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Rusk City Zoning Code

ARTICLE 153

IV DEVELOPMENT STANDARDS

DIVISION 153-IV-C PARKING


The purpose of the following parking requirements are to secure safety from fire, panic, and other dangers; to lessen congestion on public streets; to facilitate the adequate provision of transportation; to conserve the value of buildings; and to encourage the most appropriate use of land. Minimum off-street parking and loading shall be provided as set forth in the following provisions.

153.91 Purpose

The purpose of this section is to regulate signs and billboards in the City of Rusk according to the provisions of this chapter for the following purposes:

  1. To protect property values;
  2. To preserve the beauty and unique character of the community;
  3. To implement the goals of the Rusk Master Plan: related to the function, design, and appearance of commercial areas, gateways to the city, highways and arterial roadway corridors, and commercial corridors;
  4. To protect the public from damage and injury that may be caused by the uncontrolled location and faulty construction of signs;
  5. To protect pedestrians and motorists from damage and injury caused or partially attributable to the distractions, obstructions and visual clutter which are the result of improperly situated signs; and
  6. To promote safety, welfare, convenience and enjoyment of travel and free flow traffic.

153.92 General Regulations

  1. The regulations governing size, height, number, location, and placement of signs herein are calculated to ensure that all private, public, institutional, commercial, and industrial facilities located in the city have the right to display adequate signs consistent with the need to identify the facility, advertise the location, and indicate services and products available on the premises.
  2. Provision is made for limited off-premise advertising of products and services, in specific zoning districts, provided such off-premise signs adhere to all federal, state, and local regulations.
  3. Except where noted: all signs erected within the City will be subject to the following general requirements.
    1. Signs are permitted within zoned districts in a manner specifically authorized by the section.
    2. No sign or outdoor advertising shall be erected or displayed without a permit being first obtained from the Building Official.
    3. All signs must be erected or installed by a licensed and bonded sign contractor, except where noted. An application for a license to erect signs, together with the posting of the required bond, shall be made to the Building Official.
    4. No sign or any portion of a sign is allowed in the public right-of-way in any zoning district except the Old Town Center District.
    5. All signs shall be inspected at the erection site by the Building Official or his/her designee.

153.93 Prohibited Signs

It shall be unlawful for any person to place, post, affix, erect, install or display any of the following signs:

  1. Signs posted or affixed to public property.
    1. Any sign found within a public street, public sidewalk, public alley, or on public property may be seized and impounded by the Building Official or his/her designee.
    2. Property seized and impounded under this section shall be held for a period of five working days. After this period the property shall be considered abandoned property and disposal shall be at the discretion of the City Manager or his/her designee.
  2. Signs on private property. No person shall place a sign on private property without the written consent of the owner or agent for the owner of the private property.
  3. Signs obscuring or interfering with view. Signs shall not be located or illuminated in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal or device or so as to obstruct or interfere with the view of a driver or approaching, emerging, or intersecting traffic, as determined by the City Manager or his/her designee.
  4. Location on vacant buildings. No on-premises sign or sign structure shall be permitted to remain for more than 90 days on any vacant building, except a conforming sign pertaining to the lease or sale of the building or premises, or a sign which is under lease from an owner or his agent, when the sign is maintained by any person operating under a bond conforming to the requirements of this chapter.
  5. Signs on annexed land. Any signs within areas annexed to the city after the effective date of this chapter which do not conform to the provisions in this chapter shall be removed or brought into conformance in accordance with those applicable sections of this chapter.
  6. Inflatable billboards/signs.
  7. Flashing, blinking, traveling lights. Signs with flashing, blinking or traveling lights, excepting those giving public information such as time, temperature, weather, or similar information are prohibited.
  8. Signs resembling official traffic signs.
  9. Portable, mobile, or wheeled signs.
  10. Distracting signs. Any sign which emits sound or odor or which displays visual matter which is likely to distract a person of ordinary sensibilities within the public right-of-way.
  11. Off-premise signs except for banners advertising for events held by churches, schools, colleges, and civic or community service organizations or other recognized non-profit agencies and outdoor advertising signs (billboards) that conform to the regulations of § 153.105.

