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Vinton City Zoning Code

CHAPTER 7

Site Development

Sec. 7.01.01 Applicability

  • All new and complying development shall provide the parking spaces required by this Subchapter and comply with all other provisions of this Subchapter.
  • Expansions to existing development and changes in use of existing buildings that require additional parking shall provide parking to the extent of the new demand created by the expansion or change in use, as set out in Sec. 10.02.01, Nonconforming Uses;
    1. The number of parking spaces may be reduced if the land use or floor area of a use is reduced and requires fewer parking spaces; and
    2. When a building is expanded or a land use is changed and increases the number of off-street parking spaces required:
      1. The number of such spaces shall be increased in proportion to incremental size of the expansion; and
      2. Only the expanded portion of the off-street parking area shall be required to comply with the provisions of this Subchapter.
  • Building permits and Certificates of Occupancy are not required for a change of use, interior remodeling, or structural alteration of a structure that containing a legally noncomplying off-street parking area provided that the alternations or new use do not result in the need to provide additional off-street parking spaces.
  • Effective on: 1/1/1901

    Sec. 7.01.02 Computing Parking

  • Calculations. Required off-street parking is calculated using the formulas set out in this Section.
  • Variables for Calculating Required Parking. The variables used for off-street parking calculations are measured as follows:
    1. Per Square Foot (sf.) of Parking Floor Area (PFA). The phrase "Per sf. of PFA" means required parking is calculated based on the number of "parking-related" square feet of floor area in use and "under roof" square foot area of the building footprint, minus areas of the building not dedicated to the primary or accessory uses of the building. Typically, PFA is approximately 85 percent of the gross floor area of the building footprint under roof. If the PFA is < 85 percent, detailed calculations from the building floor plan shall be provided.
    2. Per Dwelling Unit (DU) or Per Bedroom (BR). The phrase "per '#' DU" means that the number of parking spaces is calculated based on the number of dwelling units. In some cases, the parking requirements are based on the number of bedrooms (per "#" BR unit) in the dwelling units.
    3. Per Bed. The phrase "per bed" means that the number of parking spaces is based on the number of beds in the facility instead of the number of sleeping rooms or some other measure. Per bed calculations are normally applied to uses that offer residential care or overnight accommodations with shared rooms.
    4. Per Employee. The phrase "per employee" is calculated based on the shift where the maximum number of employees are present.
    5. Per Seat Capacity. The phrase "per seat" means that the number of parking spaces is based on the number of seats that are provided for guests (patrons, members, etc.), with benches or pews measured as one seat per each two feet of width.
    6. Per Square Feet (sf.) of Assembly Area. The phrase "per sf. of assembly area" means that the number of parking spaces is based on the number of square feet in the largest room used for assembly (e.g., at a school, this is often a gymnasium, but it could also be a theater or a lunch room).
    7. Special Studies Required. There are certain uses, such as, but limited to, schools, parks, and hospitals, where the required number of parking spaces is dependent upon the specific details of the proposed use and how those uses are conducted and that do not lend themselves to formulas.  The applicant and the Village each have an interest in providing the right amount of parking, but not an excessive of parking. As such, for those uses where a Special Study is required, the applicant shall utilize the processes set out in Sec. 7.01.06, Special Studies.
    8. Others. Other variables are measured according to their common meanings.
  • Rounding. If the final calculation of the number of required parking spaces includes a fractional space, the number of required parking spaces is rounded up to the nearest whole number, regardless of the fraction.
  • Multiple Mixed-use or Nonresidential Uses. If several mixed-use or nonresidential uses occupy a single parcel or building, the off-street parking and loading requirements shall be the cumulative total for all uses, or as set out in this Subsection, unless other provisions of this Subchapter, such as, but not limited to, shared parking or parking requirements, allow a lesser number.
  • Effective on: 1/1/1901

    Sec. 7.01.03 Off-Street Parking and Loading

  • Required Parking. The parking spaces required for individual uses are provided in each of the tables set out below.
  • Table 7.01.03.1

    Residential Parking Requirements

    Use Required Off-Street Parking Spaces
    Residential Uses (Housing Types)
    - Industrialized Housing 2 spaces per du.
    - Single-Family Attached / Detached 2 spaces per du.
    - Manufactured Home 2 spaces per du.
    - Duplex / Triplex / Townhome 2 spaces per du.
    -Apartment 1.5 spaces for efficiency unit and 1 BR; 2 spaces per du for 2 BR plus
    Special Neighborhood Types
    Manufactured Home Park Individual spaces as set out above + 2 visitor spaces per each 5 manufactured home spaces
    Recreational Vehicle (RV) Park 1 space per RV pad (not including RV space) + 2 visitor spaces per each 5 RV spaces

    Table 7.01.03.1

    Residential Parking Requirements

    Use Required Off-Street Parking Spaces
    Residential Uses (Housing Types)
    - Industrialized Housing 2 spaces per du.
    - Single-Family Attached / Detached 2 spaces per du.
    - Manufactured Home 2 spaces per du.
    - Duplex / Triplex / Townhome 2 spaces per du.
    -Apartment 1.5 spaces for efficiency unit and 1 BR; 2 spaces per du for 2 BR plus
    Special Neighborhood Types
    Manufactured Home Park Individual spaces as set out above + 2 visitor spaces per each 5 manufactured home spaces
    Recreational Vehicle (RV) Park 1 space per RV pad (not including RV space) + 2 visitor spaces per each 5 RV spaces

    Table 7.01.03.1

    Residential Parking Requirements

    Use Required Off-Street Parking Spaces
    Residential Uses (Housing Types)
    - Industrialized Housing 2 spaces per du.
    - Single-Family Attached / Detached 2 spaces per du.
    - Manufactured Home 2 spaces per du.
    - Duplex / Triplex / Townhome 2 spaces per du.
    -Apartment 1.5 spaces for efficiency unit and 1 BR; 2 spaces per du for 2 BR plus
    Special Neighborhood Types
    Manufactured Home Park Individual spaces as set out above + 2 visitor spaces per each 5 manufactured home spaces
    Recreational Vehicle (RV) Park 1 space per RV pad (not including RV space) + 2 visitor spaces per each 5 RV spaces

    Table 7.01.03.1

    Residential Parking Requirements

    Use Required Off-Street Parking Spaces
    Residential Uses (Housing Types)
    - Industrialized Housing 2 spaces per du.
    - Single-Family Attached / Detached 2 spaces per du.
    - Manufactured Home 2 spaces per du.
    - Duplex / Triplex / Townhome 2 spaces per du.
    -Apartment 1.5 spaces for efficiency unit and 1 BR; 2 spaces per du for 2 BR plus
    Special Neighborhood Types
    Manufactured Home Park Individual spaces as set out above + 2 visitor spaces per each 5 manufactured home spaces
    Recreational Vehicle (RV) Park 1 space per RV pad (not including RV space) + 2 visitor spaces per each 5 RV spaces

    Table 7.01.03.2

    Institutional and Recreation Parking Requirements

    Use

    Required Off-Street Parking Spaces
    Institutional Uses
    Assisted Living Facility 1 space per 3 du's; if not configured as individual du's; 1 space per each employee + 1 space for each 4 beds
    Child Care Facility, Day-Care 1 space per 300 sf. PFA
    Hospitals Special Study. See Sec. 7.01.06Special Study.
    Medical Office / Clinic / Medical Lab 1 space per 250 sf. PFA
    Nursing / Convalescent Home 1 space per 3 beds + 1 space per 2 employees on the largest shift

    Place of Public Assembly

    1 space per 200 sf. PFA
    Schools, Private / Public Special Study. See Sec. 7.01.06Special Study.
    Recreation and Amusement Uses
    Commercial Amusement, Indoor 6 spaces per 1,000 sf. PFA
    Commercial Amusement, Outdoor Special Study. See Sec. 7.01.06Special Study.
    Recreation and Fitness, Indoor 1 space per 300 sf. PFA
    Recreation and Fitness, Outdoor Greater of: 1 space per each 5 persons seat capacity + 1 space per each 4 seats; or 1 space per each 30 sf. PFA

    Table 7.01.03.2

    Institutional and Recreation Parking Requirements

    Use

    Required Off-Street Parking Spaces
    Institutional Uses
    Assisted Living Facility 1 space per 3 du's; if not configured as individual du's; 1 space per each employee + 1 space for each 4 beds
    Child Care Facility, Day-Care 1 space per 300 sf. PFA
    Hospitals Special Study. See Sec. 7.01.06Special Study.
    Medical Office / Clinic / Medical Lab 1 space per 250 sf. PFA
    Nursing / Convalescent Home 1 space per 3 beds + 1 space per 2 employees on the largest shift

    Place of Public Assembly

    1 space per 200 sf. PFA
    Schools, Private / Public Special Study. See Sec. 7.01.06Special Study.
    Recreation and Amusement Uses
    Commercial Amusement, Indoor 6 spaces per 1,000 sf. PFA
    Commercial Amusement, Outdoor Special Study. See Sec. 7.01.06Special Study.
    Recreation and Fitness, Indoor 1 space per 300 sf. PFA
    Recreation and Fitness, Outdoor Greater of: 1 space per each 5 persons seat capacity + 1 space per each 4 seats; or 1 space per each 30 sf. PFA

    Table 7.01.03.2

    Institutional and Recreation Parking Requirements

    Use

    Required Off-Street Parking Spaces
    Institutional Uses
    Assisted Living Facility 1 space per 3 du's; if not configured as individual du's; 1 space per each employee + 1 space for each 4 beds
    Child Care Facility, Day-Care 1 space per 300 sf. PFA
    Hospitals Special Study. See Sec. 7.01.06Special Study.
    Medical Office / Clinic / Medical Lab 1 space per 250 sf. PFA
    Nursing / Convalescent Home 1 space per 3 beds + 1 space per 2 employees on the largest shift

    Place of Public Assembly

    1 space per 200 sf. PFA
    Schools, Private / Public Special Study. See Sec. 7.01.06Special Study.
    Recreation and Amusement Uses
    Commercial Amusement, Indoor 6 spaces per 1,000 sf. PFA
    Commercial Amusement, Outdoor Special Study. See Sec. 7.01.06Special Study.
    Recreation and Fitness, Indoor 1 space per 300 sf. PFA
    Recreation and Fitness, Outdoor Greater of: 1 space per each 5 persons seat capacity + 1 space per each 4 seats; or 1 space per each 30 sf. PFA

    Table 7.01.03.2

    Institutional and Recreation Parking Requirements

    Use

    Required Off-Street Parking Spaces
    Institutional Uses
    Assisted Living Facility 1 space per 3 du's; if not configured as individual du's; 1 space per each employee + 1 space for each 4 beds
    Child Care Facility, Day-Care 1 space per 300 sf. PFA
    Hospitals Special Study. See Sec. 7.01.06Special Study.
    Medical Office / Clinic / Medical Lab 1 space per 250 sf. PFA
    Nursing / Convalescent Home 1 space per 3 beds + 1 space per 2 employees on the largest shift

    Place of Public Assembly

    1 space per 200 sf. PFA
    Schools, Private / Public Special Study. See Sec. 7.01.06Special Study.
    Recreation and Amusement Uses
    Commercial Amusement, Indoor 6 spaces per 1,000 sf. PFA
    Commercial Amusement, Outdoor Special Study. See Sec. 7.01.06Special Study.
    Recreation and Fitness, Indoor 1 space per 300 sf. PFA
    Recreation and Fitness, Outdoor Greater of: 1 space per each 5 persons seat capacity + 1 space per each 4 seats; or 1 space per each 30 sf. PFA

