(a)

Definitions. For the purpose of this section, the following definitions shall apply:

(i)

Masonry Construction - This term means that form of exterior construction materials including brick, stone, granite, marble, decorative concrete block or tile, other similar building units or materials, or a combination of these materials laid up unit by unit and set in mortar, and shall exclude wall area devoted to doors and windows. As applicable to meeting the minimum requirements for the exterior construction of buildings within each zoning district, this term shall include hard-fired brick, kiln-fired clay or slate materials; stone, including naturally-occurring granite, marble, limestone, slate, river rock, or other similar hard and durable all-weather stone; decorative concrete block; concrete pre-cast or tilt-wall panels; glass blocks or tiles; or stucco. See the definition of Masonry construction for further information.

(ii)

The following materials shall not qualify nor be defined as Masonry Construction in meeting the minimum requirements for the exterior construction of buildings, unless specifically approved by the City's Building Official for single-family or duplex residential structures, or by the City Council on an approved Concept Plan or Detailed Site Plan for single-family attached, multi-family, or nonresidential structures:

1)

Adobe or mortar wash surface material;

2)

Exterior insulation and finish system (EIFS), acrylic matrix, synthetic plaster, or other similar synthetic material;

3)

Cementitious fiberboard siding;

4)

Aluminum, PVC or other plastic-based siding material;

5)

Lightweight or featherweight concrete blocks or cinder blocks; or

6)

Any other cementitious product not listed above.

(iii)

Historic Overlay District - That area generally inclusive of the downtown area that is generally thought of as the City's original development and business area. Certain standards specifically cited within the Zoning Ordinance, and possibly within other applicable City Codes, may differ from those required in newly developing areas of the City due to the original downtown's unique character and history. See the CA zoning district for other development and redevelopment standards.

(b)

Minimum masonry exterior construction standards. The standards and criteria contained within this subsection are deemed to be minimum standards and shall apply to all new building construction occurring within the City or as otherwise required in this Ordinance for changes of use, expansions of non-conformities, or other applicable building modifications.

(i)

Application Requirements: Any application for the use of masonry materials that is not otherwise permitted by this Zoning Ordinance shall require the following:

1)

Site Plan. All requests for the use of masonry materials shall be submitted to the City in writing on an application form available in the Building and Community Services Department office, and shall be noted and described on an Administrative Site Plan. See site plan detail requirements in Section 7.01 of this Ordinance. A building permit shall be required for any development wherein the use of masonry materials is proposed in accordance with this section of the Zoning Ordinance.

2)

Building Façade Plan. The architectural style and scale of a proposed single-family or two-family dwelling unit shall be submitted in the form of scaled drawings with proposed four façade elevations. This submission shall be submitted with and shall be a component of the Administrative Site Plan or building permit application.

a)

If the proposed use of masonry materials is for more than one dwelling unit, the applicant shall provide at least six (6) façade drawings that are representative of the overall style and scale of the dwelling units within the development. If the use of masonry materials is approved, these drawings will serve as examples of what the City anticipates for the overall development, and the applicant shall be expected to meet a similar level of quality in the design of single-family homes and/or townhomes that are not individually represented in the examples.

b)

The Building and Community Services Department may require actual samples of any proposed masonry products and the actual colors to be used. Such samples shall be submitted as part of the Building Façade Plan.

3)

Quality Control. Any question as to whether the durability or installation of the masonry materials is in accordance with this section of the Zoning Ordinance, and/or with the City's Building Code, shall be determined by the City's Building Official. The appropriateness of the application in terms of quality shall be determined as part of Administrative Site Plan or Building Façade Plan approval.

a)

If the Building Official deems the installation insufficient to meet the City's Building Code or the manufacturer's written specifications and requirements (including spirit and intent) of these regulations, then no Certificate of Occupancy shall be issued unless and until the installation is deemed satisfactory. Any appeal of this decision may be made to the Planning and Zoning Commission. If denied by the Planning and Zoning Commission, may be further appealed to the City Council.

b)

The method of painting or color application, including the type of paint and materials to be used, must be approved as part of the Administrative Site Plan and related Building Façade Plan.

