall not preclude the city from prosecuting any person for violating this subsection.

(Ord. No. O-2022-234, § II, 7-14-2022)

(a)

Owners of signs which do not strictly comply with the terms of this chapter may seek an approval as an exception from the Zoning Board of Adjustment.

(1)

The following shall be considered in the review of a permit application for an exception for a sign:

a.

The existence of specific site opportunities or constraints.

b.

Consideration for novelty signs or signs that have a structure that does not conform to freestanding sign types or building sign types listed in Secs. 8-76 and 8-78.

c.

Situations where a sign display area is obscured by building setbacks, surrounding buildings, existing trees or elevated roadways.

d.

New and/or innovative concept in sign manufacturing which are not specifically addressed in this chapter.

(2)

In order for an exception to the sign regulations to be approved, the Zoning Board of Adjustment shall find that:

a.

There are no associated vehicular safety issues that would result from the location of the sign.

b.

The sign is compatible with the surrounding development.

c.

The sign does not result in reduced compliance with regulations in other chapters of the city Code.

d.

The sign's location meets the requirements pertaining to easements in this chapter.

e.

The exception is not being used to allow a sign type that would not otherwise be permitted by this chapter, with the exception of those meeting the criteria of subsections (1)b or (1)d, above.

(Ord. No. O-2022-234, § II, 7-14-2022)

(a)

For the purpose of area identification, an area identification sign or entry feature sign is permitted provided it meets the following criteria:

(1)

Area identification signs and entry feature signs shall be limited to the following uses: Identification of a residential subdivision, a multi-occupant center with ten or more acres, mixed-use districts developed as one development, universities, business parks, or similar developments with multiple buildings.

(2)

Signs shall not contain any other form of advertising, and shall identify only the name of the subdivision, district or development.

(3)

The sign shall be constructed of stone, brick or metal with a stone or brick base, or other material approved by the Zoning Administrator. The base shall constitute a minimum of 20 percent of the total allowable sign height, with no less than 75 percent of the width of the sign in contact with the ground. No visible plastics shall be permitted for any portion of the sign.

(4)

The sign may be located at an off-premises location adjacent to a commercial roadway to identify the primary entrance to the area.

(5)

A sign located in the sight visibility triangle shall be no more than three feet in height.

(6)

Only shielded external illumination and illumination by halation shall be permitted. No internal illumination shall be permitted.

(7)

EMCs shall be prohibited.

(8)

One sign shall be permitted for each main entrance to a development. If the entry signage is designed to appear as one unit that is divided by the roadway at a main entrance to a residential subdivision, it may be considered as one sign in compliance with this section, provided that the total sign display area of the signage does not exceed the allowable maximum sign display area for the road type.

(9)

In addition to a sign at a main entrance, one decorative feature may be placed in conjunction with the sign. The decorative feature shall not count towards the maximum sign area. In no instance, shall a decorative feature's height exceed ten feet above the maximum building height for the zoning district in which the area identification sign is located. Accessory structures associated with an area identification sign shall be no more than 15 feet tall.

(10)

The sign is prohibited in the public right-of-way unless approved in writing by the city.

(11)

The sign size shall be as follows:

(12)

The maximum sign display area for area identification and entry feature signs on freeways shall be 100 square feet, with the exception of mixed-use and nonresidential areas with a total area of greater than 50 acres which may have signs that are up to 200 square feet.

(13)

The applicant shall be required to provide a structural drawing completed by an engineer demonstrating a wind load of 105 mph or greater for any area identification/entry feature sign greater than four feet in height.

(Ord. No. O-2022-234, § II, 7-14-2022)

(a)

For the purpose of identifying a multifamily development in the MF-1, MF-2, and MF-3 zoning districts or similar developments in other zoning districts or planned unit developments, multifamily signs are permitted provided they meet the following criteria:

(1)

Multifamily freestanding signs.

a.

Signs shall not contain any other form of advertising and shall identify only the name of the multifamily development.

b.

The sign shall be constructed of stone, brick or metal with a stone or brick base, or other material approved by the Zoning Administrator. The base shall constitute a minimum of 20 percent of the total allowable sign height, with no less than 75 percent of the width of the sign in contact with the ground. No visible plastics shall be permitted for any portion of the sign.

c.

A sign located in the sight visibility triangle shall be no more than three feet in height.

d.

Only shielded external illumination and illumination by halation shall be permitted. No internal illumination shall be permitted.

e.

EMCs shall be prohibited.

f.

One sign shall be permitted for each residential entrance to a development.

g.

The sign is prohibited in the public right-of-way unless approved in writing by the city.

h.

The applicant shall be required to provide a structural drawing completed by an engineer demonstrating a windload of 105 mph or greater for any area identification/entry feature sign.

i.

The sign size shall be as follows:

(2)

Multifamily building signs.

a.

Building signs for multifamily developments shall be limited to communal areas and structured parking garages.

b.

Buildings shall have a plane that can accommodate the placement of a sign.

c.

A distance of no less than ten percent of the smallest dimension of the entire sign display area of a wall sign shall be provided around the entire sign display area and from any architectural features. For buildings greater than two stories, signs shall be placed on the uppermost story adjacent to the top of the building and/or on the ground floor adjacent to public entrances.

d.

All surfaces of a sign shall be finished. Signs shall be mounted to a building so that the attachment device shall not be visible or discernible. Wall signs exceeding 16 square feet of sign display area shall not be a single, flat surface. In no instance, shall more than two flat panel signs be permitted when the total sign area is less than or equal to 75 square feet and no more than three flat panel signs shall be permitted when the sign area is greater than 75 square feet. Wall signs shall be constructed of rigid materials such as wood, metal, plastic or an equivalent material. No visible plastics of any kind are permitted on wall signs in the OS or DT special areas with the exception of high-density urethane or similar coated product or vinyl coatings used as a paint equivalent.

e.

Only shielded external illumination and illumination by halation shall be permitted. No internal illumination shall be permitted.

f.

EMCs shall be prohibited.

g.

Incidental signs associated with multifamily developments are exempt from these regulations.

h.

Canopy, hanging, and projecting signs shall be allowed and shall meet the requirements set forth in the building sign section for these type of signs Sec. 8-76.

i.

The total allowable sign area of all building signs shall be one linear foot sign display area per one linear foot of occupant frontage of the total elevation.

(Ord. No. O-2022-234, § II, 7-14-2022)

Editor's note— With the inclusion of new provisions codified as § 8-86 by Ord. No. O-2022-234, existing §§ 8-86—8-91 were renumbered accordingly, as herein set out.

(a)

Subdivision marketing. For the purpose of marketing lots within a recorded subdivision, one on-premises sign of not more than 256 square feet for each road abutting the respective subdivision shall be allowed, provided that such sign shall not exceed 30 feet in height.

(b)

Model home signs. Model home signs shall meet the following standards:

(1)

Each model home complex shall be allowed one freestanding sign and each individual model home shall be allowed one freestanding sign or one wall sign located on the site of a model home.

(2)

Freestanding signs shall require a permit. Model home wall signs shall not require a permit.

(3)

Freestanding model home signs shall be a monument, pedestal, armature or post/panel sign.

(4)

Each model home sign shall not exceed four square feet in sign display area and five feet in height.

(5)

Model home complex freestanding signs shall be located a minimum of ten feet from street property lines.

(c)

Single-family and two-family marketing. In areas zoned SF-1, SF-2, SF-3, SF-D, or TF, for the purposes of marketing a building for sale or lease, one on-premises sign of not more than four square feet shall be allowed. No permit shall be required for such sign.

(d)

Business use real estate marketing sign. For the purpose of marketing a building or portion thereof, for sale or lease, on a site with commercial, office, business park, industrial or multifamily uses, one on-premises real estate marketing sign shall be allowed. No permit shall be required for such sign(s). The size of a real estate marketing sign shall be determined as follows:

(1)

On a zoned lot of less than one acre. On a site of less than one acre, the display area of a real estate marketing sign shall not exceed 16 square feet and eight feet in height.

(2)

On a site of one acre or more, the display area of a real estate marketing sign shall not exceed 32 square feet and eight feet in height.

(3)

On a site for new construction or major renovation on three acres or more one on-premises real estate marketing sign shall be allowed. Such sign shall have a sign display area of more than 128 square feet and a height of not more than 16 feet. The sign must be removed after two years or when 80% percent of all buildings on the site have been sold or leased, as measured by gross floor area, whichever occurs first. The time period for the sign will begin when the first building permit is issued. After the 128 square foot sign is removed, it may be replaced by a 32 square foot sign. Any freestanding sign greater than 32 square feet shall be constructed of a rigid material and shall not be a banner.

(e)

Building construction sign. During construction of a business use, one non-illuminated building construction sign per frontage advertising contractors or architects working on such premises shall be permitted in addition to real estate marketing signs permitted in this subsection. Such sign(s) shall not be more than 32 square feet in area and shall be set back at least ten feet from the front property line. Such sign(s) shall be removed immediately upon the completion of the building.

(f)

Coming soon sign.

(1)

During construction of a business use that is on a site that is less than five acres, one non-illuminated post and panel sign per frontage advertising that one or more businesses will open soon shall be permitted in addition to real estate marketing signs permitted in this subsection. Such sign shall be made of a rigid material, have a sign display area of not more than 32 square feet, and shall be no more than six feet tall.

(2)

During construction of a business use that is on a site that is at least five acres but less than 100 acres, one non-illuminated sign per frontage advertising that one or more businesses will open soon shall be permitted in addition to real estate marketing signs permitted in this subsection. Such sign shall be made of a rigid material, have a sign display area of not more than 64 square feet, and shall be no more than ten feet tall.

(3)

During construction of a business use that is on a site that is 100 acres or larger, two signs per frontage advertising that a business will open soon shall be permitted in addition to real estate marketing signs permitted in this subsection. Materials and illumination shall be approved by the zoning administrator. Such signs shall have a sign display area of not more than 256 square feet each and shall be no more than 30 feet tall.

(4)

Coming soon signs shall be removed prior to the installation of permanent signs.

(g)

Open house sign. Open house signs shall be permitted in certain city rights-of-way in accordance with the following standards:

(1)

Sign placement requirements. For each residence offered for sale, one open house sign may be placed on city property at the locations and times specified below:

a.

Location. In city-owned or controlled public rights-of-way that is also within 75 feet of the center point of the intersection of any city controlled local street or collector and the following city controlled arterial roadways:

A.W. Grimes Boulevard;

Bowman Road;

University Boulevard;

County Road 112;

Creek Bend Boulevard;

Double Creek Drive;

Forest Creek Drive (west of Red Bud Lane (County Road 122) only);

Gattis School Road;

Greenlawn Boulevard (south of Gattis School Road only);

Hesters Crossing Road;

High Country Boulevard;

McNeil Road;

Old Settlers Boulevard (east of Mays Street only);

Red Bud Lane (County Road 122);

Sam Bass Road;

Sunrise Road; and

Wyoming Springs Drive;

Open house signs shall not be placed at any intersection of any two of the above-listed arterials or at the intersection of any state or federal highway and any of the above-listed arterials.

b.

Date and time. On Saturdays, Sundays, and federal holidays between the hours of 12:00 noon and 6:00 p.m.

c.

Number. Only one open house sign shall be placed at any of the above-described locations. If more than one property is offered for sale for which an open house is being conducted, more than one open house sign may be placed at any of the above-described locations, provided that each such open house sign shall show the address of the property offered for sale.