    Table 7.01.03.3

    Commercial Parking Requirements

    Use Required Off-Street Parking Spaces
    Commercial Uses
    Alcohol Beverage Sales On-site consumption: 1 space per 75 sf. PFA. Off-site consumption: 1 space per 300 sf. PFA
    Animal Grooming Facilities 1 space per 400 sf. PFA
    Animal Boarding or Veterinarian Services, Small Animal 1 space per 250 sf. PFA
    Drive-In, Drive-Through Facility 1 space per 75 sf. PFA (Regulation pertains to uses where a drive-through /drive-in is the primary use, not an accessory use).
    Retail / Home Center 1 space per 250 sf. PFA + 1 space per 1,000 sf. outdoor sales and display area
    Mixed-Use Minimum 3 spaces
    Nursery / Greenhouse, Retail 1 space per 300 sf. PFA of office or sales floor area + 1 space per 5,000 sf. of outdoor nursery area
    Nursery / Wholesale 1 space per 300 sf. PFA. of office / indoor sales area + 1 space per 5,000 sf. of outdoor sales area
    Office, General 1 space per 300 sf. PFA
    Overnight Accommodations (hotels, motels) 1 space per guest room + 1 space per 300 sf. PFA of meeting rooms, ballrooms, administrative offices, and areas used for self-service breakfast for guests only + 75% of parking requirements for integrated restaurants and bars that are open to the public
    Pawn Shop 1 space per 200 sf. PFA
    Restaurant 1 space per each 200 sf. PFA; or 1 space per each 4 seats; whichever is greater
    Sexually-Oriented Business Greater of: 4 spaces per 5 seats; or 1 space per 250 sf. of PFA
    Vehicle Gas or Fueling Station 1 space per 250 sf. PFA (May count pump island stacking spaces)
    Vehicle Sales, Rental, and Service 1 space per employee on maximum shift + 3 spaces per service bay or fueling stall + 1 space per 125 sf. PFA of convenience store floor area
    Wholesale 1 space per employee + 1 space per business vehicle parked on-site + 2 spaces for customer parking

    Table 7.01.03.3

    Commercial Parking Requirements

    Use Required Off-Street Parking Spaces
    Commercial Uses
    Alcohol Beverage Sales On-site consumption: 1 space per 75 sf. PFA. Off-site consumption: 1 space per 300 sf. PFA
    Animal Grooming Facilities 1 space per 400 sf. PFA
    Animal Boarding or Veterinarian Services, Small Animal 1 space per 250 sf. PFA
    Drive-In, Drive-Through Facility 1 space per 75 sf. PFA (Regulation pertains to uses where a drive-through /drive-in is the primary use, not an accessory use).
    Retail / Home Center 1 space per 250 sf. PFA + 1 space per 1,000 sf. outdoor sales and display area
    Mixed-Use Minimum 3 spaces
    Nursery / Greenhouse, Retail 1 space per 300 sf. PFA of office or sales floor area + 1 space per 5,000 sf. of outdoor nursery area
    Nursery / Wholesale 1 space per 300 sf. PFA. of office / indoor sales area + 1 space per 5,000 sf. of outdoor sales area
    Office, General 1 space per 300 sf. PFA
    Overnight Accommodations (hotels, motels) 1 space per guest room + 1 space per 300 sf. PFA of meeting rooms, ballrooms, administrative offices, and areas used for self-service breakfast for guests only + 75% of parking requirements for integrated restaurants and bars that are open to the public
    Pawn Shop 1 space per 200 sf. PFA
    Restaurant 1 space per each 200 sf. PFA; or 1 space per each 4 seats; whichever is greater
    Sexually-Oriented Business Greater of: 4 spaces per 5 seats; or 1 space per 250 sf. of PFA
    Vehicle Gas or Fueling Station 1 space per 250 sf. PFA (May count pump island stacking spaces)
    Vehicle Sales, Rental, and Service 1 space per employee on maximum shift + 3 spaces per service bay or fueling stall + 1 space per 125 sf. PFA of convenience store floor area
    Wholesale 1 space per employee + 1 space per business vehicle parked on-site + 2 spaces for customer parking

    Table 7.01.03.3

    Commercial Parking Requirements

    Use Required Off-Street Parking Spaces
    Commercial Uses
    Alcohol Beverage Sales On-site consumption: 1 space per 75 sf. PFA. Off-site consumption: 1 space per 300 sf. PFA
    Animal Grooming Facilities 1 space per 400 sf. PFA
    Animal Boarding or Veterinarian Services, Small Animal 1 space per 250 sf. PFA
    Drive-In, Drive-Through Facility 1 space per 75 sf. PFA (Regulation pertains to uses where a drive-through /drive-in is the primary use, not an accessory use).
    Retail / Home Center 1 space per 250 sf. PFA + 1 space per 1,000 sf. outdoor sales and display area
    Mixed-Use Minimum 3 spaces
    Nursery / Greenhouse, Retail 1 space per 300 sf. PFA of office or sales floor area + 1 space per 5,000 sf. of outdoor nursery area
    Nursery / Wholesale 1 space per 300 sf. PFA. of office / indoor sales area + 1 space per 5,000 sf. of outdoor sales area
    Office, General 1 space per 300 sf. PFA
    Overnight Accommodations (hotels, motels) 1 space per guest room + 1 space per 300 sf. PFA of meeting rooms, ballrooms, administrative offices, and areas used for self-service breakfast for guests only + 75% of parking requirements for integrated restaurants and bars that are open to the public
    Pawn Shop 1 space per 200 sf. PFA
    Restaurant 1 space per each 200 sf. PFA; or 1 space per each 4 seats; whichever is greater
    Sexually-Oriented Business Greater of: 4 spaces per 5 seats; or 1 space per 250 sf. of PFA
    Vehicle Gas or Fueling Station 1 space per 250 sf. PFA (May count pump island stacking spaces)
    Vehicle Sales, Rental, and Service 1 space per employee on maximum shift + 3 spaces per service bay or fueling stall + 1 space per 125 sf. PFA of convenience store floor area
    Wholesale 1 space per employee + 1 space per business vehicle parked on-site + 2 spaces for customer parking

    Table 7.01.03.3

    Commercial Parking Requirements

    Use Required Off-Street Parking Spaces
    Commercial Uses
    Alcohol Beverage Sales On-site consumption: 1 space per 75 sf. PFA. Off-site consumption: 1 space per 300 sf. PFA
    Animal Grooming Facilities 1 space per 400 sf. PFA
    Animal Boarding or Veterinarian Services, Small Animal 1 space per 250 sf. PFA
    Drive-In, Drive-Through Facility 1 space per 75 sf. PFA (Regulation pertains to uses where a drive-through /drive-in is the primary use, not an accessory use).
    Retail / Home Center 1 space per 250 sf. PFA + 1 space per 1,000 sf. outdoor sales and display area
    Mixed-Use Minimum 3 spaces
    Nursery / Greenhouse, Retail 1 space per 300 sf. PFA of office or sales floor area + 1 space per 5,000 sf. of outdoor nursery area
    Nursery / Wholesale 1 space per 300 sf. PFA. of office / indoor sales area + 1 space per 5,000 sf. of outdoor sales area
    Office, General 1 space per 300 sf. PFA
    Overnight Accommodations (hotels, motels) 1 space per guest room + 1 space per 300 sf. PFA of meeting rooms, ballrooms, administrative offices, and areas used for self-service breakfast for guests only + 75% of parking requirements for integrated restaurants and bars that are open to the public
    Pawn Shop 1 space per 200 sf. PFA
    Restaurant 1 space per each 200 sf. PFA; or 1 space per each 4 seats; whichever is greater
    Sexually-Oriented Business Greater of: 4 spaces per 5 seats; or 1 space per 250 sf. of PFA
    Vehicle Gas or Fueling Station 1 space per 250 sf. PFA (May count pump island stacking spaces)
    Vehicle Sales, Rental, and Service 1 space per employee on maximum shift + 3 spaces per service bay or fueling stall + 1 space per 125 sf. PFA of convenience store floor area
    Wholesale 1 space per employee + 1 space per business vehicle parked on-site + 2 spaces for customer parking

    Table 7.01.03.4

    Industrial Parking Requirements

    Use Required Off-Street Parking Spaces
    Industrial
    Heavy Industry Special Study. See Sec. 7.01.06Special Study.
    Light Industry 1 space per 400 sf. PFA
    Mining / Extraction 1 space per employee on the largest shift
    Oil / Gas Operations 1 space per employee on the largest shift
    Storage, Self 1 space per 25 storage units + 1 space per 300 sf. of office space
    Warehousing and Logistics 4 spaces per 5,000 sf. of PFA + 1 space over each additional 5,000 sf. PFA

    Table 7.01.03.4

    Industrial Parking Requirements

    Use Required Off-Street Parking Spaces
    Industrial
    Heavy Industry Special Study. See Sec. 7.01.06Special Study.
    Light Industry 1 space per 400 sf. PFA
    Mining / Extraction 1 space per employee on the largest shift
    Oil / Gas Operations 1 space per employee on the largest shift
    Storage, Self 1 space per 25 storage units + 1 space per 300 sf. of office space
    Warehousing and Logistics 4 spaces per 5,000 sf. of PFA + 1 space over each additional 5,000 sf. PFA

    Table 7.01.03.4

    Industrial Parking Requirements

    Use Required Off-Street Parking Spaces
    Industrial
    Heavy Industry Special Study. See Sec. 7.01.06Special Study.
    Light Industry 1 space per 400 sf. PFA
    Mining / Extraction 1 space per employee on the largest shift
    Oil / Gas Operations 1 space per employee on the largest shift
    Storage, Self 1 space per 25 storage units + 1 space per 300 sf. of office space
    Warehousing and Logistics 4 spaces per 5,000 sf. of PFA + 1 space over each additional 5,000 sf. PFA

    Table 7.01.03.4

    Industrial Parking Requirements

    Use Required Off-Street Parking Spaces
    Industrial
    Heavy Industry Special Study. See Sec. 7.01.06Special Study.
    Light Industry 1 space per 400 sf. PFA
    Mining / Extraction 1 space per employee on the largest shift
    Oil / Gas Operations 1 space per employee on the largest shift
    Storage, Self 1 space per 25 storage units + 1 space per 300 sf. of office space
    Warehousing and Logistics 4 spaces per 5,000 sf. of PFA + 1 space over each additional 5,000 sf. PFA
    1. Required Disabled Parking. As set out in Sec. 7.01.05, ADA Parking, the Building Code and American with Disabilities Act (ADA), require parking for disabled persons. The required disabled parking spaces shall be incorporated into, rather than in addition to, the overall number of parking spaces required by this Section.
    2. Required Loading Spaces. Where loading spaces are required, as set out in Table Sec. 7.01.03.05, Required Loading Spaces, each space shall be:
      1. Be dimensioned as set out in Sec. 7.01.04, Design and Use, Subsection D., Loading Space Design and Markings;
      2. Alternate loading dimensions may be considered during site plan review to satisfy the loading and truck maneuvering needs of the use; and
      3. Parking and loading areas shall not blocking driving aisles, off-street parking spaces, fire lanes, driveways, ingress or egress ways, or interfere with the public right-of-way.
      4. Exceptions. All buildings and uses less than 10,000 square feet are not required to provide a loading space. However, all uses are required a space with appropriate dimensions to accommodate at-grade deliveries from trucks that typically deliver supplies, packages, and other items to uses in a manner that will comply with the requirements of Subsection C.2., above, without blocking access public or emergency access throughout a development or interfering with a public or private right-of-way. For apartment complexes or similar uses where deliveries are generally made to a central location, the loading area needs to be large enough to accommodate a typical package delivery vehicle. 
    3. Uses Not Listed. The Planning and Zoning Commission shall determine the parking requirements for uses that are not listed based on the uses that are most similar to the proposed uses or based on parking studies of similar uses that are provided by the applicant and certified by a qualified transportation planner or professional engineer (see Sec. 7.01.06, Special Studies).