(ii)

Single-Family and Duplex Residential:

1)

All residential buildings and structures located in a residential zoning district, except RR, shall be constructed in such manner to include Masonry Construction covering at least seventy-five (75) percent of the total exterior walls above grade level, including roof overhang, excluding doors and windows. All construction shall also be performed in accordance with the City's building code and fire prevention code. Strict adherence to this rule shall not be such as to prevent architectural creativity. Cementitious planks, panels, fiberboards, PVC or plastic siding, exterior insulation and finish systems (EIFS), and similar wood or non-wood materials shall not be allowed to count toward the seventy-five (75) percent Masonry Construction requirement, except as outlined in Section 5.01(c). Stucco, if applied in accordance with industry standards as approved by the Building Official, may qualify as brick or masonry. All residential buildings and structures with an exterior wall facing a public right of way greater than a Type F Minor Street, as defined in the City of Waxahachie Comprehensive Plan, must include masonry construction covering at least one hundred (100) percent of the total exterior walls above grade level, including roof overhang, excluding doors and windows. This includes exterior walls which are screened from the roadway by a perimeter screening wall.

2)

Concrete, concrete block, or metal exterior construction is not permitted on any single-family or duplex residential structure.

3)

Roof materials for a single-family or duplex structure shall be comprised of one of the following:

a)

Laminated, three-dimensional appearance composition architectural shingle with a thirty (30) year minimum;

b)

Flat pan standing seam metal roofing with only a factory baked-on muted color finish. No bright colors or natural-colored metal roofing is allowed; or

c)

Terra cotta or slate tile in muted colors.

4)

Front Entry Walkways:

a)

A hard surface walkway with a minimum improved width of three (3) feet must be constructed from the sidewalk or driveway to the front door of each primary structure.

b)

Walkways may be surfaced with concrete, pavers, laid bricks, or any other such material and in accordance with City standards.

5)

Front Covered Porches:

a)

Front covered porches shall be required for seventy-five (75) percent of all dwelling units within each subdivision.

b)

These covered porches must meet the following minimum criteria:

i)

A front covered porch that is permanently attached to, and is an integral part of the primary structure, shall be constructed of like and similar materials to those of the primary structure. Alternative materials, i.e., cedar or other complimentary products, may be approved by the Building and Community Services Department through this Building Façade Plan review process.

ii)

Each front covered porch must include a minimum usable area of forty (40) square feet with a minimum depth of five (5) feet from the primary structure, as measured perpendicular to the front door.

iii)

For existing subdivisions the remaining unbuilt lots and phases will be counted for the application of this requirement.

6)

Garages:

a)

Detached garages shall be constructed of like and similar exterior materials to those used for the primary structure.

b)

All garage structures are to be located twenty-five (25) feet from front property lines and may not constitute more than fifty (50) percent of the total width of the house. If the width of the lot allows, fifty (50) percent of all dwellings shall have garages with at least one of the following designs:

i)

Rear entry;

ii)

J-Swing Drives (front entry); or

iii)

Front entry garage greater than or equal to three (3) feet behind the front building face and not more than five (5) feet forward from the front building face.

7)

Each dwelling unit shall be designed with the following minimum Architectural Requirements:

a)

Architectural Relief:

i)

The outside shape of a dwelling unit shall contain a minimum of five (5) outside corners with a minimum wall length of two (2) feet.

ii)

There shall be no uninterrupted wall length of twelve (12) feet or more on any façade that is visible from a public right-of-way or open space. This standard applies to the front façade on the interior of the lot or the front and side façade facing a street or open space on a corner lot. An interrupted wall can be achieved through a window, brick detail, or offset in the building face, or similar element that breaks the massing of the façade.

iii)

A minimum of sixty (60) percent of total area on first floor of all two-story homes is required.

iv)

Minimum roof pitch shall be at least 7:12, unless otherwise stated in the applicable zoning district or PD ordinance or increased to meet the design elements in Section 5.01 (b)(ii) 7) c).

v)

Each dwelling unit shall be constructed with a roof overhang of not less than twelve (12) inches as measured from the finished exterior building façade to the soffit unless the roof pitch is 8:12 or greater.

b)

Minimum Number of Elevations:

i)

No single building elevation shall be duplicated within six (6) lots or tracts either direction on the same blockface.

