Whenever the specific requirements pertaining to one district permit residential uses of a more restricted district, such residential uses shall be subject to the requirements of the more restricted district. (Ord. 1169, 2016: Ord. 832 §1, 1997)

The following requirements are intended to provide exceptions or qualify and supplement, as the case may be, the specific district requirements set forth in chapters 19.16 through 19.38 of this title:

A.   Open Space To Serve Only One Building: No open space or lot area required for a building or structure shall, during its life, be occupied by, or counted as open space for, any other building or structure.

B.   Projections Into Yards: Open eaves, cornices, windowsills and belt courses may project into any required yard a distance not to exceed two feet (2'). Open porches may project into a front or rear yard a distance not to exceed five feet (5').

C.   Front Yard Depth On Narrow Streets: Where the dedicated street right-of-way is less than fifty feet (50') wide, the depth of the front yard shall be measured at a starting point fifty feet (50') from the centerline of the street easement.

D.   Street Access For Dwelling Units: No dwelling unit shall be erected on a lot which does not adjoin at least one street for at least thirty five feet (35') and have a width of at least sixty feet (60') at the building line. A street shall be the primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall be the secondary means of ingress and egress for all dwelling units. Alleys, where they exist, shall be the secondary means of ingress and egress.

E.   Sight Lines At Intersections: On any corner lot no wall, fence, sign, structure or any plant growth which obstructs sight lines at elevations between two feet (2') and six feet (6') above the crown of the roadway shall be placed or maintained within a sight triangle formed as follows:

   1.   Where one of the intersecting streets is classified as a collector or arterial street, the sight triangle shall be formed by measuring from the point of intersection of the front and exterior side lot lines to a distance of twenty five feet (25') along the front and side lot lines and connecting the points so established. See figure 1 of this section.

   2.   Where both of the intersecting streets are classified as local streets, the sight triangle shall be formed by measuring from the point of intersection of the edge of the street paving to a distance of twenty five feet (25') along the paved edge of the street parallel to the front and exterior side lot lines and connecting the points so established. See figure 2 of this section.

F.   Site Planning Requirements: Whenever one or more residential, institutional, commercial, or industrial buildings are proposed to be located in a cluster or grouping which has a different arrangement, orientation, or other site planning variation from that of other buildings, structures or uses in the area or on adjacent properties, the architectural design, location, orientation, service, and parking areas of such buildings shall be planned so as not to adversely affect the use of adjacent or other properties in the area. (Ord. 1169, 2016: Ord. 1007 §10, 2005: Ord. 872 §1, 1998: Ord. 832 §1, 1997)

The requirements set forth in this section qualify or supplement, as the case may be, the specific district requirements appearing in chapters 19.16 through 19.38 of this title.

A.   Chimneys, elevators, poles, spires, tanks, towers, and other projections not used for human occupancy may extend above the height limit.

B.   Churches, schools, hospitals, sanatoriums, and other public and semipublic buildings may exceed the height limitation of a district if the minimum depth of rear yards and the minimum width of side yards, required in a district, are increased one foot (1') for each two feet (2') of excess height. (Ord. 1169, 2016: Ord. 832 §1, 1997)

All PWECS towers shall be subject to the following conditions:

A.   All structural elements shall meet or exceed a designed wind load of at least one hundred twenty (120) miles per hour.

B.   The PWECS tower and component parts shall have a maximum height of sixty feet (60') to be so situated on the lot that the distance from all the property lines shall be no less than the height of the tower. All guys and anchors shall meet the yard requirements of the district in which the tower is located. The height shall be measured from grade to the center of the hub.

C.   Access to the system by climbing shall be limited by a fenced yard with a locking portal, or by a fence six feet (6') tall with a locking portal distance of three feet (3') from the base of the PWECS tower, or by limiting climbing apparatus to no more than twelve feet (12') from the ground, or by anticlimbing device twelve feet (12') from the ground.

D.   PWECS towers may be stationed only upon the issuance of a special use permit. Such permit shall be issued only to the owner of the property who shall affirmatively declare that the installation of such tower will not violate any plat or other restrictions existing on the property.

