(a)

Purpose and intent. The purpose of this section is as follows:

(1)

To reduce traffic congestion on public streets by shifting parking of vehicles to areas other than public streets;

(2)

To minimize development issues with neighboring properties and uses;

(3)

To provide for specialized parking needs for handicapped drivers;

(4)

To provide adequate parking for all uses; and

(5)

To provide flexibility in meeting the requirements and need for parking in the city.

(b)

General requirements.

(1)

When units or measurements determining the number of required spaces result in a fractional space, the smaller number shall apply, i.e. 20.8 spaces - 20 spaces.

(2)

Loading space shall not be considered to supply required off-street parking space; nor shall required off-street parking spaces supply required off-street loading spaces.

(c)

Improvement standards. Unless otherwise provided herein, the following commercial and residential standards shall apply to parking required by this chapter:

(1)

Off-street parking or loading spaces must be constructed of concrete; other hard all-weather surfaces shall be allowed only as approved by the director of public works or their designee.

(2)

Required off-street parking and loading spaces shall be located on the same site as the use for which the parking is provided. See subsection (g) of this section for exceptions to this requirement.

(3)

Parking areas shall provide direct access to and from a public or private street or an alley.

(4)

Parking lots shall be provided with entrances and exits located in order to maximize ingress and egress and accessibility to the parking area.

(5)

Any light used to illuminate or identify a parking or loading area shall be placed in order to reflect the light away from the adjacent dwellings, downwards and not into the sky and shall not interfere with traffic flow or regulations.

(6)

Commercial parking spaces hall be arranged so that vehicles shall not be required to exit the parking or loading spaces directly into a public street or across a public pedestrian walk.

(7)

No asphalt shall be allowed on residential or nonresidential parking areas or loading spaces; however, driveways exceeding 100 feet in length in residential districts or on a lot with a residential dwelling may be composed of asphalt upon variance approval by the zoning board of adjustment. Temporary gravel overflow parking areas shall be allowed only when approved by the director of public works or their designee.

(8)

Nonresidential developments shall be provided with barriers to ensure that occupants of all adjacent dwellings are not unreasonably disturbed by noise, emissions, and the operation of vehicles, in accordance with the following specifications for any parking area that includes more than six off-street parking or loading spaces:

a.

Along any rear or side property line and along each front and side street setback line for that portion of a residential subdivision that is platted after January 1, 2022, the property boundary which adjoins or lies across a street or alley from another residential district, there shall be erected a solid wall of masonry or other material as approved by the director of public works or their designee, not more than eight feet nor less than six feet in height, except for necessary driveways. The wall shall be maintained in a neat and orderly condition and shall be a neutral color.

b.

On any lot in a business or industrial district which lot adjoins or lies across an alley from a residential district, there shall be provided along the adjoining or paralleling property line or along the boundary of the vehicle area a wall as required above.

(9)

On any lot in any residential zone or on any lot used for a dwelling, parking in the front yard or side street side yard on any surface other than concrete or an approved all-weather surface is prohibited, except during city construction projects in front of said property.

{10)

Driveway and parking areas for existing residential lots that are nonconforming shall be surfaced with concrete, or other hard all-weather surface as approved by the director of public works or their designee at such time as a building permit is issued for improvements made to the house or property totaling 10 percent of the value of the building or property, as applicable.

(11)

Residential driveways shall not be allowed to front collector, arterial or any street greater than 31 feet wide, unless approved by the director of public works or their designee.

{12)

The following table provides parking area requirements applicable to the respective parking angle configurations.

PARKING AREA REQUIREMENTS FOR TYPICAL PARKING ANGLES
(Parking Dimensions: Full Size Car)

^* Space length is measured at right angle to the drive aisle.

^** If no curb overhang

(d)

Parking of major recreational equipment. Parking of major recreational equipment as defined in section 115-3 shall be allowed in the SF6 and D districts with the following conditions applicable:

(1)

It shall be unlawful for any person to park or allow to be parked any major recreational vehicle or equipment in the front yard except that such equipment may be temporarily parked in the front yard during city construction projects in front of said property. Major recreational equipment or vehicles may be parked in the rear or side yard only if the area is:

a.

Part of a concrete or other approved hard-surfaced driveway, pad or parking area; or

b.

Screened from public view by fencing, trees or shrubbery.

(2)

No parked major recreational equipment or vehicle shall extend into or upon any right-of-way or public access easement or drainage, utility easement.

(3)

The driveway and parking surface shall be concrete, or other hard all-weather surface as approved by the director of public works or their designee.

(e)

Off-street parking requirements. The following units of off-street parking space shall be provided, at a minimum, plus an area or means adequate for ingress and egress. The following classes of uses shall be deemed to include and apply to all uses within the city. Whenever a property or structure is designed, intended, or arranged for more than one class of use, the total number of parking spaces required shall be the sum of the requirements of the various classes of uses computed separately as specified below. If for any reason the classification of any use for the purpose of determining the required amount of off-street parking space is not readily ascertainable, the classification of the use shall be determined by the director of public works or their designee.

(f)

Area layout.

(1)

All commercial off-street parking areas shall be paved with concrete or other hard all-weather surface as approved by the director of public works or their designee.

(2)

Parking spaces shall meet the dimension requirements of subsection (c)(12) of this section unless otherwise specifically approved by the director of public works or their designee.

(3)

Separate off-street parking spaces shall be provided for each use, or the parking space required of two or more uses located on the same site may be combined and used jointly.

(4)

All off-street parking areas shall be arranged, improved, and maintained according to the following standards:

a.

Parking areas shall be provided with separate entrances and exit driveways which may be combined in a single driveway when adequate safeguards are provided to minimize congestion and to protect pedestrian and vehicular traffic upon the approval of traffic flow plans on the site and in the public street by the zoning official.

b.

For all areas designed for the parking of four or more vehicles, the minimum width of driveways measured at the property line shall be a minimum of 15 feet for one-way drives, a minimum of 24 feet for two-way drives.

(g)

Exclusions, reductions and exceptions.

(1)

Shared parking and off-site parking by special exception. Shared parking and off-site parking shall be allowed as an alternative to on-site parking under the conditions and procedures as provided in section 115-34(e), authorized special exceptions.

(2)

Reductions of required spaces. Administrative approval of a request for a reduction in the number of required spaces may be allowed by the director of public works or their designee for requests for reductions of 25 percent or less where the applicant can demonstrate that the necessary parking to serve the proposed land use is less than that number required by this chapter. A request for a reduction in the number of required spaces may be allowed by special exception for request for reductions greater than 75 percent. The following procedure must be followed in order to apply for a reduction

a.

The applicant must provide a parking analysis done by a professional indicating the parking necessary to serve the proposed use, or other alternate method as approved by the director of public works or their designee.

b.