ii)

Elevations may not be duplicated on any lot directly across a street or within four (4) lots either direction.

c)

Minimum Number of Design Elements: A minimum of six (6) of the elements identified below in must be incorporated into the design of each dwelling unit unless the house has incorporated a porch extending the full width of the front building face or the garage is a J-Swing Drive or rear entry. If the house design has incorporated a porch extending the full width of the front building face, then four (4) elements are required and if the garage is a J-Swing Drive or rear entry, then two (2) elements are required.

i)

Multiple pane, divided light, or simulated divided light windows;

ii)

Decorative columns that are a minimum of six (6) inches in diameter;

iii)

Gable with window or other decorative feature;

iv)

Dormer;

v)

Bay windows with a minimum projection of twenty-four (24) inches;

vi)

8:12 roof pitch;

vii)

Two (2) or more exterior masonry materials with each material covering at least twenty-five (25) percent of the exterior surface;

viii)

Split garage doors with a separate door for each vehicle bay);

ix)

Bull nosed gable;

x)

Permanently affixed awning;

xi)

Articulated garage doors, e.g., windows, paneling, other high quality detailing;

xii)

Accentuated brick detailing around garage door with a rowlock or similar detailing;

xiii)

Transom or arch style windows; or

xiv)

Elevated hip roof.

d)

[Front Building Face:] The front building face must contain a minimum of thirty (30) percent of the wall area in windows or doors.

e)

Rooftop Solar Panel Systems:

i)

Must be installed to leave no greater than six (6) inches between rooftops.

ii)

Must match the roof pitch on a pitched roof.

iii)

Screening is required on flat roofs.

iv)

Panels shall not be installed on rooftop elevations facing the front right-of-way.

v)

If the solar panel request is denied by staff, applicant may appeal decision by applying for SUP approval when the request is in a zoning district permitting the placement of solar panels by right.

f)

Ground-mounted Solar Panel Systems must be located behind the primary residence and not visible from the right-of-way.

i)

If the solar panel request is denied by staff, applicant may appeal decision by applying for a SUP for approval when the request is in a zoning district permitting the placement of solar panels by right.

(iii)

Multi-Family and Single-Family Attached Residential:

1)

All principal buildings and structures located in an MF Zoning District or located within another Zoning District and constructed for Multi-Family use, shall be constructed in such manner to include Masonry Construction covering at least ninety (90) percent of the total exterior walls, excluding doors and windows. All construction shall also be performed in accordance with the city's building code and fire prevention code.

2)

Concrete, concrete block, or metal exterior construction is not permitted on any multi-family or single-family attached residential structure.

3)

Roof materials for a multi-family or single-family attached structure shall be comprised of one of the following:

a)

Laminated, three-dimensional appearance composition shingle with a 30-year minimum;

b)

Flat pan standing seam metal roofing with only a factory baked-on muted color finish. No bright colors or natural-colored metal roofing are allowed.; or

c)

Terra cotta or slate tile in muted colors.

4)

Roofing:

a)

Minimum roof pitch shall be at least 7:12, unless otherwise stated in the applicable zoning district or PD ordinance.

b)

Santa Fe style roofs, with a flat roof and highly articulated parapet that conceals the roof and any roof-mounted equipment, may be acceptable.

c)

Texas Ranch-House style, with low pitched roofs, large eaves/overhangs, rambling design, or other uniquely styled architecture, may be acceptable.

(iv)

Nonresidential and Institutional Buildings:

1)

All nonresidential and institutional buildings in any Zoning District, except FD, LI1, LI2, HI, and AP, shall have a minimum of ninety (90) percent Masonry Construction below the first floor ceiling plate.

a)

The minimum Masonry Construction required above the first floor ceiling plate is eighty (80) percent.

b)

The Masonry Construction shall be equally distributed around all sides of the building.

2)

In the FD, LI1, LI2, HI, and AP Zoning Districts:

a)

Any exterior façade of a building that faces, or is visible from, a public street shall meet the same Masonry Construction requirements as the front building plane.

b)

All other façades that are not facing, or visible from, a right-of-way shall consist of not less than fifty (50) percent Masonry Construction for all stories.