(2)

Sign contents. An open house sign shall contain only the following information:

a.

The words "Open House";

b.

The words "For Sale by Owner" or the real estate agent's name and/or logo;

c.

The address of the open house; and

d.

A directional arrow.

(3)

Other provisions.

a.

Condition of signs. Each open house sign shall be in good condition and any unsightly or damaged sign shall be immediately replaced as requested by the city.

b.

Indemnification. The sign owner agrees to hold harmless, defend, and indemnify the city for and from any third-party claims or liability (including any reasonable defense costs and attorneys' fees) to the extent it arises from the sign owner's placement of a sign in the city's right-of-way.

(Ord. No. O-2022-234, § II, 7-14-2022)

(a)

Promotional signs for civic, philanthropic, educational, or religious organizations shall be allowed if they comply with the following regulations:

(1)

Promotional signs shall not exceed 40 square feet in area;

(2)

One promotional signshall be allowed per event;

(3)

Promotional signs shall be posted no more than 14 days prior to the event and shall be removed within three days after the event.

(4)

Any promotional sign or banner placed in or over a street or public right-of-way shall require the approval of the city.

(b)

Promotional signs for business uses shall be allowed if they comply with the following regulations:

(1)

One promotional sign for a business use shall be allowed for an event of civic, philanthropic, educational, or religious organization where a portion of the event is held outdoors, and the event is not part of the business' uses normal operations.

(2)

Sign must be a banner or a sandwich board;

(3)

Promotional signs shall not exceed 40 feet in area; and

(4)

Promotional signs shall be posted no more than 14 days prior to the event and shall be removed within three days after the event.

(Ord. No. O-2022-234, § II, 7-14-2022)

(a)

Neighborhood event signs shall be allowed only if they comply with the following regulations:

(1)

Neighborhood event signs shall not exceed six square feet in area;

(2)

Neighborhood event signs shall not exceed four feet in height;

(3)

Neighborhood event signs shall be posted no more than seven days prior to the event and shall be removed within three days after the event; and

(4)

Neighborhood event signs shall be posted only on private property adjacent to neighborhood roads and within the boundaries of the neighborhood holding or sponsoring the event.

(Ord. No. O-2022-234, § II, 7-14-2022)

(a)

Neighborhood information kiosks shall be allowed only if they comply with the following regulations:

(1)

The sign display area of the kiosk shall not exceed 40 square feet in area;

(2)

The kiosk shall not exceed seven feet in height;

(3)

The kiosk shall be constructed only of stone, brick, metal or wood, except that plexiglass may be used to protect the display area;

(4)

The kiosk shall be placed either on property owned by the homeowners association or neighborhood association or on public property pursuant to a license agreement approved by the city council or city manager;

(5)

The kiosk shall not be attached to an area identification sign;

(6)

The kiosk shall not contain any commercial advertising other than the name and address of the sponsor of the kiosk;

(7)

The kiosk shall contain the contact information of the homeowners association or neighborhood association;

(8)

The kiosk shall be illuminated only by shielded external illumination;

(9)

EMC's are prohibited on kiosks; and

(10)

A permit pursuant to Sec. 8-83 shall be required before a kiosk is constructed.

(Ord. No. O-2022-234, § II, 7-14-2022)

(a)

Garage/yard sale signs are permitted only on private property on which the garage/yard sale is being conducted. Such signs are permitted no more than 24 hours prior to a sale and must be removed immediately after such sale.

(b)

One sign not exceeding four square feet displaying contractor's information shall not be considered an off-premises sign when an active project is in progress or workers are present at the work site.

(Ord. No. O-2022-234, § II, 7-14-2022)

Editor's note— Formerly entitled "Garage/yard sale signs," which was renumbered and retitled as herein set out by Ord. No. O-2022-234.

(a)

Political campaign signs located on private property are exempt from the regulations of this article.

(b)

Except as provided in subsections (c) and (d) below, it shall be unlawful for any person to post a political campaign sign on or over any public property in the city.

(c)

A temporary political campaign sign or literature may be placed on public property that serves as an early voting location or an election day voting location. Only signs and literature that refer to a candidate or issue that is on the ballot at a particular voting location may be placed at that voting location. A maximum of ten signs per candidate or issue may be placed at each polling location. Each temporary political sign or literature placed on public property being used as a polling location may not:

(1)

Have an effective area greater than three square feet;

(2)

Be more than four feet high;

(3)

Be illuminated or have any moving elements;

(4)

Be within 100 feet of an outside door through which a voter may enter the public building;

(5)

Be on driveways, parking areas, or medians within parking areas on the premises, with the exception of political campaign signs attached to vehicles lawfully parked at the premises;

(6)

Be attached, placed or otherwise affixed in any area designated as a planting or landscaped area or to any tree, shrub, building, pole or other improvement;

(7)

Be placed within ten feet of the public roadway adjacent to the premises;

(8)

Be placed on the premises earlier than 24 hours before the commencement of early voting if being placed at an early voting location or the commencement of election day voting if being placed an election day voting location; and

(9)

Remain on the premises more than 24 hours after early voting has ended if placed at an early voting location or after election day voting has ended if being placed at an election day voting location.

(d)

A political campaign sign is permitted in the public street right-of-way only if all of the following requirements are met:

(1)

The sign does not exceed four square feet in total sign display area;

(2)

The sign is located in a portion of the public street right-of-way immediately adjacent to the property or residence owned or occupied by the person posting or consenting to the posting of the sign;

(3)

The sign does not interfere with the public's use of the roadway or sidewalk;

(4)

The sign must not be higher than three feet if it is located within the sight visibility triangle; and

(5)

The sign is not located in the right-of way of a highway or commercial road.

This exception does not include state highways per V.T.C.A., Transportation Code § 392.032.

(e)

In a campaign for political office, the candidate for such office shall be deemed the person responsible for the posting of political campaign signs, unless he first notifies the city clerk of another person who is responsible. In such cases, the candidate shall provide the name, address, telephone number, and signed consent of such other responsible person. In a campaign regarding a ballot measure, the president of the committee supporting or opposing such ballot measure shall be deemed responsible, unless he first notifies the city clerk of another person responsible, in the manner described above. Such candidate, committee president, or other designated person shall be subject to prosecution for any violation of this section.

(f)

Members of the city staff are hereby authorized and directed to remove any political campaign sign found posted within the corporate limits of the city when such sign is in violation of the provisions of this section.

(g)

All political campaign signs posted on public property in violation of this section are hereby declared to be public nuisances, and may be abated as such by the city. All political campaign signs posted on public property shall be deemed to be abandoned and shall become the property of the city and may be disposed of at the discretion of the city.

(Ord. No. O-2022-234, § II, 7-14-2022)

The 2015 edition of the International Existing Building Code (including all appendices) as published by the International Code Council, one copy of which shall be placed on file in the office of the city clerk, is hereby adopted as the Existing Building Code of the City of Round Rock. Penalties, conditions and terms of said International Existing Building Code are hereby adopted and made a part hereof as if fully set out in this article, except as amended hereafter.

(a)

The International Existing Building Code is amended as follows:

(1)

Section 101.1. Inserted: City of Round Rock, Texas.

(2)

Section 1401.2. Inserted: January 1, 2007.

The 2015 edition of the International Building Code (including all appendices) as published by the International Code Council, one copy of which shall be placed on file in the office of the city clerk, is hereby adopted as the Building Code of the City of Round Rock. Penalties, conditions and terms of said International Building Code are hereby adopted and made a part hereof as if fully set out in this article, except as amended hereafter.

(a)

The International Building Code is amended as follows:

(1)

Section 101.1. Inserted: City of Round Rock, Texas.

(2)

Section 1612.3. Inserted: City of Round Rock, Texas.

(3)

Section 1612.3. Inserted: of most current date.

The 2015 edition of the International Residential Code (including all appendices) as published by the International Code Council, one copy of which shall be placed on file in the office of the city clerk, is hereby adopted as the Residential Code of the City of Round Rock. Penalties, conditions and terms of said International Residential Code are hereby adopted and made a part hereof as if fully set out in this article, except as amended hereafter.

(a)

The International Residential Code is amended as follows:

(1)

Section R101.1. Inserted: City of Round Rock, Texas.

Permit fees for the building codes adopted in this division shall be as currently established or as hereafter adopted by resolution of the city council from time to time.

Any person, firm, corporation or other legal entity which is required to secure a permit from or the consent of any administrative department within the corporate structure of the city prior to commencing any construction, repair, work, labor or service shall be required to furnish the appropriate department head having the authority to issue said permit, or the authority to give the necessary consent, valid certificates of insurance evidencing therein that said person, firm, corporation, or other legal entity has in full force and effect a valid policy of public liability insurance and workers' compensation insurance, to be issued by an insurance company licensed to do business in the state. The public liability insurance policy shall provide liability insurance in an amount as currently established or as hereafter adopted by resolution of the city council from time to time, and the workers' compensation insurance policy shall be in an amount not less than the minimum coverage required by the statutes of the state.

All construction projects within the incorporated limits or the extraterritorial limits of the city in which trench excavation will exceed a depth of five feet shall include in all contracts and bid documents detailed plans and specifications for trench safety systems. Said systems shall meet Occupational Safety and Health Administration standards and a separate pay item shall be included in the plans and specifications for these systems.

(a)

Model Homes. Building permit(s) for up to four Model Homes per Final Plat may be issued when the following conditions have been met:

(1)

All applicable permits have been issued;

(2)

All water mains providing service to the subdivision section in which the lot is located have been constructed, installed, and connected to the city's water system by the developer and inspected, tested, and approved by the city;

(3)

All on-site wastewater mains providing service to the subdivision section in which the lot is located have been constructed and installed by the developer and inspected, tested, and approved by the city;

(4)

All off-site wastewater mains providing service to the subdivision section in which the lot is located have been constructed, installed, and connected to the city's wastewater system by the developer and inspected, tested, and approved by the city;

(5)

All streets, curbs, and gutters, required by this Code have been installed and inspected by the city;

(6)

Staff review has been completed; and

(7)

All necessary fees have been paid.

As used herein, Model Home means a housing unit typical of the styles available for sale in a particular subdivision but used for display and sales only. No more than four models shall be permitted for any Final Plat.

(b)

Initial Homes. Building permit(s) for up to twenty-six Initial Homes per Final Plat, or up to 50 percent of the homes in a Final Plat containing fewer than twenty-six homes, may be issued when the following conditions have been met:

(1)

All applicable permits have been issued;

(2)

The developer has been issued a Certificate of Substantial Completion for the Final Plat in accordance with Sec. 4-99;

(3)

Staff review has been completed; and

(4)

All necessary fees have been paid.

As used herein, Initial Homes means a housing unit that may be permitted before a Certificate of Acceptance has been issued for the Final Plat.

(c)

Other Homes. Building permit(s) for Other Homes may be issued when the following conditions have been met:

(1)

All applicable permits have been issued;

(2)

The developer has been issued a Certificate of Acceptance for the Final Plat, although exceptions may be made for completion of landscaping if a bond of the appropriate value is provided;

(3)

Staff review has been completed; and

(4)

All necessary fees have been paid.

As used herein, Other Homes means residential construction other than Model Homes and Initial Homes.