    Table 7.01.03.5

    Required Loading Spaces

    Gross Floor Area (square feet) Minimum Loading Spaces
    <20,000 sf. 0
    20,001 sf. to 40,000 sf. 1
    Over 40,001 sf. to 60,000 sf. 2
    Each additional 60,000 sf. over 60,000 sf. 1 additional

    Table 7.01.03.5

    Required Loading Spaces

    Gross Floor Area (square feet) Minimum Loading Spaces
    <20,000 sf. 0
    20,001 sf. to 40,000 sf. 1
    Over 40,001 sf. to 60,000 sf. 2
    Each additional 60,000 sf. over 60,000 sf. 1 additional

    Table 7.01.03.5

    Required Loading Spaces

    Gross Floor Area (square feet) Minimum Loading Spaces
    <20,000 sf. 0
    20,001 sf. to 40,000 sf. 1
    Over 40,001 sf. to 60,000 sf. 2
    Each additional 60,000 sf. over 60,000 sf. 1 additional

    Table 7.01.03.5

    Required Loading Spaces

    Gross Floor Area (square feet) Minimum Loading Spaces
    <20,000 sf. 0
    20,001 sf. to 40,000 sf. 1
    Over 40,001 sf. to 60,000 sf. 2
    Each additional 60,000 sf. over 60,000 sf. 1 additional

    Effective on: 1/1/1901

    Sec. 7.01.04 Design and Use

  • Location.
    1. Generally. All off-street parking and loading spaces shall be located on the same, or contiguous, lot located in the same zoning district as the use or building to be served, to provide the total number of required off-street parking / loading spaces.
    2. Parking Setback. On-site off-street parking shall be set back behind any required bufferyard and development landscaping requirement, as set out in Sec. 7.02.06, Bufferyards, Sec. 7.02.03, General Requirements, and Sec. 7.02.04, Development Landscaping. In no case shall a parking setback be less than five feet. Vehicles may not overhang into the required minimum parking setback.
    1. Dimensions of Standard Parking Spaces. Parking spaces shall have the following dimensions.
      1. Stalls. Spaces shall be 180 square feet in area but may be reduced to 9 x 18 feet for up to 25 percent of required spaces. Parallel spaces shall be 9 x 20 feet.
      2. Clearance. All parking spaces shall have a minimum vertical clearance of eight feet.  Low clearance bars are required in parking lots with low clearance areas.
      3. Markings. Parking spaces and handicap accessible spaces designed in accordance with all ADA and Building Code requirements shall be clearly marked.
      4. Parking Module Design. Table 7.01.04.1, Parking Module Standards, sets out minimum standards for parking space depth, parking aisles, and combined parking aisle / stall modules. Figure 7.01.04.1 and Figure 701.04. show single and double row parking modules that illustrate the parking module standards.

    Table 7.01.04.1

    Parking Module Standards

    Dimension One-Way Parallel Space Angle (degrees)
    30 45 60 90
    Single Row of Parking
    Stall depth 9' 18' 21' 22' 18' or 20'
    Parking aisle 12' 12' 13' 18' 24'
    Minimum width of module (stall depth & aisle) 21' 30' 34' 40' 40 ' or 44'
    Two Rows of Parking
    Stall depth 18' 36' 42' 44' 40' or 44'
    Parking aisle 12' 12' 13' 18' 24'
    Minimum width of module (stall depth & aisle) 30' 48' 55' 62' 60' or 64'

    Table 7.01.04.1

    Parking Module Standards

    Dimension One-Way Parallel Space Angle (degrees)
    30 45 60 90
    Single Row of Parking
    Stall depth 9' 18' 21' 22' 18' or 20'
    Parking aisle 12' 12' 13' 18' 24'
    Minimum width of module (stall depth & aisle) 21' 30' 34' 40' 40 ' or 44'
    Two Rows of Parking
    Stall depth 18' 36' 42' 44' 40' or 44'
    Parking aisle 12' 12' 13' 18' 24'
    Minimum width of module (stall depth & aisle) 30' 48' 55' 62' 60' or 64'

    Table 7.01.04.1

    Parking Module Standards

    Dimension One-Way Parallel Space Angle (degrees)
    30 45 60 90
    Single Row of Parking
    Stall depth 9' 18' 21' 22' 18' or 20'
    Parking aisle 12' 12' 13' 18' 24'
    Minimum width of module (stall depth & aisle) 21' 30' 34' 40' 40 ' or 44'
    Two Rows of Parking
    Stall depth 18' 36' 42' 44' 40' or 44'
    Parking aisle 12' 12' 13' 18' 24'
    Minimum width of module (stall depth & aisle) 30' 48' 55' 62' 60' or 64'

    Table 7.01.04.1

    Parking Module Standards

    Dimension One-Way Parallel Space Angle (degrees)
    30 45 60 90
    Single Row of Parking
    Stall depth 9' 18' 21' 22' 18' or 20'
    Parking aisle 12' 12' 13' 18' 24'
    Minimum width of module (stall depth & aisle) 21' 30' 34' 40' 40 ' or 44'
    Two Rows of Parking
    Stall depth 18' 36' 42' 44' 40' or 44'
    Parking aisle 12' 12' 13' 18' 24'
    Minimum width of module (stall depth & aisle) 30' 48' 55' 62' 60' or 64'

    Figure 7.01.04.1

    Parking Module Standards: Single Parking Row and Aisle

    Dimension One-Way Parallel Space Angle (degrees)
    30 45 60 90
    Stall depth 9' 18' 21' 22' 18' or 20'
    Parking aisle 12' 12' 13' 18' 24'
    Minimum width of module (stall depth & aisle) 21' 30' 34' 40' 40 ' or 44'

    Figure 7.01.04.1

    Parking Module Standards: Single Parking Row and Aisle

    Dimension One-Way Parallel Space Angle (degrees)
    30 45 60 90
    Stall depth 9' 18' 21' 22' 18' or 20'
    Parking aisle 12' 12' 13' 18' 24'
    Minimum width of module (stall depth & aisle) 21' 30' 34' 40' 40 ' or 44'

    Figure 7.01.04.1

    Parking Module Standards: Single Parking Row and Aisle

    Dimension One-Way Parallel Space Angle (degrees)
    30 45 60 90
    Stall depth 9' 18' 21' 22' 18' or 20'
    Parking aisle 12' 12' 13' 18' 24'
    Minimum width of module (stall depth & aisle) 21' 30' 34' 40' 40 ' or 44'

    Figure 7.01.04.1

    Parking Module Standards: Single Parking Row and Aisle

    Dimension One-Way Parallel Space Angle (degrees)
    30 45 60 90
    Stall depth 9' 18' 21' 22' 18' or 20'
    Parking aisle 12' 12' 13' 18' 24'
    Minimum width of module (stall depth & aisle) 21' 30' 34' 40' 40 ' or 44'

    Figure 7.01.04.2

    Parking Module Standards: Double Parking Row and Aisle

    Dimension One-Way Parallel Space Angle (degrees)
    30 45 60 90
    Stall depth 18' 36' 42' 44' 40' or 44'
    Parking aisle 12' 12' 13' 18' 24'
    Minimum width of module (stall depth & aisle) 30' 48' 55' 62' 60' or 64'

    Figure 7.01.04.2

    Parking Module Standards: Double Parking Row and Aisle

    Dimension One-Way Parallel Space Angle (degrees)
    30 45 60 90
    Stall depth 18' 36' 42' 44' 40' or 44'
    Parking aisle 12' 12' 13' 18' 24'
    Minimum width of module (stall depth & aisle) 30' 48' 55' 62' 60' or 64'

    Figure 7.01.04.2

    Parking Module Standards: Double Parking Row and Aisle

    Dimension One-Way Parallel Space Angle (degrees)
    30 45 60 90
    Stall depth 18' 36' 42' 44' 40' or 44'
    Parking aisle 12' 12' 13' 18' 24'
    Minimum width of module (stall depth & aisle) 30' 48' 55' 62' 60' or 64'

    Figure 7.01.04.2

    Parking Module Standards: Double Parking Row and Aisle

    Dimension One-Way Parallel Space Angle (degrees)
    30 45 60 90
    Stall depth 18' 36' 42' 44' 40' or 44'
    Parking aisle 12' 12' 13' 18' 24'
    Minimum width of module (stall depth & aisle) 30' 48' 55' 62' 60' or 64'
    1. Loading Space Design and Markings. All uses shall provide an off-street loading area appropriate to the type of vehicles that will deliver goods and services to allow delivery vehicles to make deliveries without blocking site circulation, fire lanes, or block parking spaces. Off-street loading spaces as set out in Sec. 7.01.03, Required Off-Street Parking and Loading Spaces.
      1. Dimensions.
        1. Minimum width of loading bay (side to side): 12 feet;
        2. Minimum length of loading bay (front to back):
          1. For semi-trailers: 60 feet; and
          2. All other loading spaces: 25 feet.
        3. Minimum vertical clearance: 15 feet.
      2. Use of Rights-of-Way. Where off-street loading is required, at no time shall any part of a truck or van be allowed to extend into a public right-of-way while the truck is being loaded and unloaded or to be maneuvered within the right-of-way into a loading space.
      3. Design. Loading spaces shall be designed to not conflict with site circulation or interfere with fire lanes or emergency apparatus on the building or site.
    2. Use of Required Parking.
      1. Generally. Required off-street parking spaces shall be available for operable vehicles of residents, customers, patrons, and employees.
      2. Storage. Storage of boats, campers, trucks, or inoperable vehicles, or overnight parking of the same, is prohibited; unless:
        1. Such storage is permitted by the UDC, approved with a site plan, special use permit; and
        2. The area used for outdoor storage does not interfere with fire lanes, site circulation, and is confined within a designated space approved by a site plan or SUP.
      3. Seasonal Outdoor Merchandise. Seasonal sales, display, or storage of goods or merchandise is prohibited, except in conformance with Sec. 4.03.01, Outdoor Display of Merchandise, and any area designated by the Village Council for truckload sales or farmers market activities.
      4. Security Lighting. Required security light for off-street parking areas will:
        1. Have minimum ground level illumination of 0.5 foot-candle in all locations in the parking lot;
        2. Have lights arranged to reflect away from adjoining residential districts and uses and the public right-of-way; and
        3. Ensure public health and safety in all parking and loading areas and driving aisles.
      5. Landscaping, Screening, and Buffering. Off-street parking lots shall be landscaped, screened, and buffered as set out in Subchapter 7.02, Trees, Landscaping, and Screening, and Subchapter 4.03, Nonresidential and Mixed Use.
      6. Prohibited Uses. No area required by the Village to satisfy the off-street parking requirements of this Subchapter may be used for:
        1. Fleet storage, unless adequate space for such parking was provided on an approved site plan;
        2. Parking for other off-site businesses, unless excess parking spaces are available; and
        3. The display, storage, or sale of trailers, boats, detached campers, portable buildings, building materials, or junk vehicles that will render off-street parking spaces unusable for parking. Any vehicles without a current license, inspection sticker, or is wrecked and/or dismantled, is considered to be a junk vehicle.
    3. Surfacing. Parking and loading areas shall be hard surfaced,  graded,  and maintained to:
      1. General. Prevent ponding, stormwater flow to abutting properties, prevent potholes, and erosion;
      2. Surfacing Materials. Acceptable surface materials will be appropriate for anticipated traffic loads, soil characteristics, and weather and may include, concrete, asphalt, sealed pavers, cobbles, sealed brick, or other material with similar characteristics.
      3. Pervious Pavement. The use of pervious pavement or pervious pavement systems is encouraged. The use of such systems shall be considered "paved" if:
        1. The pervious pavement / pervious pavement system is designed and certified by a registered engineer to carry a minimum wheel load of 4,000 pounds, except where used for heavier load vehicles, such as, fire lanes, waste disposal trucks, and semi-tractor trailer trucks;
        2. When used in nonresidential and mixed-use districts, is not used for primary access and circulation drives, driveways, disabled parking spaces, or loading spaces;
        3. Pervious pavement / pavement systems that utilize grass are limited to overflow parking not typically used on a daily or regular basis; and
        4. Such systems are not count as landscape area, but may be used to mitigate drainage requirements.
      4. Surfacing Exception. Surfacing requirements shall not be required for off-street parking for athletic fields, temporary public uses, passive recreation, or agricultural uses. Where unpaved parking is  used:
        1. Such areas that abut a paved street shall be graded and surfaced with crushed stone, gravel, or other suitable material to provide a surface that is stable, properly drained, and will adhere to the requirements set out in Sec. 6.03.04, Dust and Particulate Matter, and designed to allow all-weather access to all emergency vehicles and trucks; and
        2. The perimeter of such parking areas shall be delineated by bricks, stones, railroad ties, or other similar devices.
    4. Maintenance. Access and circulation drives, driveways, parking aisles, off-street parking and loading spaces, and on-site traffic directional or control devices shall be kept in good condition and parking space lines or pavement markings on improved hard surfaces shall be kept clearly visible and distinct.

    Effective on: 1/1/1901

    Sec. 7.01.05 ADA Parking

  • Generally. Parking spaces that are accessible to persons with disabilities shall be provided as set out in the Building Code, or as required by the 2010 ADA Standards for Accessible Design, Section 208, as each may be amended. Such spaces shall be counted towards the total number of spaces that are provided for compliance with Sec. 7.01.03, Off-Street Parking and Loading, or after applicable reductions are approved as set out in Sec. 7.01.06, Special Studies.
  • Number of Required Spaces. Accessible parking spaces shall be provided as set out in the Building Code, or as required by the 2010 ADA Standards for Accessible Design, Section 208, as each may be amended or re-titled from time to time, whichever requires more parking spaces for persons with disabilities.
    1. Dimensional Standards for ADA Spaces. The minimum slopes of accessible ramps and minimum dimensions of parking spaces and accessible aisles shall be as required in the Building Code and in accordance with all ADA Standards for Accessible Design.