153.94 Exempt Signs

The following signs are exempt from regulation under this code:

  1. Any public notice, or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance;
  2. Any indoor sign attached to a window or door that is visible from the street provided all visible signs do not exceed 10% of the façade on which it is located;
  3. Works of art that do not include a commercial message;
  4. Holiday lights and decorations with no commercial message;
  5. Decorative landscape lighting only;
  6. Traffic control signs on private property;
  7. Address and postbox numerals;
  8. Signs resembling official traffic signs.
  9. Government signs erected by the city, county state, or federal government in furtherance of their governmental responsibility;
  10. Legal notices;
  11. Signs prepared by or for the local, state, or federal government marking sites or buildings of historical significance;
  12. All signs of warning, directive or instructional nature erected by a public utility or transportation organization which operates under a franchise from the city, permitting the use of public property for the display of such signs, provided such signs shall be deemed by the Building Official to be necessary for the successful operation of the utility, or holder of the franchise;
  13. On-premises signs setting forth the location of or directions to parking or buildings located on the premises, or regulating the flow of on-premises traffic, only if they do not include any electrical wiring;
  14. Signs displayed, designed or used for or upon motor vehicles as long as such vehicles are used by the business for delivery or other services;
  15. Signs within a stadium, open-air theater, or arenas which are designed primarily to be viewed by patrons within such stadium, open-air theater or arena;
  16. All signs erected by the municipal, state, or federal government for the purpose of public instruction, street or highway designation, control of traffic and similar uses incidental to the public interest.

153.95 Licenses

  1. No person shall enter into a contract to install, erect, maintain, rebuild or reconstruct any sign, nor contract for such services until such person has applied for and received from the Building Official a license to do so.
  2. No license shall be issued until the bond and the license fee have been made and paid.
  3. The license of any sign contractor may be cancelled by the City Manager, upon recommendation of the Building Official for violation of the provisions of this section or when the City Manager deems that the bond of such contractor is insufficient. Upon notice of the insufficiency of such bond, the contractor shall have three days from the date of delivery of such notice to make a new bond in compliance with the terms of the notice. Such notice shall be deemed sufficient when delivered in person to such contractor or upon actual receipt of such notice mailed through the United States mails.
  4. No permits for the erection of any sign shall be issued to any contractor, firm, or corporation who does not hold a valid license as required by this section.

153.96 Fees For License

Each contractor shall pay to the city a fee of $50.00 valid for 12 months from the issuance date. The license shall not be transferable.

153.97 Bond And Insurance

No person shall install, erect, repair, alter or maintain any sign or medium of display of advertising, electric or otherwise, until such person has secured and filed with the Building Official a bond conditioned for the installation, erection, repair, alteration and maintenance of signs in accordance with the ordinances of the city and the laws of the state and shall indemnify and hold harmless the city for any and all damages or liability which may occur against it by reason of faulty installation, erection, demolition, repair, alteration, removal of, defects in, or collapse of, any such sign so serviced in any manner or under the direction of the maker of such bond.

153.98 Application

All applications for permits for signs shall be accompanied by drawings as are necessary to fully advise the Building Official as to the location, height, weight, size, material, value, method of erection and construction of the sign and with the name of the electrical contractor that will make any electrical installation thereof.

When required by the Building Official, plans shall be prepared by a registered professional engineer or architect if the value of such sign exceeds $5,000.00. Plans shall show the location of the proposed sign in relation to existing signs on the same parcel of land.

153.99 Sign Fees

For erection of all signs, except those for which no permit is required the applicable permit fees shall be determined by the official fee schedule on file with the Building Official.

153.100 Responsibility For Violations

  1. The owner of the sign, the owner of the land or structure, the lessee, or the person in charge of erecting, altering, replacing, relocating, or repairing the sign or structure are all subject to the provisions of this section, and are, therefore, subject to the penalty provided in this section.
  2. Any person violating any provision of this chapter shall be guilty of a misdemeanor and subject to penalty and suspension of the sign contractor's license. Continued violation of this chapter may result in a sign contractor not being able to obtain a valid license under this chapter for a period up to one year. Each day of continued violation of this chapter shall constitute a separate offense.