3)

Areas of a façade that are devoted to windows, doors, covered porches, stoops, breezeways, or courtyards shall not be counted as "wall surface" when calculating the Masonry Construction requirement.

4)

Metal exterior construction is not allowed on any nonresidential or institutional structure located within any Zoning District except FD, LI1, LI2, HI, or AP.

a)

The building façade containing the metal construction must not face or be visible from an existing or planned public right-of-way, as identified on the City's Thoroughfare Plan or plat records.

b)

As exceptions to Section 5.01(b)(iv)4):

i)

If the structure is located on a through lot that both fronts and backs onto a right-of-way, and if the structure's rear façade is located more than one thousand (1,000) feet from the right-of-wat, then the rear façade can be of metal exterior construction.

ii)

If the structure is on a corner lot, which fronts and sides onto two rights-of-way, the front and side façades cannot be metal exterior construction unless approved on the site plan.

c)

The use of any type of metal for exterior building construction, such as profiled panels, deep ribbed panels, concealed fastener system panels, or similar materials, shall be clearly shown on the Administrative Site Plan, and shall only be allowed with site plan approval.

i)

The exterior finish of metal used in exterior construction shall be of a permanent, maintenance-free nature such as a baked-on finish.

ii)

The use of corrugated, galvanized, aluminum-coated, zinc-coated, unfinished, or similar metal surfaces shall be prohibited, unless approved on the site plan for a restaurant that uses such materials as part of its "signature design aesthetic," in which case a maximum of ten (10) percent of any wall façade may be devoted to such materials.

5)

Roof materials for any nonresidential or institutional structures that are visible from a right-of-way shall be comprised of the following:

a)

Laminated, three-dimensional architectural composition shingle with a 30-year minimum;

b)

Flat pan standing seam metal roofing with only a factory baked-on muted color finish. No bright colors or natural-colored metal roofing is allowed; or

c)

Terra cotta or slate tile in muted colors.

d)

Minimum roof pitch shall be at least 6:12, unless otherwise stated in the applicable zoning district or PD ordinance, and except for flat-roofed structures that shall have a highly articulated parapet that conceals the roof and any roof-mounted equipment.

e)

Rooftop solar panel systems

i)

Must be installed to leave no greater than six (6) inches between rooftops.

ii)

Must match the roof pitch on a pitched roof.

iii)

Screening is required on flat roofs.

iv)

Panels shall not be installed on elevations facing a right-of-way.

6)

Applicable to all nonresidential development:

a)

Horizontal Articulation. No building wall shall extend for a distance equal to three (3) times the wall's height without having an off-set equal to twenty-five (25) percent of the wall's height, and that new plane shall extend for a distance equal to at least twenty-five (25) percent of the maximum length of the first plane.

b)

Vertical Articulation. No horizontal wall shall extend for a distance greater than three (3) times the height of the wall without changing height by a minimum of twenty-five (25) percent of the wall's height.

7)

Applicable to all commercial and retail settings and uses:

a)

All buildings shall be designed and constructed in tri-partite architecture so that they have a distinct base, middle, and top.

b)

External Façade Materials: In addition to the minimum Masonry Construction requirement, the following specific materials shall be used to construct all exterior walls of buildings and parking structures that are visible from a right-of-way, public walkway, or open space:

i)

Ground floor: Excluding windows, doors, and other openings, the exterior façade(s) shall be constructed of one hundred (100) percent brick, natural stone, or cast stone.

ii)

Overall: A minimum of ninety (90) percent of entire exterior façade(s),excluding windows, doors, and other openings, shall be constructed of brick, natural stone, or cast stone. The brick, natural stone, or cast stone shall continue around corners a minimum of eight (8) feet. Portland cement stucco may account for up thirty (30) percent of this requirement.

iii)

EIFS shall be used only for architectural features or embellishments that are not subject to pedestrian contact.

iv)

Unpainted metal or metal subject to ordinary rusting, shall not be used as a building material. Factory finished metal elements as well as metals that develop an attractive oxidized finish, such as copper, galvanized metal, stainless steel or weathering steel, may be used as architectural accents by administrative approval.

v)

Windows and glazing shall be a minimum of thirty (30) percent and up to a maximum of seventy (70) percent of each building elevation.

vi)

A variation of up to fifteen (15) percent of the standards above, and the material type may be approved administratively via an Administrative Site Plan or building permit, provided that the change will result in an improved architectural design without degrading the quality of public areas or increasing the need for maintenance.