    Effective on: 1/1/1901

    Sec. 7.01.06 Special Studies

  • Generally. This Section sets a methodology to determine, modify, or reduce, the number of required off-street parking spaces, as set out in Sec. 7.01.03, Off-Street Parking and Loading Spaces.
  • Special Studies. Some of the uses listed in the tables set out in Sec. 7.01.03, Off-Street Parking and Loading Spaces, have widely varying parking demand characteristics and can vary widely based on proposed site improvements.  Accordingly, their parking requirements are listed as requiring a "Special Study." Required parking for those uses will be established by special study requirements listed below. A special study may also be required for any land use not listed in Sec. 7.01.03, Required Off-Street Parking and Loading  Spaces or may be submitted by an applicant to justify an alternative parking requirement.
    1. Special Study Requirements. The special study shall:
      1. Be prepared by a qualified transportation planner or traffic engineer at the applicant's expense;
      2. Provide:
        1. A peak parking analysis of comparable uses or other facilities operated by the applicant where empirical evidence of parking demand may be scientifically quantified; and
        2. Documentation regarding the comparability of the referenced uses, including name, function, location, floor area, parking availability, access to transportation network (including vehicular or other if applicable), use restrictions, and other factors that could affect the parking demand.
    2. Approval of Special Study. The Development Administrator and Village Engineer may approve the special study or request additional information or analysis, including, alternative or new data points, consideration of additional or alternative factors related to comparability or peak demand, and take action on the study supported by sound traffic engineering principles.
  • Effective on: 1/1/1901

    Sec. 7.01.07 General Access and Circulation

  • Generally. For the purposes of this Section:
    1. Arterials. Arterials include primary and minor arterials, as identified on the Vinton Future Thorough Plan.
    2. Access Points. Access points include highways, public and private streets, alleys, driveways, and marginal streets.
  • Access to Single-Family Detached and Attached Lots.
    1. Existing Lots. Access to an existing lot from any existing street is permitted. However, if an undeveloped or redeveloped lot has access to two street, access to that lot shall be provided from the lower classified street.
    2. New Lots. Access to new single-family detached, single-family detached, and duplex lots shall not be taken from arterial or collector streets unless they have more than 200 feet of frontage. The driveway shall be designed in accordance with the VDS.
  • Access and Circulation of Nonresidential and Mixed-Use Lots.
    1. Parcels platted after the adoption of this UDC that front on arterial and collector streets shall provide cross-access to abutting parcels terrain or other factors prevents such access.
    2. Where connections to abutting parcels are possible, but not currently provided:
      1. The parcel proposed for development shall include a stub-out at a location that allows for a reasonable connection to the abutting parcel; and
      2. The applicant shall record a cross-access easement to allow for future connection of the stub-out to a comparable facility on the abutting parcel.
      3. Cross access easement shall have sufficient width for two-way access, stub-outs and other design features to allow the connection, and / or other linkages for cross access drives.
    3. Entrances and exits to a parking lot and interior circulation patterns, shall be clearly delineated by appropriate traffic control signs and/or pavement markings.
    4. Outlots in an integrated development with multiple uses, tenants, and lots may be denied an individual driveway, or may be limited right-turn in / out driveways. 
    5. Based on the results of a TIA, as set out in Sec. 5.03.04, Traffic Impact Analysis (TIA), acceleration, deceleration, left-hand turn lanes, or other traffic improvements may be required at the expense of the applicant.
  • Effective on: 1/1/1901

    Sec. 7.02.01 Purpose and Applicability

  • Purpose. The purpose of this Subchapter is to:
    1. Establish landscaping standards that preserve and enhance the character of the Village;
    2. Improve the compatibility between different adjoining uses; and
    3. Conserve water by promoting the use of native and drought-resistant trees and shrubs.
  • Applicability.
    1. The requirements of this Subchapter apply to all land in the Village and ETJ. All site plans, plats, and development proposals are subject to the minimum regulations and policies of this Subchapter, except as may be limited by Sec. 10.02.04, Nonconforming Landscaping and Buffering.
    2. Exceptions. The requirement of this Subchapter are not applicable for:
      1. Individual lots of record for single-family and duplex development, except the requirements set out in Sec. 7.02.02, Land Clearing.
      2. Modifications to nonresidential buildings where a building expansion or redevelopment does not exceed the gross floor area of the existing building by more than 10 percent or 3,000 square feet, whichever is less.
  • Effective on: 1/1/1901

    Sec. 7.02.02 Land Clearing

  • Generally. The UDC provides credits to preserve healthy mature trees. Tree preservation is not mandatory, but is encouraged in areas where existing healthy trees are located.
  • Tree Protection. When trees are eligible for credits, the following measures shall be utilized:
    1. Grates or other pervious materials shall be used to maintain tree drip lines;
    2. Fill and construction storage shall be prohibited in the drip line of existing trees; and
    3. Perimeter fencing shall be installed at the outer edge of the tree canopy during development.
    1. Land Clearing Requirements. Prior to site clearing, a Grading Permit, as set out in Sec. 9.03.05, Grading Permit, must be obtained.
      1. Construction plans, including, existing / proposed grading, existing tree information (type, size, and location), erosion control, and stormwater management plans, shall be submitted demonstrating compliance with the Vinton Stormwater Management Plan and the VDS.
      2. A Stormwater Management Plan (SWMP) application shall be filed with TCEQ.
      3. A grading permit may not be issued until:
        1. A SWPPP Plan is approved by TCEQ and a NOI is provided to the Village;
        2. Village Engineer approval is obtained; and
        3. All required stormwater management improvements have been installed and inspected.
      4. Upon permit issuance, land clearing may commence in accordance with all approved plans.

    Effective on: 1/1/1901

    Sec. 7.02.03 General Requirements

  • Street Tree Planting and Spacing.  Street trees planted to fulfill the requirements of this Subchapter shall be:
    1. Planted a distance from curbs, curb lines, sidewalks,  and utilities based on the mature size of the tree species;
    2. Planted no closer than 20 feet from any street corner, measured from the point of nearest intersection of curb or pavement lines;
    3. Planted no closer than 10 feet from any fire hydrant; and
    4. Not be located within 10 feet of any underground utility or overhead transmission lines. Small street trees may be considered on a case by case basis.
  • Trimming. Any tree or other form of landscaping overhanging a public alley, street, or highway, shall:
    1. Be trimmed by the owner, agent or occupant of the property on which the landscaping is planted so that there is a clear height of 18 feet above the surface of the street, alley or highway and eight feet above the sidewalk surface; that is unobstructed;
    2. If a tree or any other landscaping in any way causes a hindrance to the general public, or in any way endangers the security or usefulness of any public street, right-of-way, highway, alley, utility, or sidewalk, it may be declared to be a public nuisance; and
    3. If the owner of such tree or landscaping does not correct or remove such nuisance within 30 days of written notification, the Village shall cause the nuisance to be corrected in accordance with the requirements set out in Chapter 11, Enforcement and Remedies. 
  • Landscaping Credits. Required landscaping may be comprised of new plants and / or existing vegetation areas, particularly on sites that adjoin arroyos or steep slopes. Credit for natural vegetation areas are subject to the following criteria:
    1. Credits may be awarded to preserve existing trees, shrubs, cacti, native ground covers, or other existing plants that are non-invasive plants and are not classified as a noxious weed, provided that the composition and extent of such areas is shown on the landscape plan and measures are proposed to leave these areas undisturbed during construction;
    2. Existing landscaping must be healthy and in good condition;
    3. The plants must be located on the parcel proposed for development;
    4. Landscaping area credits shall be awarded only when the plant, its drip line, and slope, are preserved to reasonably ensure plant survivability. Credits for the preservation of native grasses and ground covers may be awarded in locations where those plants are in close proximity to waterways, are not disturbed by site clearing, and will act as a water quality buffer. Natural vegetation shall not include tumbleweed, snakeweed, bursage, or any noxious weed. 
  • Prohibited Plant Species. Plant species that require extensive irrigation, are invasive, or are not drought tolerant are prohibited.
  • Turf. Turf is prohibited between sidewalks and curb lines and within four feet of a concrete or asphalt area, except in landscape planters, landscape islands, and along building foundations. The use of turf is limited to species that are highly drought resistant and require minimal irrigation, including bermuda, zoysia, buffalo, and Tifway 419 grasses. The use of Cavalier Zoysia is highly encouraged when turf is installed.
  • Water-Wise Landscaping.
    1. Plant Selection and Grouping Requirements.
      1. Low water use, drought tolerant plants, including native grasses, are required on slopes that are steeper than 25 percent, and in all areas that are less than eight feet wide or otherwise difficult to irrigate and manage, unless such areas are characterized by hydric soils.
      2. Not more than 30 percent of the trees and shrubs planted to meet the requirements of this Subsection may be classified as high water use.
      3. Plants shall be selected based on their adaptability to the site. Native vegetation shall be installed, or protected and preserved when possible.
    2. Mulch. Mulch, bark, decorative stone, or other materials left loose, or other water saving treatments, shall be used for all plant beds to maintain soil moisture and inhibit weeds.
    3. Irrigation Systems. A water-efficient irrigation system is required for all new landscape plantings that require continued or periodic watering to be sustained. Examples include, but are not limited to porous hose, deep pipe; clay pot lid; porous capsule; perforated drain pipe; micro catchment, drip, wick; or utilization of reclaimed, recycled, gray water, non-potable surface water, rainwater, or water harvesting systems.
    4. Planting Beds and Clustering. Plants may be clustered in groups to improve the probability landscaping longevity and maximize the appearance of landscaping and use of water conservation methods to maintain  landscaping.   In no case shall landscaping be located in undersized planting beds are islands that are not conducive to plant longevity.
  • Landscape Plan Required. A landscape plan that demonstrates compliance with all aspects of this Subchapter shall be submitted for Village approval. The basic information required to be detailed in the landscape plan submittal is set out in Sec. A.02.02, Landscape Plan, and any additional checklists the staff may adopt administratively to ensure compliance with all requirements of the UDC.
  • Effective on: 1/1/1901

    Sec. 7.02.04 Development Landscaping

  • Landscaping Required.
    1. New nonresidential uses and apartment developments shall submit plans with calculations demonstrating compliance with the minimum Landscape Surface Ratio (LSR) standards set out in Table Sec. 3.03.01, Nonresidential and Mixed Use Standards, and all requirements of this Subchapter.
    2. The minimum Landscape Surface Ratio standards set out in Sec. 3.03.01, Development Standards, may be reduced by up to 20% if the landscape plan proposes xeriscape landscape treatments, preservation of existing vegetation, and Water-Wise irrigation systems for at least 67 percent of the total area of the development.
    3. Landscaping, including all calculations used as the basis for the plan, shall be depicted on a Landscape Plan, as set out in Sec. A.02.02, Landscape Plans.
  • Exposed Cut Areas. Ground cover or drought resistant ground covers or turf, subject to Village Engineer approval, shall be required to minimize erosion and stabilize soil.
  • Landscaping Location Requirements.
    1. At least 50 percent of all required landscaping shall be located between the front of buildings and street rights-of-way and required bufferyards.
    2. Landscaping shall be comprised of a mixture of native trees, shrubs, and succulent plants, using methods that promotes water conservation and plant sustainability.
    3. Landscaping may be clustered or placed in smaller islands, provided that the landscaping is sustainable when located in parking lots and near streets.
    4. The Development Administrator may administratively approve a deviation from the 50 percent criteria in order to:
      1. Preserve existing vegetation on another side of the site;
      2. Provide additional buffering in a critical location where it may be required, such as along a rear property line; or
      3. To create an amenity area in another portion of the site.
  • Required Plant Mix.
    1. Typical landscape codes require a specific ratio of trees and shrubs required per 100 feet of frontage and requires landscaping islands based on the number of parking spaces. Those concepts are not practical in an arid climate and are not required by the UDC.
    2. As an alternative, the UDC seeks to ensure the durability and longevity of landscaping, the conservation of water, and the preservation of existing vegetation of all types and sizes to maintain the character of the Village.
    3. Given the realities of the climate, slope, drainage characteristics, and the fact that desert landscaping is unique and subtle, the UDC encourages a mix of natural areas that are preserved and new manicured area that strategically placed to minimize the need for irrigation. The UDC does not specify the exact locations of landscaping or the type and number of plants, but allow landscape plans to be flexible and adaptable to each location, within the parameter of this Subchapter and the UDC.
    4. The Development Administrator shall have the ability to coordinate with landscape designer to develop a landscape plan that addresses the constraints and opportunities of each site. If the developer and Development Administrator cannot agree on an acceptable landscape plan, the Development Administrator shall forward the landscape plan to the Planning and Zoning Commission for their review and approval.
    5. In the review and approval of landscape plans, the design preferences of the Village are listed in Subsection F.2, below.
  • Town Center. The 50 percent requirement of Subsection C, above, shall not apply to the Town Center District due to the "build to" setback requirement. In the Town Center, landscaping may be dispersed across the entire site. 
  • Landscaping Calculation Guidelines.
    1. The landscaping requirements of the UDC are not accumulative, but are limited to the Minimum Landscape Requirements set out in Sec. 3.03.01, Development Standards, Table 3.03.02, Nonresidential and Mixed Use Standards. As such, the following measurement guidelines will apply:

      1. The 50 percent landscaping requirement of Subsection B, above, does not preclude the clustering of vegetation or the even distribution of landscaping. Landscaping should be placed within areas that will ensure the longevity of the landscaping and efficient irrigation that promotes water conservation;
      2. Where practical, it is the preference of the Village to maintain existing trees and other vegetation.
      3. Bufferyard landscaping located between the front building facade and a street shall counted toward fulfilling buffer yard and 50 percent landscaping requirements.
    2. When developing landscaping plans, decision preferences of the Village are as follows:
      1. Preservation of existing healthy and mature vegetation;
      2. 50 percent landscaping between the front of buildings and street rights-of-way; 
      3. Bufferyards;
      4. Landscaping that provides required screening; and
      5. Parking lot landscaping.
    3. It is the expectation landscaping will be strategically located, or vegetation preserved, in locations that simultaneously satisfy the requirements of multiple landscaping requirements; and
    4. The landscape plans must contain calculations and planting schedules that demonstrate how each landscaping requirement has been satisfied the amount of existing vegetation credits are proposed. Existing areas to be preserved shall be adequately denoted and described on the landscape plan, with details provided about the preservation of these areas during construction.
  • Landscape Design Criteria.
    1. All plant material must meet specifications of the American Association of Nurserymen (AAN) for No. 1 grade.
    2. All plants shall be sized as set out in Table Sec. 7.02.06, with the exception of plants required in order to satisfy UDC screening requirements or the bufferyard requirements set out in Sec. 7.02.06, Bufferyards.
      1. When opaque screening or a bufferyard is required to be a specific height, the size of landscaping shall be sufficient to satisfy that requirement at the time of planting. 
      2. Required plant height necessary to satisfy applicable bufferyards or screening requirements may be reduced by the height of an earthen berm, if landscaping is installed on the berm or above the natural grade.​ 
    3. Where larger sized plants are required to satisfy screening or the bufferyard requirements of the UDC, the minimum required plant size shall comply with the more stringent requirement.
  • Table 7.02.05

    Minimum Planting Size Requirements

    Type

    Minimum Size

    Standard deciduous trees

    1-½″ caliper

    Small ornamental and flowering trees

    1-½″ caliper

    Evergreen trees

    4 feet

    Shrubs/ground covers

    Adequate size to be consistent with design intent

    Effective on: 1/1/1901

    Sec. 7.02.05 Approved Landscaping Species

    Below is a representative list of approved plants. Additional plant species shall be permitted, based on Texas Agricultural Extension Service recommendations for El Paso County.

    1. Trees:
      1. Ash (Fraxinus species)
      2. Chinese pistache (Pistacia chinensis)
      3. Desert willow (Chilopsis linearis)
      4. Honey locust (Gleditsia triacanthos)
      5. Locust (Robinia species)
      6. Oak (Quercus species)
      7. Mexican elder (Sambucus mexicana)
      8. Mimosa (Albizia julibrissin)
      9. Russian olive (Elaegnus angustifolia)
      10. Vitex (Vitex agnus-castus)
      11. Flowering pear (Pyrus species)
      12. Willow (Salix species)
      13. Arizona cypress (Cupressus glabra)​
      14. Pine (Pinus species)​
      15. Juniper (Juniperus species)
      16. Flowering crabapple (Malus Species)
      17. Arizona walnut (Juglans major)​
      18. Goldenball lead tree (Leucaena retusa)
      19. Flowering plum, peach, etc. (Prunus species)
      20. Deodar cedar (Cedrus deodara)
      21. Yaupon holly (Ilex vomitoria)
      22. Texas umbrella, chinaberry (Melia species)
      23. Golden rain tree (Koelreuteria species)
      24. Cottonwood (Populas species​)
      25. Cresote (Larrea species)
    2. Shrubs/Succulents/Decorative Grasses:
      1. Acacia (Acacia species)
      2. Indigo bush (Amorpha fruticosa)
      3. Smooth bouvardia (Bouvardia glaberrima)
      4. Winter fat (Ceratoides lanata)
      5. Rubber rabbit bush (Chysothamnus nauseosus)
      6. Pea broom (Dalea scoparia)
      7. Sotol (Dasylirion wheeleri)
      8. Mormon tea (Ephedia nevadensis)
      9. New Mexico privet (Foresteria neomexicana)
      10. Red brush (Lippia gravedensis)
      11. Pale wolfberry (Lycium graveolens)
      12. Rosemary mint (Paleomintha incana)
      13. Sumac (Rhus species)
      14. Woods rose (Rosa woodsii)
      15. Sage (Salvia species)
      16. Arborvitae (Thuja orientalis)
      17. Bird of paradise (Caesalpinia gilliesi)
      18. Desert broom (Baccharis sarothroides)
      19. Juniper (Juniperus species)
      20. Lilac (Syringa persica)
      21. Nandina (Nandina species)
      22. Pampas grass (Cortaderia selloana)
      23. Photinia (Photinia fraseri) 
      24. Pyracantha (Pyracantha species)
      25. Saltbush (Atriplex canescens)
      26. Silverberry (Elaeagnus species)
      27. Spanish broom (Spartium junceum)
      28. Texas sage (Leucophyllum species)
      29. Yucca (Yucca species)
      30. Abelia (Abelia grandiflora)
      31. Agave (Agave species)
      32. Apache plum (Fallugia paradoxa)
      33. Barberry (Berberis species)
      34. Barrel cactus (Ferocactus species)
      35. Bear grass (Nolina texana)
      36. Cholla, prickly pear cactus (Opuntia species)
      37. Cotoneaster (Cotoneaster species)
      38. Coyote bush (Baccharis species)
      39. Boxwood (Buxus microphylla)
      40. Flowering quince (Chaenoimeles species)
      41. Forsythia (Forsythia species)
      42. Holly (Ilex species)
      43. Crape myrtle (Lagerstroemia indica)
      44. Dusty miller (Senecio cineraria)
      45. Euonymus (Euonymus species)
      46. Gaillardia (Gaillardia species)
      47. Gazania (Gaziania rigens)
      48. Hedgehog cactus (Echinocereus)
      49. Honeysuckle (Loicera japonica)
      50. Lantana (Lantana species)
      51. Penstemon (Penstemon species)
      52. Privet (Ligustrum species)
      53. Red yucca (Hesperaloe sarviflore)
      54. Rose (Rosa species)
      55. Rosemary (Rosemarinus officinalis)
      56. Santolina (Santolina species)
      57. Turpentine bush (Haplppappus laricifolis)
      58. Pittosporum (Pittosporum species)
      59. Indian hawthorn (Raphiolepsis indica)
      60. Yellow bell (Tecoma Stans)
      61. Arizona rosewood (Vauquelinia californica)
    3. Groundcovers:
      1. Blackfoot daisy (Melampodium leucanthum)
      2. Ice plant (various)
      3. Lantana (Lantana species)
      4. Verbena (Verbena species)
      5. Vinca (Vinca species)
      6. Dwarf coyote bush (Baccharis species)
      7. Cotoneaster (Cotoneaster species)
      8. English ivy (Hedra helix)
      9. Germander (Tucrium species)
      10. Centennial (Baccharis species)
    4. Vines:
      1. Banks rose (Rosa banksiae)
      2. Queen's wreath (Antigonon leptopus)
      3. Trumpet vine (Campsis radicans)
      4. Virginia creeper (Parthenocisus quinquefolia)
      5. Ivy (Hedra helix)
      6. Wisteria (Wisteria species)

    Effective on: 1/1/1901

    Sec. 7.02.06 Bufferyards

  • Generally. The bufferyards required by the UDC are based on the amount of screening they provide, which are classified from less screening (Type A) to more screening (Type D), depending on the types and intensity of adjacent uses.
  • Bufferyard Types.
    1. There are four types of bufferyards, each of which vary in the width of the bufferyard and the numbers and types of plants that are required per 100 linear feet, or portion thereof.
    2. The minimum planting requirements for each type and composition of bufferyard are set out in Table 7.02.06.1, Bufferyard Classifications.
  • Composition of Bufferyards. Bufferyards may be classified as:
    1. Structural Bufferyards. Structural bufferyards are those that include a fence or wall to achieve the required level of screening or are needed or preferred for privacy or security; and
    2. Natural Bufferyards. Natural bufferyards are those that include an earthen berm, a geologic grade change, an arroyo, or  a higher density of plant materials to achieve the required level of screening.
  • Table 7.02.06.1

    Bufferyard Classifications

    Type

    Width

    Required Plantings per 100 Linear Feet (Structural / Natural)

    Height of Berm, Wall or Fence 1,2

    Large Trees

    Evergreen Trees

    Small Trees

    Shrubs

    Type A

    5 ft.

    1/2

    1/2

    1/3

    10/15

    -

    Type B

    10 ft.

    2/3

    2/3

    2/6

    20/30

    -

    Type C

    25 ft.

    3/6

    3/6

    3/9

    30/40

    6 ft.

    Type D35 ft.4/84/84/1240/558 ft.

    Table Note:

    1. An earthen berm, wall, or fence is not required for natural bufferyard.
    2. Special Use Permit approval may require additional bufferyard requirements as a condition of approval.
    1. Bufferyard Locations. Bufferyards are required in three locations, including between:
      1. Adjacent zoning districts of differing uses and their densities (residential) and intensities (nonresidential or mixed use);
      2. Housing types within mixed housing neighborhoods and traditional neighborhood development, as warranted; and
      3. Different types or intensities of uses within a mixed use development, as warranted.
    2. Composition of Bufferyards in Certain Locations.
      1. Between Districts. Structural bufferyards are the preferred composition along a district boundary that is not a street, or where there is a specific privacy or security need that requires a wall or fence.
      2. Between Mixed Housing Types and Uses. Structural or natural bufferyards may be used between mixed housing types and mixed uses within a development.
      3. Adjacent to Land Zoned Single-Family Residential (R-1). Natural bufferyards are preferred where practical to reinforce the rural or suburban character of the district.
      4. Along Resource Features and Recreation Uses. Natural bufferyards are desired along natural areas and floodplains to provide usable open space and enhance water quality and public safety.
    3. Exemptions. A parcel proposed for development, redevelopment, or substantial improvement may be exempt from the requirement to provide a bufferyard under the following conditions:
      1. When there is an elevation difference between two adjacent properties that is six feet or greater; or
      2. When the parcel proposed for development, redevelopment, or substantial improvement is separated from the adjacent property by a natural or man-made area that meets or exceeds the level of screening required by the applicable bufferyard.
    4. Credits for Existing Landscaping Improvements.
      1. Generally. Existing trees, fences, and landscape or retaining walls that meet, in part but not in whole, the bufferyard requirements set out herein, may be counted toward the bufferyard requirements, provided that the trees and landscaping are in good health or that the fences or walls are structurally sound.
      2. Existing Landscaping Credit. Credit shall be given for existing trees and landscaping within bufferyards and perimeter yards.
    5. Bufferyard Standards.
      1. Generally. Set out in Table 7.02.06.2, District Bufferyard Standards, is the classification of bufferyards that is required between zoning districts that are not separated by public street right-of-way.
      2. Interpretation of the Table.
        1. The Table is a matrix in which all zoning districts are grouped into categories of similar land use intensities.
        2. The rows indicate the zoning of the parcel proposed for development and the columns indicate the zoning of the adjacent property or properties.
        3. Where "-" is found, no bufferyard required.