E.   No PWECS tower, located in a residential district or upon property developed for residential purposes, shall be erected, constructed or maintained upon a roof of a structure.

F.   All PWECS towers shall be located to the rear of the main building.

G.   Nothing in this section shall be determined to authorize an establishment of a commercial power generator facility not in conformance with this Code.

H.   Any PWECS tower found to cause any interference with microwave transmissions or residential television or radio reception shall either be modified to alleviate the problem or removed within thirty (30) days. (Ord. 1169, 2016: Ord. 832 §1, 1997)

Whenever a multiple-family dwelling or group of multiple-family dwellings is designed with an inner or outer court, the following standards shall apply:

A.   The width of an outer court shall not be less than ten feet (10') between walls, or equal to the height of the opposing wall, whichever is greater.

B.   The width of an inner court shall not be less than two (2) times the height of the lowest wall forming the court, but in no case less than twenty feet (20').

C.   An open, unobstructed passageway shall be provided at the grade of each inner court. Such passageway shall not be less than twelve feet (12') in width, shall have a clearance of not less than twelve feet (12') in height, and shall provide a straight and continuous passage from the inner court to a yard or open space having a direct connection with a street.

D.   No accessory maintenance building or structure shall be located in an outer or inner court. (Ord. 1169, 2016: Ord. 832 §1, 1997)

Private inground and aboveground swimming pools may be constructed as an accessory use, but shall be completely enclosed by a permanent wall or fence of not less than six feet (6') in height and shall meet the requirements of the City. A swimming pool shall not be constructed in front of the front building line, and no portion of the pool, excluding equipment, walkway or other facilities related thereto, shall be located closer than:

A.   Six feet (6') to utility easement;

B.   Ten feet (10') to the side or rear lot line. Swimming pools shall not be included in back yard coverage calculations. (Ord. 1169, 2016: Ord. 832 §1, 1997)

The use of land or buildings for the commercial wholesale or retail storage of liquefied petroleum gases shall be in accordance with the ordinances of the City and the regulations of the laws of the State regulating liquefied petroleum gas. (Ord. 1169, 2016: Ord. 832 §1, 1997)

A.   All uses shall be located on a site or within a building which has sufficient utilities and services and is of appropriate space and design to satisfactorily accommodate each use of land or building, in terms of safety, function, aesthetic quality, and harmony with other uses in the area. Whenever a request to change the use of the land or a building does not meet these conditions, but all other requirements are met, the City shall refer such case to the Planning Commission for their review and recommendations. The recommendations shall be submitted to the City Council, which shall stipulate the requirements, to be followed in order to comply with the intent of this title. The requirements shall be made a part of the conditions for issuance of the permit authorizing construction and occupancy.

B.   Whatever buildings designed for dwelling purposes are located in commercial districts, no commercial use shall be permitted on the lot on which the dwelling is located until such dwelling has met the Zoning and Building Code requirements of the City. (Ord. 1169, 2016: Ord. 832 §1, 1997)

All property shall be maintained in a clean, sanitary, and sightly manner at all times. Weeds are to be cut and debris and building materials are not to be stored or piled on the premises except during building construction. All lands, including City rights-of-way not used by buildings, structures, or parking, shall be landscaped and maintained in good condition. However, the City may properly expend public funds to landscape and maintain City rights-of-way for the purpose of protecting the health, safety, and general welfare of the City. (Ord. 1169, 2016: Ord. 832 §1, 1997)

All new construction in the City shall include landscaping as an integral part of the design to provide a quality of life which complements the natural and physical surroundings and environment of the City. All multiple-family, commercial, industrial, and public uses shall be landscaped with trees, ornamental shrubs, and green areas according to the following standards:

A.   Required Area: The public right-of-way between the property line and the curb and not less than five percent (5%) of the total land area of the lot shall be landscaped. At least seventy five percent (75%) of the landscaped lot area shall be in the front or side yards and visible from a public street providing access to the property. Inner courts not visible from a public street shall not be calculated for the purposes of meeting this requirement.