(a)

A building permit shall be required for the expansion of existing parking facilities and/or access drives and for the construction of new parking facilities and/or access drives for any existing commercial or industrial use or for a residential use of more than four units. Such permit shall not be issued until the following conditions have been met:

(1)

The design of all proposed curb cuts has been accepted by the PDS director and a street cut permit has been issued;

(2)

The drainage plan has been accepted by the PDS director and all applicable requirements of chapter 4, article VII of this Code have been met;

(3)

All landscape ordinance requirements have been met and approved by the PDS director;

(4)

All necessary fees have been paid; and

(5)

The design of all parking facilities and the location of all access drives have been approved by the PDS director.

Each principal building shall display the number assigned to the frontage on which the front entrance is located. Numerals indicating the official numbers for each principal building or each front entrance to such building shall be posted in a manner as to be clearly marked and legible and distinguishable from the street on which the property is located, with letters painted or applied, of a contrasting color to the background, of not less than 2½ inches in height. If a building or dwelling is situated in such a way that the numbers cannot be easily seen from the roadway in front of said structure, then a sign or number post must be used in front of the structure and placed in such a way that it can be easily seen from the roadway.

(a)

For all applications filed under this article, the following shall apply:

(1)

Application filed. Pursuant to V.T.C.A., Local Government Code ch. 245, as amended, the rights to which an applicant is entitled shall accrue on the filing of an application that gives the city fair notice of the project and the nature of the permit sought. An application is considered filed on the date the applicant mails by certified mail or delivers the application to the following address:

City of Round Rock
Attn: Chief Building Official
301 West Bagdad Avenue
Round Rock, TX 78664

(2)

Expiration of application. An application shall expire 45 days after the date the application is filed if:

a.

The applicant fails to provide the documents or other information necessary to comply with the city's technical requirements relating to the form and content of the application;

b.

The city provides the applicant, no later than ten business days after the date the application is filed, written notice of the failure that specifies the necessary documents or other information and the date the application will expire if the documents or other information is not provided; and

c.

The applicant fails to provide the specified documents or other information within the aforesaid 45-day period.

(a)

Generally.

(1)

It shall be unlawful for any person to use or occupy any building or structure or portion thereof until the building official of the city has issued either a certificate of occupancy or temporary certificate of occupancy therefor as provided herein.

(2)

It shall be unlawful for any person to change the existing occupancy classification of a building or structure or portion thereof until the building official of the city has issued a certificate of occupancy or temporary certificate of occupancy therefor as provided herein.

(3)

For buildings or structures wherein the owner or developer has applied for a building permit, no further application for a certificate of occupancy shall be required. For buildings or structures wherein the owner or developer has not applied for a building permit, a certificate of occupancy shall be applied for in the office of the building official on forms provided by the city.

(b)

Multi-building projects and phased plans for multi-building projects.

(1)

Except as provided below, it shall be unlawful for any person to use or occupy any building or structure or portion thereof in a multi-building or structure project on a single platted lot until the building official has issued a certificate of occupancy or temporary certificate of occupancy for every building or structure in the project. Certificates of occupancy may be issued for separate buildings or structures in a multi-building project on a single platted lot if the owner or developer submits a plan ("phasing plan") as part of the site plan submitted for review and approval to the city's PDS director as provided under Sec. 10-45 of this Code that:

a.

Requests that the multi-building project ("phased project") be developed and inspected in phases;

b.

Indicates the specific sequencing of the phasing plan and the number of buildings for each phase;

c.

Indicates the site improvements showing access, utilities and fire protection for each building and phase; and

d.

The PDS director approve(s) the phasing plan.

(2)

Should a developer or owner submit such a phasing plan described above, the last building to be completed in the phased project shall not be occupied until the building official has issued a certificate of occupancy or temporary certificate of occupancy for such building and the entire phased project, including all site improvements, is complete.

(3)

If construction on the phased project ceases before the last building has passed final inspection, and the building permit has expired, the project may be redefined to consist of only those buildings that have passed final inspection, and it shall be unlawful to occupy any building or structure until a certificate of occupancy or a temporary certificate of occupancy has been issued. Any subsequent construction at the same site shall not occur until appropriately permitted by the building official.

(4)

It shall be unlawful for individual buildings or structures of a multiple building project other than a phased project to be used or occupied until every building in the entire project has been issued a certificate of occupancy or temporary certificate of occupancy.

(c)

Issuance.

(1)

Prior to issuance of a certificate of occupancy, the following criteria must be met:

a.

A certificate of zoning compliance, where required, has been issued;

b.

All fees and costs owed to the city which were generated by or from such building or structure have been paid in full;

c.

All subdivision improvements required under Chapter 4, Subdivisions, have been accepted by the city as provided for in Chapter 4, article VIII;

d.

The building or structure has received and passed the final inspection conducted by the building official;

e.

The site improvements shown in the site development plans (the "plans") approved by the of the PDS director have been completed and have passed all required inspections;

f.

"As-built" Mylars of the plans have been submitted, reviewed and found satisfactory by the city;

g.

A letter is submitted, reviewed and found satisfactory by the city certifying that all public and private improvements constructed on the site are in substantial conformance with the plans;

h.

A final city fire inspection has been conducted and passed;

i.

The landscaping requirements provided for in Sec. 8-10 have been satisfied;

j.

A one-year warranty bond in the amount of ten percent of the cost of all public site improvements to be accepted by the city has been submitted and the bond has been reviewed and found satisfactory by the city, or other fiscal arrangements acceptable to the city attorney have been made, guaranteeing the said improvements for one year after acceptance of the improvements by the city. A letter shall accompany the warranty bond certifying the construction costs of the improvements;

k.

All necessary easements or release of easements have been prepared and/or reviewed, dedicated and recorded; and

l.

The building official has determined that there are no violations of the provisions of the city's building codes or other laws that are enforced by the building official.

(2)

Upon meeting the requirements provided for in subsection (c)(1) of this section, the building official shall issue a certificate of occupancy that contains the following:

a.

The building permit or application number;

b.

The address of the building or structure;

c.

The name and address of the owner;

d.

A description of that portion of the building or structure for which the certificate is issued;

e.

A statement that the described portion of the building or structure has been inspected for compliance with the requirements of this Code for the occupancy, division of occupancy and use for which the proposed occupancy is classified;

f.

The name of the building official;

g.

The edition of the building code under which the permit was issued;

h.

The use and occupancy, in accordance with the provisions of the building code adopted by the city;

i.

The type of construction as defined by the building code adopted by the city;

j.

The design occupant load;

k.

If an automatic sprinkler system is provided, whether the sprinkler system is required;

l.

Any special stipulations and conditions of the building permit; and

m.

The certificate must be dated and contain the name and signature of the PDS director.

(3)

A certificate of occupancy shall be required for the following:

a.

To occupy a newly constructed building or structure;

b.

To change the existing occupancy classification of a building, structure or portion thereof from the previous certificate;

c.

To occupy the interior of a shell that has been finished-out for a specified occupancy;

d.

To occupy each separate building or structure within a multiple building or structure project or, where multiple buildings are phased together for permit purposes, for all buildings under such permit; and

e.

To occupy an addition to an existing building or structure.

(4)

Issuance of a certificate of occupancy shall not be construed as waiving any provisions of the city's ordinances or regulations or state or federal laws or regulations or as an approval of a violation of the provisions of the city's ordinances or regulations or state or federal laws or regulations.

(5)

A record of all certificates of occupancy shall be maintained on file in the office of the building official of the city and copies shall be furnished to citizens in accordance with applicable law.

(d)

Temporary certificate of occupancy.

(1)

Except as provided in subsection (3) below, a temporary certificate of occupancy shall not be issued for single-family and two-family occupancies.

(2)

For all occupancies other than single-family and two-family occupancies, a temporary certificate of occupancy may be considered for issuance by the building official where all of the following conditions are met:

a.

Site construction is substantially complete in conformance with approved plans;

b.

Any incomplete improvements are not related to the Americans with Disabilities Act (ADA) barrier-free compliance requirements;

c.

The building official determines that such building or structure or portion thereof may be occupied and used safely;

d.

Any site improvements not completed are minor in nature and are related to paving, utility adjustments, or similar features;

e.

A placement/completion schedule is submitted and approved by the city;

f.

A performance guarantee, letter of credit or other form of financial assurance, in a form acceptable to the city attorney, which is equal to 120 percent of the cost of all incomplete site improvements listed in subsection d. above, as estimated by the developer or owner and concurred with by the building official, is submitted with the application for a temporary certificate of occupancy;

g.

The city's fire marshal has concurred with the issuance of the temporary certificate of occupancy; and

h.

The water and wastewater systems serving the building or structure and the water system providing fire protection to the building or structure have been completed, tested, and are fully operational.

(3)

Except as provided herein, temporary certificates of occupancy shall not be issued in the event the required landscaping is not installed. For all occupancies, including single-family and two-family occupancies, a temporary certificate of occupancy will be considered for issuance by the building official when the required landscaping has not been installed, only if all of the following conditions are met:

a.

Mandatory water use restrictions have been implemented in accordance with Chapter 44, article VIII, of the Code of Ordinances;

b.

All conditions for the issuance of a final certificate of occupancy have been met with the sole exception of the installation of the required landscaping; and

c.

A performance guarantee, letter of credit or other form of financial assurance, in a form acceptable to the city attorney, which is equal to 100 percent of the cost of all required landscaping, as estimated by the developer or owner and concurred with by the building official, is submitted with the application for a temporary certificate of occupancy.

A temporary certificate of occupancy issued hereunder shall expire 45 days after all mandatory water restrictions are lifted by the city. If the required landscaping is not installed prior to the expiration of the temporary certificate of occupancy, it shall be unlawful for anyone to occupy the building or structure for which the temporary certificate of occupancy was issued.

(4)

Except as provided in subsection (d)(3) above, temporary certificates of occupancy shall be valid for a period of time determined by the building official, but not to exceed 60 days. Said period shall be based upon a reasonable estimate of the time necessary to complete all remaining improvements and to satisfy all remaining requirements.

(5)

When circumstances beyond the control of the owner or developer warrant, the building official may grant an extension of the temporary certificate of occupancy for one additional period of time not to exceed 60 days. Any further extension of a temporary certificate of occupancy requires the approval of the city council.

(6)

The building official shall maintain a record of all temporary certificates of occupancy.

(e)

Revocation or suspension. The building official is authorized to suspend or revoke a certificate of occupancy or temporary certificate of occupancy issued hereunder if such certificate was issued in error, on the basis of incorrect information, or if it is determined that the building or structure or any portion thereof is in violation of any city ordinance or regulation or any state or federal law or regulation.

(f)

Fees.

(1)

Where no building permit is required but a certificate of occupancy is necessary, an application fee in the amount as currently established or as hereafter adopted by resolution of the city council from time to time shall be paid at the time of filing an application for a certificate of occupancy, which fee shall include one inspection.

(2)

An application fee in the amount as currently established or as hereafter adopted by resolution of the city council from time to time shall be paid at the time of filing an application for a temporary certificate of occupancy and shall include one inspection. A fee in the amount as currently established or as hereafter adopted by resolution of the city council from time to time shall be paid at the time of filing an application for the extension of a temporary certificate of occupancy.

(3)

Reinspection fees shall be paid in accordance with Sec. 8-106.

(4)

Where an application fee for a certificate of occupancy or temporary certificate of occupancy, or extension thereof, has been paid but the application denied, the city shall not refund the application fee. Subsequent applications shall be accompanied by the fee stipulated in subsections (f)(1) or (2) of this section.

(g)

Authority to disconnect utilities.

(1)

The city shall have the right to disconnect or have disconnected utility services including, but not limited to, electric, gas, water and/or wastewater services to a building or structure being occupied in violation of this division.