153.101 Alterations And Repairs; Unsafe Signs

  1. No sign shall be altered, rebuilt, enlarged, extended, relocated, nor shall sign faces be replaced or neon tubing rearranged, except upon issuance of a permit by the Building Official, and all work thereupon shall be done in conformity with this section. The changing of moveable parts of signs which are designed for changing, the repainting of display matter or framework, or the replacement of sign faces shall not be deemed to be an alteration or repair under the terms hereof.
  2. In case any sign shall be installed, erected, or constructed in violation of any of the terms of this chapter, the Building Official shall notify by certified mail or written notice served personally, the owner or lessee thereof to alter such sign so as to comply with this chapter or the zoning ordinance and to secure the necessary permit therefore, or to remove the sign. If such order is not complied with in ten days, the Building Official shall remove, or shall have removed such sign at the expense of the owner or lessee thereof.
  3. Should any sign become unsafe, less than secure, or in danger of falling or otherwise unsafe in the opinion of the Building Official, the owner thereof or the person or firm maintaining the same, shall upon written notice from the Building Official, forthwith in the case of immediate danger and in any case within ten days, secure the same in a manner to be approved by the Building Official, in conformity with the provisions of this chapter, or remove such sign.
    If such order is not complied with in ten days, the Building Official or his designee shall remove such sign at the expense of the owner or lessee thereof.
  4. All signs and advertising structures shall be maintained in good and safe structural condition; shall be painted on all exterior parts, unless coated or made of rust resistible material; and shall be maintained in good condition and appearance.
    If, upon inspection by the Building Official, a sign is found not to conform to the above, written notice shall be given to the owner giving him 30 days to bring the sign into conformance with this provision, or to remove the sign.

153.102 When Not Required

Permits shall not be required for any of the following types of signs:

  1. Temporary signs provided the number of such signs on any premises does not exceed two in number:
  2. Non-illuminated wall, pole, or ground sign not over 32 square feet in area, advertising the sale, lease, or rental of the premises upon which the sign is located, except in areas zoned residential, duplex, apartment, or single-family/manufactured housing, where such sign shall not exceed 12 square feet in area.
  3. A construction sign appertaining to the construction or remodeling of a building on the premises, which sign shall not exceed 64 square feet, and which shall be located on the lot only for the duration of the construction.
  4. A development sign appertaining to residential, office, retail, commercial and/or industrial development which sign shall not exceed 100 square feet, and which shall be located within the area being developed. One sign per contractor/contracting company/developer/financing institution per project or one sign for each 30 acres of development shall be permitted for the duration of the project.

153.103 Expiration

All permits for signs not completely erected, constructed, reconstructed, or placed on the ground or securely attached to a building or structure shall expire within three months from the date of issuance of such permit. Any uncompleted sign, for which a permit for erection, construction, placement, or attachment has expired, shall be removed from the premises on which it is located. The applicant may obtain an extension not to exceed 60 days for the completion of such work.

153.104 Sign Standards

Permitted Free Standing Signs — By Land Use


AGR-1, R-2, R-3, SF-MH
MF, MHP, PO, P-OS
B-1, B-2, INT
PMXU
PDOTCL1
Principal Freestanding Sign (includes choice of pole or monument sign) Single Tenant
Max Number
1 per lot
1 per lot
1 per street frontage
1 per street frontage
1 per street frontage
a.Not allowed1 per street frontage
Max Sign face or sign area
10 sq. ft.
6 sq. ft.
32 sq. ft.
100 sq. feet
N/Aa.Not allowed
100 sq. feet
Max Height
5 feet
5 feet
10 feet30 feetN/Aa.Not allowed
30 feet
Principal Freestanding Sign (includes choice of pole or monument sign) Multiple Tenants
Max Number
N/AN/A1 per street
1 per street
1 per street
a.Not allowed
1 per street
Max Sign face or sign area
N/A
N/A
40 sq. ft.
125 sq. feet
175a.Not allowed
150 sq. feet
Max Height
5 feet
5 feet10 feet30 feet30 feeta.Not allowed
30 feet
Building Signage
Wall, awning, under-canopy, projecting on a building
Max. number of building signs
111 per building
1 per tenant/per face of building
1 per tenant/per face of building
a.1 per tenant/per face of building
1 per tenant/per face of building
Max Sign face area
1 sf
1 sf
5 sf
10% of the area of the wall on which the sign is placed
10% of the area of the wall on which the sign is placed
a.10% of the area of the wall on which the sign is placed
10% of the area of the wall on which the sign is placed
Billboards (Off-premise signs)b
Max Number
Not allowed
Not allowed
Not allowed
Not allowed
Not allowed
Not allowed
Not allowed
1 per every 3,000 feet of street frontage/1 per 3,000 foot radius
Max Sign face or sign area
Not allowed
Not allowed
Not allowed
Not allowed
Not allowed
Not allowed
Not allowed
350 sf per side
Max Height
Not allowed
Not allowed
Not allowed
Not allowed
Not allowed
Not allowed
Not allowed
30 feet
Minimum Setback from right-of-way/property line







20 feet
Directional Signs
Max Number
Number and Size approved by the Building official.
Max Sign face or sign area
Max Height

a. Submitted by the developer and subject to approval by the Planning and Zoning Commission and City Council.

b. Billboards are subject to approval of a special use permit.

