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Sherman City Zoning Code

ARTICLE 14

04 SUPPLEMENTARY DISTRICT REGULATIONS

§ 14.04.001 Setback encroachments.

(a) 
Purpose.
The purpose of these standards is to provide reasonable regulations for the building of structures within the setbacks of lots in the city.
(b) 
Projections into required yards.
(1) 
Open and unenclosed building projections such as outside stairways and fire escapes, balconies, terraces or porches, awnings, eaves and roof extensions, and ornamental features may project into the required yards for a distance not to exceed 4 feet and located not closer than 3-1/2 feet from any lot line. Additionally, no supporting structures for such extensions may be located within the required yard, with the exception of supporting members for stairways and fire escapes.
(2) 
Projecting signs in the central business district overlay shall have a minimum clearance from the sidewalk of 8.5 feet and shall not project more than five feet from the building or more than 50 percent of the width of the sidewalk adjacent to the building, whichever is less. No supporting structures for said signs is permitted within the public right-of-way.
(3) 
Handicap access ramps in residential zoned properties may be permitted in the front yard with approval from the building official.
(Ordinance 6555 adopted 12/5/2022)

§ 14.04.002 Accessory buildings and structures.

(a) 
Purpose.
The purpose of these standards is to provide reasonable regulations for the appearance, location, type and maintenance of accessory buildings and structures to ensure safety and the high-quality character and appearance of the city. The following regulations shall be observed for all accessory buildings and structures in all residential zoning districts. Accessory buildings and structures in non-residential zoning districts shall adhere to the standards of the applicable district.
(b) 
General standards.
(1) 
No accessory building or structure shall be permitted in the front yard. Accessory building or structures shall not be permitted in the required side yard unless specified herein.
(2) 
Accessory buildings or structures must be separated from the main building or other structures by a distance of not less than 5 feet.
(3) 
Accessory buildings and structures must have a rear and an interior side yard setback of not less than five (5) feet.
(4) 
Where the accessory building is adjacent to a side street, the minimum side yard setback from said street shall be fifteen (15) feet, with the exception of garages or carports.
(5) 
Detached garages or carports facing an alley or side street must be setback twenty (20) feet.
(6) 
Accessory buildings or structures shall not be located in drainage or utility easements.
(7) 
A portable storage shed is considered an accessory structure; however, it is not subject to a building permit nor the side or rear yard setback requirements provided that it meets the following:
(A) 
It is less than or equal to 100 square feet in floor area and less than eight (8) feet in height;
(B) 
It is freestanding, moveable, and has no permanent foundation;
(C) 
It is set back at least two (2) feet from side or rear lot lines; and
(D) 
It does not contain plumbing or electrical installations.
(c) 
Accessory buildings.
(1) 
Examples of accessory buildings include, but are not limited to, detached garages and sheds and other enclosures that extend vertically above grade.
(2) 
Accessory buildings attached to the primary building are considered an extension of the primary building and shall be subject to the regulations that apply to the primary building including, but not limited to, building setbacks.
(3) 
Accessory buildings may be permitted within the allowable building area of any lot defined by the required front, side, and rear building lines.
(4) 
No accessory building shall be rented or leased.
(5) 
An accessory building that serves as an accessory dwelling may not be located on a lot less than 12,000 square feet in area and shall be zoned R-A, R-E or R-12.
(6) 
No accessory building shall be used for commercial purposes.
(7) 
Accessory buildings of less than 500 square feet may be located within the required rear yard subject to the accessory building setback requirements described in subsection (b).
(8) 
Accessory buildings of 500 square feet or greater shall be located in the building area.
(9) 
The accessory building footprint shall be included in the calculation of the building area of the lot.
(d) 
Accessory structures.
(1) 
Accessory structures attached to the primary building are considered an extension of the primary building and shall be subject to the regulations that apply to the primary building including, but not limited to, building setbacks.
(2) 
Accessory structures may be permitted within the allowable building area of any lot defined by the required front, side, and rear building lines.
(3) 
Accessory structures of less than 500 square feet may be located within the required rear yard subject to the accessory building setback requirements described in subsection (b).
(4) 
Accessory structures of 500 square feet and greater shall be located within the zoning district setbacks.
(e) 
Swimming pools and other at-grade or below-grade structures.
(1) 
Above-ground or in-ground swimming pools and other at-grade or below-grade structures may be permitted within the allowable building area of any lot defined by the required front, side, and rear building lines.
(2) 
In-ground swimming pools are structures that are built below-grade constructed of concrete, fiberglass or other similar construction and require pool equipment such as pumps and filters to operate.
(3) 
Above-ground swimming pools are structures that are permanently constructed that require pool equipment such as pumps and filters to operate. Play pools and other seasonal pools that do not require pool equipment are not applicable to the regulations in this section.
(4) 
Above-ground swimming pools and other at-grade or below grade structures are permitted in the rear yard of any residential district so long as they are not constructed or installed within five (5) feet of the main structure and must have a rear and interior side yard setback of not less than five (5) feet.