(2)

In the case of imminent endangerment to the health or welfare of persons, the city shall give oral notice to an owner or occupant of a building or structure that is being occupied in violation of this division before disconnecting any utility service and shall, within 24 hours, follow with written notice of such violation.

(3)

Under all other conditions for disconnection, the city shall give three days' written notice before disconnection.

(4)

Any utility service disconnected in accordance with this division shall remain disconnected until such time as compliance with this division is achieved and the building official approves such reconnection. All costs for such reconnection or additional amounts that may be required as a result of such disconnection shall be borne by the owner or occupant.

(5)

The city shall not be liable for any resulting damage to a building or structure or any property of the owner as a result of disconnection of any utility service under this division.

(a)

In a residential zone, or within 500 feet of a residential zone, no construction work performed in association with an approved building permit shall occur before 7:00 a.m. or after 9:00 p.m.

(b)

In a residential zone, or within 500 feet of a residential zone, no construction work performed in association with an approved grading permit, subdivision improvement permit, or site development permit shall occur before 7:00 a.m. or after 6:00 p.m.

The 2015 edition of the International Energy Conservation Code (excluding all appendices) as published by the International Code Council, one copy of which shall be placed on file in the office of the city clerk, is hereby adopted as the Energy Conservation Code of the City of Round Rock, Texas. Penalties, conditions and terms of said International Energy Conservation Code are hereby adopted and made a part hereof as if fully set out in this division, except as amended hereafter.

(a)

The International Energy Conservation Code is amended as follows:

(1)

Section C101.1. Inserted: City of Round Rock, Texas.

(2)

Section R101.1. Inserted: City of Round Rock, Texas.

(3)

Section C108.4. Inserted: Not less than $1.00 or more than $2,000.00.

(4)

Section R108.4. Inserted: Not less than $1.00 or more than $2,000.00.

It is the purpose of this division to secure the beneficial interests and purposes thereof, which are public safety, health and general welfare, through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use and occupancy of buildings, structures or premises.

The provisions of this division shall apply to all unsafe buildings or structures, as herein defined, and shall apply equally to new and existing conditions.

(a)

Alterations, repairs or rehabilitation work may be made to any existing building without requiring the building to comply with all the requirements of the International Building Code provided that the alteration, repair or rehabilitation work conforms to the requirements of the International Building Code for new construction. The building official shall determine, subject to appeal to the building standards commission, the extent, if any, to which the existing building shall be made to conform to the requirements of the International Building Code for new construction.

(b)

Alterations, repairs or rehabilitation work shall not cause an existing building to become unsafe as defined in Sec. 1-50.

(c)

If the occupancy classification of an existing building is changed, the building shall be made to conform to the intent of the International Building Code for the new occupancy classification as established by the building official.

(d)

Repairs and alterations, not covered by the preceding subsections of this section, restoring a building to its condition previous to damage or deterioration, or altering it in conformity with the provisions of this Code or in such manner as will not extend or increase an existing nonconformity or hazard, may be made with the same kind of materials as those of which the building is constructed; but not more than 25 percent of the roof covering of a building shall be replaced in any period of 12 months unless the entire roof covering is made to conform with the requirements of the International Building Code for new buildings.

The provisions of this division relating to the construction alteration, repair, enlargement, restoration, relocation or moving buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings when such buildings or structures are judged by the building official to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of buildings within fire districts. The applicant must submit complete architectural and engineering plans and specifications bearing the seal of a registered professional engineer or architect.

All buildings or structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by the International Building Code in a building when erected, altered or repaired, shall be maintained in good working order. The owner, or his designated agent, shall be responsible for the maintenance of buildings and structures.

(a)

Enforcement officer. The provisions of this division shall be enforced by the building official.

(b)

Restrictions on employees. An officer or employee connected with the department, shall not have a financial interest in the furnishing of labor, material or appliances for the construction, alteration, demolition, repair or maintenance of a building, or in the making of plans or of specifications therefor, unless he is the owner of such building. Such officer or employee shall not engage in any work which is inconsistent with his duties or with the interests of the department.

(c)

Records. The building official shall keep, or cause to be kept, a record of the business of the department. The records of the department shall be open to public inspection.

(a)

Right of entry.

(1)

The building official or his authorized representative may enter any building, structure or premises at all reasonable times to make an inspection or enforce any of the provisions of this division.

(2)

When entering a building, structure, or premises that is occupied, the building official shall first identify himself, present proper credentials and request entry. If the building, structure or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge of the building and demand entry. If entry is refused, the building official or his authorized representative shall have recourse to every remedy provided by law to secure entry.

(3)

No person, owner or occupant of any building or premises shall fail, after proper credentials are displayed, to permit entry into any building or onto any property by the building official or his authorized agent for the purpose of inspections pursuant to this division. Any person violating this section shall be prosecuted within the limits of the law as established by the proper governing authority.

(b)

Inspections. The building official, the fire official and other authorized representatives are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this Code.

(c)

Requirements not covered by Code. Any requirement necessary for the strength or stability of an existing or proposed building or structure, or for the safety or health of the occupants thereof, not specifically covered by this division, shall be determined by the building official.

(d)

Liability. Any officer or employee, or member of the building standards commission, charged with the enforcement of this division, acting for the applicable governing body in the discharge of his duties, shall not thereby render himself liable personally, and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee because of such act performed by him in the enforcement of any provision of this division shall be defended by the legal department of the applicable governing body until the final termination of the proceedings.

(e)

Reports. The building official shall annually submit a report to the chief administrator of the decisions rendered by the city council during the preceding year. The report shall include a summary of the decisions of the city council during said year.

Any person, firm, corporation or agent who shall violate a provision of this division, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, demolish or move any structure, or has erected, constructed, altered, repaired, moved or demolished a building or structure in violation of a detailed statement or drawing submitted and approved thereunder, shall be prosecuted within the limits provided by state or local law. Each such person shall be deemed guilty of a separate offense for any violation of any of the provisions of this division, and upon conviction of any such violation, such person shall be punished within the limits and as provided by state or local laws.

(a)

Inspection. The building official shall inspect or cause to be inspected any building, structure or portion thereof which is or may be unsafe. After the building official has inspected or caused to be inspected a building, structure or portion thereof and has determined that such building, structure or portion thereof is unsafe, he shall initiate proceedings to cause the abatement of the unsafe condition by repair, vacation or demolition or combination thereof.

(b)

Notice. The building official shall prepare and issue a notice of unsafe building directed to the owner of record of the building or structure. The notice shall contain, but not be limited to, the following information:

(1)

The street address and legal description of the building, structure or premises.

(2)

A statement indicating the building or structure has been declared unsafe by the building official, and a detailed report documenting the conditions determined to have rendered the building or structure unsafe under the provisions of this division.

(3)

A statement advising that if the required action as determined by the building official is not commenced within 30 days, the building official shall request that the building standards commission call for a public hearing to determine whether or not conditions exist which render the building or structure unsafe under the provisions of this division.

(4)

If the building or structure is to be repaired, the notice shall require that all necessary permits be secured and work commenced within 60 days after receipt of said notice and continued to completion within such time as the building official determines.

(5)

If the building or structure is to be vacated, the notice shall indicate the time within which vacation is to be completed.

(6)

If the building or structure is to be demolished, the building official shall require that the premises be vacated within 60 days, that all permits for demolition be secured and that the demolition be completed within such time as determined reasonable by the building official.

(7)

A statement advising that if the required action as determined by the building official is not commenced within or completed, as required, the building official shall request that the building standards commission call for a public hearing to determine whether or not conditions exist which render the building or structure unsafe under the provisions of this division.

(8)

All notices and all attachments thereto shall be served upon the owner of record and posted on the property in a conspicuous location. A copy of the notice and all attachments thereto shall also be served on any person determined from official public records to have a legal interest in the property. Failure of the building official to serve any person herein required to be served other than the owner of record shall not invalidate any proceedings hereunder nor shall it relieve any other person served from any obligation imposed on him.

(9)

All notices shall be served either personally or by certified mail, postage prepaid, return receipt requested, to each person at the address as it appears on the official public records. If addresses are not available on any person required to be served the notice, the notice addressed to such person shall be mailed to the address of the building or structure involved in the proceedings. The failure of any person to receive notice, other than the owner of record, shall not invalidate any proceedings under this section. Service by certified or registered mail as herein described shall be effective on the date the notice was received as indicated on the return receipt. Proof of service of the notice shall be by written declaration indicating the date, time and manner in which service was made and signed by the person served on by the return receipt.

(c)

Standards for compliance. The following action shall be taken by the building official when ordering the repair, vacation or demolition of an unsafe building or structure:

(1)

The building shall be ordered repaired in accordance with the International Building Code or demolished at the option of the owner.

(2)

If the building or structure poses an immediate hazard to life or to the safety of the public, it shall be ordered vacated immediately.

(d)

Posting of notice to vacate. Every notice to vacate, in addition to complying with subsection (b)(9) of this section, shall be posted at each exit and entrance to the building or structure and shall state:

THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY
THE BUILDING OFFICIAL.

Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents to remove such notice without written permission of the building official, or for any person to enter the building except for the purpose of making the required repairs or of demolishing same.

(a)

After the receipt of a written request from the building official, the building standards commission shall, by ordinance, call a public hearing to determine whether or not conditions exist which render a building or structure unsafe under the provisions of this division such that said building or structure must be demolished in order to protect the public health, safety and welfare. Said ordinance shall state with specificity each violation which renders said building or structure unsafe.

(b)

Reasonable dispatch. The building standards commission shall proceed with reasonable dispatch to conclude said public hearing, with due regard to the convenience and necessity of the parties involved. The hearing notice shall be served as required by the Texas Local Government Code at least 15 days before the hearing date.

(c)

Subpoenas. The building standards commission may obtain the issuance and service of subpoenas for the attendance of witnesses or the production of evidence at the hearings. The issuance and service of subpoenas shall be in accordance with established law.

(d)

Procedure.

(1)

Hearings shall not be required to be conducted in accordance with the technical rules relating to evidence and testimony.

(2)

The building standards commission may grant continuance for good cause.

(3)

In any proceedings under this division, the chairman of the building standards commission shall have the power to administer oaths and affirmations and to certify official acts. In the chairman's absence, the acting chairman may administer oaths and compel the attendance of witnesses.

(4)

Oral evidence shall be taken only on oath or affirmation.

(5)

Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence. The further use of hearsay evidence shall be limited to that which would be admissible in civil court.

(6)

Relevant evidence shall be admitted if it is the type on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil courts.

(7)

The building standards commission may inspect any building, structure or premises during the course of the hearing, provided the following are complied with:

a.

Notice of such inspection is given to the parties prior to making the inspection;

b.

The parties are allowed to be present during the inspection; and

c.

The inspector states for the record, upon completion of the inspection, the facts observed and any conclusions drawn therefrom.

(e)

After completion of the public hearing, if the building standards commission finds that the building or structure is in violation of the provisions of this division, it may order the owner, lienholder, or mortgagee of the building to, within 30 days, secure the building from unauthorized entry or to repair, remove, or demolish the building, whichever is applicable, unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within 30 days. The city will furnish a copy of the order to any lienholders or mortgagees in the event the owner fails to timely take the ordered action.

(f)

The building standards commission may allow the owner, lienholder, or mortgagee more than 30 days to repair, remove, or demolish the building. If the building standards commission allows the owner, lienholder, or mortgagee more than 30 days to repair, remove or demolish the building, the building standards commission shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder, or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed. The city will furnish a copy of the order to any lienholders or mortgagees in the event the owner fails to timely take the ordered action.