153.105 Off-Premise Signs

  1. Prohibited signs. Off-premises signs shall be allowed in LI districts with the issuance of a special use permit. No special permit may be issued for an off-premise sign located within 3,000 feet of any existing billboard, property with a residential zoning category, or a church, school, park, or open space area.
  2. Special permit.
    1. An off-premises sign may be located in LI districts by special use permit authorized by action of the City Council by a three-fifths majority vote.
    2. An application for a permit shall be submitted in writing to the Building Official accompanied by a nonrefundable application fee in accordance with the official fee schedule on file with the Building Official. All property owners within a radius of 200 feet of all property lines of the subject property shall be notified by mail of the requested permit and the date, time and place of the hearing before the City Council.
    3. The special permit request shall be accompanied by a drawing showing:
      1. Site plan with the location of the sign on the property, structures on the property, adjacent structures, setbacks, owner of the property, and the owner of the sign;
      2. Height of the sign;
      3. Size of the sign;
      4. Structural design of the sign.
    4. Once permitted, all off-premises signs shall bear the name, the address, and the telephone number of the sign contractor and the owner and the date of erection of the sign inscribed on the sign in a readable manner.
  3. Compliance with building codes. Any off-premises sign shall be constructed in compliance with all city building codes.
  4. Lighting.
    1. All lighting of an off-premises sign shall be so shielded as not to produce intensive or excessive light or glare on adjacent property or to vehicular traffic. Signs which contain include or are illuminated by any flashing, intermittent or moving lights are prohibited, except those giving public service information such as time, temperature, weather or similar information.
  5. Political signs. Pursuant to § 216.903 of the Texas Local Government Code, or successor statute, the following conditions apply to signs in the City of Rusk that are placed on private property with the consent of the owner and that contain political messages. Such signs shall comply with the following:
    1. Shall not exceed 36 square feet in area
    2. Shall not exceed eight feet in height
    3. Shall not be illuminated or have any moving elements.
  6. Nonconforming sign abatement.
    1. Any nonconforming off-premises sign which shall, require reconstruction due to lack of maintenance, damage, or any other reason not specified in this chapter, which involves reconstruction of 50% or more of the existing structure, shall not be reconstructed and must be removed. All existing off-premises portable signs shall be removed within three months after the passage of this chapter.

153.106 Purpose

  1. For providing for the orderly, safe, attractive and healthful development of land located within the community and promoting the health, safety and general welfare of the community, it is deemed necessary to establish requirements for the installation and maintenance of green space elements and other means of site improvements on developed properties.
  2. To enhance the community's ecological, environmental and aesthetic qualities.
  3. Paved surfaces, automobiles, buildings and other improvements produce increases in air temperatures, a problem especially noticeable in this southern region, whereas plants have the opposite effect through transpiration and the creation of shade. Likewise, impervious surfaces created by development generate greater water runoff causing problems from contamination, erosion and flooding. Preserving and improving the natural environment and maintaining a working ecological balance are of increasing concern. The fact that the use of landscape elements can contribute to the processes of air purification, oxygen regeneration, water absorption, water purification, and noise, glare and heat abatement as well as the preservation of the community's aesthetic qualities indicates that the use of landscape elements is of benefit to the health, welfare and general well being of the community and, therefore, it is proper that the use of such elements be required.