(f) 
Permit required.
An accessory building or structure as defined above shall be required to have a building permit, be inspected by the city and meet the requirements of this article. Above-ground and in-ground pools require building permits.
(Ordinance 6555 adopted 12/5/2022)

§ 14.04.003 Parking and off-street loading areas.

(a) 
Purpose.
The purpose of these regulations is to secure the health and safety of the general public; 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 stacking shall be provided as set forth in the following provisions. The stated goals are supported by the regulations which follow.
(b) 
General standards.
(1) 
Off-street parking shall be prohibited from encroaching into the public right-of-way in any case.
(2) 
All vehicle maneuvering shall take place on-site.
(3) 
Handicap parking is required subject to the State of Texas Program for the Elimination of Architectural Barriers and shall conform to the Americans with Disability Act (ADA).
(4) 
Parking of recreational vehicles (RVs), travel trailers, boat trailers, or other trailers are not permitted in the front yard of any zoning district unless specifically permitted by use such as RV, boat or trailer sales.
(5) 
Adequate ingress and egress to all parking spaces shall be provided.
(6) 
Any lighting used to illuminate any off-street parking area shall be so arranged as to direct the light away from the adjoining premises of any residential districts.
(c) 
Single-family residential parking standards.
(1) 
Required parking or driveways in R-A, R-E, R-12, R-6, R-5, R-4, R-2F, and R-TH must be paved concrete or asphalt. An exception to this requirement may be considered by the director of development services for properties zoned R-A (residential agricultural) or R-E (estate residential) provided that the portion of the driveway located within the public right-of-way is paved with concrete or asphalt.
(2) 
Minimum parking requirements.
(A) 
There shall be a minimum of one (1) enclosed garage parking space in all residential zoned properties.
(B) 
There shall be one (1) parking space per bedroom up to four (4) parking spaces provided behind the front property line, including garage parking.
(C) 
Each required enclosed parking space and driveway parking spaces shall be a minimum of nine (9) feet wide and twenty (20) feet long.
(3) 
Residential lots with front line lot widths of sixty (60) feet or greater are eligible for circular driveways but subject to approval from the director of engineering to ensure that health and safety of the general public is maintained.
(4) 
Driveways shall not be constructed with a slope greater than 10%.
(d) 
Non-residential, multifamily and manufactured housing parking standards.
(1) 
Required parking or driveways must be paved concrete or asphalt. Additional parking above the required parking may be constructed with a pervious material as approved by the director of engineering.
(2) 
Parking spaces shall be permanently and clearly identified by stripes or other approved methods. Non-permanent type marking, such as paint, shall be regularly maintained to ensure continuous clear identification of the space.
(3) 
Minimum parking requirements.
(A) 
Required parking spaces shall be a minimum of nine (9) feet wide and twenty (20) feet long.
(B) 
A required parking space may be a minimum of nine (9) feet wide and eighteen (18) feet long when possible for a vehicle to overhang the front of a parking space that is landscaped with grass, mulch, or similar landscaping material, not including sidewalks.
(C) 
Parallel off-street parking spaces must be a minimum of eight (8) feet wide and twenty-two (22) feet long.
(4) 
Parking aisle design.
(A) 
Drive aisles that are also fire lanes shall be constructed to the adopted fire codes and amendments identified in chapter 3 (building regulations).
(B) 
Two-way drive aisles with 90 degree head-in parking shall be constructed with a minimum drive aisle width of twenty (20) feet.
(C) 
One-way drive aisles with angled parking shall be constructed with a minimum drive aisle width of fifteen (15) feet.
(5) 
Off-street loading areas.
(A) 
All non-residential uses having a gross floor area of 30,000 or more shall provide and maintain an off-street area for the loading and unloading of merchandise and goods.
(B) 
Each site shall provide a designated maneuvering area for trucks.
(C) 
No maneuvering shall take place in the right-of-way.
(6) 
Driveways and drive aisles shall not be constructed with a slope greater than 8%.
(e) 
Parking requirements by use.
(1) 
Off-street parking requirements.
In all zoning districts, off-street parking shall be provided for each of the uses identified herein-below at the ratios specified herein at the time any building or structure is erected, structurally altered, or at such other time when the use of the existing building is changed. The ratios specified herein shall be considered the minimum number of on-site vehicle parking spaces required.
Agricultural Uses
General agricultural parking
Unless specified below, agricultural uses shall have 1 space for every employee plus parking to accommodate all vehicles, but not less than 1 parking space for every 1,000 square feet for gross floor area.
Residential Uses
Bed and breakfast establishments
1 parking space for every guest room in addition to the parking requirements for a single-family dwelling.
Dormitories
1 parking space for every 2 beds.
Dwelling, multifamily
Efficiency unit: 1 parking space per unit.
1 bedroom unit: 1.5 parking spaces per unit.
2 bedroom unit: 2 parking spaces per unit.