(g)

If any owner, lienholder, or mortgagee of record is aggrieved by the decision of the building standards commission, nothing in this division shall be construed to deprive him of seeking redress in the civil or other applicable court. Said appeal must be filed within 30 days from the date a copy of the final decision of the building standards commission is delivered as required by the Texas Local Government Code.

(a)

Failure to respond. Any person who, after the order of the building official or the decision of the building standards commission becomes final, fails or refuses to respond to the direction of such order, shall be prosecuted to the extent provided for by law.

(b)

Failure to commence work.

(1)

Whenever the required repair, vacation or demolition is not commenced within 30 days after the effective date of any order, the building, structure or premises shall be posted as follows:

UNSAFE BUILDING DO NOT OCCUPY
It shall be punishable by law to occupy this building or remove or deface this notice
(Specify the applicable local law and the penalty for violation thereof).
Building Official
City of Round Rock, Texas

(2)

Subsequent to posting the building, structure or premises, the building official may cause the building to be repaired to the extent required to render it safe or if the notice required demolition, to cause the building, structure or premises to be demolished and all debris removed from the premises. The cost of repair or demolition shall constitute a lien on the property and shall be collected in a manner provided by law.

(3)

Any monies received from the sale of a building or from the demolition thereof, over and above the cost incurred, shall be paid to the owner of record or other persons lawfully entitled thereto.

(c)

Extension of time. The building official may approve one or more extensions of time as he may determine to be reasonable to complete the required repair or demolition. Such requests for extensions shall be made in writing stating the reasons therefor. If the requests for extensions of time, in total, exceed 60 days, they must also be approved by the building standards commission.

(d)

Interference. No person shall obstruct or interfere with the implementation of any action required by the final notice of the building official or the city council. Any person found interfering or obstructing such actions shall be prosecuted to the extent provided for by law.

Whenever a building or structure is repaired or demolished in accordance with the provisions of this division and cost of such repair or demolition is borne by the city, the city may assess the expenses on the property on which the building is located. The assessment of the reasonable expenses incurred shall be determined by the building official, and a lien shall be placed on the property and recorded in the deed records of Williamson County, Texas.

The Standard Housing Code, 1994 edition with amendments, one copy of which shall be on file in the office of the city secretary, is hereby adopted by reference and all regulations, parts, notations, references and specifications therein are hereby adopted and made a part of this division except as deleted or amended hereafter.

The 2015 edition of the International Plumbing Code (including appendices A—G) as published by the International Code Council, one copy of which shall be placed on file in the office of the city clerk, is hereby adopted as the Plumbing Code of the City of Round Rock, Texas. Penalties, conditions and terms of said International Plumbing Code are hereby adopted and made a part hereof as if fully set out in this division, except as amended hereafter.

(a)

The International Plumbing Code is amended as follows:

(1)

Section 101.1. Inserted: City of Round Rock, Texas.

(2)

Section 106.6.2. Inserted: All fees for permits are governed by Sec. 8-39 of this Code.

(3)

Section 106.6.3. Deleted.

(4)

Section 108.4. Amended to read: Violations of any provision of this International Plumbing Code shall be punished by a fine of up to $2,000.00. Each day that a violation continues after due notice has been given shall be deemed a separate offense.

(5)

Section 108.5. Inserted: Not less than $1.00 or more than $2,000.00.

(6)

Section 305.4.1. Inserted: Twelve inches.

(7)

Section 903.1. Inserted: Twelve inches.

(a)

Position created; qualifications; compensation. There are hereby created the positions of plumbing official and plumbing inspectors, who shall be employed by the city. The plumbing official and inspectors shall have experience in plumbing to the extent that enables them to know when plumbing is installed correctly. The plumbing official and inspectors shall not be directly connected in any way with any person, firm, or corporation directly or indirectly engaged in the business of plumbing, or plumbing suppliers. The plumbing official and plumbing inspectors shall receive as full compensation for his or their services, a salary designated by the city.

(b)

Duties.

(1)

It shall be the duty of the plumbing official to enforce all provisions of this division, and such official is hereby granted the authority to enter all buildings within or without the corporate limits of the city, when such buildings be connected to the municipal water and/or sewage system.

(2)

The plumbing official shall prepare or cause to be prepared suitable forms of applications, permits, inspection reports and other such materials.

(3)

It shall be the duty of the plumbing official to inspect and test all plumbing work for compliance with this division and the plumbing code adopted herein, and to enforce changing of such installations that do not meet the requirements. It shall further be his duty to see that all persons installing or altering plumbing shall be qualified by state law.

(a)

Plumbing permits; when required. Before beginning any work in the city, the person installing or altering same shall apply to the plumbing official or other designated official and obtain a permit to do such work. Only those persons legally authorized to do plumbing may be issued permits. A permit may be issued to a homeowner to install or alter plumbing in a single-family residence, providing the homeowner does all the work himself and that the building is owned and occupied by the owner as his home. All such work shall meet the plumbing code requirements and such persons shall be required to obtain the regular permit for that particular job.

(b)

Application forms. All applications for permits shall be made to the plumbing official on suitable forms provided.

All fees for permits are governed by Sec. 8-106.

(a)

The city water department and the city plumbing official are hereby authorized to discontinue or cause to be discontinued all water service or services to any and all premises, lands, buildings, or structures where it is found that an immediate hazard exists to the purity or potability of the city water supply.

(b)

The city water department and the city plumbing official are hereby authorized and directed to take such steps as are necessary to determine all potential hazards to the purity or potability of the city water supply which exist. Upon determining said potential hazards, it shall be the duty of said department and said inspector to immediately cause notice to go to the owner or such other person responsible for said premises, specifying said hazards, and notifying said person that in the event that said hazard is not corrected within 30 days from the date of said notice, all water services shall be discontinued thereafter until the requirements of this Code have been complied with.

The 2015 edition of the International Fuel Gas Code (including appendices A—D) as published by the International Code Council, one copy of which shall be placed on file in the office of the city clerk, is hereby adopted as the Fuel Gas Code of the City of Round Rock, Texas. Penalties, conditions and terms of said International Fuel Gas Code are hereby adopted and made a part hereof as if fully set out in this division, except as amended hereafter.

(a)

The International Fuel Gas Code is amended as follows:

(1)

Section 101.1. Inserted: City of Round Rock, Texas.

(2)

Section 106.6.2. Inserted: All fees for permits are governed by Sec. 8-106 of this Code.

(3)

Section 106.6.3. Deleted.

(4)

Section 108.4. Amended to read: Violations of any provision of this Fuel Gas Code shall be punished by a fine of up to $2,000.00. Each day that a violation continues after due notice has been given shall be deemed a separate offense.

(5)

Section 108.5. Inserted: Not less than $1.00 or more than $2,000.00.

The 2015 edition of the International Mechanical Code (excluding only appendix B) as published by the International Code Council, one copy of which shall be placed on file in the office of the city clerk, is hereby adopted as the Mechanical Code of the City of Round Rock. Penalties, conditions and terms of said International Mechanical Code are hereby adopted and made a part hereof as if fully set out in this division, except as amended hereafter.

All fees for permits are governed by Sec. 8-106.

(a)

The International Mechanical Code is amended as follows:

(1)

Section 101.1. Inserted: City of Round Rock, Texas.

(2)

Section 106.5.2. Inserted: All fees for permits are governed by Sec. 8-106 of this Code.

(3)

Section 106.5.3. Deleted.

(4)

Section 108.4. Amended to read: Violations of any provision of this Mechanical Code shall be punished by a fine of up to $2,000.00. Each day that a violation continues after due notice has been given shall be deemed a separate offense.

(5)

Section 108.5. Inserted: Not less than $1.00 or more than $2,000.00.

The 2015 edition of the International Swimming Pool and Spa Code (including all appendices) as published by the International Code Council, one copy of which shall be placed on file in the office of the city clerk, is hereby adopted as the Swimming Pool and Spa Code of the City of Round Rock. Penalties, conditions and terms of said International Swimming Pool and Spa Code are hereby adopted and made a part hereof as if fully set out in this article, except as amended hereafter.

(a)

The International Swimming Pool and Spa Code is amended as follows:

(1)

Section 101.1. Inserted: City of Round Rock, Texas.

(2)

Section 105.6.2. Inserted: All fees for permits are governed by Sec. 8-106 of this Code.

(3)

Section 105.6.3. Deleted.

(4)

Section 107.4. Amended to read: Violations of any provision of this International Swimming Pool and Spa Code shall be punished by a fine of up to $2,000.00. Each day that a violation continues after due notice has been given shall be deemed a separate offense.

(5)

Section 107.5. Inserted: Not less than $1.00 or more than $2,000.00.

(a)

National Electrical Code, NFPA 70. The National Electrical Code, NFPA 70, 2023 edition (hereinafter referred to as "NEC"), as amended herein, is hereby adopted as part of this division to the same effect as if it were copied verbatim herein and shall be in effect except as it may be in conflict with the provisions of this Code.

(b)

Scope. This code shall govern all installations of electrical conductors, raceway fittings, and/or equipment hereafter made, and all existing installations which are altered, or for which the use has changed. Repair and maintenance work shall be such that if any electrical conductor, raceway fittings, and/or equipment is removed and later replaced, same shall be replaced in accordance with the provisions of this division.

(c)

Responsibility for safe work. This code shall not be construed to relieve or lessen the responsibility or liability of any person owning, operating, or installing electrical conductor devices, appliances, fixtures, apparatus, motors or equipment, for damages to persons or buildings caused by any defect therein nor shall the city be held liable for any damages by reason of enforcement or non-enforcement of this division.

(d)

Purpose.

(1)

To safeguard persons and property from electrical hazards; and

(2)

To establish licensing, permit and inspection procedures to ensure quality electrical work. To accomplish this, the requirements set forth herein are intended to be minimum standards for electrical work.

(e)

Unlawful acts prohibited.

(1)

It shall be unlawful for any person, as owner, agent, lessee, renter or otherwise to violate, disobey, refuse to comply with, resist or oppose the execution of this division.

(2)

It shall be unlawful for any person to occupy or maintain any building or structure in which the electrical work, wiring or appliances are in violation of this division.

(3)

Any person who commits any acts declared to be unlawful, or fails to perform an act required by this division, shall be subject to any and all penalties as provided herein. Any electrical installations erected or altered in violation of this Code shall be summarily condemned and removed at the expense of the person erecting or altering or allowing the same.

(f)

Amendments to the National Electrical Code, 2023 edition.

(1)

Article 300, National Electrical Code, 2023 edition, is hereby amended by adding Section 24 which shall read as follows:

300-24. Special Safety Measures.

(a)

Except upon written permission of the building official, no electrical conductor of any nature shall be installed nearer than three (3) inches to any metal pipe or duct which could operate at a temperature in excess of one hundred twenty (120) degrees Fahrenheit.

(b)

Thermostat, low voltage control wiring and communications cables in dwellings shall be protected from mechanical damage and shall maintain two (2) inches clearance from all other wiring and pipes. Thermostat, low voltage control wiring and communications cables shall be well strapped or supported with insulated staples or supports not to exceed four (4) feet spacing.