    Table 7.02.06.2

    District Bufferyard Standards

    Zoning of Parcel Proposed for Development

    Zoning of Adjoining District

    R-1, RP-1

    R-2, MH

    TC, C-1, P-I

    C-2, M-1

    M-2

    R-1, RP-1

    -

    -

    -

    -

    -

    R-2, MH

    A

    -

    -

    -

    -

    TC, C-1, PI

    B

    B

    -

    -

    -

    C-2, M-1

    C

    C

    B (TC Only)

    -

    -

    M-2

    D

    C

    C (TC Only)

    -

    -

    Table 7.02.06.2

    District Bufferyard Standards

    Zoning of Parcel Proposed for Development

    Zoning of Adjoining District

    R-1, RP-1

    R-2, MH

    TC, C-1, P-I

    C-2, M-1

    M-2

    R-1, RP-1

    -

    -

    -

    -

    -

    R-2, MH

    A

    -

    -

    -

    -

    TC, C-1, PI

    B

    B

    -

    -

    -

    C-2, M-1

    C

    C

    B (TC Only)

    -

    -

    M-2

    D

    C

    C (TC Only)

    -

    -

    Table 7.02.06.2

    District Bufferyard Standards

    Zoning of Parcel Proposed for Development

    Zoning of Adjoining District

    R-1, RP-1

    R-2, MH

    TC, C-1, P-I

    C-2, M-1

    M-2

    R-1, RP-1

    -

    -

    -

    -

    -

    R-2, MH

    A

    -

    -

    -

    -

    TC, C-1, PI

    B

    B

    -

    -

    -

    C-2, M-1

    C

    C

    B (TC Only)

    -

    -

    M-2

    D

    C

    C (TC Only)

    -

    -

    Table 7.02.06.2

    District Bufferyard Standards

    Zoning of Parcel Proposed for Development

    Zoning of Adjoining District

    R-1, RP-1

    R-2, MH

    TC, C-1, P-I

    C-2, M-1

    M-2

    R-1, RP-1

    -

    -

    -

    -

    -

    R-2, MH

    A

    -

    -

    -

    -

    TC, C-1, PI

    B

    B

    -

    -

    -

    C-2, M-1

    C

    C

    B (TC Only)

    -

    -

    M-2

    D

    C

    C (TC Only)

    -

    -

    1. Relationship to Other Bufferyard Requirements. If bufferyards are required by another section of this UDC along property boundaries that are also district boundaries, then the greater bufferyard requirement shall prevail.
    2. Bufferyard Fencing.  Where a fence is used to provide a buffer, the finished side of all fences shall face outward toward any adjacent rights-of-way or the property that is being buffered. All support posts and stringers shall face inward toward the property upon which the fence is located, or the development being screened.​​​

    Effective on: 1/1/1901

    Sec. 7.02.07 Landscape Maintenance

  • Maintenance. All landscaping elements shall be maintained in good condition. On-going maintenance, including the replacement of dead or unhealthy plantings, is required for areas that are landscaped pursuant to an approved landscape plan.
  • Periodic Inspections. The Village may inspect each site periodically after approval of a subdivision plat or issuance of the certificate of occupancy to ensure compliance with this Subchapter.
  • Surety. When landscaping installation is deferred, as set out in Subsection A, above, the following requirement shall apply:
    1. Surety Required.
      1. The applicant shall submit the bid for the landscape plan for review by the Village; and
      2. A bond, landscape contractor guarantee, cash escrow, irrevocable letter of credit, or other acceptable surety equal to 125 percent of the cost of implementing the landscape plan, with the estimated cost certified by a landscaping provider;
        1. Shall be provided to ensure proper installation and maintenance of the landscaping for a period of two years from the date of installation; and
        2. A contract letter or bill of sale from a landscape company or garden center for the required landscape materials may be accepted in lieu of a cash escrow or irrevocable letter of credit.
    2. Forfeiture. The surety may be forfeited if the landscaping is not completed within one year after the issuance of the temporary certificate of occupancy. Forfeiture of any surety shall not relieve the owner of the responsibility to complete the required landscaping.
    3. Replacement Required. The applicant shall warrant all landscaping materials for a period of two years after installation. All plant materials that die within two years from the date of installation shall be replaced by the applicant. If the applicant fails to replace the plant materials, the Village may use the performance guarantee to replace dead materials.
    4. Return or Release of Surety. The Village shall return or release the surety after the two year period is expired upon request of the applicant and demonstrated that the landscaping that is protected by the guarantee is established and in good condition.
  • Effective on: 1/1/1901

    Sec. 7.03.01 Purpose and Authority

  • Purpose. The purpose of this Subchapter is to set out reasonable regulations for the design, location, installation, operation, repair, and maintenance of signs in a manner that advances the Village's important, substantial, and compelling interests set out in Sec. 7.03.03, Applicability and Exemptions, while simultaneously safeguarding the constitutionally protected right of free expression. 
  • Authority.  The Village has the authority to regulate signs under the United States and State of Texas Constitutions.
  • Effective on: 1/1/1901

    Sec. 7.03.02 Findings and Objectives

  • Findings.  The Village Council finds as follows:
    1. This Subchapter advances important, substantial, and compelling governmental interests;
    2. The regulations set out in this Subchapter are unrelated to the suppression of constitutionally-protected free expression and do not involve the content of protected messages which may be displayed on signs, nor do they involve the viewpoint of individual speakers;
    3. The incidental restriction on the freedom of speech that may result from the regulation of signs hereunder is no greater than is essential to the furtherance of the important, substantial, and compelling interests advanced by this Subchapter;
    4. The Village has a substantial and compelling interest in preventing traffic accidents;
    5. The Village has an important and substantial interest in preventing sign clutter from sign proliferation because sign clutter:
      1. Creates visual distraction and obstructs views, potentially creating a public safety hazard for motorists, bicyclists, and pedestrians;
      2. May involve physical obstructions that can create public safety hazards;
      3. Degrades the aesthetic character of the Village, making it less attractive for residents, visitors, and commerce; and
      4. Dilutes or obscures messages displayed along Village streets with distracting structures competing for attention.
    6. Sign clutter can be reduced and prevented by reasonable sign regulations that:
      1. Do not relate to the content of the regulated signs; and
      2. Balance the legitimate needs of individuals, entities, and organizations to convey messages with the legitimate objectives of the Village to promote public safety; and to sustain, protect, and enhance community character.
    7. Signs may be degraded, damaged, moved, or destroyed by natural elements, and after such degradation can harm the safety and aesthetics of Village if they are not removed;
    8. The Village has a compelling interest in protecting minors from speech that is harmful to them, as provided by state or federal law, and such speech may be prohibited in places that are accessible to minors; and
    9. Certain types of speech are not constitutionally protected due to the harm that they cause to individuals or the community.
  • Objectives. It is the intent of the Village Council to provide a reasonable balance between the right of an individual to communicate through the use of signs and the right of the public to be protected against the visual discord resulting from the unrestricted proliferation of signs. The objective of the regulations of this Subchapter are designed to provide a balanced and fair legal framework for design, construction, and placement of signs that:
    1. Promotes the safety of persons and property by ensuring that signs do not create a hazard by collapsing, catching fire, or otherwise decaying, confusing or distracting motorists; or impairing a drivers' ability to see pedestrians, obstacles, or other vehicles, or to read traffic signs;
    2. Promotes the efficient communication of messages, and ensures that persons exposed to signs are not overwhelmed by the number of messages presented and are able to exercise freedom of choice to observe, or ignore, said messages according to the observer’s purpose;
    3. Protects the public welfare and enhances the appearance and economic value of property by preventing sign clutter;
    4. Ensures that signs are compatible with their surroundings, and prevents the construction of signs that are a nuisance to occupants of adjacent and contiguous property or users of the public rights-of-way due to brightness, glare, reflectivity, bulk, or height; and
    5. Provides timely, fair, and consistent permitting and enforcement.
  • Effective on: 1/1/1901

    Sec. 7.03.03 Applicability and Exemptions

  • Applicability of Subchapter.
    1. Generally. All construction, relocation, enlargement, alteration, and modification of signs within the Village shall conform to the requirements of this Subchapter. This Subchapter applies only to signs that are integrated into, attached to, installed upon, or set upon the ground, a structure, landscaping, or a building. This Subchapter does not apply to signs that are affixed to or painted on vehicles or to signs that are carried by people.
    2. Signs Permitted Before Effective Date. If a permit for a sign was issued in accordance with applicable Village ordinances in effect prior to the effective date of this Subchapter, and provided that construction is begun within six months of the effective date of this Subchapter and diligently pursued to completion, said sign may be completed in accordance with the approved plans on the basis of which the permit has been issued, subject thereafter, if applicable, to the provisions of this UDC regarding nonconforming signs.
  • Conflicts and Concurrent Regulation.
    1. State and Federal Law. In addition to the regulations set out in this Subchapter, signs may also be subject to applicable State laws and regulations, Federal laws and regulations, and applicable adopted building codes. Where any provision of this Subchapter covers the same subject matter as other regulations of the State of Texas or the United States, the applicant is advised that nothing in this Subchapter shall be construed as a defense to a violation of applicable state or federal law except as provided in state or federal law.
    2. Village Ordinance. If any provision of this Subchapter covers the same or similar subject matter as other regulations of the Village, the regulations contained in this UDC shall prevail, and the other regulations repealed as set out in Sec. 1.01.05, Enactment and Repeal.
  • Exemptions from Subchapter. The following signs are exempt from the regulations of this Subchapter:
    1. Signs that are posted by the Village on property owned, leased, licensed, or comparably controlled by the Village;
    2. Signs that are posted by governmental entities that are not subject to Village jurisdiction, located on property owned, leased, licensed, or comparably controlled by the governmental entity; and
    3. Signs that are required by law or regulation in furtherance of the performance of a public duty or function (e.g., temporary or permanent traffic controls and street signs); or to give legal notice (e.g., notices of pending action pursuant to Village ordinances). 
  • Effective on: 1/1/1901

    Sec. 7.03.04 Permit Required; Exceptions

  • Sign Permit Required. A Sign Permit is required prior to the erection, installation, or substantial modification of any sign that is not an Exempt Sign as defined in Subsection B., below. Sign Permits are issued by the Building Official for signs that comply with all of the applicable standards of this Subchapter, or an approved Master Sign Plan, as set out in Sec. 7.03.13, Master Sign Plan and further described in Sec. 9.04.13, Master Sign Plan.
  • Exceptions. The following signs must be installed, maintained, displayed, and removed according to the requirements of this Subchapter, but do not require a sign permit prior to installation or display:
    1. Bulletin boards attached to building walls, provided that the sign area is 12 square feet or less, and there is not more than one bulletin board per principal public entrance to the building;
    2. Signs that are required in order to comply with building codes or other laws or regulations (e.g., address numbers);
    3. Signs that are six square feet or less in sign area, and if detached, four feet or less in height, provided that such signs do not require any building permits for electrical or structural systems;
    4. Painted or applied wall signs; and
    5. Temporary signs.
  • Effective on: 1/1/1901

    Sec. 7.03.05 Measurements and Calculations

  • Sign Area.
    1. Generally. Sign area is the area within a continuous polygon with up to eight straight sides that completely encloses the limits of text and graphics of a sign, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign's message from the background against which it is placed.
    2. Inclusions and Exclusions. The sign area does not include the structure upon which the sign is placed (unless the structure is an integral part of the display or used to differentiate it), but does include any open space contained within the outer limits of the display face of a sign, or between any component, panel, strip, or figure of any kind composing the display face, whether this open space is enclosed by a frame or border or not.
    3. Double-Faced Signs. For projecting, suspended, free-standing, or other double-faced signs, only one sign face is measured, provided that the sign faces are parallel or form an interior angle of less than 45 degrees and the sign faces are mounted on the same structure. If the sign faces are not equal in area, the larger sign face is measured. If the interior angle between the sign faces is 45 degrees or more, then both sign faces are measured.
    4. Three-dimensional signs. The sign area of signs that include one or more three-dimensional objects (e.g., balls, cubes, clusters of objects, sculpture), shall be measured from the cross-section that represents the sign’s maximum projection upon a vertical plane.
  • Sign Clearance. Sign clearance is the distance between the bottom of a sign face or structural element that is not affixed to the ground and the nearest point on the ground-level surface under it.
  • Sign Height.
    1. Generally. For detached signs (temporary and permanent), sign height is the vertical distance to the top of the sign face or sign structure, whichever is higher, measured from the elevation of the average grade around the base of the sign.
    2. Exception where Abutting Street is Significantly Higher than Property Upon Which Sign is Located.  If the average grade around the base of the sign is more than two feet lower than the average grade of the abutting street, then the height of the sign shall be measured from the  elevation of the closest point on the curb or centerline of that portion of the street that abuts the property upon which the sign is to be installed (whichever is higher) to the top of the higher of the sign face or sign structure.
  • Effective on: 1/1/1901