(v)

Exemptions: The following structures are exempt from the masonry construction requirements outlined within this subsection:

1)

Barns on property of two (2) or more acres, provided that such barns are used solely for agricultural purposes and not used for commercial purposes;

2)

Legally nonconforming Mobile homes and HUD-Code manufactured homes;

3)

Historic structures;

4)

Any Planned Development (PD) that specifies requirements that are a specific architectural style or one that specifically calls out requirements that would not be applicable within the PD boundaries;

5)

Accessory buildings within RR, SF1, SF2, SF3, and 2F zoning districts that do not exceed five hundred (500) square feet of floor area;

6)

Accessory buildings (of any size) in the FD zoning district, or in the RR, SF1, SF2, SF3, or 2F zoning districts and located within the City's Historic Overlay area. Any such building shall be constructed of the same materials, colors, and finishes as the main building on the lot, tract, or site;

7)

Temporary construction buildings, field offices, sales offices and temporary classroom or storage buildings for a public school only (provided that such facilities are legally permitted by the City for a specific period of time, and provided that they are completely removed from the premises upon expiration of the permit or upon completion of construction, whichever occurs first);

8)

Structures legally in existence as of May 21, 2018, or any additions to such structures that do not cumulatively exceed twenty (20) percent of the building size as it existed on May 20, 2018. Such additions shall be allowed to be constructed of the same exterior materials as the original building; and

9)

Any residential dwelling constructed on a lot that is located within a blockface consisting of a majority of wood-sided homes. In addition, a special architectural style for a specific location of individual residences may be approved by the City Manager or designated representative.

10)

Accessory Buildings:

i)

In the FD Zoning District or the RR, SF1, SF2, SF3, and 2F districts within the City's Historic Overlay District.

ii)

In the RR, SF1, SF2, SF3, and 2F zoning districts, but not within the City's Historic Overlay District; accessory buildings exceeding five hundred (500) square feet of floor area shall conform to the minimum exterior construction standards for the main building on the lot or tract and shall be compatible in exterior finishes and colors as the main building.

iii)

In the MUR, DN, MUNR, MF1, MF2, O, NS, GR, CA, C, LI1, LI2, HI, and AP Zoning Districts, accessory buildings of any size shall conform to the minimum exterior construction standards for the main building on the lot or tract and shall be architecturally compatible in design and constructed of the same exterior finishes and colors as the main building.

(vi)

Considerations for Approval: In addition to the minimum standards above, consideration for the use of masonry materials shall also be based on the following:

1)

The architectural design and creativity of the dwelling units proposed;

2)

The quality and creativity of the overall development proposed; and

3)

Compatibility of the dwelling units proposed with surrounding developed properties and structures.

(vii)

Approval Process:

1)

Building and Community Services Department Action: The City Manager or designated representative shall approve or deny any site plan and related Building Façade Plan submitted that involves the proposed use of non-masonry materials.

2)

Planning and Zoning Commission and City Council Appeal: If the site plan is denied by the City Manager or designated representative, the applicant may appeal the decision to the Planning & Zoning Commission and City Council.

(c)

Minimum non-masonry exterior construction standards for Single-Family Dwellings and Duplexes.

(i)

Purpose and Applicability:

1)

Purpose. Design standards within this section are set forth to allow for the use of non-masonry materials. These standards are intended to incorporate high quality requirements for residential developments using non-masonry materials to ensure that the resulting dwelling unit positively contributes to Waxahachie's community image. These homes may be associated with new development concepts such as New Urbanism and Traditional Neighborhood Development (TND) or historic homes.

2)

Applicability. Non-masonry materials may be used in accordance with the regulations herein, and upon approval in accordance with the approval process outlined below.

(ii)

Quality of Installation:

1)

Quality. Non-masonry materials shall be similar in terms of durability to that of a traditional masonry product such as brick. It shall be the applicant's responsibility to demonstrate that the non-masonry materials that are intended to be used exhibits such durability.