The application will be reviewed by the director of public works or their designee in cases where the reduction request is 75 percent or less. The application will be considered by the zoning board of adjustment in cases where the reduction request is more than 75 percent.

(h)

Off-street loading requirements.

(1)

All retail, commercial, and industrial structures, on an as needed basis, shall provide and maintain an off-street area for loading and unloading of merchandise and goods at a ratio of at least one space for the first 25,000 square feet of gross floor area or a fraction thereof. Unless otherwise specified, a space 12 feet by 30 feet of floor or lot area with unobstructed access to a public street or alley shall be deemed to be a loading space for one vehicle. All drives and approaches shall provide adequate space and clearances to allow for the maneuvering of trucks off-street. Each site shall provide a designated maneuvering area for trucks. These requirements may be modified based on use at the time of site plan review.

(2)

All loading areas and service bay doors shall be designed so that loading doors or docking area are not directly visible from streets. These areas shall be fully screened with a screening wall. Landscaping may be allowed based on use or location.

(3)

All loading areas shall be designed to minimize the impact on adjacent uses. If loading areas are adjacent to residential properties, developments or zoning districts, loading and unloading hours shall comply with chapter 26, nuisances, article I, section 26-1, Noise.

(4)

Garage doors or service bays for auto/boat motor vehicle related uses shall not face a public street.

(5)

The following space requirements for off-street loading space shall be provided plus an area or means adequate for ingress and egress. For structures containing 25,000 or more square feet of gross floor area, an additional number of spaces shall be provided as specified in the following table:

(i)

Handicapped parking spaces.

(1)

In each parking facility in zoning districts CF, LB, GU, GB, C, and I or for any nonresidential development located in a residentially zoned district, a portion of the total parking shall be specifically designed, located, and reserved for vehicles licensed by the state for use by the handicapped. These spaces will be provided according to the following schedule:

(2)

Each parking space designated for use by the handicapped shall meet the requirements of Sections 208, 501 and 502 of the latest edition of the Texas Accessibility Standards (TAS).

(3)

Each designated handicapped parking space shall be located in an area not exceeding a two percent slope and shall be located near and convenient to a level or ramped entrance accessible to handicapped persons.

(4)

Parking spaces for the handicapped shall be designed in accordance with Texas state law and the Americans with Disabilities Act (ADA) requirements and shall be designated and restricted for use by the handicapped only.

(5)

Planning and design shall be undertaken to ensure that individuals utilizing a handicapped parking space are not compelled to traverse behind parked vehicles other than their own.

(6)

All applicable TAS/ADA requirements for parking spaces must be met.

(Code 2001, § 14.501; Code 2010, § 14.05.001; Ord. No. 1547, § I(Exh. A), 3-24-2014; Ord. No. 1566, § I, 7-28-2014; Ord. No. 1639, § II, 3-27-2017; Ord. No. 2021-054, § II(Exh. A), 12-13-2021)

(a)

Generally. Whenever a site plan is required by this chapter, such site plan must conform to the requirements of this section. All site plans must be approved by action of the planning and zoning commission and the city council.

(1)

Whenever a site plan requires approval before a building permit is issued, and there is no request for a zoning change, the city council may approve the site plan by minute order. The approved site plan and a copy of the minutes of the city council action must accompany the request for the issuance of the building permit.

(2)

Changes in any site plan required by this chapter and approved by the planning and zoning commission and the city council shall be processed the same as the original. Approval of the site plan, except that changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted or increase the density, floor area ratio, height ratio, or reduce the yards provided at the boundary of the site as indicated on the approved site plan may be authorized by the zoning administrator. An aggrieved party may appeal the decision of the zoning administrator to the zoning board of adjustment in accordance with the provisions of this chapter.

(b)

Site plan required. When required by the administrative official, planning and zoning commission, or the city council, any applicant for a zoning change shall submit a proposed site plan for approval. It is the established policy of the planning and zoning commission and the city council under this section of the city zoning ordinance that a site plan is required when specified by section 115-85, Conditions and special regulations for listed uses. A waiver of the site plan requirement may be granted if approved by the city manager or his designee.

(c)

Notice and hearing. Notice and hearing requests for site plan approval shall be conducted as follows:

(1)

Owners of record of property within 200 feet area of the property under consideration will be notified of site plan consideration by the planning and zoning commission.

(2)

The city manager or designee shall have at least one sign erected on the property for which site plan consideration of the planning and zoning commission has been requested. The sign shall have a total area of at least four square feet and shall be located adjacent to streets, if possible. Such sign shall be erected on or before the first date of the first notice to property owners and shall be removed immediately after final action by the city council, or when the applicant withdraws the request, whichever comes first. The sign shall contain a notice of hearing on a site plan and the telephone number of the public official from whom dates of the public hearing may be obtained. The erection or continued maintenance of signs shall not be deemed a condition precedent to the granting of any site plan recommendation or approval or the holding of any public hearing.

(3)

Council approval of a site plan that accompanies a zoning change request shall become part of the amending ordinance and shall be referenced on the zoning district map. Hearings held by the council for consideration of approval of such zoning changes and accompanying site plans shall be conducted in accordance with the provisions of section 115-35(c), Changes and amendments, of this chapter and state law.

(4)

Council approval of a site plan required for the issuance of a building permit in which no zoning change has been requested, shall not constitute an official public hearing as required by section 115-35(c), Changes and amendments. Notice of the consideration of the site plan by the city council in the posted agenda of the council shall be sufficient notice for the purposes of approving a site plan by city council action for the issuance of a building permit.

(d)

Form and content. The site plan shall contain the information listed below. Any or all of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation by the planning and zoning commission, the city council, and the officers required to enforce and interpret this chapter. However, the city manager or his designee may exclude or amend the information to be provided if it is determined that the required information is not applicable or necessary:

(1)

The boundary lines and dimensions of the property, existing subdivision lots, available utilities, easements, roadways, sidewalks, fire lanes, and public rights-of-way;

(2)

Topography of the property proposed for development in contours of not less than two feet or five feet on steep slopes;

(3)

Floodplains, watercourses, marshes, drainage areas, and other significant environmental features including, but not limited to, rock outcroppings and major tree groupings;

(4)

The location and use of all existing and proposed buildings or structures, including all refuse storage areas, and the minimum distance between buildings. Where building complexes are proposed, a site plan showing the location of each building and the minimum distance between buildings, and between buildings and the property line, street line, and/or alley shall be submitted;

(5)

Total number and location of off-street parking and loading spaces;

(6)

All points of vehicular ingress and egress and circulation within the property, including any special traffic regulations proposed or required to ensure the safe function of the circulation plan;

(7)