B.   Landscaped Materials And Plan:

   1.   An application for a building permit shall be accompanied by a detailed landscaping plan which shall contain the following:

      a.   The location and types of all plants;

      b.   A live tree, having a minimum planted height five feet (5') for every five hundred (500) square feet of area to be landscaped, but not including the street right-of-way;

      c.   Artificial grass or any form of synthetic plant is prohibited;

      d.   Rock gardens or sculpture may be approved, but the use of gravel or chat as ground cover shall not be considered as meeting the requirements of this section;

      e.   The plan shall respect sight triangles at intersections and all other elements relating to traffic control.

   2.   The plan shall be a part of the building permit review process.

   3.   A certificate of occupancy for a structure shall not be issued until the landscaping has been installed in accordance with the plan; provided, however, that if a structure and all its site improvements are complete except for the landscaping requirements and the season of the year will not permit planting, temporary occupancy may be permitted until a date certain in the growing season. In this case, a future inspection date shall be set by the City to determine if the landscaping has been installed.

   4.   All landscaping shall be maintained in a live and healthy condition. Failure to install or maintain landscaping as required and approved shall constitute a violation of this title. (Ord. 1169, 2016: Ord. 832 §1, 1997)

Regardless of the area and yard requirements of any zoning district, the location of any building on a site shall be subject to the platted setback lines if the lines are greater than setbacks required by this title. All building plans submitted or approval and the issuance of a building permit shall show the setback lines which are a part of a recorded subdivision plat of the property. The City shall enforce these setback lines in its review and approval of the building plans. (Ord. 1169, 2016: Ord. 832 §1, 1997)

The intent of this section is to provide for an alternative housing source in the R-1 District by permitting the use of certain manufactured homes. These homes are subject to the following requirements to assure acceptable similarity in exterior appearance between such manufactured homes and dwelling units that have been or may be constructed as site built homes under these and other requirements on adjoining lots within the district.

A.   Standards And Permitted Placement Of Manufactured Housing: The establishment, location, and use of manufactured homes shall be permitted in the R-1 District subject to the requirements and limitations applying generally to such residential use. Such homes shall:

   1.   Meet the Federal Manufactured Home Construction and Safety Standards;

   2.   Meet all requirements applicable to single-family dwellings, including all necessary improvements, location, building, and occupancy permits and other certifications required by the City building codes;

   3.   Have a living area of not less than ninety percent (90%) of the average square footage of the conventional homes in the district or be located within three hundred feet (300') from residences, whichever is less;

   4.   Be attached and anchored to a permanent foundation in conformance with the regulations set forth in the Foundation Code and with manufacturer's installation specifications for both life and shear loads;

   5.   Be covered with an exterior material compatible with existing homes in the neighborhood;

   6.   Be constructed so that when finished, it shall conform to surrounding homes and appear to have been site built;

   7.   Have a roof composed of a material customarily used on site built dwelling units, such as fiberglass, asphalt, or tile;

   8.   Be of the type that has two (2) components placed side by side to form one unit, commonly referred to as a "doublewide";

   9.   Have the wheels, axles, springs, and towing tongues removed;

   10.   Not violate existing plat restrictions and other restrictive covenants.

B.   Structural Additions And/Or Alterations: Any structural alteration or modification of a manufactured home, after it is placed on the site, must be approved by the City. All structural additions shall comply with City building codes.

C.   Application And Approval: All applications for placement of a manufactured home in an R-1 District must be submitted in writing to the City for review and approval. The application shall include documentation substantiating that the standards set forth in subsection A of this section, have been met.

D.   Permits; Approval, Disapproval: After approval of the application, the City shall issue all necessary permits. In the case of an addition being added to a manufactured home, the City shall issue such permit if it determines that said addition will be in compliance with this section and all other applicable City building codes. If the City disapproves an application, the applicant may either resubmit the application for review and approval or appeal the ruling of the City as provided for below.

E.   Utilities: All manufactured homes shall have an approved water supply, sewage disposal system, and other utility connections including, but not limited to, gas and electric.

F.   Removal From Property: A home placed upon property in violation of this section shall be subject to removal from such property. If action is required to ensure compliance, the expenses incurred may be reduced to a lien against the property.

G.   Removal Method: The City may institute a suit in an appropriate court for injunctive relief to cause such violation to be prevented, abated, or removed. Removal for violation is subject to the notice and hearing requirements as set forth below.