153.107 Green Space Requirement

  1. Each lot or parcel of land except for areas zoned AG, R-1, R-2, or R-3 shall provide green space on at least 10% of the total lot area. Required landscaping/green space area shall be located on the same lot or parcel of land upon which these uses are located.
  2. Green space requirements become applicable to each individual lot at the time a building permit application is made.
  3. Green space requirements. The amount of required green space area shall be calculated based upon the lot area, excluding street rights-of-way. Areas provided as green space shall meet the following criteria:
    1. Within green space areas, there shall be at least one tree for every 1,000 square feet of space. New trees planted to meet this requirement shall be a minimum three-inch caliper.
    2. Within green space areas, there shall be at least one shrub for every 200 square feet of required green space. New shrubs planted to meet this requirement shall be a minimum of two gallon.
    3. Green space areas must be easily viewed from adjacent streets and homes.
    4. Every development shall be required to have either an irrigation system or a hose connection. The hose connection shall be within 150 feet of all landscaping.
  4. Green space plan requirements. The location, calculations, size and description of all landscaping and screening materials proposed to satisfy the requirements of this section shall be shown on a Green Space Plan, and included with the construction plans. The green space plan shall include:
    1. Boundary lines and dimensions of the lot.
    2. Plant schedule listing the name and size of all plant material.
    3. Location, size, and type of vegetation of new and existing plant materials to be planted or retained in the proposed landscaped areas.
    4. Statement of compliance indicating the total square footage of landscaping area required, including the number of trees and shrubs, and a calculation to verify that the number, size, and type of vegetation listed on the plant schedule will render the proposed development in compliance with this code.
    5. Location and type of irrigation system.
  5. Plan revisions. Minor revisions to green space plans are acceptable provided the changes comply with this code and are approved in writing by the Building Official.
  6. Reduction in required landscape area. On sites where the Building Official has determined that undisturbed areas exist, the areas will be subtracted from the total lot area when calculating landscape requirements. Therefore, trees, shrubs, or groundcover in this area will not be applicable in meeting the landscape requirements for development of the property. No building permit may be issued for the development within the undisturbed area until all requirements of this section have been met.
  7. Regulation of nonconforming developments. The construction of one or more additional buildings on the same lot or any new construction added on to the existing non-conforming building will be required to comply with this section.
  8. Alternative green space plan.
    1. An application for an alternative green space plan may be submitted for consideration by the Building Official when site conditions make strict compliance with the landscape requirements undesirable or impractical. Examples of such site conditions include, but are not limited to, the following:
      1. Existing buildings, utilities or other improvements
      2. Unusual shape of lot, tract or building site
      3. Topography, soil, geologic, vegetation or other natural feature
      4. Safety (e.g. vehicle sight distance, impediments to vehicle maneuvering, visibility of traffic or safety related signage)
    2. The alternative landscape plan shall, as a whole, meet or exceed the standards of this chapter. When a provision is reduced, the plan shall increase other provisions to off-set any non-compliance. For instance, if landscaping plantings are reduced in one area, plantings in other areas that will have a similar beneficial impact shall be increased by an equal or greater amount. If the area of landscaping is decreased, the number of plantings shall be increased.
    3. The Building Official shall consider approval or disapproval of an alternative landscape plan. If the decision is to disapprove, the Building Official shall state reasons. An applicant may appeal the decision of the Building Official to the Board of Adjustment. Such appeal shall be processed as a variance.

153.108 Screening

In addition to the green space requirements of this section, all development other than single-family or two-family shall also be required to screen outdoor storage and outside storage areas from view from adjacent single-family or two-family residences and any street or public rights-of-way. Screening by vegetation that could be removed from adjacent undeveloped or partially developed properties when such property is developed is not considered as screening from view. All new development requiring a building permit issued after the adopted date of this chapter shall comply with this section.

Outside storage areas shall be screened by a privacy fence or wall at least the height of the items to be screened.

Existing on-site vegetation, demonstrating significant visual screening capabilities and as approved by the Building Official, shall fulfill the requirements of this section.

153.109 Residential Districts--Special Off-Street Parking Provisions

  1. Required off-street parking shall be provided on the same site as the use it is to serve unless otherwise approved by the Building Official.
  2. All vehicle parking shall be on a suitably paved parking surface, which shall consist of concrete, asphalt, or a similar material. All driveways and approaches to parking spaces shall be similarly paved.
  3. No required parking space, garage, carport, or other automobile storage space shall be used for the storage of any heavy load vehicle (see definitions for heavy load vehicle).