Setbacks, lot coverage, and when relevant, the relationships of the setbacks provided and the height of any existing or proposed building or structure;

(8)

The location, size, and arrangement of all outdoor signs, exterior auditory speakers and lighting;

(9)

The type, location, and quantity of all plant material used for landscaping, and the type, location, and height of fences or screening and the plantings around them;

(10)

A land use plan that delineates where multiple types of land use are proposed, and the specific areas to be devoted to various uses;

(11)

Vicinity map, north point, scale, name of development, name of owner, name of planner, total acreage of project, street address, or common description of the property;

(12)

Current land uses and zoning district of the property and current land uses and zoning districts of contiguous properties;

(13)

The location and size of existing and proposed surface and subsurface drainage facilities, including culverts, drains, and detention ponds, showing size and dimensions of flow;

(14)

Land uses and zoning district contiguous to the property;

(15)

Existing buildings on the exterior of the site and within 25 feet of all property lines;

(16)

The number of square feet of the property after construction which will constitute impervious area or impervious surface and vegetated areas;

(17)

Roadway speeds and distances of adjacent driveways from all proposed driveways; and

(18)

For requests for alcoholic beverage uses, the distances from schools, churches and day care facilities.

(e)

Consideration. In considering, granting, or denying an application for a site plan as provided for in this chapter, the planning and zoning commission and the city council shall take into consideration the following factors:

(1)

Compliance with the zoning ordinance, the subdivision ordinance, and all other ordinances of the city;

(2)

Such other measures as will secure and protect public health, safety and general welfare.

(Code 2001, § 14.502; Code 2010, § 14.05.002)

(a)

Purpose. Certain radio equipment used in transmitting and receiving signal energy are essential and are deemed to promote the health, safety, and general welfare of the citizens of the city. The placement of such equipment shall be located such that the health, safety, welfare, and aesthetic quality of the community shall not be compromised. Therefore, the regulations governing the location of such equipment shall consider the aesthetic quality of the community equal to the health, safety and general welfare of the community. The antennas, masts and towers hereinafter enumerated shall not be deemed violations of this chapter when made under the conditions herein provided.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Antenna means a device used in communications which transmits or receives radio signals.

Antenna, building attached, means antenna attached to existing structures in two general forms:

(1)

Roof-mounted, in which antennas are placed on the roofs of buildings; or

(2)

Building-mounted, in which antennas are mounted to the sides of buildings.

These antennas can also be mounted on structures such as water tanks, billboards, church steeples, electrical transmission towers, etc.

Antenna facility means any structure, monopole, tower, or lattice tower used to support antennas that are more than 35 feet tall.

Antenna, microwave, also known as "dish" antenna, means a dish-shaped antenna used to link communications sites together by wireless transmission of voice or data, utilizing electromagnetic radiation frequencies from three GHz to 300 GHz; and using relatively low transmitter power levels when compared to other forms of transmission.

Antenna, panel, also known as "directional" antenna, means an antenna or array of antennas designed to concentrate a radio signal in a particular area. Panel antennas are typically flat, rectangular devices; approximately six square feet in size.

Antenna, whip, also known as "omni directional" antenna. Shaped cylindrically, whip antennas have diameters between two and six inches, and measure between one and 18 feet in height. They are used to emit signals in a 360-degree horizontal plane and a compressed vertical plane.

Co-location means the act of locating wireless communications equipment from more than one provider on a single antenna facility.

Equipment storage means an unmanned, single-story equipment building less than 500 square feet in size used to house radio transmitters and related equipment.

Lattice tower means a tower having three or four support legs and holding a variety of antennas. These towers range from 60 to 200 feet in height and can accommodate a variety of users.

Monopole means an antenna facility composed of a single spire more than 35 feet tall used to support communications equipment or other visible items. No guy wires are used or permitted.

Satellite receive-only antenna means an antenna that enables the receipt of television signals transmitted directly from satellites to be viewed on a television monitor. Such antennas are commonly known as a satellite dish, television receive-only antenna, dish antenna, parabolic antenna, or satellite earth station antenna.

Tower means any columned, guyed structure more than 35 feet tall used to support antennas or other visible items.

(c)

Residentially zoned districts; amateur radio equipment and TV antennas. Amateur radio equipment (including ham radio and CB equipment) and personal use TV antennas shall be allowed in the SFA, SF6, D, MF or MH zoning districts if they comply with the following regulations:

(1)

Antenna facility may be building attached, monopoles, towers, or lattice towers.

(2)

Only one antenna facility exceeding 35 feet per premises.

(3)

An antenna facility, exclusive of the height of any antenna or mast, shall not exceed 65 feet in height; provided, however, that an antenna facility shall be permitted additional height at the ratio of one added foot in height for each additional foot of setback beyond the minimum setback required of an accessory building in the zoning district regulations. Regardless of the above, the maximum height for a tower permitted without a special exception in any residential district shall be 80 feet.

(4)

The height of an antenna, including the height of any antenna facility to which they may be fastened or attached shall not exceed 80 feet in height without a special exception.

(5)

An antenna not fastened to an antenna facility shall not exceed 50 feet in overall height without a special exception, except for an antenna which does not extend more than eight feet above a building on which it is mounted.

(6)

An antenna facility shall be limited to having the number and size of antennas attached to it that are allowed by the antenna facility manufacturer's designs and specifications for maximum wind load requirements.

(7)

Setbacks.

a.

Antennas and antenna facilities shall not be permitted in front or side yards. Guy wires are not permitted in front yards.

b.

Guy wires are permitted in required side and rear yards.

c.

Setback for antenna facilities shall be the same as is required for accessory buildings in residential districts.

(8)

Separation. There shall be no minimum or maximum separation requirements for antenna facilities from other structures on the same lot of record.

(9)

Antenna facilities shall not be permitted in any easement.

(10)

Lights. No auxiliary or outdoor lighting above 20 feet shall be allowed on antenna facilities located on residentially zoned property, and no lights so located shall be directed off one's property, except such lights or lighting as may be required by the Federal Aviation Administration or the Federal Communications Commission.

(11)

Construction standards. A building permit must be obtained prior to the construction and/or installation of an antenna facility. Antenna facilities must be installed as per the manufacturer's recommendations or under the seal of a registered professional engineer of the state.

(12)

Maintenance. Antennas and/or antenna facilities obviously not in use or obviously in need of maintenance as determined by the building official, shall be removed or brought into compliance within 30 days following notice given by the building official. This shall not preclude immediate action by the building official to safeguard life, limb, health, property, and public welfare.

(13)

No part of an antenna, antenna facility, or any attachment thereto may extend beyond the property lines of the owner of such antenna or antenna facility without written permission from affected property owners.