3 bedroom unit: 2.5 parking spaces per unit.
4 bedroom unit: 3 parking spaces per unit.
Dwelling, single-family
1 enclosed garage parking space and 1 parking space per bedroom up to 4 parking spaces including garage parking.
Dwelling, two-family (duplex)
1 enclosed garage parking space and 1 parking space per bedroom up to 4 parking spaces including garage parking.
Dwelling, townhome
1 enclosed garage parking space and 1 parking space per bedroom up to 4 parking spaces including garage parking.
Manufactured home
2 parking spaces per unit.
Rooming, boarding house
1 parking space for every sleeping room.
Educational and Institutional Uses
Assisted living facility, nursing home, or institution
1 parking space for every 4 beds.
Church or other place of worship
1 parking space for every 100 square feet of gross floor area in the main sanctuary.
Civic club, fraternal organization, or lodge
1 parking space for every 400 square feet of gross floor area.
Clinic, medical or dental
1 parking space for every 200 square feet of gross floor area.
Halfway house
1 parking space for every 200 square feet of gross floor area.
Hospital
1 parking space for every bed.
Museum, library, or art gallery
10 parking spaces plus 1 parking space for every 300 square feet of gross floor area in excess of 2,000 square feet.
Nursery, kindergarten, or daycare for children
1 parking space for every 8 pupils.
Schools; elementary, high, college and universities, public, private, or denominational
Elementary, junior high, and middle schools: 2.5 parking spaces for every classroom and a minimum of 10 stacking spaces in 1 pick-up/drop-off lane.
High school: 8 parking spaces per classroom.
College: 10 parking spaces per classroom.
Utility and Transportation Uses
General utility and transportation parking
Unless specified below, utility and transportation uses shall have 1 space for every employee plus parking to accommodate all vehicles, but not less than 1 parking space for every 1,000 square feet for gross floor area.
Recreation and Entertainment Uses
Auditorium, sporting arenas, coliseum, theater, or amphitheater
1 parking space for every 3 seats.
Commercial amusement centers, indoor
1 parking space for every 200 square feet of gross floor area unless listed below:
Bingo centers: 1 parking space for every 100 square feet of gross floor area.
Bowling alley: 5 parking spaces for every alley.
Indoor sporting courts: 5 parking spaces per court.
Indoor shooting range: 2 parking spaces for every firing lane and 10 parking spaces for every classroom.
Indoor swimming pool: 1 parking space for every 100 square feet of water surface and pool deck area.
Commercial amusement centers, outdoor
1 parking space for every 100 square feet of gross floor area unless listed below:
Golf course: 5 parking spaces for every green, plus the required parking for retail, office, and other uses as applicable.
Golf driving range or miniature golf: 1.5 parking spaces for every tee.
Outdoor shooting range: 2 parking spaces for every firing lane and 10 parking spaces for every classroom.
Outdoor swimming pool: 1 parking space for every 100 square feet of water surface and pool deck area.
Sports fields: 50 parking spaces for every field.
Sports courts: 5 parking spaces per court.
Community center
10 parking spaces plus 1 parking space for every 300 square feet of gross floor area in excess of 2,000 square feet.
Health club or studio
1 parking space for every 200 square feet of gross floor area.
Commercial, Retail, and Service Uses
Automobile carwash
1 parking space for every employee not including parking provided for vacuum stalls. 8 stacking spaces for every carwash bay required for full service and 2 stacking spaces for every carwash bay required for self-service.
Automobile, motorcycle, boat, or trailer sales, new or used
1 parking space for every 500 square feet of sales floor area.
Automobile or vehicle repair
2 parking spaces for every service bay with a minimum of 5 parking spaces. Quick service requires 3 stacking spaces for each service bay.
Automobile service station (fueling station)
1 space for every 200 square feet of gross floor area. A minimum of 6 parking spaces shall be provided adjacent to the main building.
Bank, credit unions, and financial institutions; including credit access business
1 parking space for every 400 square feet of gross floor area plus 5 stacking spaces for every drive-thru teller or ATM station.
Contractors, construction offices, or contractors yard
Contractors office: 1 parking space for every 400 square feet of gross floor area.
Contractors yard: 1 parking space for every 5,000 square feet of outdoor storage area.
Food truck lot
1 parking space for every 100 square feet of net food truck court area. Area does not include non-occupiable areas.
Funeral home, mortuary, or crematory
1 parking space for every 200 square feet of gross floor area.
Hotel or motel
1 parking space for every unit plus the required parking for retail, office, and other uses as applicable.
Laundry, pick-up or self-service
1 parking space for every 200 square feet of gross floor area plus 3 stacking spaces for drive-thru.
Mini-warehouse
6 parking space for every development. Parking must be located outside of the security gates and accessible to the public.
Office, any type, unless specified herein
1 parking space for every 400 square feet of gross floor area.
Restaurant
1 parking space for every 150 square feet of gross floor area plus 8 stacking spaces for drive-thru service.