153.110 Nonresidential Districts--Special Off-Street Parking Provisions

  1. To prevent nuisance situations, all parking area lighting shall be designed and operated so as not to reflect or shine on adjacent properties.
  2. All required off-street parking, maneuvering, loading and storage areas shall be paved with a hard surface such as asphalt, concrete, or other paving material as approved by the Building Official (i.e., no parking shall be permitted on grass, within landscaped areas, or on other unimproved surfaces).
    Parking spaces shall be permanently and clearly identified by stripes, buttons, tiles, curbs, barriers, or other approved methods. Non-permanent type marking, such as paint, shall be regularly maintained to ensure continuous clear identification of the space.
  3. Specific parking space sizes, exclusive of aisles, driveways and maneuvering areas shall be in accordance with the following minimum sizes:
    1. Standard: Nine feet by 18 feet
    2. Parallel: Eight feet by 22 feet
  4. Except for developments in PMXU, PD or OTC zoning designations, parking shall not be permitted to encroach upon the public right-of-way in any case. For new construction only, all vehicle maneuvering shall take place on-site.
    No public right-of-way shall be used for backing or maneuvering into or from a parking space, or for circulation within the parking lot.
  5. Refuse storage facilities placed in a parking lot shall not be located in a designated parking or loading space. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies.
  6. Handicap parking space(s) shall be provided according to current building codes, State laws, and requirements of the Americans with Disabilities Act (ADA).
  7. In all nonresidential, duplex and multi-family zoning categories, designated parking and loading areas shall not be used for the repair, storage, dismantling or servicing (except for normal maintenance of a private vehicle) of vehicles or equipment, or for the storage of materials or supplies, or for any other use in conflict with the designated parking and loading areas (i.e., advertising or open storage of raw materials).
  8. To ensure that all requirements set forth in this section are carried forward, it will be the responsibility of the owner of the parking area to adequately maintain the facility. All off-street parking areas shall be kept free of trash, debris, vehicle repair operation or display and advertising uses. At no time after initial approval of the parking area layout can changes be made in the location and number of provided spaces without approval of the Building Official.
  9. Off-street stacking requirements for drive-through facilities:
    1. A stacking space shall be an area on a site measuring eight feet by 20 feet with direct forward access to a service window or station of a drive-through facility which does not constitute space for any other circulation driveway, parking space, or maneuvering area. An escape lane, of at least eight feet in width and with negotiable geometric design, must be provided to allow vehicles to get out of stacking lane in the event of a stalled vehicle, emergency, accidental entry, etc.
    2. For financial institutions with drive-through facilities, each teller window or station, human or mechanical, shall be provided with a minimum of five stacking spaces. One escape lane shall be provided.
    3. For each service window of a drive-through restaurant, a minimum of six spaces shall be provided for the first vehicle stop (usually the menu/order board), and two spaces shall be provided for each additional vehicle stop (order/pick-up windows, etc.). One escape lane shall be provided from the beginning of the stacking lane to the first stop (e.g., menu/order board).
    4. For retail operations (other than restaurants, banks, etc.) and kiosks that provide drive-up service (e.g., pharmacy, dry cleaners, etc.), a minimum of three stacking spaces for each service window shall be provided.
    5. For a full-service car wash, each vacuum or gas pump lane shall be provided with a minimum of four stacking spaces. For the finish/drying area, adequate vehicle stacking and storage space must be provided to keep finished vehicles out of circulation aisles, access easements, fire lanes, streets, etc.
    6. For each automated self-service (drive-through/rollover) car wash bay, a minimum of three stacking spaces, in addition to the wash bay itself, shall be provided. One stacking space shall be provided at the exit end of each wash bay for window-drying and other detailing.
    7. For each wand-type self-service (open) car wash bay, a minimum of two stacking spaces, in addition to the wash bay itself, shall be provided.
      One stacking space shall be provided at the exit end of each wash bay for window-drying and other detailing, unless a separate area/shade structure is provided (outside of circulation aisles) for these activities.
    8. For automobile quick-lube type facilities, a minimum of three stacking spaces shall be provided for each service bay in addition to the service bay(s) itself.

153.111 Off-Street Loading Space--All Districts

  1. All retail, commercial, industrial and service structures shall provide and maintain off-street facilities for loading and unloading of merchandise and goods within the building or on the lot. All drives and approaches shall provide adequate space and clearances to allow for the maneuvering of trucks on-site (i.e., no backing or maneuvering may occur on a street or public alley). Each site shall provide a designated on-site loading and maneuvering area for trucks. Such off-street loading space may be adjacent to (but not any portion of) a public alley or private service drive, or it may consist of a truck berth within the structure. Such off-street loading space or truck berth shall consist of a minimum area of ten feet by 45 feet, and such spaces or berths shall be provided in accordance with the following schedule:

    Total Square Feet of Gross Floor Area in Structure
    Minimum Required Spaces or Berths
    0 to 10,000 square feet
    None
    10,001 to 50,000 square feet
    1
    50,001 to 100,000 square feet
    2
    100,001 to 200,000 square feet
    3
    Each additional 100,000 square feet
    1 additional
  2. Loading docks for any establishment which customarily receives goods between the hours of 9:00 p.m. and 8:00 a.m. and is adjacent to a residential use or district shall be designed and constructed so as to enclose the loading operation on three sides, in order to reduce the effects of the noise of the operation on adjacent residences.
  3. Kindergartens, elementary schools, day schools, and similar child training and care establishments shall provide one paved off-street pedestrian loading and unloading space for an automobile on a through, "circular" drive for each 30 students cared for (excluding child care in a residence). An additional lane shall also be required to allow pass by or through traffic to move while automobiles waiting or parked to pick up children occupy loading/unloading areas.

153.112 Parking Access From A Public Street--All Districts

  1. In the approval of a detailed Site Plan, design consideration shall be given to providing entrance/exit drives which extend into the site to provide adequate queuing of vehicles on the site.
  2. In all districts (except single-family and duplex zoning districts) building plans shall provide for entrance/exit drive(s) appropriately designed and located to minimize traffic congestion or conflict within the site and with adjoining public streets as approved by the Building Official.

153.113 Rules For Number Of Parking Spaces

In computing the number of parking spaces required for each of the above uses, the following rules shall govern:

  1. The parking space requirements for a new or unlisted use not specifically mentioned herein shall be the same as required for a use of similar nature. If the proposed use is not similar to any of the uses listed herein, a determination shall be made by the Building Official, in accordance with the requirements for the most closely related use specified in this section.
  2. Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of 10% or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change.
  3. Shared parking may be allowed in the case of mixed uses (different buildings) under the following conditions. Shared parking must be on the same parking lot. Reduction due to shared parking shall be determined and approved by the Building Official. To assure retention of the shared parking spaces, each property owner shall properly draw and execute a document expressing the same and shall file this agreement with the City of Rusk.

153.114 Location Of Parking Spaces

All parking spaces required herein shall be located on the same lot with the building or uses served, except as follows:

  1. In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, approval by the Planning and Zoning Commission and City Council is required according to the following criteria:
    1. Off-site parking may be permitted on an immediately contiguous lot or tract, or on a lot or tract within 150 feet of such building or structure provided:
      1. That a permanent, irrevocable easement of the parking facilities in favor of the premises to be benefited shall be dedicated and recorded as a condition of such use, or
      2. That a long-term remote parking lease agreement be provided upon approval by the City as a condition of such use.

153.115 Off-Street Parking Requirements

The following off-street parking requirements are considered minimum requirements and may not adequately reflect the specific needs of a proposed business. The Downtown Core Zoning District is exempt from these parking requirements.

A commercial building permit applicant shall analyze the parking needs of the specific users being proposed and provide the amount of parking required for such uses. When any building or structure is erected, or an existing building is enlarged by 50% or more in floor area, off-street parking shall be provided in accordance with the following requirements (Note: Any building enlargement is required to add at least the amount of additional parking required by the enlargement).

LAND USESPACE REQUIREMENT
Single Family, Two Family
2 per dwelling unit
Townhouse/Rowhouse
2.5 per dwelling unit
Multi-Family
1½ for one bedroom plus ½ for each add. bdr.
Fraternity House, Sorority House, Dormitory, Rooming House, Boarding House
1 per each two beds
Restaurant as a single use or comprising more than twenty percent of a mixed retail center
1:100 sq. ft.
Hotel, Motel
1 per room plus 1:200 sq. ft. of Comm. Floor Area
Medical / Dental Clinic/ Office, Personal Service
1:200 sq. ft.
Mixed Use Retail Center less than 20,000 sq. ft.