(14)

No permit shall be issued for the installation of an antenna or antenna facility on a multifamily structure or property unless a notarized statement of permission from the owner is presented to the building department.

(15)

All antennas and antenna facilities shall be subject to an inspection every five years by a qualified expert. Such inspection may be conducted and charged for by the city in accordance with provisions in the building code.

(16)

A special exception must be obtained from the zoning board of adjustment for any antenna facility which does not comply with the regulations specified hereinabove. See section 115-34(e), Authorized special exceptions.

(17)

The zoning board of adjustment will approve a requested application for a special exception upon documentation that such exception is necessary and critical to the communications operation of the facility.

(d)

Residentially zoned districts; commercial antennas. Only building-attached antennas shall be allowed in residentially zoned districts under the following conditions:

(1)

A special exception must be obtained from the zoning board of adjustment. See section 115-34(e), Authorized special exceptions.

(2)

The proposed antenna must be attached to or enclosed in an existing structure currently or most recently occupied by a nonresidential use as listed in the zoning ordinance, or attached to a power or telephone pole, water storage tower, or other utility structure.

(3)

The antenna must not exceed eight feet above the structure to which it is attached.

(4)

A maximum of three antennas shall be allowed to be attached to a single antenna facility.

(5)

A minimum of 1,500 feet of separation shall be required between antenna facilities.

(6)

If attached to the exterior of a structure or a power or telephone pole, water storage tower or other utility structure, the antenna must be at least 75 feet above grade and painted to match the structure to which it is attached.

(7)

The antenna may be placed lower than 75 feet above grade if it is completely enclosed within existing architectural elements of a building so as not to be visible.

(8)

Any associated equipment storage building shall be screened from public view by a decorative masonry wall, with landscaping for aesthetic purposes.

(9)

All driveways accessing any antenna facility site or equipment storage site shall be constructed of an all-weather hard surface as approved by the director of public works.

(10)

Lights. No auxiliary or outdoor lighting shall be allowed on antennas located on residentially zoned property except such lights or lighting as may be required by the Federal Aviation Administration or the Federal Communications Commission.

(11)

Construction standards. A building permit must be obtained prior to the construction and/or installation of a tower, antenna, or mast. Towers must be installed as per the manufacturer's recommendations or under the seal of a registered professional engineer of the state.

(12)

Maintenance. Antennas obviously not in use or obviously in need of maintenance as determined by the building official, shall be removed or brought into compliance within 30 days following notice given by the building official. This shall not preclude immediate action by the building official to safeguard life, limb, health, property, and public welfare.

(13)

No part of an antenna, antenna facility, or any attachment thereto may extend beyond the property lines of the owner of such antenna.

(14)

No permit shall be issued for the installation of an antenna facility on a structure or property, unless a notarized statement of permission from the owner is presented to the building department.

(15)

All antennas or antenna facilities shall be subject to an inspection every five years by a qualified expert. Such inspection may be conducted and charged for by the city in accordance with provisions in the building code.

(e)

Commercial or industrial zoned districts. Radio, television, microwave broadcast relay, receiving towers, transmission, and retransmission facilities, satellite receive-only earth stations (home dish antenna), and any electronic emission equipment of a commercial nature shall be allowed in the CF, GU, LB, GB, C, or I zoning districts; if it complies with the following regulations:

(1)

Only one antenna facility per premises.

(2)

Antenna facilities shall be limited to building-attached and monopoles only.

(3)

An antenna facility, exclusive of the height of any attached antenna, shall not exceed 35 feet in height. Provided, however, that an antenna facility shall be permitted additional height at the ratio of one added foot in height for each additional foot of setback beyond the minimum setback required of an accessory building in the zoning ordinance. Regardless of the above, the maximum height for an antenna facility permitted without a special exception in any CF, GU, LB, GB, C, or I district shall be 65 feet.

(4)

The height of an antenna, including the height of any antenna facility to which they may be fastened or attached shall not exceed 65 feet in height without a special exception.

(5)

An antenna not fastened to an antenna facility shall not exceed 50 feet, except for an antenna which does not extend more than eight feet above a building to which it is attached.

(6)

An antenna facility shall be limited to having the number and size of antennas attached to it that are allowed by the antenna facility manufacturer's designs and specifications for maximum wind load requirements.

(7)

Setbacks.

a.

Antennas and antenna facilities shall not be permitted in front or side yards.

b.

Antennas and antenna facilities shall be set back from residential districts a minimum distance equal to two times the height of the tower, but in no instance shall the setback be less than 200 feet from any residentially zoned district.

(8)

Separation. There shall be no minimum or maximum separation requirements for antenna facilities from other structures on the same lot of record. With the exception of structure-mounted antenna, there shall be a separation of 1,500 feet from antenna facilities.

(9)

Antenna facilities shall not be permitted in any easement.

(10)

Lights. No auxiliary or outdoor lighting shall be allowed on antennas located on residentially zoned property except such lights or lighting as may be required by the Federal Aviation Administration or the Federal Communications Commission.

(11)

Construction standards. A building permit must be obtained prior to the construction and/or installation of a tower, antenna, or mast. An antenna facility must be installed as per the manufacturer's recommendations or under the seal of a registered professional engineer of the State of Texas.

(12)

Maintenance. Antenna facilities and antennas obviously not in use or obviously in need of maintenance as determined by the building official, shall be removed or brought into compliance within 30 days following notice given by the building official. This shall not preclude immediate action by the building official to safeguard life, limb, health, property, and public welfare.

(13)

No part of an antenna facility and antennas or any attachment thereto may extend beyond the property lines of the owner of such antenna or antenna facility.

(14)

No permit shall be issued for the installation of an antenna or antenna facility on a multifamily structure or property unless a notarized statement of permission from the owner is presented to the building department.

(15)

All antennas or antenna facilities shall be subject to an inspection every five years by a qualified expert. Such inspection may be conducted and charged for by the city in accordance with provisions in the building code.

(16)

A special exception must be obtained from the zoning board of adjustment for any antenna or tower which does not comply with the regulations specified hereinabove. See section 115-34(e), Authorized special exceptions.

(f)

Written report upon denial of request. The city shall document any denial of a request to place, construct, or modify personal wireless service facilities in writing. Such documentation shall be supported by substantial evidence within the written record.

(g)

Satellite receive-only antennas, generally. Satellite receive-only antennas assist individuals in the receipt of satellite transmitted television signals. Satellite receive-only antennas shall not be deemed violations of this chapter when made under the conditions herein provided. Such conditions are hereby found to be reasonable and clearly defined health, safety and aesthetic objectives. A satellite receive-only antenna shall be allowed if it complies with the following:

(1)

The satellite receive-only antenna is two meters or less in diameter and is located or proposed to be located in any area where commercial or industrial uses are generally permitted by non-federal land use regulations; or

(2)

The satellite receive-only antenna is less than one meter in diameter in any residential zoning district.

