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Spring Valley Village
City Zoning Code

SECTION SIX

- BUILDING AND USE RESTRICTIONS IN OFFICE BUILDING DISTRICT "B"

06:01 - USES PERMITTED:

In Office Building District "B", no land, building or premises shall be used, and no building or part thereof shall be erected, constructed, enlarged, altered, arranged or designed to be used in whole or in Part, except, for one or more of the following uses: (Ordinance 128)

06:01.01

Office Buildings for business and professional use (including administrative, scientific, research and development, training, statistical, financial and similar purposes in connection with such use); (Ordinance 128)

06:01.02

Buildings and uses immediately and exclusively accessory to the primary uses permitted on the site under Subsection 06:1.01, such accessory uses to include automobile parking facilities, heating, ventilating, and air conditioning (HVAC) equipment, and auxiliary power facilities; (Ordinance 128)

06:01.03

Buildings and uses immediately and exclusively accessory to the primary uses permitted on the site under Subsection 06:1.01 where such accessory uses are conducted within a main building, are necessary for the comfort, convenience and use of the tenants, employees and business visitors in the building or buildings, and are limited to the following: (Ordinance 128)

.01&.02

Restaurants, cafes, and cafeterias which do not serve, sell, or distribute alcoholic beverages; and restaurants, cafes, and cafeterias which serve alcoholic beverages to customers in conjunction with the sale of food prepared and served by the restaurant or cafe, and which do not have designated areas or seating for the service, sale, distribution, or consumption of alcoholic beverages; provided, however, designated areas or seating for the service and consumption of alcoholic beverages by restaurant or cafe customers awaiting the availability of seating for the service of food prepared and served by the restaurant or cafe are permitted. Alcoholic beverage shall have the definition contained in the Texas Alcoholic Beverage Code, as amended. (Ordinance 194)

.03

post offices,

.04

retail trade,

06:02 - USES EXPRESSLY NOT PERMITTED:

In Office Building District "B" no land, building or premises shall be used, and no building or part thereof, shall be erected, constructed, enlarged, altered, arranged or designed to be used, in whole or in part, for one or more of the following uses:

.01

Storage, handling, processing or manufacturing of any material which is dangerous by reason of explosive, inflammable, radioactive, or other dangerous qualities;

.02

Manufacturing, commercial or industrial activity which is harmful to adjoining residents or property by reason of the emission of or creation of odors, dust, fumes, gas, smoke, noise or air-borne particles that may be harmful to life, health or property;

.03

Storage, processing or dealing in scrap iron, junk, scrap paper, rags or automobile wrecking yards;

.04

Multi-family dwellings, hotels or motels.

06:03 - BUILDING RESTRICTIONS:

The following building restriction regulations shall be complied with in the erection of any building or structure (except residential, which shall be governed by the provisions for Dwelling District "A") in Office Building District "B":

06:03.01 - Buffer Zone:

There is hereby established a Buffer Zone between developments in Office Building District "B" and Dwelling District "A", said zone to meet the requirements of being an eighty-(80-) foot building set back from the Office Building District "B" common line with Dwelling District "A" to the nearest wail or structure in District "B"; provided, however, there is no construction whatever, except a fence on the property line, in a contiguous fifty (50) of the eighty (80) feet Buffer bordering the common line between Office Building District "B" and Dwelling District "A". Said fifty (50) feet shall remain in its natural state with no parking or storage of any kind.

06:03.02 - Height Regulations:

No building, including anything attached thereto, or anything constructed for use in conjunction therewith, and no other structure or device of any sort shall exceed the following requirements:

.01

No building shall exceed fifty-four (54) feet in height.

.02

If any lot abuts Dwelling District "A" the building height, starting at the eighty-(80-) foot building line, shall be a maximum of forty (40) feet, provided, however, for every two (2) feet horizontally from the building line adjacent to Dwelling District "A" the height may increase one (1) foot until a maximum of fifty-four (54) feet not to exceed four (4) stories above finished grade is reached.

.03

Appurtenances such as antennae, water cooling towers and mechanical equipment enclosures shall not exceed ten (10) feet in height above the roof. such ten (10) feet may be in addition to the fifty-four (54) foot building height, and no closer than ten (10) feet to the building's external wall, provided, however, additional height may be used for elevator equipment. Mechanical equipment shall not cover more than twenty (20) percent of the roof area and architectural screens shall be provided for such equipment in a height equal to the top height of such equipment.

06:03.03 - Area Regulations:

No building or structure designed or arranged to be used for, or in connection with, any Office Building use shall be erected in Office Building District "B" except as follows:

.01

Building Lines: Except as provided in paragraph C.-1. herein all buildings, including but not limited to, office buildings, garages, or accessory buildings, shall have building line Set backs from the tract or Lot lines at least thirty (30) feet from the tract, Lot, property lines or street lines, provided further, that a building that fronts on a Major-Thoroughfare shall be Set back a minimum of forty (40) feet from such street and a building that fronts on I-10 or a public access road adjacent to I-10 shall be Set back a minimum of fifty (50) feet from such street. (Ordinance 2011-05 adopted 2-15-11)

.02

Land Coverage: Building construction shall not exceed seventy-five (75) percent of the total Lot area. Said construction includes buildings, parking lots, parking garages and streets.