Retail, any type, unless specified herein
1 parking space for every 250 square feet of gross floor area.
Veterinarian, animal hospital, pound or shelter
1 parking space for every 400 square feet of gross floor area.
Manufacturing and Industrial Uses
Manufacturing and industrial parking
1 parking space for every 400 square feet of office floor area.
1 parking space for every 1,000 square feet for manufacturing or industrial floor area up to 20,000 square feet.
1 parking space for every 2,000 square feet for manufacturing or industrial floor area over 20,000 square feet.
Machine tools, sales, service, rental, and repair
1 parking space for every 400 square feet of gross floor area.
(2) 
Rules for calculating parking space requirements.
(A) 
Where fractional parking spaces result, the parking spaces required shall be rounded up to the nearest whole number
(B) 
For uses shown in subsection (1) that have atypical standards or single uses which have varying parking needs depending on the function of that specific single use, an applicant may submit a proposed parking ratio exception based on best/current planning and transportation practices under the following standards.
(i) 
Parking ratio application exception.
a. 
An applicant may submit an application for a parking ratio exception.
b. 
An applicant shall fully cite the sources used to derive the applicant-submitted parking ratio, possible resources include parking standards materials from the Institute of Transportation Engineers (ITE) or the American Planning Association (APA).
c. 
The director of development services shall approve, modify or deny the applicant submitted parking ratio.
d. 
See section 14.06.010 (appeals and the appeal process) for the process to appeal a decision made by the director of development services.
(Ordinance 6555 adopted 12/5/2022)

§ 14.04.004 Fences and screening devices.

(a) 
Purpose.
The purpose of these standards is to provide reasonable regulations for the appearance, location, type, and maintenance of fences and screening devices to ensure safety and the high-quality character and appearance of the city.
(b) 
General standards.
The following criteria shall apply to the installation of all fences and screening devices:
(1) 
No fence or screening device shall be placed within the following triangular areas at the intersections of streets and alleys due to sight distance requirements:
(A) 
At all street intersections, the triangular area formed by the street right-of-way lines and a line connecting them at points twenty-five (25) feet from the intersection of the right-of-way lines. Depending on the curvature of intersecting roads, the city engineer may require a larger triangular area.
(B) 
At all intersections of streets with alleys, the triangular area formed by the street right-of-way line and the alley right-of-way line or the street right-of-way line and the property line connecting them at points ten (10) feet from their intersection.
(C) 
Variances to the sight distance requirements may be approved by the director of engineering, subject to specific engineering criteria such as design speed, traffic control, and other site conditions.
(2) 
An irrigated landscaped strip, or an earthen berm, planted with trees or shrubs including a minimum of sixty (60) percent non-deciduous trees or shrubs that will achieve sight and noise obstruction, may be provided as a screening device as approved as a special exception by the planning and zoning commission.
(3) 
Backstops and safety fences may be erected in parks and recreational areas with the approval of the director of engineering and the director of development services to a height in keeping with standard practices for such uses, so long as such fence or backstop is not otherwise detrimental to public safety.
(4) 
Electric fences or wires are prohibited along and adjoining any public street, alley or public grounds and any common property line. Such fences or wires shall not be erected, maintained, re-erected or repaired.
(5) 
Patio screens and/or walls used for other purposes than line fencing may exceed a height of six (6) feet when located within the allowable main building area of any lot as defined by the required front, side and rear building lines, but shall not exceed a height of ten (10) feet.
(6) 
A detailed site plan for a fence or screening device shall be submitted to the development services department for review.
(7) 
Prohibited materials.
Metal panel fences are not permitted in any district.
(c) 
Single-family residential districts.
(1) 
A minimum six (6) foot masonry fence shall be constructed adjacent to major or minor arterials, as defined on the thoroughfare plan, to a single-family development. The perimeter fence may extend along the front property line long so long as it does not impact sight distance at intersecting streets, alleys, and driveways as defined in subsection (b)(1).
(2) 
No fence, hedge or screening device shall exceed a height of four (4) feet within a front yard in a residential district. Fences, within the front yard must be decorative with openings not less than fifty (50) percent of the fence area. Chainlink, woven wire mesh or similar materials are not considered decorative fencing and are prohibited.
(3) 
Fences used for screening shall not exceed a height of eight (8) feet in or along a required side or rear yard property line in a residential district. Such fences shall be constructed of wood, stone, brick, concrete block or other suitable material customarily used in residential landscaping; installed in a neat and workmanlike manner; having a completely solid area with no openings; and permanently maintained.
(d) 
Multifamily, manufactured housing, and non-residential districts.
(1) 
A minimum six (6) foot masonry or wrought iron, with masonry columns, perimeter fence shall be provided adjacent to public streets to surround a multifamily development or manufactured housing community. The masonry columns along a public street shall be separated at 24 feet on center. The perimeter fence may extend along the front property line long so long as it does not impact sight distance at intersecting streets, alleys, and driveways as defined in subsection (b)(1). Perimeter fencings for multifamily or manufactured housing communities are not required along property lines that have a natural buffer, such as a water body, floodplain or similar that is greater that sixty (60) feet in width from the adjacent property.