(h)

Satellite receive-only antennas greater than one meter in diameter in residential districts and two meters in diameter in commercial or industrial districts. Satellite receive-only antennas shall be allowed in any zoning district if it complies with the following regulations:

(1)

Only one satellite receive-only antenna per lot of record.

(2)

A satellite receive-only antenna shall not exceed ten feet in height.

(3)

Setbacks.

a.

Front and side. Satellite receive-only antennas shall not be permitted in front or side yards.

b.

Rear. Satellite receive-only antennas shall be permitted in rear yards provided they meet the minimum setback as is required for accessory buildings in residential districts and as for all buildings in nonresidential districts.

(4)

Separation. There shall be no minimum or maximum separation requirements for satellite receive-only antennas from other structures on the same lot of record.

(5)

Satellite receive-only antennas shall not be permitted in easements.

(6)

Lights. No auxiliary or outdoor lighting shall be allowed on satellite receive-only antennas except such lights or lighting as may be required by the Federal Aviation Administration or the Federal Communications Commission.

(7)

Construction standards. A building permit must be obtained prior to the construction and/or installation of a satellite receive-only antenna. Satellite receive-only antennas must be installed as per the manufacturer's recommendations or under the seal of a registered professional engineer of the state.

(8)

Maintenance. Satellite receive-only antennas obviously not in use or obviously in need of maintenance as determined by the building official shall be removed or brought into compliance within 30 days following notice given by the building official. This shall not preclude immediate action by the building official to safeguard life, limb, health, property and public welfare.

(9)

No part of a satellite receive-only antenna or any attachment thereto may extend beyond the property lines of the owner of such satellite receive-only antenna.

(10)

No permit shall be issued for the installation of a satellite receive-only antenna on a multifamily structure or property unless a notarized statement of permission from the owner is presented to the building department.

(11)

All satellite receive-only antennas shall be screened from view from adjoining properties by solid fencing or evergreen plants. A satellite receive-only antenna located within a fence surrounding the yard in which the satellite receive-only antenna is located shall be considered to be screened.

(i)

Special exception. A special exception must be obtained from the zoning board of adjustment for any satellite receive-only antenna or antenna facility which does not comply with the regulations specified hereinabove. In considering whether to grant a special exception from the regulations specified above, the zoning board of adjustment shall consider the following:

(1)

The effect on the value of the surrounding property.

(2)

The potential for interference with the enjoyment of the use of surrounding properties.

(3)

Aesthetics.

(4)

The necessity of the special exception for the public health, safety and welfare of the citizens or for governmental purposes.

(5)

The zoning district and the adjoining zoning districts of the property for which the special exception is sought.

(6)

The provisions of 47 CFR 25.104 which preempt local zoning or other regulations that differentiate between satellite receive-only antennas and other types of antenna facilities unless such regulations:

a.

Have a clearly defined health, safety, or aesthetic objective; and

b.

Furthers the stated health, safety, or aesthetic objective without unnecessarily burdening the federal interest in ensuring access to satellite services and in promoting fair and effective competition among competing communications service providers.

(7)

The unique conditions that govern reasonable reception on any given lot.

(8)

To properly evaluate all applications to locate antennas or towers which do not comply with the regulations specified hereinabove the following information must be provided by the applicant:

a.

Describe the nature of the antenna site. Indicate whether the proposed structure is a monopole or mounted to a self-supporting structure. Indicate the proposed height.

b.

Provide photos or drawings of all equipment, structures, and antenna.

c.

Describe why the antenna or tower is necessary.

d.

State the names of the telecommunications providers or other users of the antenna or tower and describe the use to be made by each user.

e.

Indicate if this antenna or tower site is to be connected to other sites, and if so, describe how it will be connected and who will be the backhaul provider.

f.

The applicant must address whether or not they have made an effort to co-locate the facilities proposed for this antenna or tower on existing towers or facilities in the same general area. Identify the location of these existing sites, and describe in detail these efforts and explain in detail why these existing sites were not feasible. Attach all studies or tests performed which demonstrate why the existing sites will not provide sufficient signal coverage. Provide written documentation from existing sites owners and/or operators which confirm the statements provided. Indicate whether or not the existing sites allow/promote co-location and, if not, describe why not.

g.

Indicate whether or not co-location will be allowed to other telecommunications providers at the requested site. If they are not allowed, state every reason and the basis for each reason.

h.

If the requested location is in a residential district the applicant must address whether or not they have made an effort to locate the facility in a commercial or industrial district. Identify the location of these commercial and/or industrial district sites, describe in detail these efforts, and explain in detail why these commercial or industrial district sites were not feasible. Attach all studies or tests performed which demonstrate why the commercial or industrial sites will not provide sufficient signal coverage. Provide written documentation from commercial or industrial district sites owners and/or operators which confirm the statements provided.

i.

Indicate the proposed provider's current coverage area for the city. Attach maps showing the areas the proposed provider's existing antenna currently cover, the areas the applicant's existing sites and other existing sites would cover, and the areas the applicant's existing sites and the requested site would cover.

j.

Describe the applicant's master antenna and tower plan for the city. Attach maps and other related documentation. Provide information indicating each phase of the plan.

k.

Describe the applicant's plan to minimize the number of telecommunications antenna and towers needed to cover the city.

(9)

The zoning board of adjustment will approve a requested application subject to the finding that co-location of this facility with a nearby existing tower facility is technically not feasible and subject to the following conditions:

a.

Applicant will permit co-location of others at the site;

b.

Applicant will configure its antenna and other equipment to accommodate other providers;

c.

Applicant will identify its backhaul provider connecting antenna sites; and

d.

Applicant will give notice to the city identifying any provider who co-locates to the site and identify their backhaul provider.

(Code 2001, § 14.503; Code 2010, § 14.05.003)

(a)

Purpose. The purpose and intent of this section is as follows;

(1)

Stabilizing ecological balance. To aid in stabilizing the environment's ecological balance by contributing to the processes of air purification, oxygen regeneration, groundwater recharge, and stormwater runoff retardation, while at the same time aiding in noise, glare and heat abatement.

(2)

Retention of native vegetation. To ensure that the local stock of native trees and vegetation is retained and replenished.

(3)

Adequate light and air. To assist in providing adequate light and air and in preventing overcrowding of land.

(4)

Visual buffering. To provide visual buffering and enhance the beautification of the city.

(b)

Landscaping standards for one- and two-family dwellings.

(1)

All one- and two-family dwellings shall have installed not less than 14 locally adapted shrubs and two-inch caliper locally adaptable large trees to be located within the front yard. All lawns shall be hydro mulched or block sodded covering 100 percent of the front and side yards. Such required landscaping shall be in a thriving condition at the time of final inspection of the main structure.