    Sec. 7.03.06 Design Prohibitions

  • Generally. The prohibitions in this Section apply to temporary and permanent signs in all areas of the Village.
  • Prohibited Sign Types. The following sign structures and designs are prohibited:
    1. Abandoned signs;
    2. Animated or moving signs, including any moving, swinging, rotating, flashing, blinking, scintillating, fluctuating, or otherwise animated light, except as specifically permitted in Sec. 7.03.09, Electronic Message Centers and Manual Changeable Copy Centers;
    3. Portable Signs, except as specifically permitted in Sec. 7.03.12, Standards for Temporary Signs; and
    4. Signs that advertise uses, businesses, or services not available on the site (billboards), as set out in Sec. 2.02.04, Non-Residential Uses.
  • Prohibited Design Elements. The following shall not be incorporated as an element of any sign or sign structure:
    1. Flags, banners, or comparable elements designed to move in the wind, except flags attached to flagpoles;
    2. Flashing lights, except as part of holiday displays;
    3. Motor vehicles, unless:
      1. The vehicles are operational and either new (e.g., automobile dealer inventory) or regularly used as motor vehicles, with current registration and tags;
      2. The display of signage on the motor vehicle does not interfere with the immediate operation of the motor vehicle (e.g., signs that are held in place by an open hood or trunk are not allowed; signs that cover windows (blocking reasonable visibility) are not allowed, and signs that may fall off of the vehicle while the vehicle is in motion, are not allowed; and
      3. The motor vehicle is legally parked in a designated off-street parking space.
    4. Semi-trailers, shipping containers, or portable storage units, unless:
      1. The trailers, containers, or portable storage units are:
        1. Structurally sound and capable of being transported;
        2. Used for their primary purpose (e.g., storage, pick-up, or delivery); and
        3. If subject to registration, have current registration and tags.
      2. The display of signage is incidental to the primary purpose; and
      3. The semi-trailer, shipping container, or portable storage unit is parked or placed in a designated loading area or on a construction site at which it is being used for its primary purpose.
    5. Spinning or moving parts;
    6. Unshielded bare light bulbs that are larger than C9 format or brighter than 50 lumens per bulb, except that neither neon tubing nor LED bulbs that compose an electronic message center display shall be considered a “bare light bulb” for the purposes of this standard (note that illumination of signs in any manner is subject to Sec. 7.03.08, Sign Illumination, and electronic message centers are subject to Sec. 7.03.09, Electronic Message Centers and Manual Changeable Copy Centers.).
    7. Materials with a high degree of specular reflectivity, such as polished metal, installed in a manner that creates substantial glare from headlights, street lights, or sunlight. This prohibition does not include retro-reflective materials that comply with MUTCD Criteria.
  • Prohibited Obstructions. In no event shall a sign obstruct:
    1. Building ingress or egress, including doors, egress windows, and fire escapes.
    2. Equipment, structures, or architectural elements that are related to public safety, building operations, or utility service (e.g., standpipes, fire hydrants, vents, and meters).
    3. Any required sight distance triangle, as set out in Sec. 5.02.03, Streets and Driveways, Subsection L.5., Visibility Requirements.
    4. Visibility to any traffic control device or street sign from traffic lanes to which the traffic control device or street sign is directed.
  • Prohibited Mounts. No sign, whether temporary or permanent, shall be posted, installed, mounted on, fastened, or affixed to any of the following:
    1. Any tree or shrub.
    2. Any utility pole or light pole, unless:
      1. The sign is a banner or flag that is not more than 10 square feet in area;
      2. The owner of the utility pole or light pole consents to its use for the display of the banner or flag;
      3. The banner or flag is mounted on brackets or a pole that extend not more than four feet in horizontal distance from the utility pole or light pole;
      4. The banner or flag is either situated above an area that is not used by pedestrians or vehicles, or the bottom of the banner or flag has a sign clearance of at least 8 feet; and
      5. The requirements of Subsection F are met, if applicable.
  • Prohibited Locations. In addition to applicable setback requirements and other restrictions of this Subchapter, no sign shall be located in any of the following locations:
    1. In or over public rights-of-way (which, in addition to streets, may include other sidewalks, parkways, retaining walls, utility poles, traffic control devices, medians, and center islands that are within public rights-of-way), except:
      1. Temporary or permanent signs posted by or under the authority of the Village or governmental entity with jurisdiction over the right-of-way;
      2. Temporary signs posted in connection with authorized work within the right-of-way, as authorized or required by the Village or governmental entity with jurisdiction over the right-of-way;
      3. Signs painted on or affixed to transit shelters and bus benches as authorized by the provider of the shelter or bench, but not extending beyond the physical structure of the shelter or bench; or
      4. Signs that are the subject of a revocable license agreement with the Village, installed and maintained in accordance with the terms of that agreement.
    2. In locations that have less horizontal or vertical clearance from authorized communication or energized electrical power lines than the minimum clearance required by the laws of the State of Texas and the regulations duly promulgated by agencies thereof.
  • Effective on: 1/1/1901

    Sec. 7.03.07 Content Prohibitions

  • Generally. Except as provided in this Section, no sign shall be approved or disapproved based on the content or message it displays.
  • Prohibition on Certain Types of Unprotected Speech. The following content is prohibited without reference to the viewpoint of the individual speaker:
    1. Text or graphics of an indecent or immoral nature that is harmful to minors under state or federal law;
    2. Text or graphics that advertise unlawful activity;
    3. Text or graphics that are obscene, fighting words, defamation, incitement to imminent lawless action, or true threats; or
    4. Text or graphics that present a clear and present danger due to their potential confusion with traffic control signs, or signs that provide false information related to public safety (for example, signs that use the words “Stop,” “Yield,” “Caution,” or “Danger,” or comparable words, phrases, symbols, or characters that are presented in a manner as to imply a safety hazard that does not exist).
  • Severability. The narrow classifications of content that are prohibited from display on signs by this Subchapter are either not protected by the United States or Texas Constitutions, or are offered limited protection that is outweighed by the substantial and compelling governmental interests in protecting the public safety and welfare. It is the intent of the Village Council that each paragraph or subsection of this Section (e.g., paragraphs B.1., B.2., B.3., or B.4.) be individually severable in the event that a court holds one or more of them to be inconsistent with the United States or State of Texas Constitutions.
  • Effective on: 1/1/1901

    Sec. 7.03.08 Sign Illumination

  • Generally. Illumination of signs using internal or external light sources is allowed only for permanent signs, and only in the nonresidential and special district zoning districts. Such illumination is subject to the provisions and limitations of this Section.
  • Wiring and Electrical Components. Junction boxes, conduits, switches, sensors, transformers, wires, and other electrical or electronic components used to illuminate signs shall be hidden from view.
  • Light Trespass. No sign or associated luminaire shall create light spillover of more than one lux at any property line within or bounding a residential zoning district.
  • Internal Illumination. Internal illumination of signs is allowed in nonresidential and special district zoning districts. The maximum brightness of an internally illuminated sign (including an electronic message center) during the time period between 30 minutes after sunset and 30 minutes before sunrise shall be calibrated in nighttime conditions (at least 30 minutes after sunset) as follows:
    1. From a point on the public right-of-way 40 feet in horizontal distance from the face of the sign, five feet above ground level, light readings shall be taken in the vertical plane, facing the sign, as follows:
      1. With the internal light source turned off, an ambient light reading shall be taken to establish the Baseline Light Level; and
      2. With the internal light source turned on (or for an electronic message center, with the display showing a white screen), another light reading shall be taken to establish the maximum brightness of the sign.
    2. The light source or electronic message center shall be calibrated such that the difference between the maximum brightness and the baseline light level is not more than 3.25 lux.
  • External Illumination.
    1. External illumination of signs shall not exceed the following illuminance on any part of the sign face or surrounding surfaces:
      1. In the C-2, M-1, and M-2 zoning districts: 500 lux.
      2. In the TC, C-1, and PI zoning districts: 400 lux.
      3. In the R-2 zoning district: 300 lux.
    2. All fixtures used to illuminate signs shall be shielded and directed to prevent glare and sky glow.
  • Effective on: 1/1/1901

    Sec. 7.03.09 Electronic Message Centers and Manual Changeable Copy Centers

  • Generally. Electronic message centers ("EMCs") and manual changeable copy centers ("CCCs") may only be used on permanent signs that conform to the requirements of this Subchapter.
  • Location.
    1. EMCs are not allowed in residential zoning districts.
    2. EMCs are not allowed closer than 50 feet to residential zoning districts or existing single-family or duplex dwelling units (collectively, “residential property”) if the EMC display faces the residential property.
  • Number of EMCs and CCCs.
    1. Not more than one sign per property shall contain an EMC or CCC.
    2. Ground signs or projecting signs that have two sign faces may include one EMC or manual changeable copy center per sign face. However, EMCs and CCCs shall not be installed upon the same sign structure.
  • Enclosure Required. EMCs and CCCs that are a component of ground signs, cabinet wall signs, or projecting signs shall be enclosed on all sides with a finish of brick, stone, stucco, finished metal, or other durable material that is used for that portion of surface of the sign face that is not an EMC or CCC, and the EMC or CCC appear to be either recessed into the frame or flush with it. The enclosure shall extend not less than 4 inches outward from the EMC display or CCC component on all sides.
  • Design.
    1. Generally. EMCs or CCCs on ground signs, cabinet wall signs, or projecting signs shall be designed as an integral part of the sign.
    2. Size and Proportions.
      1. An EMC or CCC that is incorporated into a ground sign shall not occupy more than 45 percent of the sign area of the sign into which it is incorporated.
      2. An EMC or CCC that is incorporated into a projecting sign or cabinet wall sign shall not exceed the lesser of 12 square feet of display area or 45 percent of the sign area of the sign into which it is integrated.
      3. An EMC that is displayed through a building window is exempt from Subsection E. and Subsection F.1., but its sign area shall not exceed six square feet
    3. Maximum Pixel Pitch for EMCs. The pixel pitch of an EMC shall not be greater than:
      1. Generally: 16 mm.
      2. Signs directed at motorists on Interstate 10, Highway 20, and Vinton Road: 19 mm.
    4. Brightness.
      1. EMCs shall be equipped with ambient light sensors and programmed to automatically dim when ambient light levels drop.
      2. The maximum brightness of an EMC or internally illuminated CCC shall be calibrated as provided in Sec. 7.03.08.D.
    5. Wiring and Electrical Components. Junction boxes, fans, conduits, switches, sensors, transformers, wires, and other electrical or electronic components used to provide power, data, or cooling to EMCs, or lighting to CCCs, shall be hidden from view.
  • EMC Operation. EMCs shall be programmed, maintained, and / or operated as follows:
    1. EMCs shall display only static images (messages and / or graphics without motion, flashing, animation, or frame effects).
    2. Images shall be displayed for a period of not less than six seconds.
    3. If the EMC is damaged or malfunctions such that image data is not properly displayed or the standards of Subsection F.4. or this Subsection F are not met, the EMC shall automatically turn off.
  • Effective on: 1/1/1901