(Ord. No. O-2017-4343, § I, 4-27-2017; Ord. No. O-2018-5866, § IX, 9-27-2018; Ord. No. O-2020-0270, § I, 9-24-2020; Ord. No. O-2024-116, § I, 5-9-2024)

(a)

Chief electrical inspector. There is hereby created the office of chief electrical inspector, who shall be appointed by the city manager.

(1)

The chief electrical inspector shall have at least three years' experience as a master electrician, hold a valid master electrician's license, be of good moral character, and be well-versed in the approved methods of electrical construction for safety of life and property in accordance with the National Electrical Code, as amended.

(2)

The chief electrical inspector is hereby designated as the person responsible for the administration and enforcement of this division, who shall discharge the duties and have the authority hereafter provided. Said authority may be delegated to inspectors and other employees of the building inspection department as may be required to carry out said duties.

(3)

The chief electrical inspector shall be responsible to the building official and the city manager, each of whom are authorized to act in lieu of and with the same authority as the chief electrical inspector.

(b)

Powers/duties of inspectors. The chief electrical inspector and inspectors shall have the following powers:

(1)

To enforce the provisions of this division, issue citations and file complaints in municipal court against persons who violate any of its provisions.

(2)

To enter any house or premises during reasonable hours, (or at any time while electrical wiring, fixtures or equipment is being installed) for the purpose of examining any electrical wiring or installation of electrical wiring, fixtures or equipment therein in the performance of his official duties.

(3)

To order electrical service disconnected:

a.

Where improper or defective wiring exists;

b.

Where electrical construction or equipment has been installed without a permit as required by this division;

c.

When electrical equipment may interfere with the work of the fire department; or

d.

In cases of emergency when necessary for the safety of persons or property.

(4)

To order compliance with this division where a change of occupancy occurs in a building which requires electrical change or alteration to said building.

(5)

To attach to electrical equipment or meters any official notice necessary to prevent the use of electricity.

(6)

To order persons to cease performing any work being done without a requisite permit or otherwise in violation of this division.

(7)

To make a thorough inspection of:

a.

All electrical work from time to time as provided herein;

b.

Electrical work which is in a dangerous or unsafe condition;

c.

Electrical work deemed to be an interference with the work of the fire department;

(8)

To notify a person responsible for violating the above subsection to place said work in compliance with this division within a reasonable amount of time.

(9)

To require plans, specifications and a complete feeder layout of installations of electrical work.

All applicants for a building permit are required to be licensed by the State of Texas or the City of Round Rock.

(Ord. No. O-2017-4343, § I, 4-27-2017; Ord. No. O-2018-5866, § IX, 9-27-2018)

Editor's note— Ord. No. O-2017-4343, § I, adopted Apr. 27, 2017, deleted § 8-147 entitled "License and examination fees."

(a)

Types of licenses. Electrical licenses shall be of the following types:

(1)

Master electrician. Any person licensed as a master electrician in compliance with the requirements of this chapter, who employs journeyman electricians to perform electrician's work in accordance with this division or who performs electrical work himself in accordance with this division.

(2)

Journeyman electrician. A person licensed as a journeyman electrician in compliance with the requirements of this section, who works for and under the general supervision and direction of a master electrician, performing electrical work contracted for by a master electrician.

(b)

License required. Except as otherwise provided herein, it shall be unlawful for any person to do electrical work unless such person holds a master electrician's or journeyman's license under the provisions of this division. Any person holding a valid master's license or journeyman's license need not procure a lesser license. When two or more master electricians are working on the same job, the supervision, direction and control of the electrical work shall be the responsibility of the person to whom the permit was issued.

(c)

Unrestricted and restricted licenses.

(1)

A person holding a valid unrestricted license shall be authorized to perform all types of electrical work.

(2)

A person holding a valid restricted license shall be authorized to perform only those categories of work on which he has taken and passed an examination.

(3)

The categories of restricted licenses are as follows:

a.

Signs. A sign license restricted to the installation, repair, or maintenance of:

1.

Electrical signs;

2.

Transformers for the operation of neon and similar tubing on or in buildings; and

3.

High tension cables between tubing and transformers for the same.

Such license shall not include connection of any electrical signs, transformers or other type of load to a source of electrical power, or the changing, extending, installing or repairing of any part of a wiring system.

b.

Elevators. An elevator license restricted to the installation, alteration, repair or maintenance of only the control panel and control wiring of elevators and escalators.

c.

Repair service. A repair service license restricted to the connecting or disconnecting of any electrical wiring regulated by this section, not including the changing, extending, installing or repairing of any part of a wiring system.

d.

Maintenance. A maintenance license restricted to the maintenance, repair, relocation or replacement of any electrical conductor or equipment pertaining to branch circuits, including extension of or additions to branch circuits permitted under this section, by a person who is regularly employed by one employer upon a permanent basis for the performing of such work within the confines of the building or premises of such employer.

e.

Residential. A residential license restricted to performing electrical work on residential buildings only while under the general supervision and direction of a master electrician.

(d)

Supervision. Except as otherwise provided in this division, all electrical work shall be performed under the supervision, direction, and control of the master electrician who has secured the permit. When on-site work is performed by a journeyman electrician under the supervision of the permit holder, the ratio of workers to journeyman electricians shall not exceed three workers for each journeyman present on site; provided, however, for commercial or industrial work, the ratio shall be two workers for each journeyman present on site.

(e)

License not required. The following may be performed by persons who are not licensed electricians:

(1)

Electrical work on one's own homestead, as reflected by public records, performed only by the homestead owner; provided, that a permit as provided in section 8-149 shall have been obtained and all other requirements of this division have been complied with except the licensing provisions.

(2)

The replacement of lamps, fuses and connection of portable devices to suitable receptacles which have been permanently installed.

(3)

The installation, alteration or repairing of any wiring, devices, or equipment for the operation of a signal or the transmission of messages where such wiring, devices, appliances or equipment operates at a voltage not exceeding 50 volts between conductors and does not include generating or transforming equipment.

(4)

The installation, alteration or repair of electric wiring, devices, appliances and equipment installed by or for an electric public service corporation operating under a franchise from the division when for the use of such a corporation in the operation for street railways, signals or the transmission of messages.

(f)

Requirements for continued licensing; master electrician. In addition to other requirements of this division, all master electricians shall have their license number of company name on all company trucks.

(g)

Certain acts prohibited. It shall be a violation of this division for any person:

(1)

To display, permit to be displayed or to have in one's possession, any instrument purporting to be a license issued pursuant to this division, knowing such instrument to be fictitious, cancelled, suspended or altered.

(2)

To knowingly lend, transfer or permit the use of any license for the purpose of performing or obtaining a permit for electrical work, to any person not entitled thereto under the provisions of this division.

(3)

To fail or refuse to surrender to the chief electrical inspector, on demand, an electrician's license which has been suspended or cancelled as provided by law.

(4)

To apply for, or have in one's possession, more than one current license of the same type provided for in this division.

(5)

To use a false or fictitious name or address in any license application, renewal, or duplicate request, or knowingly make a false statement, conceal a material fact or otherwise commit fraud in making said application, renewal or duplicate request.

(6)

To employ as a master or journeyman electrician any person not then licensed as provided in this division.

(7)

To perform any electrical work requiring a license, without said license or while said license is suspended or cancelled.

(8)

To perform electrical work in any manner in violation of any restrictions imposed on a licensee.

(9)

To perform electrical work as a journeyman electrician on a job while not in the employ of the master electrician of record of said job.

(10)

To fail to request a final inspection upon completion of all electrical wiring and installation requiring a permit.

(Ord. No. O-2017-4343, § I, 4-27-2017; Ord. No. O-2018-5866, § IX, 9-27-2018)

(a)

Generally. Except as otherwise provided in this Code, it shall be unlawful for any person to install, cause to be installed, or permit the installation of, or make any alterations, additions, changes or repairs to any electrical wiring fixtures or equipment within or on any building, structure, or premises, whether publicly or privately owned, without first obtaining a valid permit therefor.

(b)

Permit not required. No permit shall be required for:

(1)

The installation of electrical conductors or equipment within and on the premises which are under the control and supervision of the state highway department and where such installation will be operated, maintained or controlled or supervised by said state highway department.

(2)

The installation of electrical conductors or equipment by or for a public utility corporation in the generation, transmission, sale or use of electrical energy as outlined in its franchise.

(3)

The installation of low voltage HVAC control wiring in residential only.

(4)

The replacement of:

a.

A motor by another motor of the same horsepower and rating;

b.

Solenoid valves;

c.

Low pressure controls;

when the electrical supply to the same is or has been properly installed by a licensed electrician.

(c)

Permit application.

(1)

Application for permits shall be made in writing upon forms provided by the chief electrical inspector. The application shall contain the following information:

a.

The date the application is submitted;

b.

The applicant's name;

c.

The exact address where electrical work is to be done;

d.

A description of the electrical work to be done;

e.

Other pertinent information as required by the chief electrical inspector. If a diagram or plan is required, it shall clearly show the following:

1.

The character and kind of wiring or installation of fixtures or equipment work to be done;

2.

The scale used and the manner in which the electrical installation is to be made;

3.

The character of any repairs to any existing installation showing the point at which service connection is required;

4.

The size of feeders and subfeeders;

5.

The location of service switches and centers of distribution;

6.

The arrangement of circuits and the number of outlets connected thereto;

7.

Load calculations;

8.

A profile view of the service entrance equipment including all gutter troughs, junction boxes, switches, disconnects, fuses, panel boards, current transformer enclosures and meter sockets, detailing how this equipment is to be arranged on the wall of the building;

9.

The maximum available fault current at the service entrance shall be obtained from the local utility company; and

10.

Fault current bracing information.

(2)

Applications for permits shall only be issued to the following persons:

a.

A master electrician licensed under this Code;

b.

A property owner who shall certify that the proposed electrical work shall be performed by the applicant personally, in a residence presently occupied by the applicant as his homestead.

(d)

Permit issuance.

(1)

Permits shall be issued to licensed master electricians, or their duly authorized agents.

(2)

The city operates under a "one permit" system on new construction whereby a general contractor or owner may secure a single permit covering all of the building, electrical, plumbing, heating, ventilating, and air conditioning requirements. However, where only electrical work is being performed, a master electrician, as defined herein, must secure a permit covering the work to be done. There shall not be more than one permit issued or outstanding at the same time for any one installation of electrical equipment, except for renewal, additions or finish-out or when requested by the city building official.

(3)

The chief building inspector may require an inspection prior to the issuance of a permit.

(4)

A permit issued under this division shall continue until revoked or for the period of time designated on the permit.

(e)

Revocation and suspension of permits.

(1)

The chief electrical inspector has the authority to revoke or suspend a permit or approval issued if any violation of this division is found upon inspection or in the case there have been any false statements or representations submitted in the application or plans on which the permit or approval was based.

(2)

Revocation will be deemed to occur on the date that the permittee is duly notified of the violation.

(f)

Reissued permit. A permit may be reissued changing the electrician of record upon written application by the person to whom the original permit was issued. However, before the permit is issued, the chief building inspector shall mail a written notice to the electrician of record with a copy to the owner, notifying them of the application for a reissued permit. The notice to the electrician of record shall be by certified mail, return receipt requested, and shall not be reissued until the expiration of ten days after the notice was mailed. The application for a reissued permit shall be accompanied by a permit reissuance fee as currently established or as hereafter adopted by resolution of the city council from time to time. The applicant shall be responsible for all electrical work on the project site, including all work performed prior to reissuance.