(2)

Right-of-way.

a.

Landowners are encouraged to install and maintain turf grass native to the North Texas region in nonpaved publicly owned street rights-of-way abutting their land; provided, however:

1.

Removal of landscaping. The city may at any time remove or require the landowner to remove any landscaping located within any right-of-way or public easement for the purpose of public safety, access to utilities and to perform any public improvements within said right-of-way or public easement.

2.

Landowners are prohibited from planting shrubbery, trees, or ornamental trees in publicly owned right of-way areas. This prohibition shall not apply to shrubbery, trees and ornamental trees already in place in the public right-of-way prior to the enactment of this section. This prohibition shall also not apply to permanent structures authorized by the zoning ordinance or to traffic-control, signs and signals, street signs, or utility poles placed within the right-of-way area by duly authorized personnel.

3.

In connection with shrubbery, trees, or ornamental trees already in place in the public right-of-way areas prior to the enactment of this section, it shall be unlawful to maintain, or permit or cause to be maintained any tree, shrub, or plant within any right-of-way area, including within the intersection visibility triangle, which would interfere with the vehicular traffic on any adjacent or any intersecting street, obscure the view of persons lawfully operating motor vehicles on any adjacent or intersecting streets or interfere with or obstruct the accessibility or passage by pedestrians on public sidewalks.

(c)

Landscaping standards for buildings and structures other than one- or two-family dwellings.

(1)

Area required. On all lots, not less than 15 percent of the area of the front and side yards visible from an adjacent street shall be landscaped area. All of the required landscaped areas shall be located in the front and side yards visible from an adjacent street and parking lots.

(2)

Trees required. At least one large tree of at least three inches in diameter and 12 feet in initial height shall be provided as follows:

a.

Street yards fess than 10,000 square feet. In front and side yards visible from the adjacent street totaling less than 10,000 square feet, one tree per 1,000 square feet, or fraction thereof, of the street yard.

b.

Street yards more than 10,000 square feet. Infront and side yards visible from adjacent street totaling more than 10,000 square feet, ten trees plus one per 2,000 square feet, or fraction thereof, of the street yard.

c.

Credit for existing trees. An existing or planted tree of at least six inches in diameter and at least 15 feet in height shall be considered as two trees for purposes of satisfying this requirement. All newly planted trees shall be planted in permeable areas of not less than three feet in diameter.

d.

Ornamental trees. In lieu of one large tree, two small or ornamental trees (as listed on the plant list contained herein) may be used. Said small trees shall be a minimum of six feet in height at the time of planting. Not more than 50 percent of the required large trees may be substituted by installing ornamental trees at a rate of two ornamental trees to one large tree.

e.

Right-of-way. No trees shall be planted in the right-of-way.

(3)

Shrubbery required. Not less than one shrub shall be required for every 50 square feet of the area required to be landscaped. Placement of such shrubbery shall be taken into consideration as to the plant at full maturity, and be located in the right-of-way or so as not to conflict with vehicular or pedestrian traffic visibility.

(4)

Groundcover required. Not less than ten percent or more than 40 percent of the landscape shall be maintained in groundcover. The remaining landscaped area shall be maintained in lawn grasses and mulch used around bedding plants, shrubs and trees. All groundcover areas shall be kept clear of weeds and undergrowth.

(5)

Parking lots and vehicular use areas. A minimum amount of the total area of all vehicular use areas shall be devoted to landscaped islands, peninsulas, or medians.

a.

Street and yard area. The minimum total area In such islands, peninsulas, and medians in the street yard shall be 90 square feet for each 12 parking spaces. Landscape islands, peninsulas, and medians located in the street yard may be included in calculating the minimum required landscape in the street yard.

b.

Nonstreet yard area. The minimum total area in such islands, peninsulas, and medians in the nonstreet yard shall be 60 square feet for each 12 parking spaces.

c.

Distribution of islands, medians and peninsulas. The number, size, and shape of islands, peninsulas, and medians, in both street and nonstreet yards shall be at the discretion of the applicant. All required islands, peninsulas, and medians shall be more or less evenly distributed throughout such parking areas, respectively. However, the distribution and location of landscaped islands, peninsulas, and medians may be adjusted to accommodate existing trees or other natural features so long as the total area requirements for landscaped islands, peninsulas and medians for the respective parking areas above is satisfied.

d.

Construction and landscaping of islands, medians, and peninsulas. Whenever the design and construction of islands, medians, and peninsulas permits, the same shall be landscaped with grass, shrubbery, or groundcover, and construction of the same in solid concrete or blacktop should be avoided whenever possible.

(6)

Indiscriminate clearing prohibited. The existing natural landscape character (especially native oak, elm, and pecan trees) shall be preserved to the extent reasonable and feasible. In an area of the street yard containing a stand of trees, the applicant shall use good faith efforts to preserve such trees. In determining compliance with this subsection, the director of public works shall consider topographical constraints on design, drainage, access and egress, utilities, and other factors reasonably related to the health, safety, and welfare of the public which necessitated disturbance of the existing natural character, the nature and quality of the landscaping installed to replace it, and such other factors as may be relevant and proper. Indiscriminate clearing or stripping of the natural vegetation is prohibited.

(7)

Irrigation. All required landscaping shall be irrigated by an underground irrigation system approved by the administrator.

(8)

Erosion control. All impervious areas shall be maintained with groundcover and shrubbery in a manner to control erosion.

(9)

Protection. All required landscaped areas which are adjacent to the pavement shall be protected with concrete curbs or equivalent barriers (such as railroad ties, continuous border plants, or hedgerows).

(10)

Parking lot lighting. Landscaping provided in vehicular and pedestrian use areas shall be designed so that the maturing of the landscaping will not conflict with the lighting scheme.

(11)

Recommended plants. All plants used to satisfy this chapter shall be a species common or adaptable to this area of Texas. The following is a list of recommended plant material type. The applicant may propose plants other than those listed if the plant is appropriate for the intended use.

RECOMMENDED PLANTS

Large Trees

Small Trees

Shrubs

Groundcovers

(d)

Approval procedures.

(1)

Landscape plan required. A landscape plan shall be required containing the following information:

a.

Date, graphic scale, north arrow, title and name of applicant/owner.

b.

Location of existing boundary lines and dimensions of the tract.

c.

Approximate centerline of existing watercourses; location of significant drainage features; and the location and size of existing and proposed streets, alleys, utility and emergency access easements and sidewalks.

d.

Location, size, and type (tree, shrub, groundcover, or grass) of landscaping in proposed areas and location and size of proposed landscaped areas.

e.

Location and species of existing trees having trunks of six inches or larger in diameter and the approximate size of their crowns.

f.