2)

Installation. Any installation of non-masonry materials shall be installed properly according to the manufacturer's specifications and the City's building code.

(iii)

Application Requirements: Any application for the use of non-masonry materials that is not otherwise permitted by this Zoning Ordinance shall require the following:

1)

Administrative Site Plan. All requests for the use of non-masonry materials shall be submitted to the City in writing on an application form available in the Planning Department. The application shall note and describe the request in detail. An Administrative Site Plan shall be required for any development wherein the use of non-masonry materials is proposed and approved in accordance with this section of the Zoning Ordinance.

2)

Building Façade Plan. The architectural style and scale of the proposed single-family and/or two-family dwelling units shall be submitted in the form of scaled drawings of proposed four façade elevations. This submission shall be submitted with and shall be a component of the site plan.

a)

If the proposed use of non-masonry materials is for more than one dwelling unit, the applicant shall provide at least six (6) façade drawings that are representative of the overall style and scale of the dwelling units within the development. If the use of non-masonry materials is approved, these drawings will serve as examples of what the City anticipates for the overall development, and the applicant shall be expected to meet a similar level of quality in the design of single-family homes and/or townhomes that are not individually represented in the examples.

b)

The Building and Community Services Department may require actual samples of any proposed non-masonry product to be used (and the actual colors to be used), and such samples shall be submitted as part of the Building Façade Plan.

3)

Quality Control. Any question as to whether the durability or installation of the non-masonry materials is in accordance with this section of the Zoning Ordinance, and/or with the City's Building Code, shall be determined by the City's Building Official. The appropriateness of the application in terms of quality shall be determined as part of site plan/Building Façade Plan approval.

a)

If the Building Official deems the installation insufficient to meet the manufacturer's written specifications and requirements (including spirit and intent) of these regulations, or with the City's Building Code no Certificate of Occupancy shall be issued unless and until the installation is deemed satisfactory. Any appeal of this decision may be made to the Planning and Zoning Commission. If denied by the Planning and Zoning Commission, may be further appealed to the City Council.

b)

The method of painting and/or color application, including the type of paint and/or materials to be used, must be approved as part of the site plan and related Building Façade Plan.

(iv)

Design Standards:

1)

Required Standards: The use of non-masonry materials shall only be approved in accordance with the integration of the Design Standards listed within this section.

2)

Front Entry Walkways:

a)

A hard surface walkway with a minimum improved width of three (3) feet must be constructed from the sidewalk or driveway to the front door of each primary structure.

b)

Walkways may be surfaced with concrete, pavers, laid bricks, or any other such material and in accordance with City standards.

3)

Front Covered Porches:

a)

Front covered porches shall be required for each dwelling unit proposing non-masonry construction.

b)

These covered porches must meet the following minimum criteria:

i)

A front covered porch that is permanently attached to and is an integral part of the primary structure shall be constructed of like and similar materials to those of the primary structure. Alternative materials, i.e., cedar or other complimentary products, may be approved by the Building and Community Services Department through this Building Façade Plan review process.

ii)

Each front covered porch must include a minimum usable area of forty (40) square feet with a minimum depth of five (5) feet from the primary structure, as measured perpendicular to the front door.

4)

Garages:

a)

Detached garages shall be constructed of like and similar exterior materials to those used for the primary structure.

b)

All garage structures are to be located twenty-five (25) feet from front property lines and may not constitute more than fifty (50) percent of the total width of the house. If the width of the lot allows, fifty (50) percent of all dwellings shall have garages with at least one of the following designs:

i)

Rear entry;

ii)

J-Swing Drives (front entry); or

iii)

Front entry garage greater than or equal to three (3) feet behind the front building face or not more than five (5) feet forward from the front building face.