.03

Gross Building Area to Land Area: Each Office Building shall not exceed sixty-four hundredths (.64) square foot of Gross Building Area to each one (1) square foot of the Lot Area.

06:03.04 - Reserved.

(Ordinance 2006-29 adopted 11-14-06)

06:03.05 - Outdoor Lighting:

All outdoor lighting shall be located, screened or shielded so that adjacent residential Lots or structures are not directly illuminated. Any parking garage that is less than one hundred sixty (160) feet from an occupied Dwelling District shall be screened on the side that faces the Dwelling District.

06:03.06 - Traffic:

Within the meaning of the Subdivision Ordinance, no development shall be approved in Office Building District "B" until the applicant has submitted a traffic impact analysis to the Planning and Zoning Commission. Such analysis shall also be submitted to City Council for review. This analysis shall not be determinative as to the issuance or non-issuance of a building permit but shall be considered for purposes of future planning and zoning restrictions. The traffic impact analysis shall include a projection of traffic generated by the proposed use, existing capacity of roadways likely to be used for ingress and egress to the proposed development, the impact of the anticipated traffic from the proposed development on those roadways, and a description of all public improvements necessary to maintain service on all arteries likely to be used for ingress or egress to the proposed development and the cost of those improvements.

06:03.07 - Conflicts:

Buildings or structures erected in Office Building District "B" shall conform to the subdivision regulations set out in the Subdivision Ordinance as relating to commercial, business and/or industrial uses, provided, however, where a conflict exists between the requirements of this Comprehensive Zoning Ordinance and the Subdivision Ordinance, this Comprehensive Zoning Ordinance shall take precedence.

06:03.08

If any Dwelling District "A" use is located in Office Building District "B", such use shall be limited and restricted by those building restrictions which apply in Dwelling District "A".

06:03.09 - Fences:

A free-standing wood or masonry fence or wall, not less than eight (8) feet in height at all points, shall be erected along the entire property line bordering District "A". Such wall shall be properly maintained by the owners in the Office Building District "B" at all times and built to the following specifications:

.01

The specifications herein provided cover the minimum requirements for the construction of free-standing walls or fences. A free-standing masonry or wooden wall or fence as governed by this Ordinance is any masonry or wooden structure having no lateral support other than its foundation.

.02

A free-standing masonry wall or fence shall be of solid masonry brick or structural grade hollow masonry units.

.03

A free-standing wooden wall or fence shall be constructed with a support structure of rot-proof treated or preserved materials. The wall or fence facing shall, as the minimum, be constructed with rot-resistant materials. No wooden fence or wall having horizontal boards or planks or in a basket weave pattern shall be permitted.

.04

The quality and type of materials used structurally in the excavation footings and foundations shall conform with those specified in the Building Code which apply to such foundation materials used in residential construction within the City of Spring Valley.

.05

Any person, persons, firms or corporations causing an excavation to be made on property adjacent to an existing wall or fence shall protect the excavation in such a manner so that the soil of the adjacent property will not cave in or settle causing damage to the existing wall or fence.

.06

Fences or walls shall be maintained to remain harmonious with the surrounding property by being repaired, rebuilt or replaced at intervals necessary to preserve the health, safety and welfare of the public. Notification of necessary maintenance will be by certified mail from the City Secretary to such property owners responsible for the maintenance of the walls or fences constructed upon building tracts within Office Building District "B".

.07

In the event such free-standing walls or fences are not repaired, rebuilt or replaced within sixty (60) days after receipt of said notification by certified mail that certain maintenance is deemed necessary for the health, safety and welfare of the public, such penalties for violation shall be enforced as per this Comprehensive Zoning Ordinance or other legal recourse.

.08

Plans and specifications for all fences and/or walls as covered by this Section shall be submitted to the Office of the Building Official for the issuance of a building permit as set out in Section One herein.

.09

A minimum fee is set out in the fee schedule, relating to this Ordinance shall be charged to cover the cost of two (2) inspections of each installation. The first inspection shall be prior to the pouring of the foundation, the second inspection shall be made at some point during or at the completion of the construction project. If failure to conform to minimum specifications causes additional inspections to be required, an additional fee as set out in the fee schedule shall be charged for each additional inspection.

06:03.10

No building or structure, designed, expanded or arranged to be used for, or in connection with, a commercial use shall be created or expanded upon any tract of land situated in Office Building District "B" and directly adjoining Dwelling District "A", and no building, or structure, now presently qualifying under the non-conforming uses set forth in this Ordinance shall be expanded, until and unless the minimum requirements or a free-standing wood or masonry fence or wall being not less than eight (8) feet in height at all points shall have been erected along the entire property line between the lot of land upon which such building and structure is to be erected or expanded and such Dwelling District "A".

06:04 - RESERVED

[3]

Footnotes:
--- (3) ---

Editor's note— Ord. No. 2008-01, § 1, adopted January 15, 2008, repealed section 06:04 in its entirety, which pertained to non-conforming uses in office building district "B". See the Code Comparative Table for a complete derivation.


06:05.01 - Enforcement:

All of the above provisions are enforceable through those criminal and civil procedures set forth in Section Two.

06:05.02 - Definitions:

Reference to Section Three should be made for the definition of certain terms used in the above provisions and the definition as set out in Section Three shall be controlling.