Information necessary for verifying the required minimum amount of landscaped area.

g.

Plans for protecting retained existing trees from damage during construction.

h.

Location and size of the proposed irrigation system.

(2)

Professional requirement. Landscape plans for projects which incorporate more than two acres of lot area shall be prepared and signed by a licensed professional landscape architect. All irrigation plans shall be prepared and signed by a licensed irrigator or other professional authorized to design such system.

(3)

Plan approval. Landscaping and irrigation shall be installed in accordance with plans upon review and approval by the director of public works. Should the director of public works deny a landscaping scheme for noncompliance with the requirements, the applicant may, within seven days of the decision, appeal that decision to the zoning board of adjustment.

(4)

Fee required. An inspection fee in an amount set by city council resolution shall be collected by the director of public works at the time of application for a building permit.

(5)

Fiscal arrangements. If, at the time of an application for a certificate of occupancy, required landscaping is not yet in place for seasonal consideration, the applicant shall make fiscal arrangements (by bond, certificate of deposit or letter of credit) satisfactory to the city in the amount of $2.00 per square foot of required landscaping not yet in place to ensure that such shall be installed. Any applicant making such fiscal arrangements shall also grant to the city authority to enter upon the land for the purpose of installing the required landscaping in the event that such landscaping is not installed by the applicant within nine months. Such fiscal arrangements shall be for a period of not less than 12 months.

(e)

Screening requirements.

(1)

Applicability. These regulations shall apply to all land within the city. Such screening regulations shall become applicable upon any change of use, ownership, occupancy or at such time as a building permit is applied for, except as otherwise specified by this chapter.

(2)

Types of screening (in general). Where required, screening fences and walls shall be erected to a height not less than six feet and provide a visual barrier from adjacent properties and streets. Such screening shall be permanently and adequately maintained by the owner of the property on which the screening is required. Except for the landscape buffer, no screening fence or wall shall have more than 40 square inches of openings over any one square foot of fence or wall surface. Only the following types of screening shall qualify as meeting the requirements of this chapter:

a.

Landscaped buffer. This type of screening shall consist of a landscaped strip of not less than five feet in width and shall include hedge-like shrubbery of evergreen planting materials capable of obtaining a minimum height of six feet within the first three years of initial planting. Such evergreen planting materials shall be planted at a minimum spacing of four feet on centers and be a minimum height of two and one-half feet at initial planting. An automatic underground drip irrigation or sprinkler system shall be provided for all required landscaped buffer screens. Any landscaped buffer required by this chapter shall be maintained in a healthy thriving condition.

b.

Fencing regulations.

1.

Fencing shall consist of wood panel, brick, rock, stone, wrought iron, fiberglass, vinyl, galvanized chain link, and wood composite material. The public works director may approve other materials provided the material is expressly designed for fence installation and is resistant to sunlight and moisture.

2.

Fences shall not exceed eight feet in height.

3.

Newly constructed fences, or existing fences being repaired or replaced, shall be constructed with minimum 13 gauge metal posts for vertical supports. Hollow metal posts shall be capped. Wrought iron posts that are three inches square by 12 gauge, two and one-half inches square by 14 gauge, or two and one-half inches square by 13 gauge may also be used. Posts shall be set in concrete at least two feet in the ground. Metal posts shall be filled with concrete two feet above ground for fences that are eight feet in height.

4.

Wood fences may be stained or have a clear sealer applied. Fiberglass, wrought iron, wood composite or vinyl fencing shall be a color compatible with the adjoining structures and shall be a subdued color to blend with surrounding neighborhood previously approved by the director of public works. When erected on residential property, painted wooden fences, fiberglass fences, or vinyl fences shall require the prior written approval of the director of public works to ensure compliance with city codes.

5.

Fencing shall have the finished side facing out, with the posts placed inside, when facing public property, when facing a public thoroughfare, or when accessible to public view.

6.

When a screen fence is required by ordinance in an LB Local Business District, GB General Business District, or C Commercial District, a masonry wall may be used. Where required, screening fences and walls shall be erected to a height of not less than six feet and shall provide a visual barrier from adjacent properties and streets.

7.

No fence or enclosure shall extend closer to any street right-of-way than the building line in front, building line definition, being the front of the building or structure. On corner lots, the fence may not extend closer than 13 feet from the back of the curb or three and one-half feet setback behind property line when no sidewalk is present. Exception: Fences existing at a distance less than 13 feet from the back of the curb at the passing of this section may be replaced or repaired in the same location with approval from the director of public works or his/her designee.

8.

No fence or gate shall be allowed to open, or front a channel, from an entrance from or to a side or back yard.

9.

Fence gates shall not be constructed for access to a yard from a street without an approved drive approach.

10.

Where side or rear lot lines of newly constructed residential or commercial property coincide with an adjacent street, a minimum six-foot masonry fence or wall is required as described below.

11.

Masonry fences or walls shall be:

(i)

Compatible in color with the adjoining structures and subdued in color to blend with the surrounding neighborhood;

(ii)

Designed by an engineer licensed by the state; and

(iii)

Properly engineered to withstand wind load, special load conditions and

12.

All fences shall be maintained in a good condition by the property owner including compliance with the following standards:

(i)

The fence must be free of damage, breaks or missing components or parts;

(ii)

Fence posts and rails with evidence of significant rot or deterioration must be replaced to keep the fence safe and prevent catastrophic failure;

(iii)

Retaining walls in front yards shall only be allowed when grades exceed a five to one or 20 percent slope ratio. All walls along front property lines shall be set back a minimum of one foot from the property line. No part of wall or additional structure shall extend higher than six inches above top wall ground elevation.

(iv)

Fences, retaining walls, and decorative walls that lean more than 15 degrees from vertical, buckling, sagging or deteriorating must be repaired or replaced with materials and color similar to its original construction; and

(v)

Loose brick, stone, rock, mortar or similar materials on masonry walls and barriers shall be rebonded or similarly repaired.

c.

Prohibited fencing. Prohibited fencing includes, but is not limited to, plywood, corrugated metal, chicken wire, cardboard, barbed wire, or electrical fences.

d.

Swimming pool, spa, and hot tub fences. A six-foot permanent fence, wall, or bolted screen enclosure must be erected and maintained so as to completely enclose each swimming pool, spa, or hot tub. The fence, wall, or bolted screen enclosure must be constructed and equipped with a self-closing and latching gate, and equipped to accommodate a locking device that shall be located on the pool side of the gate, which must be locked when the swimming pool, spa, or hot tub is not in use. It shall be an affirmative defense to this section that a residential swimming pool has a power safety cover or that a spa or hot tub has a safety cover complying with ASTM F1346.

e.