(2) 
A minimum six (6) foot solid screening device shall be provided where a multifamily development (MF-15 or MF-30), commercial development (C-N, C-O, C-1, or C-2), or a manufacturing development (M-1, M-1.5, M-2) is adjacent to a single-family district (R-A, R-E, R-12, R-6, R-5, R-4, R-2F or R-TH).
(3) 
No fence or screening device shall exceed a height of four (4) feet within a front yard in a non-residential district. Fence within the front yard must be decorative with openings in not less than fifty (50) percent of the fence area. Chainlink, woven wire mesh or similar materials are prohibited.
(4) 
All uses within an MF-15, MF-30, C-N, C-O, C-1, C-2, M-1, M-1.5 or M-2 district shall provide a screening device as an enclosure for garbage and trash containers.
(A) 
Such enclosure shall be located within the building area of the lot.
(B) 
The container shall be positioned or screened in such a way so that it is not visible from any street, highway or major thoroughfare.
(C) 
Enclosures shall be constructed of masonry or similar durable material.
(D) 
Trash enclosures may be permitted in the required rear or side yards when adjacent to other multifamily or non-residential zoning districts.
(5) 
Security fences may be erected to a height of ten (10) feet in commercial and manufacturing districts within the required building area.
(6) 
It shall be unlawful for any person to build or erect any barbed wire fence consisting of one (1) or more wires with barbs on them on, along or adjoining any public street, alley, or grounds within the city, or to lay any such wire or barbs on or along the top of any wooden or other fence adjoining any such street, alley, or grounds in the city, such fences being regarded as dangerous to the traveling public. The director of development services may approve such fences for the protection of factories and manufacturing establishments, for the husbandry of livestock, or where it is necessary for protection of public utilities or other facilities in time of war or emergency (see section 8.02.003 of this code).
(e) 
Agricultural areas.
(1) 
Line fences used for control of farm animals or to identify property boundaries may be constructed on a property greater than two (2) acres with active agricultural use. Such fences may be constructed of materials customarily used in agricultural landscaping. Poultry netting or welded wire on t-posts is not permitted for the use of line fences.
(2) 
Approval by the development services director may be granted for the erection of electric fences or wires in agricultural areas described in subsection (b)(4) for control of farm animals and in other areas to control dogs or other small animals provided the electric fences or wires are within a fenced area that will provide a protective enclosure.
(3) 
Gates designed for vehicle access shall be set back at least 20 feet from the property line.
(f) 
Permit required.
Fences and screening devices as defined above shall be required to have a building permit, be inspected by the city and meet the requirements of this article.
(Ordinance 6555 adopted 12/5/2022)

§ 14.04.005 Telecommunication antennas and towers.

(a) 
Purpose; goals.
The purpose of this section is to provide the citizens of the city with the best services possible while minimizing the detrimental visual effect of antennas and structures. This chapter does not regulate or apply to existing private communication equipment, towers or antennae solely for internal communication and used by a utility company with a franchise agreement with the city, which are not available for use by the general public.
(b) 
Definitions.
Refer to article 14.08 (definitions).
(c) 
Regulations.
(1) 
Locations requiring building permit only.
Permitted locations for antennas on monopole, light standards, flagpoles, and co-locations are as follows:
(A) 
An antenna may be located on any existing structure (buildings, signs, water towers, etc.) in any zoning district. The antenna only may extend up to ten (10) feet above the main structure. The allowance of an additional ten (10) feet in height does not apply to existing towers and/or poles. Installations on existing structures shall comply with load requirements of the city building code.
(B) 
Co-location on water towers and existing towers.
(C) 
Monopole towers only in the following districts with the maximum heights and conditions as listed:
C-O
40 feet
C-1
50 feet
C-2
70 feet
M-Districts
100 feet
(i) 
Towers shall maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted sky blue or gray, so as to reduce visual obtrusiveness. At the lower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the lower facilities to the natural setting and built environment.
(ii) 
Towers over seventy (70) feet shall have a minimum setback from residential zones of four hundred (400) feet.
(iii) 
A minimum setback of two hundred (200) feet or one and one-half (1-1/2) times the height of the monopole from any residential zoning district, whichever is greater.
(iv) 
A minimum setback equal to the tower height from any property line.
(v) 
A minimum separation of one thousand (1,000) feet from any other monopole or antenna tower, except for co-locations on the same tower or monopole.
(2) 
Locations requiring planning and zoning commission approval.
(A) 
A specific use permit is required for any towers proposed to be located in the overlay district, the historical district, the central business district, and all other types of towers and sites not listed above. The applicant shall provide the following as part of a SUP application:
(i) 
Proof of attempt to collocate on existing structures or towers. An affidavit that applicant has contacted all other providers and tower owners in applicant's target ring and that applicant was unable to collocate. Information to be provided includes date of contract, contact name, phone number, tower location, and reason co-location was not feasible.