Mixed Use Retail greater than 20,000 sq. ft.
1:250 sq. ft
Studio, Bank, Retail
1:250 sq. ft
Business / Professional Office
1:275 sq. ft
Furniture, Appliance or Hardware Store; Wholesale sales Establishment, Machinery/Equipment Sales and Service, Clothing/Shoe Repair, Service Shop, Comm. Center, Library, Museum, Art Gallery
1:300 sq. ft
Manufacturing, Industrial, Research, Testing, Warehouse, Storage Buildings and Yards, Lumber Yard, Printing Shop, Plumbing Shop
1:1000 plus spaces for business vehicles
Church, Theater, Auditorium (except school), Sports Arena, Stadium, Gymnasium, Funeral Home
1:4 seats
Hospital, Sanitarium, Convalescent Home
1:4 beds
Dance/Assembly/Exhibition Hall, Restaurant, Night Club, Lodge or Country Club
1:100 sq. ft.
Motor Vehicle Salesrooms and Used Car Lots
greater of 1:800 sq. ft. of sales floor or lot area
Vehicle Repair Garage
1:400 sq. ft.
Mini-Warehouse Self Storage
parking required only for office
Golf Courses
4:hole
Bowling Alleys
5:alley
Elementary Schools
greater of 1:4 seats in auditorium or 2:classroom
Secondary Schools, colleges
greater of 1:4 seats in auditorium or 10:classroom

153.116 Special Requirements For Parking In Manufactured Housing Park (MHP) Zoning Districts

  1. Street systems and car parking.
    1. General requirements. All manufactured home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each manufactured home lot. Such access shall be provided by streets, driveways and other means.
    2. Park entrance. Entrances to manufactured home parks shall be designed to minimize congestion and hazards and allow free movement of traffic on adjacent streets. No parking shall be permitted on the park entrance street for a distance of 100 feet from its point of beginning, unless the park entrance is at least 36 feet wide.
    3. Internal streets. Shall meet the following minimum requirements:
      1. All streets, from back of curb to back of curb, 25 feet;
      2. Dead-end streets shall be limited in length to 1,000 feet and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least 60 feet.
      3. All streets shall be constructed with asphalt or concrete and with curb and gutter
      4. All construction plans shall be designed by a registered professional engineer and shall be reviewed and approved by the City.
    4. Car parking. All manufactured home lots shall be required to provide a minimum of two off street parking spaces constructed of asphalt or concrete.
    5. Illumination of street systems. All parks shall be furnished with lighting units so spaced and equipped with luminaries placed at such mounting heights as will provide illumination for the safe movement of pedestrians and vehicles at night.

153.117 Purpose

This division is intended to guide the construction of fences and walls within the city in any of the zoning districts provided that the fencing complies with the requirements of this code as to location, height, and composition. These regulations apply only to fences located at or near a property line or right-of-way, not to interior fences.

153.118 Required Conditions

In all cases, fences and walls must meet the following:

  1. Location and height.
    1. Fences generally may be constructed along the front, rear and side property lines, if located entirely on private property and not in excess of the maximum height allowed.
    2. Fences must not be designed or constructed so as to interfere with traffic site visibility. Fences determined to cause immediate danger may be removed by the city.
    3. Fences located in the front yard, along the property line and/or the side property line(s), to a depth less than or equal to the front yard setback, are restricted to a maximum height of four feet in residentially zoned districts and eight feet in commercial, industrial and other non-residential districts. Fences within the front yard along the property line in residential districts must either have vertical slats with a minimum of four inches of space between slats, or may be chain link.
    4. Fences located in the rear or side years, along the rear property line or the side property line(s) at a depth greater than the required front yard setback, are restricted to a maximum height of eight feet in residentially zoned districts and ten feet in commercial, industrial, and other non-residential districts.
  2. Fence materials.
    1. Composition of fences is restricted to materials commonly used in fence construction, including wood, wire, brick, stone, pipe, concrete, or materials approved by the Building Official.
    2. Fences composed of tires, bumpers or other new or used materials, not commonly used in fence construction, are prohibited in all zoning districts.
    3. The use of barbed wire, razor wire, concertina wire, or similar materials is prohibited in all zoning districts with the exception of used in the LI district and in any district where federal law requires facilities to install such fencing. Barbed wire may be used in agricultural districts provided the fencing material does not pose a health or safety threat to the general public.
    4. The Building Official may grant a property owner permission to use materials such as are prohibited in subsections (2) and (3) above on a limited basis and in areas where there will be little or no visibility from the public right of way and the fencing materials do not pose a health or safety threat to the general public provided the materials are approved on the fence permit.
    5. Electric fences are prohibited in all zoning districts except that low voltage pet containment systems may be permitted.
  3. Exceptions to fence height. The Building Official may grant a property owner permission to exceed the maximum height limitation when there are circumstances whereby the maximum allowed height of a fence erected does not provide sufficient safety or privacy.