Fence permits. It is unlawful for any person to construct, replace, or cause to be constructed or replaced, a fence without first obtaining a fence permit from the public works department. It is an affirmative defense to this section that the person is repairing or partially replacing a residential fence that does not exceed 16 lineal feet due to deterioration or damage and it is determined by the public works department that a permit is not required. Fence permit fees will be based on the cost of construction per table 1-A in section 12-103.

f.

Fence maintenance. So as not to be detrimental to public health and safety, all fences shall be maintained by the property owner or lessee and shall be kept clean and free from all hazards including, but not limited to, faulty and loose fastenings, nails, missing panels, missing boards, fiberglass panels, or missing/damaged sections. The director of public works shall be vested with authority to extend the time necessary for fence repairs not to exceed a period of 90 days from the time that the need for repair occurs.

g.

Ribbed metal panel frame. A ribbed metal panel fence shall be suitably finished to blend with the primary structure and shall be erected on a structurally sound metal frame set in concrete. When a ribbed metal panel fence is required, a masonry wall described below may be used.

h.

Masonry wall. A masonry fence or wall shall be constructed with the finish side out and of any of the following materials: native stone, brick, precast concrete panels with decorative finish, or decorative masonry unit. In no case shall more than 25 percent of the area of the wall be erected with common smooth-faced masonry units.

(3)

Screening required between uses and similar districts. Screening between an incoming use and a less intensive zoning district shall be provided prior to occupancy of the incoming use. Uses not specifically listed shall comply with the screening requirements for the listed use it most closely resembles. Said screening shall comply with the following table:

MINIMUM SCREENING
BETWEEN USES AND DISTRICTS INCOMING USE

(4)

Trash collection areas other than single-family or two-family uses. No trash collection areas shall be located within the required front or street side yard or within ten feet of any property zoned for residential purposes. Trash collection areas shall be screened from adjacent properties and streets on a minimum of three sides with a screening fence meeting the standards of section 115-ll7{e), screening fence. If the trash receptacle is to be a dumpster, it shall have wheel stops or bollards on all four sides to contain the dumpster and be located a minimum of two and one-half feet inside the screening fence or wall. Said wheel stops shall be securely affixed to the pavement and shall be spaced to allow for drainage. A concrete pad shall be contained within the screened area and extend not less than 12 feet in front of the screen. Said concrete pad shall be not less than six inches thick and made of 3,000 psi concrete with number three rebar placed at 18 inches on center. Additionally, each screened area shall have constructed adjacent thereto a concrete approach ramp not less than six inches thick and made of 3,000 psi concrete with number three rebar placed at 12 inches on center.

(f)

Open storage and use areas.

(1)

Applicability. This landscape section shall apply to all land within the city upon the effective date. Planned development, specific use permits, or other, plans approved by city council specifically authorizing outside sales, storage, or display shall be permitted in accordance with the provisions established at approval.

(2)

Residential uses. In all residential districts, no open outside accessory storage or display of materials, commodities, or machinery shall be permitted, other than that which is incidental to the primary use of the property as a residence. Incidental storage is permitted behind the main structure provided the area devoted to storage is not more than 60 percent of the required rear yard. Said area shall be kept neat and clean and free of all tall grass and weeds, and must be screened from all adjacent properties and streets with a landscape buffer or screening fence as set forth in the preceding subsection. No materials shall be stacked to a height greater than the visual screen. Materials shall not be stored in a manner which would attract or harbor vermin.

(3)

Nonresidential uses. Except as otherwise specifically authorized by this chapter, all outdoor sales, storage, and display areas shall be located behind building lines and shall be screened with a screening fence as set forth in the preceding subsection. Any outside storage or outside use area established after the effective date of the ordinance from which this section is derived shall be screened by a fence as set forth in the previous section unless the screen is visible from a public street, in which case that portion of the screen visible to the street, shall be masonry. Openings for access to the outside storage or outside use area shall be equipped with gates capable of screening the activities and user from view when closed. Such gates shall not be designed to swing outward towards the street. In no case may any materials be stored above the highest point of the screening provided.

(Code 2001, § 14.504; Code 2010, § 14.05.004; Ord. No. 1534, § I, 11-18-2013; Ord. No. 1548, § I(Exh. A), 3-24-2014; Ord. No. 1635, § III, 11-14-2016; Ord. No. 2023-008, § II(Exh. A), 5-8-2023)

As of the effective date of this chapter, any newly constructed carport in the city shall comply with the specifications as outlined in this section. It shall not be necessary for any homeowner to modify a carport that is in existence prior to the date of this section other than as to color as set forth below.

(1)

Appearance. All carports shall match or complement the appearance and color scheme of the adjacent residential structure. It is specifically prohibited to have a carport painted a color which is not compatible with the color of the adjacent residential structure. All carports in place at the time of the passage of this section that are not painted a color that is compatible with the adjacent residential structure must be brought into compliance with the above paragraph within 12 months of the passage and approval of this section.

(2)

Attachment and height. A carport may be attached to a residential structure, or it may be constructed as a detached structure. Carports located in the front or side yard of the residential structure may not exceed eight feet in height. Carports located in the rear yard of a residence may not exceed 14 feet in height. The maximum height of any portion of an attached carport shall also not be higher than the highest point of the residence. A carport which is attached to the residence may not be attached at a point below the height of the eaves.

(3)

Setback.

a.

Carports must be set back from the sidewalk a minimum of five feet or ten feet from the street in yards where there is no sidewalk. Carports must be set back a minimum of five feet from the side yard boundary of the residential lot. Carports may not be constructed so as to obstruct the primary entrance of the residence and may not be located extending from the area of the primary front entrance to the residence.

b.

On residential lots that are located at the intersection of two streets (i.e., corner lots), the rear yard shall consist of that area from the rear corner of the residential structure nearest to the rear property line extending to the rear property line.

(4)

Materials. Carports shall be constructed of metal, wood, and/or masonry materials. Any combinations of these materials must be compatible in both design and color of the existing residential structure. Any use of shingles or roofing material on the carport shall match the roofing material on the residence. If the residence was constructed pursuant to a requirement of 80 percent or greater masonry materials, then a carport constructed in the front of the residence must be constructed with vertical columns of metal, brick or natural stone the same color and tone of the residential structure. A carport constructed of 100 percent metal materials may be located in the front or rear yard of a residence without using masonry columns. All carports shall be constructed pursuant to city codes and ordinances so as to ensure structural integrity subject to approval by the director of public works or his designee.

(5)

Enclosure. Only one of the walls of an attached carport may be enclosed under the provisions of this section. Enclosure of any wall of a carport will require the property owner to comply with all codes and ordinances of the city relating to building and construction.

(Code 2001, § 14.505; Code 2010, § 14.05.005)