(ii) 
Coverage map for proposed antenna. Disclosure of target ring, lower coverage area, identification of all existing towers in the target ring and their owners, and applicant's propagation studies for the target ring.
(iii) 
Verification list of all property owners notified of the proposed tower within a three hundred foot (300) radius or three (3) times the height of the tower, whichever is greater. Verification shall be return receipts from the U.S. Postal Service. Proof of notification by U.S. Mail, within twenty-one (21) days before application, of proposed tower location and height to all property owners within a three hundred (300) foot radius from the tower or three (3) times the height of the tower, whichever is greater.
(iv) 
A plan to minimize the visual impact of the tower. A detailed plan to minimize the visual impact of the tower and associated buildings and to maintain the aesthetic quality of the surrounding neighborhood by use of appropriate architectural concepts, camouflaging, colors, landscaping, textures of materials and screening, drawn to scale, to include the method of maintaining and replacing any dead or dying vegetation.
(v) 
Visual elevations to scale of the proposed tower or antenna and surrounding area. Visual elevations drawn to scale of the proposed tower or antenna and the surrounding three (3) mile radius area, depicting where any portion of the proposed tower could be seen by pedestrians.
(3) 
Additional items.
(A) 
All towers, supporting facilities, buildings, antennas, and below-ground structures located within the city limits of the city, including such structures located on real property subsequently annexed into the city, and new towers, supporting facilities, buildings, antennas, and all below-ground structures, shall be removed by the tower or antenna owner after each tower or antenna ceases operations for ninety (90) days, and such owners are required to provide the city with a copy of the notice to the FCC of the intent to cease operations, required to immediately revegetate the tower site in order to blend in with the surrounding area, and required to pay a penalty of fifty dollars ($50.00) per day until removal and revegetation is complete.
(B) 
All towers shall be built three (3) times the capacity of their intended use in order that secondary users could lease the balance of the tower capacity at reasonable rates.
(C) 
Applicants shall send, by certified mail, notice to all other tower users in the area, stating their siting needs and/or sharing capabilities. Applicants cannot be denied space on a lower tower unless mechanical, structural or regulatory factors prevent sharing.
(D) 
A sign having two-inch high letters shall identify all users of the tower.
(E) 
Each tower, supporting facilities, buildings, and antennas located on real property annexed into the city, shall, within one hundred eighty (180) days of such annexation, be modified to minimize the visual impact of these structures and to maintain the aesthetic quality of the surrounding neighborhood by use of appropriate architectural concepts, camouflaging, colors, painting, landscaping, textures of materials, and other screening devices.
(4) 
Federal requirement.
All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations.
(5) 
Building codes: safety standards.
To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the tower fails to comply with such codes and standards and constitutes a danger to persons and property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such codes and standards. If the owner fails to bring such tower into compliance within the said thirty (30) days, the city may remove such tower or cause such tower to be removed at the owner's expense.
(d) 
Removal of abandoned antennas and towers.
Any antenna or tower that is not operated for a continuous period of six (6) months shall be considered abandoned, and the owner of such antenna or tower shall remove same within ninety (90) days of receipt of notice from the development services director notifying the owner of such abandonment. If such antenna or tower is not removed within said ninety (90) days, the development services director may cause such antenna or tower to be removed at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
(e) 
Refusal to grant request.
Rejection of an application for a permitted use request for an antenna, tower or alternative tower structure by the director of development services shall require the proponent to submit a zone case for a specific use permit in accordance with section 14.06.009.
(Ordinance 6555 adopted 12/5/2022)

§ 14.04.006 Landscaping requirements.

(a) 
General.
(1) 
The city finds that the preservation and addition of plants and trees aid in the stabilization of soil by preventing erosion and sedimentation, generates oxygen, provide buffering and screening, protects and enhances property values and enhances the physical and aesthetic appearance of the community.
(2) 
Applicability.
The terms and provisions of this section shall apply to new development in the city limits, as specified in the following subsections.
(3) 
Definitions.
Bufferyard.
A designated setback that may include a combination of plants, berms, fences or walls, the purpose of which is to separate and screen incompatible land uses from each other.
Caliper inch.
The diameter of the trunk of a tree measured twelve (12) inches above grade.
Critically alter.
The uprooting, removing the canopy or severing the main trunk of a tree or causing damage which may cause a tree to die. This includes but is not limited to the removal of a tree from a property, damage inflicted upon a tree by machinery, storage of materials or the compaction of soil above the root system of a tree, a change in the natural grade above the root system of a tree, or excessive pruning.
Development.
Any manmade change to improved or unimproved real estate including, but not limited to, buildings and other structures, paving, drainage, or utilities, and agricultural activities.
Mitigation.
The method by which trees are replaced whether through replanting on the subject property, planting or transplanting to another location or same property, or through payment of fees-in-lieu of replanting approved by the city.
Protective fencing.