H.   Notice, Hearing, And Appeal: Any action taken by the City may be appealed within ten (10) days of the ruling by an applicant. The appeal shall be presented in writing to the City Clerk and shall include the name and residence address of all interested parties. The City Clerk shall place the appeal on the agenda of the Board of Adjustment/Appeal at its next regularly scheduled meeting. The City Clerk will certify and mail notices to all interested parties to the appeal no later than ten (10) days prior to the hearing. The appeals procedure is not intended to preclude any aggrieved party of the rights or remedies which may be available at law or equity.

I.   Building Permit Required: A building permit is required. (Ord. 1169, 2016: Ord. 968 §1, 2002: Ord. 832 §1, 1997)

A.   Inground and aboveground storm shelters shall be permitted in side and rear yards subject to setback requirements.

B.   Side yard storm shelters shall not be visible from the street.

C.   No portion of the storm shelter shall be located closer than ten feet (10') to a utility easement or right-of-way nor closer than six feet (6') to the side or rear lot line.

D.   Storm shelters shall not be included in back yard coverage calculations.

E.   Safe rooms shall be permitted anywhere within the building.

F.   A building permit is required for construction of any type storm shelter or safe room and construction must comply with applicable national, State or Municipal laws, regulations and ordinances.

G.   A plot plan is required. (Ord. 1169, 2016: Ord. 968 §1, 2002: Ord. 894 §1, 2000)

A.   Exposed Exterior Metal Finish: Buildings, including accessory buildings, with walls constructed with exposed exterior metal finish, shall not be permitted in the R-3, C-1, C-2, C-3, C-4 and C-5 Districts or on nonresidential uses, i.e., including, but not limited to, schools and churches in residential zoning districts. This section shall not prohibit the use of metal for roofing material, mechanical enclosures, fascias, signs, awnings and similar appurtenances; except, corrugated metal shall not be permitted.

B.   Exterior Walls: All exterior walls shall have a facade of brick, rock, decorative concrete block, wood (treated by paint or wood sealing product), stucco, ferrous cement or exterior insulation and finish systems (EIFS), or a material other than exposed metal walls or unfinished or untreated concrete block or concrete panels.

C.   Exception: For properties fronting the Northwest Expressway or the 39th Street Expressway, there shall be an exception to the limitations established in subsections A and B of this section as follows. Metal (including corrugated metal) may be used for exterior walls or roofing if approved by the building inspector. Approval may only be granted where the use of metal is a part of an architectural feature(s) which is prominent and which aids in the identification of the business (e.g., where consistent with the business' branding concept). Economic factors, such as reduced construction costs, shall not be considered in making the decision. Use of metal for walls shall be limited to no more than twenty percent (20%) of the total for the structure's walls, and in no cases may a metal wall constitute the entire wall for one side of the structure. In the event the building inspector denies a request made under this subsection, the applicant may appeal that denial to the Planning Commission. The commission may reverse, modify or affirm the decision of the building inspector. (Ord. 1169, 2016: Ord. 1156, 2015)

   A.   The City of Warr Acres has followed its standard planning and zoning procedures to determine if certain zones or districts would be appropriate for locating marijuana-licensed premises, medical marijuana businesses or any other premises where marijuana or its by-products are cultivated, grown, processed, stored or manufactured. With the exception of retail medical marijuana establishments (those licensed as a dispensary), the City has determined that there are no zones or districts where other, non-retail medical marijuana business activities would be appropriate. As such, it is hereby declared unlawful to engage in any non-retail, commercial medical marijuana business activities including, but not limited to, the commercial growth and/or processing of medical marijuana.

   B.   Use of property for a retail medical marijuana establishment (dispensary) shall only be allowed under the following conditions:

      1.   The use is explicitly authorized in the zoning district ordinances;

      2.   All City ordinances related to businesses licensing have been complied with; and

      3.   No medical marijuana business related activities except those authorized by State law pursuant to the issuance of a dispensary license are allowed. Commercial growth and/or processing by a dispensary is prohibited. (Ord. 1200, 6-12-2020)