(g)

Duplicate. In the event that a permit is lost or destroyed, the permit holder may obtain a duplicate thereof:

(1)

By furnishing satisfactory proof to the chief electrical inspector that the permit was lost or destroyed; and

(2)

Upon payment of a fee as currently established or as hereafter adopted by resolution of the city council from time to time.

(h)

Certain acts prohibited.

(1)

Any attempt to defraud or otherwise deliberately or knowingly design, install, service, maintain, operate, sell, represent, represent for sale, falsify records, reports, or applications, or other related activity in violation of this division.

(2)

Any violation of this division will provide cause for immediate suspension or revocation of any related licenses, certificates, or permits issued by this jurisdiction. All violations are additionally subject to any other civil or criminal penalties that may apply.

(Ord. No. O-2017-4343, § I, 4-27-2017; Ord. No. O-2018-5866, § IX, 9-27-2018)

(a)

Required. Unless and until it has been inspected and approved by the building inspection division, it shall be unlawful for any person to:

(1)

Make connections from a source of electrical energy to any electrical wiring, device or equipment on an installation for which a permit is required by this Code;

(2)

Make connections from a source of electrical energy to any electrical wiring device or equipment which has been disconnected by order of the chief electrical inspector; or

(3)

Conceal in any manner from access or sight, any part of a wiring installation.

(b)

Rough inspection.

(1)

When the rough wiring or installation work is completed on a commercial job, the electrician responsible shall notify the building inspection division that the job is ready for inspection.

(2)

Residential wiring will be called for by the building superintendent during the top-out inspection.

(c)

Faulty work.

(1)

If the wiring or installation of fixtures or equipment is found to be faulty or incorrectly or defectively installed, the chief electrical inspector shall notify, in writing, the permittee who installed said work of all changes necessary in order for the work to conform to this Code.

(2)

The permittee shall, within 48 hours of written notification, commence the changes ordered and shall proceed with the work until the same is completed. Upon completion thereof and payment of the reinspection fee, he shall request an inspection by the building inspection division. If the chief electrical inspector shall again find the work incorrectly installed, he shall notify the permittee of the necessary changes, and the permittee shall pay an additional reinspection fee. If the permittee fails to correct the faulty work within 72 hours, the chief electrical inspector shall refuse to issue to said person any further permits until said work in question is corrected and approved.

(d)

Final inspection. Upon the completion of all electrical wiring and installations requiring a permit, the permittee shall notify the building inspection division that the work is ready for final inspection. If faulty or defective wiring or equipment is found, the permittee shall be notified of the necessary changes in accordance with subsection (c) of this section. If such work is found to be correctly installed, replaced or repaired, the inspector shall endorse the inspection certificate, stating that the wiring and installation work has been installed in accordance with the provisions of this Code.

(e)

Inspection after fire. An inspection shall be conducted by the chief electrical inspector on any and all buildings or structures that have been damaged by fire.

(f)

Inspector's removal request. It shall be the duty of the chief electrical inspector to cause all abandoned dead wire, unused poles or electrical apparatus remaining on or near the job site to be removed at the expense of the owners thereof, by giving said owners written notice.

(g)

Interference. It shall be unlawful for any unauthorized person to change or alter electrical conductors or equipment in or on any building. If electrical conductors or equipment have previously been installed in such a position as to interfere with the erection or completion of a structure, notice shall be immediately given to the person using said conductors or equipment, requiring conformance with this Code.

(h)

Emergency reconnects. No service entrance equipment will be connected by the electric utility company to its electric distribution system without an approved inspection unless it is a re-connection of service which was disconnected for emergency repair work. The electric utility company shall notify the chief electrical inspector on the next working day following the emergency re-connect by requesting a follow-up inspection. The inspector shall check code requirements and verify that a permit has been secured by the electrician doing the repair work.

(i)

Commercial/industrial buildings. A new tenant who occupies previously occupied commercial/industrial buildings or lease spaces must obtain electrical re-inspection and approval in order for the power company to release service to said building or lease space.

(Ord. No. O-2017-4343, § I, 4-27-2017; Ord. No. O-2018-5866, § IX, 9-27-2018)

(a)

Materials, equipment, safety standards. Conformity of electrical equipment with the applicable standards of the Underwriters' Laboratories, Inc., ANSI or NEC, shall be prima facie evidence that such equipment is reasonably safe to persons and properties.

(b)

Installations creating hazards to fire protection and prevention. No wires shall be installed, operated or maintained over any street, alley, sidewalk or building:

(1)

Which may foreseeably interfere with the work of the fire department in the use of ladders or other apparatus; or

(2)

Which shall obstruct or render hazardous the use of fire escapes.

On complaint of the city fire marshal, said wires shall be removed or properly rearranged.

(c)

Special electrical circuit requirements. The following additional requirements shall be met for all new construction:

(1)

All circuits shall have conductors sized in accordance with article 310 of the NEC. No conductor smaller than No. 12 copper American wire gauge size, shall be used in any electrical work as covered by this Code, except the following as approved by the NEC:

a.

Pendant and portable cords;

b.

No. 14 for control circuits, operating contractors, relays, etc.;

c.

Wiring within display cases;

d.

Wiring for system covered by chapter 7 of the NEC;

(2)

All panels must be large enough to accommodate the present load requirements and have at least two spaces for future use.

(3)

All 125 volt, single phase 15 or 20 ampere rated devices installed in commercial and industrial installations shall be of the nonresidential type or shall be 20 ampere rated only.

(4)

Temporary service for construction sites are required to have a driven ground rod.

(5)

Flexible metal conduit smaller than one-half-inch electrical trade size shall not be permitted.

(6)

Kerneys or split bolt connectors shall not be allowed for taps in electrical services and gutters. Only blocks and couple taps are permitted.

(7)

All building services shall have a UFER grounded and be grounded by Art. 250 of NEC.

(8)

All closets and storage areas that are over 48 inches deep or more shall have a luminaire controlled by a switch that is readily accessible and complies with Section 410.16 of the NEC.

(d)

Construction, rodent proof. All exterior wall openings around electrical cables and conduits shall be closed with cement mortar, concrete masonry, or other approved material to prevent the passage of rodents.

(e)

Commercial buildings.

(1)

All commercial buildings shall be wired in raceways. However, this provision shall not apply to pre-existing wiring in buildings which were originally constructed and used as residential-use buildings and thereafter converted to commercial usage.

(2)

For each panel in commercial construction, a minimum of one spare one-inch raceway shall be installed from the panel to an accessible location in the attic or crawlspace for recessed panels only.

(3)

All thermostat wire, doorbell wire, fire alarm wire and other wire 50 volts or less must be run in conduit, with the exception of plenum cable.

(f)

Special safety measures.

(1)

Color coding of conductors.

a.

Single phase 120/240 Volt System.

b.

Three phase 120/240 volt center tap Delta System.

c.

Three phase 480 volt Delta System.

d.

Three phase 120/208 volt WYE System.

e.

Three phase 277/480 volt WYE System.

(2)

Except upon written permission of the chief electrical inspector, no electrical conductor of any nature shall be installed nearer than three inches to any metal pipe or duct which could operate in excess of 120 degrees Fahrenheit.

(3)

Doorbell transformers must be mounted in an attic, heater closet, bedroom closet or other space where air can flow freely around the transformer. The transformer shall not be covered after it has been mounted.

(4)

It will not be acceptable to use flexible metal conduit outside. Liquid-tight flexible conduit or liquid-tight flexible nonmetallic conduit are considered acceptable.

(g)

Smoke detector systems.

(1)

Every dwelling and every dwelling unit within an apartment house, condominium or town house, and every guest or sleeping room in a child care facility, motel, hotel or dormitory, shall be provided with an approved listed smoke detector in accordance with V.T.C.A., Property Code § 92.251 et seq.

(2)

Detectors shall be listed and meet the installation requirements of NFPA 74 and NFPA 72E and be hard wired with battery pack in series where all alarms will be activated.

(h)

Engineer seal required. In accordance with the Texas Engineering Practice Act, all drawings pertaining to non-dwelling construction projects of 5,000 square feet or more shall bear the seal of an engineer registered in the state. The chief electrical inspector is hereby authorized to require, at his discretion, said seal to be placed upon drawings for non-dwelling construction projects of lesser square footage.

(i)

Use of unapproved appliance prohibited. It shall be unlawful for any person within the city to install electrical equipment or appliances which have not been:

(1)

Endorsed by the Underwriters' Laboratories, Inc., or other nationally recognized standards association; or

(2)

Approved by the chief electrical inspector.

(Ord. No. O-2017-4343, § I, 4-27-2017; Ord. No. O-2018-5866, § IX, 9-27-2018; Ord. No. O-2019-0466, § I, 11-26-2019; Ord. No. O-2024-116, § II, 5-9-2024)

(a)

Violation. In addition to other provisions of this Code, it shall be unlawful for any person to:

(1)

Break, change, destroy, tear, mutilate, cover, deface, or otherwise injure any official notice or seal posted by an electrical inspector pursuant to Sec. 8-145;

(2)

Interfere with enforcement officials or their duly authorized agents in the discharge of their duties, including but not limited to carrying out the provisions of this Code;

(3)

Fail or refuse to make necessary changes or repairs within a reasonable amount of time pursuant to Sec. 8-145, or Sec. 8-150(c); or

(4)

Perform electrical installations without supplying the requisite plans, specifications or layouts or without initial approval of said installation pursuant to Sec. 8-145 or Sec. 8-149(c).

(b)

Injunction. In addition to the penal remedies herein, the city may seek injunctive relief regarding any violation of this Code.

(Ord. No. O-2017-4343, § I, 4-27-2017)

The 2012 edition of the International Code Council Performance Code for Buildings and Facilities (including all appendices) as published by the International Code Council, one copy of which shall be placed on file in the office of the city clerk, is hereby adopted as the Performance Code of the City of Round Rock. Penalties, conditions and terms of said International Performance Code are hereby adopted and made a part hereof as if fully set out in this division, except as amended hereafter.

The 2015 edition of the International Green Construction Code (including all appendices) as published by the International Code Council, one copy of which shall be placed on file in the office of the city clerk, is hereby adopted as the Green Construction Code of the City of Round Rock. Penalties, conditions and terms of said International Green Construction Code are hereby adopted and made a part hereof as if fully set out in this division, except as amended hereafter.

(a)

The International Green Construction Code is amended as follows:

(1)

Section 101.1. Inserted: City of Round Rock, Texas.

The legislature of the state has in the Flood Control Insurance Act, V.T.C.A., Water Code § 16.315, delegated the responsibility of local government units to adopt regulations designed to minimize flood losses.

(a)

The flood hazard areas of the city are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare.

(b)

These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage.

(a)

It is the purpose of this article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(1)

Protect human life and health;

(2)

Minimize expenditure of public money for costly flood control projects;

(3)

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4)

Minimize prolonged business interruptions;

(5)

Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;

(6)

Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and

(7)

Ensure that potential buyers are notified that property is in a flood area.

(a)

In order to accomplish its purposes, this article uses the following methods:

(1)

Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;

(2)

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(3)

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;

(4)

Control filling, grading, dredging and other development which may increase flood damage;

(5)

Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

(a)

Lands to which these provisions apply. This section shall apply to all areas of special flood hazard within the jurisdiction of the city.

(b)

Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled the "Flood Insurance Study for Williamson County, Texas and Incorporated Areas," dated December 20, 2019, and the "Flood Insurance Study for Travis County, Texas, and Incorporated Areas," dated August 18, 2014, with accompanying flood insurance rate maps, and any revisions thereto are hereby adopted by reference and declared to be a part of this section.