Chainlink, silt fence or other fencing used to protect preserved trees during construction activities.
Street perimeter buffer.
A required buffer located at the perimeters of a proposed development site which is directly adjacent to a street or roadway. These areas are considered as areas of high visual impact, and preservation of existing vegetation located along the perimeter of the proposed development site is highly encouraged and used to screen the site and minimize potential nuisances between land uses.
Tree, dead (or declining).
A tree that is dead or in severe decline with substantial structural defects, no remedial options available, and no chance of recovery, as determined and documented by a certified arborist.
Tree, ornamental.
Smaller tree species, reaching a height of approximately ten to 25 feet at maturity. Such trees provide screening and visual interest.
Tree, protected.
Any shade tree of a size and species as outlined in table 14.1 that is protected under section 10.02.007 of this code.
Tree, replacement.
Trees planted to mitigate the loss of trees as a result of development or tree removal.
Tree, street.
Trees planted within the right-of-way that may be located in a constrained location and should contain root systems and branch growth conducive to growth around pedestrians, vehicles, and public infrastructure.
(4) 
Alternatives.
If the requirements of this section cannot be fully met, then an alternative means of compliance mutually agreed upon by the city manager or his/her designee and the developer may be used to meet the requirements of this section.
(b) 
Landscaping standards.
(1) 
Tree planting standards.
All new trees required to be planted under this section shall meet the following standards:
(A) 
Newly planted shade trees shall measure a minimum of three (3) caliper inches. Container-grown trees are preferred.
(B) 
All new shade trees shall be planted so they have a minimum pervious area of five (5) feet from the trunk in all directions and no less than twenty-five (25) square feet of pervious area at the base of the tree.
(C) 
All new ornamental trees shall be planted so they have a minimum pervious area of three (3) feet from the trunk in all directions.
(D) 
Consideration should be given to the selection of tree and plant species and planting locations to avoid utility interference and protect the integrity of sidewalks, curbs, pavement and building foundations.
014 Tree Planting Standards.tif
(E) 
Approved tree list.
The trees listed in table 14.1 shall be used to satisfy the landscaping requirements outlined in this section.
Table 14.1
Shade Trees
Ornamental Trees
Common Name
Scientific Name
Common Name
Scientific Name
Pecan
Carya illinoensis
Chalk maple
Acer leucoderme
Black hickory
Carya texana
Redbud
Cercis canadensis
Walnut
Juglans nigra
Desert willow
Chilopsis linearis
Southern magnolia
Magnolia grandiflora
Arizona cypress
Cupressus arizonica
Texas oak
Quercus buckleyi
Texas persimmon
Diospyros texana
Red oak*
Quercus rubra
Texas mulberry
Morus microphylla
Bur oak*
Quercus macrocarpa
Mexican buckeye
Ungnadia speciosa
Chinkapin oak*
Quercus muehlenbergii
Yaupon holly
Ilex vomitoria
Shumard red oak
Quercus shumardii
Eve's necklace
Sophora affinis
Post oak
Quercus stellata
Mexican plum
Prumus mexicana
Live oak*
Quercus virginiana
Flame leaf sumac
Rhus lanceolata
Bald cypress
Taxodium distichum
Wax nyrtle
Myrica cerifera
American elm
Ulmus americana
Crepe myrtle
Lagerstroemia indica
Cedar elm*
Ulmus crassifolia
Little gem magnolia
Magnolia grandiflora
Lacebark elm*
Ulmus parvifolia
Vitex
Vitex agnus-castus
Chinese Pistachio*
Pistacia chinensis
Bigtooth maple
Acer grandidentatum
Caddo maple
Acer saccharum 'Caddo' (Acer barbatum)
Red mulberry
Morus rubra
Note:
*
Trees that are recommended as appropriate street trees within public right-of-way or in close proximity.
(2) 
Assurance of health and establishment.
(A) 
To ensure compliance, planted trees and landscaping and preserved trees shall be kept in healthy, living condition in perpetuity, including adequate irrigation. Dead or previously removed trees and landscaping shall be replaced in accordance with the requirements of this section. The city reserves the right to conduct site or aerial confirmation of tree condition and establishment at any point to ensure compliance.
(B) 
For trees being preserved for credits in accordance with section 10.02.007(h)(1) of this code, protective fencing shall be installed at the location of the tree's dripline.
(C) 
Cut or fill that is greater than four (4) inches in depth around the base of a preserved tree and/or the severing of major roots shall be considered critically altering the tree.
(3) 
Visibility at intersections.
At the corner intersection of two streets, no vegetation shall be planted and allowed to grow in such a manner as to impede vision between a height of two (2) feet and eight (8) feet above the centerline grades of the intersecting streets.
(4) 
Maintenance.
(A) 
Responsibility.
The property owner shall be responsible for the maintenance and/or replacement of trees and landscaping on individual property. A property owner's association or similar entity shall assume responsibility for the maintenance of common areas.
(B) 
Dead trees, plants or materials.