    Sec. 7.03.10 Standards for Permanent Attached Signs

  • Generally. In addition to the other applicable standards of this Subchapter, permanent attached signs are subject to the standards set out in this Section.
  • Wall Signs. Wall signs are subject to the standards in Table 7.03.10.01, Standards for Wall Signs.
  • Table 7.03.10.1
    Standards for Wall Signs
    Sign Type and Standard Zoning District
    All Residential Districts All Nonresidential and Special Districts
    Painted or Applied Wall Sign
    Max. Number 1 per street elevation No Limit
    Max. Sign Area 6 sf. 1) Not limited if painted on, or applied to, a building wall, awnings, over windows, doors, or patios.
    2) Signs painted or affixed to windows may occupy no more than 50 percent of ground floor window area.
    Other Limitations Not allowed if "other wall sign" is also present None
    Other Wall Signs
    Max. Number 1 per street elevation 1 per principal pubic entrance
    Max. Sign Area 6 sf. Total sign area of "other wall signs" on a building shall not exceed 1 sf. per lf. of horizontal width of the facade where the "other wall sign" is installed.
    Other 1) Not allowed if "Painted or Applied Wall Sign" is also present; and
    2) Cabinet wall signs are not allowed on property used for residential purposes
    If the sign is located above a vehicle or pedestrian use area, then:
    1) 8 ft. of sign clearance is required;
    2) The bottom of the sign must be less than three feet above grade; and
    3) Access to the area under the sign is prevented by landscaping or the building design.
    1. Projecting Signs. Projecting signs are subject to the standards in Table 7.03.10.02, Standards for Projecting Signs.
    Table 7.03.10.2
    Standards for Projecting Signs
    Standard Zoning District
    All Residential Districts All Nonresidential and Special Districts
    Primary Projecting Sign
    Max. Number 1 per building 1 per street frontage
    Max. Sign Area Single-family or duplex building: 6 sf.
    Multi-family or non-residential building:  0.5 sf. per lf. of building width on elevation where sign is installed, not to exceed 32 sf.
    0.5 sf. per lf. of building width on the elevation where sign is installed, not to exceed 36 sf.
    Min. Sign Clearance 8 ft. 8 ft.
    Max. Sign Height Eave line above the location where the sign is installed Lesser of 25 ft. or 4 ft. higher than eave above the location of the sign.
    Other Limitations Encroachment into the public right-of-way is not allowed 1) Encroachment into a right of way is allowed only if sign owner enters into revocable agreement with Village; and
    2) Not allowed within 15 ft. of a wall sign on the same facade.
    Secondary Projecting Sign
    Max. Number Not allowed 1 per principal building entrance
    Max. Sign Area N/A 15 sf.
    Min. Sign Clearance N/A 8 ft.
    Max. Sign Height N/A Eave line above the location where the sign is installed
    Other None Must be above a principal building entrance

      Effective on: 1/1/1901

      Sec. 7.03.11 Standards for Permanent Ground Signs

    1. Generally. In addition to the other applicable standards of this Subchapter, permanent ground signs are subject to the standards set out in this Section.
    2. Table 7.03.11
      Standards for Permanent Ground Signs
      Sign Type and Standard Zoning District
      All Residential Districts All Nonresidential and Special Districts
      Primary Ground Sign
      Max. Number Residential Use:  1 double faced, or 2 single-faced, signs per auto access to a development.
      Nonresidential Use:  1 per street frontage
      1 per 600 lf. of street frontage
      Max. Sign Area Residential Use:  100 sf.
      Nonresidential Use:  1 sf. per lf. of frontage, not to exceed 150 sf.
      1 sf. per lf. of street frontage, not to exceed 150 sf.
      Max. Sign Height Residential Use:  6 ft.
      Nonresidential Use:  12 ft.
      18 ft.
      Setbacks and Spacing Residential Use:  Signs must be outside of rights-of-way and set back not less than 3 feet from any right-of-way line.
      Nonresidential Use:  Signs must be set back not less than 10 feet from property lines and spaced not less than 15 feet from building walls
      Signs must be set back not less than 10 feet from property lines and spaced not less than 15 feet from building walls.
      Additional Limitations 1) Sign must be installed in a landscaped area that extends not less than 3 feet from the base of the sign in all directions
      2) If the sign includes horizontal projections that are more than 3 feet above the ground plane, then 8 ft. of sign clearance is required below horizontal projections; or  access to the area under the sign must be discouraged by landscaping.
      1) Sign must be installed in a landscaped area that extends not less than 3 feet from the base of the sign in all directions.
      2) If the sign includes horizontal projections that are more than 3 feet above the ground plane, then 8 ft. of sign clearance is required below horizontal projections; or access to the area below the sign must be prevented by landscaping.
      Secondary Ground Sign
      Max. Number Residential Use:  Not Allowed
      Nonresidential Use:  1 per point of vehicular access
      1 per point of vehicular access
      Max. Sign Area 6 sf. 10 sf.
      Max. Sign Height 4 ft. 6 ft.
      Setbacks and Spacing 5 ft. from property lines; not less than 2 ft., nor more than 10 ft. from vehicular or pedestrian use areas 5 ft. from property lines; not less than 2 ft., nor more than 10 ft. from vehicular or pedestrian use areas
      Additional Limitations Sign must be installed in a landscaped area that extends not less than 2 feet from the base of the sign in all directions. Sign must be installed in a landscaped area that extends not less than 2 feet from the base of the sign in all directions.

      Effective on: 1/1/1901

      Sec. 7.03.12 Standards for Temporary Signs

    3. Generally. In addition to the other applicable standards of this Subchapter, temporary signs are subject to the standards set out in this Section.
    4. Duration of Display.
      1. All temporary signs (except inflatable signs) that are installed outside must be taken down upon the earliest  to occur of the following events:
        1. The sign is materially damaged, destroyed, or no longer properly installed in the ground or affixed to a building or structure (as applicable to the sign type); or
        2. The sign becomes an abandoned sign; or
        3. The time period set out in Table 7.03.12.1, Display Duration Based on Materials expires.
    5. Table 7.03.12.1

      Display Duration Based on Materials

      Material Used for Sign Face1, 2, 3

      Max. Duration of Display

      Max. Number of Display Days per Calendar Year

      CLASS 1 Materials: Paper, card stock, foam core board, or cardboard

      24 hours

      50 days

      CLASS 2 Materials: Laminated paper or cardstock, polyethylene bags, cloth

      45 days

      120 days

      CLASS 3 Materials: Canvas, nylon, polyester, burlap, flexible vinyl, or other material of comparable durability

      60 days

      120 days

      CLASS 4 Materials: Inflexible vinyl, hard plastic, composite, or corrugated plastic (“coroplast”)

      90 days

      120 days

      CLASS 5 Materials: Wood or metal

      9 months

      9 months

      TABLE NOTES:

      1. When a material is proposed that is not listed in this Table, the Building Official shall determine the class of materials with which the new material is comparable, based on the new material’s appearance, durability, and colorfastness.
      2. No temporary sign shall be displayed for a longer period than the longest permitted period in this Table, regardless of the material.
      3. Inflatable signs may be displayed for a duration of one week at a time, and shall not be displayed more than 6 weeks per calendar year.

      Table 7.03.12.1

      Display Duration Based on Materials

      Material Used for Sign Face1, 2, 3

      Max. Duration of Display

      Max. Number of Display Days per Calendar Year

      CLASS 1 Materials: Paper, card stock, foam core board, or cardboard

      24 hours

      50 days

      CLASS 2 Materials: Laminated paper or cardstock, polyethylene bags, cloth

      45 days

      120 days

      CLASS 3 Materials: Canvas, nylon, polyester, burlap, flexible vinyl, or other material of comparable durability

      60 days

      120 days

      CLASS 4 Materials: Inflexible vinyl, hard plastic, composite, or corrugated plastic (“coroplast”)

      90 days

      120 days

      CLASS 5 Materials: Wood or metal

      9 months

      9 months

      TABLE NOTES:

      1. When a material is proposed that is not listed in this Table, the Building Official shall determine the class of materials with which the new material is comparable, based on the new material’s appearance, durability, and colorfastness.
      2. No temporary sign shall be displayed for a longer period than the longest permitted period in this Table, regardless of the material.
      3. Inflatable signs may be displayed for a duration of one week at a time, and shall not be displayed more than 6 weeks per calendar year.

      Table 7.03.12.1

      Display Duration Based on Materials

      Material Used for Sign Face1, 2, 3

      Max. Duration of Display

      Max. Number of Display Days per Calendar Year

      CLASS 1 Materials: Paper, card stock, foam core board, or cardboard

      24 hours

      50 days

      CLASS 2 Materials: Laminated paper or cardstock, polyethylene bags, cloth

      45 days

      120 days

      CLASS 3 Materials: Canvas, nylon, polyester, burlap, flexible vinyl, or other material of comparable durability

      60 days

      120 days

      CLASS 4 Materials: Inflexible vinyl, hard plastic, composite, or corrugated plastic (“coroplast”)

      90 days

      120 days

      CLASS 5 Materials: Wood or metal

      9 months

      9 months

      TABLE NOTES:

      1. When a material is proposed that is not listed in this Table, the Building Official shall determine the class of materials with which the new material is comparable, based on the new material’s appearance, durability, and colorfastness.
      2. No temporary sign shall be displayed for a longer period than the longest permitted period in this Table, regardless of the material.
      3. Inflatable signs may be displayed for a duration of one week at a time, and shall not be displayed more than 6 weeks per calendar year.

      Table 7.03.12.1

      Display Duration Based on Materials

      Material Used for Sign Face1, 2, 3

      Max. Duration of Display

      Max. Number of Display Days per Calendar Year

      CLASS 1 Materials: Paper, card stock, foam core board, or cardboard

      24 hours

      50 days

      CLASS 2 Materials: Laminated paper or cardstock, polyethylene bags, cloth

      45 days

      120 days

      CLASS 3 Materials: Canvas, nylon, polyester, burlap, flexible vinyl, or other material of comparable durability

      60 days

      120 days

      CLASS 4 Materials: Inflexible vinyl, hard plastic, composite, or corrugated plastic (“coroplast”)

      90 days

      120 days

      CLASS 5 Materials: Wood or metal

      9 months

      9 months

      TABLE NOTES:

      1. When a material is proposed that is not listed in this Table, the Building Official shall determine the class of materials with which the new material is comparable, based on the new material’s appearance, durability, and colorfastness.
      2. No temporary sign shall be displayed for a longer period than the longest permitted period in this Table, regardless of the material.
      3. Inflatable signs may be displayed for a duration of one week at a time, and shall not be displayed more than 6 weeks per calendar year.
      1. Temporary Ground Signs.
        1. Generally. Temporary ground signs, except inflatable signs, are subject to the standards in Table 7.03.12.02, Standards for Temporary Ground Signs.
       Table 7.03.12.2
      Standards for Temporary Ground Signs
      Standard Residential Uses Nonresidential Uses 
      Max. Number  No limit 1 per 150 ft. of frontage, or fraction thereof
      Max. Sign Area (per sign) 6 sf.  32 sf. 
      Max. Sign Height 5 ft.  8 ft. 
      Min. Setbacks  Signs must be set back at least the height of the sign, but not less than 2 ft. from property lines, sidewalks, and vehicular use areas 1) In general, temporary ground signs must be set back at least:
      a) the height of the sign, but not less than 2 ft. from property lines, sidewalks, and vehicular use areas; and
      b) Not less than six feet from building walls and other signs (whether temporary or permanent).
      2) Sidewalk signs that are 6 sf. or less per sign face are exempt from the setback requirements of item #1, above, and:
      a) May be placed on private sidewalks provided that a pedestrian walkway not less than 48 inches wide is left unobstructed and the sidewalk sign is anchored to avoid movement in the wind; and
      b) May be placed on public sidewalks by revocable license agreement with the Village, which shall specify the location of the sidewalk sign.
       Other Limitations Signs must be installed in a landscaped area that extends not less than 2 ft. from the base of the sign in all horizontal directions Signs must be installed in a landscaped area that extends not less than 2 ft. from the base of the sign in all horizontal directions
        1. Inflatable Signs.  Inflatable signs are subject to the following standards:
          1. Max. Number: 1 per property.
          2. Max. Sign Area: 400 sf., measured as a three dimensional sign, as set out in Sec. 7.03.05, Measurement and Calculation.
          3. Max. Sign Height: 20 ft., as measured from site grade. When mounted on a building, sign height is limited to maximum height of permitted in that district, inclusive of the building on which it is mounted.
          4. Setback: Inflatable signs must be set back at least the height of the sign, but not less than 10 ft. from property lines, sidewalks, and vehicular use areas.
          5. Other Limitation: Inflatable signs must be tethered to prevent movement in the wind.
      1. Temporary Attached Signs. Temporary attached signs are subject to the following standards:
        1. Banners.  Banners may be installed on building walls, provided that:
          1. They are fastened in a manner that stretches the banner and obscures the fasteners;
          2. They do not obstruct windows, doors, vents, or utility boxes;
          3. No banner exceeds 32 sf. in sign area; and
          4. Signs may not exceed 18 feet in height.
        2. Window Signs.  Temporary window signs are subject to the same standards as permanent painted or applied wall signs.

      Effective on: 1/1/1901

      Sec. 7.03.13 Master Sign Plan

      Applicants may submit a Master Sign Plan, as set out in Sec. 9.04.13, Master Sign Plan, subject to all criteria, procedures, and processes set out in that Section.

      Effective on: 1/1/1901