(c)

Establishment of development permit. A floodplain development permit shall be required to ensure conformance with the provisions of this article.

(d)

Compliance. No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this article and other applicable regulations.

(e)

Abrogation and greater restrictions. This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another section conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(f)

Interpretation. In the interpretation and application of this article, all provisions shall be:

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the governing body; and

(3)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(g)

Warning and disclaimer of liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by manmade or natural causes. This article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

(Ord. No. O-2020-0012, § II, 1-9-2020)

(a)

Designation of the floodplain administrator. The director of public works or the director's designee is hereby appointed the floodplain administrator to administer and implement the provisions of this article and other appropriate sections of 44 CFR (National Flood Insurance Program regulations) pertaining to floodplain management.

(b)

Duties and responsibilities of the floodplain administrator.

(1)

Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:

a.

Maintain and hold open for public inspection all records pertaining to the provisions of this article.

b.

Review permit application to determine whether proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.

c.

Review, approve or deny all applications from development permits required by adoption of this article.

d.

Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies (including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1344) from which prior approval is required.

e.

Make the necessary interpretation where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions).

f.

Notify, in riverine situations, adjacent communities, the state coordinating agency, which is the Texas Water Development Board (TWDB), and the Texas Commission on Environmental Quality (TCEQ), prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

g.

Ensure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.

h.

When base flood elevation data has not been provided in accordance with Sec. 8-160(b), obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer the provisions of Sec. 8-162.

i.

Must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within zones Al-30 and AE on the community's FIRM when a regulatory floodway has not been designated, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

(2)

Under the provisions of 44 CFR 65.12 of the National Flood Insurance Program regulations, a community may approve certain development in zones Al-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first completes all of the provisions required by 44 CFR 65.12.

(c)

Permit procedures.

(1)

An application for a floodplain development permit shall be presented to the floodplain administrator on forms furnished by him and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:

a.

Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures;

b.

Elevation in relation to mean sea level to which any nonresidential structure shall be flood proofed;

c.

A certificate from a registered professional engineer or architect that the nonresidential flood proofed structure shall meet the floodproofing criteria of Sec. 8-162(b)(2);

d.

Description of the extent to which any watercourse of natural drainage will be altered or relocated as a result of proposed development; and

e.

Maintain a record of all such information in accordance with subsection (b)(1) of this section.

(2)

Approval or denial of a development permit by the floodplain administrator shall be based on all of the provisions of this section and the following relevant factors:

a.

The danger to life and property due to flooding or erosion damage;

b.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

c.

The danger that materials may be swept onto other lands to the injury of others;

d.

The compatibility of the proposed use with existing and anticipated development;

e.

The safety of access to the property in times of flood for ordinary and emergency vehicles;

f.

The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;

g.

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;

h.

The necessity to the facility of a waterfront location, where applicable;

i.

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

j.

The relationship of the proposed use to the comprehensive plan for that area.

(d)

Variance procedures.

(1)

A variance is a grant of relief to a person from the requirements of this division when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by the aforementioned division. For full requirements, see section 60.6 of the National Flood Insurance Program regulations

(2)

The appeal board as established by the community shall hear and render judgment on requests for variances from the requirements of this article.

(3)

The appeal board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this article.

(4)

Any person or persons aggrieved by the decision of the appeal board may appeal such decision in the courts of competent jurisdiction.

(5)

The floodplain administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request.

(6)

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places, without regard to the procedures set forth in the remainder of this section.

(7)

Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in subsection (c)(2) of this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

(8)

Upon consideration of the factors noted above and the intent of this article, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this article.

(9)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(10)

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(11)

Prerequisites for granting variances.

a.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

b.

Variances shall only be issued upon:

1.

Showing a good and sufficient cause;

2.

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

3.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

c.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(12)

Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:

a.

The criteria outlined in subsections (d)(1) through (9) of this section are met; and

b.

The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(Ord. No. O-2020-0012, § III, 1-9-2020; Ord. No. O-2024-266, § XXXIX, 9-26-2024)

(a)

General standards. In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements:

(1)

All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

(2)

All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;

(3)

All new construction or substantial improvements shall be constructed with materials resistant to flood damage;

(4)

All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

(5)

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

(6)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters; and

(7)

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(b)

Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in Secs. 8-160(b), 8-161(b)(1)h. and subsection (c)(5) of this section, the following provisions are required:

(1)

Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection, as proposed in Sec. 8-161(c)(1)a., is satisfied.

(2)

Nonresidential construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to or above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification, which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the floodplain administrator.

(3)

Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

a.

A minimum of two openings on separate walls having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

b.

The bottom of all openings shall be no higher than one foot above grade.

c.

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(4)

Manufactured homes.

a.

Require that all manufactured homes to be placed within zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

b.

Require that manufactured homes that are placed or substantially improved within zones Al-30, AH, and AE on the community's FIRM on sites that are:

1.

Outside of a manufactured home park or subdivision;

2.

In a new manufactured home park or subdivision;

3.

In an expansion to an existing manufactured home park or subdivision; or

4.

In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of a flood; be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

c.

Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with zones Al-30, AH and A on the community's FIRM that are not subject to the provisions of subsection (d) of this section be elevated so that either:

1.

The lowest floor of the manufactured home is at or above the base flood elevation; or

2.

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(5)

Recreational vehicles. Require that recreational vehicles placed on sites within zones Al-30, AH, and A on the community's FIRM either:

a.

Are on the site for fewer than 180 consecutive days;

b.

Are fully licensed and ready for highway use; or

c.

Meet the permit requirements of Sec. 8-161(c)(1), and the elevation and anchoring requirements for manufactured homes in subsection (d) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions.

(c)

Standards for subdivision proposals.

(1)

All subdivision proposals, including the placement of manufactured home parks and subdivisions, shall be consistent with this article.

(2)

All proposals for the development of subdivisions, including the placement of manufactured home parks and subdivisions, shall meet floodplain development permit requirements of Secs. 8-160(c), 8-161(c) and this section.

(3)

Base flood elevation data shall be generated for subdivision proposals and other proposed development, including the placement of manufactured home parks and subdivisions, which is greater than 50 lots or five acres, whichever is lesser, if not otherwise provided pursuant to Secs. 8-160(b) or 8-161(b)(1)h.

(4)

All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.

(5)

All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

(d)

Standards for areas of shallow flooding (AO/AH zones). Located within the areas of special flood hazard established in Sec. 8-160(b) are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:

(1)

All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified).

(2)

All new construction and substantial improvements of nonresidential structures:

a.

Have the lowest floor (including basement) elevated to or above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified); or

b.

Together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.

(3)

A registered professional engineer or architect shall submit a certification to the floodplain administrator that the standards of this section, as proposed in Sec. 8-161(c)(1)a., are satisfied.

(4)

Require within zone AH or AO adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures.

(e)

Floodways. Located within areas of special flood hazard established in Sec. 8-160(b) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:

(1)

Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

(2)

If subsection (e)(1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section.

(3)

Under the provisions of 44 CFR 65.12 of the National Flood Insurance regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first completes all of the provisions required by 44 CFR 65.12.

(f)

Penalties for noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this article and other applicable regulations. Violation of the provisions of this article by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor.

(a)

Creation. The city hereby implements Chapter 4, subchapter C of the Texas Local Government Code (V.T.C.A., Local Government Code § 54.031 et seq.). Pursuant to such subchapter, the city council shall provide for the appointment of a BSC, and the regulations and restrictions adopted shall be pursuant to the provisions of applicable statutory requirements for a BSC under state law.

(b)

Membership, terms and compensation.

(1)

Number, appointment. The BSC shall consist of five members. Appointment of members shall be made by the city council at the first regular meeting of the city council in August. All members shall reside within the corporate city limits or within the extraterritorial jurisdiction of the city during the time in which they serve on the BSC. To the extent possible, the city council shall appoint members to the BSC who have experience or expertise in the building trade.

(2)

Terms. Terms for members shall be for two years, and shall expire on August 31; provided, however, that the members shall continue to serve until their successors are appointed. Members shall not serve on the BSC for more than eight consecutive years.

(3)

Initial appointments. The initial appointments to the BSC shall have staggered terms so that two members are appointed for one-year terms and three members are appointed for two-year terms.

(4)

Vacancies. Vacancies shall be filled by the city council for the unexpired terms of any member whose term becomes vacant.

(5)

Removal. A BSC member may be removed by the city council for cause on a written charge and after a public hearing if so requested by the building standards commission member subject to the removal action.

(6)

Compensation. Members shall serve without pay. Members may be reimbursed for actual expenses incurred in the performance of their duties from available funds approved in advance.

(Ord. No. O-2019-0137, § I, 3-14-2019)

(a)

The building standards commission shall have the powers and duties as set forth in Chapter 4, subchapter C of the Local Government Code (V.T.C.A., Local Government Code § 54.031 et seq.) to hear and determine cases concerning alleged violations of ordinances.

(b)

The building standards commission has the power to hear appeals and render decisions upon rulings and refusals of ruling by the building official when requests for a modification or a variation from the provisions of this division have been made. Whenever the building official rejects or refuses to approve the mode or manner of work proposed to be followed or materials to be used in the proposed construction, or when it is claimed that the provisions of this Code do not apply, or that any equally good or more desirable form of installation can be employed in any specific case, or when it is claimed that the true intent and meaning of this Code or any of the regulations thereunder have been misconstrued or wrongly interpreted, the owner of such building or structure, or his duly authorized agent, may appeal the decision of the building official to the building standards commission. Notice of the appeal shall be in writing and filed within 30 days after the decision is rendered by the building official.

(c)

The building standards commission shall have the power and duty to act as the fire code board of appeals as set forth in Sec. 16-57 of the Code of Ordinances.

(a)

Officers. The chairperson of the Building Standards Commission shall be elected from the membership of the building standards commission by a majority of the members. A vice-chair to serve in the chairperson's absence shall be likewise elected.

(b)

Meetings. Meetings may be called upon request of the chairperson of the building standards commission, or upon written request of three members, or upon notice from the building official that a matter requires consideration of the building standards commission.

(c)

Quorum. A quorum shall consist of a majority of the entire membership of the building standards commission and any issue to be to be voted on shall be resolved by a majority of those present.

(d)

Notice of meetings. Public notice of all meetings of the building standards commission shall be posted according to the Texas Open Meetings Act, V.T.C.A., Government Code ch. 551.

(e)

Rules of proceeding. The building standards commission shall adopt its rules of procedure by majority vote of the entire building standards commission, provided that such rules not be in conflict with laws applicable to the building standards commission or any provisions of the city Charter.

(f)

Minutes. The building standards commission shall keep minutes of its proceedings showing the vote of each member on each question or the fact that a member is absent or fails to vote. The building standards commission shall keep records of its examinations and other official actions. The minutes and records shall be filed immediately in the office of the building standards commission as public records.

(g)

Record of proceedings. The building official or his duly appointed agent is the secretary of the building standards commission and shall keep a full record of all proceedings of the building standards commission and such other records as the building standards commission may direct; provided, however, that in no event shall any city employee vote on any matter pending before the building standards commission.

The building standards commission, after hearing an appeal, may vary the application of any provision of this Code to any particular case, when it has determined that the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this Code or public interest.

Every decision of the building standards commission shall be final, subject however to such remedy as any aggrieved party might have at law or in equity.

During the pendency of an appeal to the building standards commission, the ruling or refusal of the building official shall be in full force and effect.