Maintenance will include the replacement of all dead plants and trees preserved or planted to meet the of the requirements of this section.
(c) 
Residential tree and landscaping requirements.
(1) 
Scope.
This section shall apply to all new residential permits and lots, including single-family and attached residential. These regulations do not apply to additions to existing dwellings.
(2) 
Landscape area.
For all lots, a minimum of fifty-five (55) percent of the width of the front lot line shall be pervious landscape area to include grass, trees, landscape material and may include walkways but not driveways.
(3) 
Required shade trees.
Installation of two, three (3) caliper inch shade trees from the approved tree list is required prior to a certificate of occupancy being issued. For lots less than fifty (50) foot width in width, only one of the two trees can be planted in the front yard, with the other tree installed either in the front yard, back yard or neighborhood common space.
014 Residential Requirements.tif
(4) 
Landscape tree credits.
Replacement trees required to mitigate for tree removals can count toward this requirement if planted in compliance with subsection (b)(1) above. Trees preserved in accordance with section 10.02.007 of this code may be credited towards the requirements of subsection (c)(3) only if located within the single-family lot and given room and proper care for long-term vitality.
(d) 
Non-residential tree and landscaping requirements.
(1) 
Scope.
This section shall apply to required off-street parking lots for all new commercial, multifamily, industrial and other nonresidential site plans.
(2) 
<title>Landscape areas.</title>Parking lots shall have open landscaped areas that are equal to but not less than ten (10) percent of the parking areas and drives in the parking areas. The required landscape areas may be located along the perimeter of a parking lot or interior to the parking lot as landscaped islands.
(A) 
A minimum of one (1) shade tree shall be planted in all required landscape islands. In order to maximize shade and aesthetics for people and vehicles, landscaped islands shall be located at the end of every parking row and throughout the interior of the parking lot so that a landscaped island is provided for every twelve (12) parking stalls in a row.
(B) 
In order to maximize the distribution of shade, shade trees shall be planted throughout the interior of the parking lot so that no parking stall shall be more than 50 feet from the center point of any city-approved parking lot tree, other than trees required for street perimeter buffer plantings. Clustering of trees shall be permitted as long as all required trees are situated within the parking lot.
(C) 
Landscaping shall consist of a combination of such materials as turf or ornamental grasses, ground cover, shrubs, vines, hedges, trees or other such materials. Landscape areas shall not contain more than 50% of a non-vegetative landscape material.
(D) 
To protect the root health of trees located within landscape islands, all landscaped areas shall be protected with a two (2) foot wide non-vegetative pervious surface area adjacent to the back of the curb adjacent to all parking spaces. This area may include mulch, crushed granite, river rock, or similar material.
(E) 
Landscaped islands located interior to the parking lot must include six (6) inch curbs and gutters to provide protection of landscape areas and mitigate soil erosion into paved parking areas. Low impact development (LID) stormwater components may also be considered.
014 Commercial Requirements 2.tif
014 Commercial Requirements 1.tif
(e) 
Street perimeter buffer
(1) 
Street buffer areas.
For all developments and land uses, a minimum of a fifteen (15) foot street buffer shall be provided at the perimeters of a proposed development site where adjacent to a public right-of-way and non-inclusive of any existing or proposed utility easements. These areas have high visual aesthetic impact and will aid in the buffering of sight and noise nuisance from perimeter streets and protect property values. Clustering of trees shall be permitted as long as all required trees are situated within the street perimeter buffer.
(2) 
<title>Planting requirements.</title>Areas within the street perimeter buffer that are left undisturbed with existing tree cover in accordance with section 10.02.007(f)(2)(B) of this code are exempt from the following requirements. All other areas within the buffer area shall comply with the tree planting requirements below:
(A) 
Street perimeter buffer areas shall provide two (2) shade trees and (2) ornamental trees per 1,000 square feet of buffer area (excluding any undisturbed areas with adequate tree cover).
(B) 
For plantings within the street perimeter buffer, no more than twenty-five (25) percent shall be a single species and trees should be planted in a manner characteristic to the natural context.
(C) 
The street perimeter buffer area can include secondary areas between trees that may include turf or ornamental grass, groundcover plants, rocks, and mulch.
(f) 
Bufferyard landscaping.
Bufferyards are required to create a green space transition to provide better development compatibility. Areas identified as bufferyards which are left undisturbed with adequate tree cover in accordance with section 10.02.007(f)(2)(B) of this code are exempt from the following requirements. All other areas within the buffer area shall comply with the tree planting requirements below:
014 Street Perimeter Buffer.tif
(1) 
Compatibility buffer.
A fifteen (15) foot bufferyard is required between any single-family residential land use and non-single family land use. Bufferyards shall be installed on the non-single-family site.
(2) 
Planting requirements.
One (1) shade tree and (2) ornamental trees per 1,000 square feet are required for all required bufferyards.
014 Buffer Yards.tif
(Ordinance 6555 adopted 12/5/2022; Ordinance 6692 adopted 2/5/2024)