5)

Each dwelling unit shall be designed with the following minimum Architectural Requirements:

a)

Architectural Relief:

i)

The outside shape of a dwelling unit shall contain a minimum of five (5) outside corners with a minimum wall length of two (2) feet.

ii)

There shall be no uninterrupted wall length of twelve (12) feet or more on any façade that is visible from a public right-of-way or open space. This standard applies to the front façade on the interior of the lot or the front and side façade facing a street or open space on a corner lot.

iii)

A minimum of sixty (60) percent of total area on first floor of all two-story homes is required.

b)

Minimum Number of Elevations:

i)

No single building elevation shall be duplicated within six (6) lots or tracts on the same blockface.

ii)

Elevations may not be duplicated on any lot directly across a street or within four (4) lots either direction.

c)

Minimum Number of Design Elements: A minimum of six (6) of the elements identified in Section 5.01(b)(ii)7) c) must be incorporated into the design of each dwelling unit unless the house has incorporated a porch or the garage is a J-Swing Drive or rear entry. If the house design has incorporated a porch, then four (4) elements are required and if the garage is a J-Swing Drive or rear entry, then two (2) elements are required.

d)

The front building face must contain a minimum of thirty (30) percent of the wall area in windows or doors.

e)

Roof Design:

i)

A minimum 7:12 roof pitch is required for each dwelling unit.

ii)

Each dwelling unit shall be constructed with a roof overhang of not less than twelve (12) inches as measured from the finished exterior building façade to the soffit. Unless the roof pitch is 8:12 or greater.

f)

Metal shipping containers may not function as the structure of a residence.

6)

Examples: [see Article IX] The illustrations of dwelling units shall serve as examples of the type of architectural design that may be acceptable and unacceptable in considering whether to approve or deny requests to use non-masonry materials.

(v)

Considerations for Approval: In addition to the minimum standards above, consideration for the use of non-masonry materials shall also be based on the following:

1)

The architectural design and creativity of the dwelling units proposed;

2)

The quality and creativity of the overall development proposed; and

3)

Compatibility of the dwelling units proposed with surrounding developed properties and structures.

(vi)

Approval Process:

1)

Building and Community Services Department Action: The City Manager or designated representative shall approve or deny any site plan and related Building Façade Plan submitted that involves the proposed use of non-masonry materials.

2)

Planning and Zoning Commission and City Council Appeal: If the site plan is denied by the City Manager or designated representative , the applicant may appeal the decision to the Planning & Zoning Commission and City Council.

(d)

Exceptions to minimum exterior construction standards.

(i)

All requests for exceptions to any exterior construction requirement as provided herein shall be submitted to the Building and Community Services Department in writing, and shall be clearly noted and described in detail on a full set of to-scale color façade plans (i.e., that shows all building elevations) that is submitted along with the site plan if one is required by the City for the proposed building/development (for multi-family, single-family attached and nonresidential structures only, and for the use of non-masonry materials as provided herein). The City may require submission of an actual sample(s) of the proposed exterior finish material(s) along with the façade plan and the site plan. The Building and Community Services Department will review the request for an exception(s), and shall schedule the request for consideration by the Planning and Zoning Commission within thirty (30) days following receipt of the request.

(ii)

The Planning and Zoning Commission may recommend, and the City Council may approve, a request for an exception(s) to any exterior construction requirement, including the use of an alternative exterior construction material(s) if it is determined to be equivalent or better than the exterior materials otherwise required by this Subsection and by the City's Building Code (this process shall be part of the site plan approval process for multi-family, single-family attached and nonresidential structures only — consideration and approval for the use of non-masonry materials shall be as provided herein).

(iii)

Consideration for exceptions to any exterior construction requirement shall be based only upon the following:

1)

Architectural design, creativity and innovation; and

2)

Compatibility of the dwelling units proposed with surrounding developed properties and structures.

(iv)

EIFS is not permitted for Single-Family, Duplex or Multi-Family construction in any Zoning District.

(Ord. No. 3086, § 2, 1-22-19; Ord. No. 3175, §§ 4—6, 8, 1-21-20)

(a)

Purpose: To secure safety from fire, panic, and other dangers; to lessen congestion on public streets; to facilitate the adequate provision of transportation; to conserve the value of buildings; and to encourage the most appropriate use of land; minimum off-street parking and loading shall be provided as set forth in the following schedules and provisions.

(b)

Off-Street Parking Provisions, Residential Zoning Districts:

(i)

Required off-street parking shall be provided on the same site as the use, business, or structure it serves.

(ii)

Required parking shall be allowed only on a paved concrete parking space, except all-weather surfaces may be permissible in the RR and FD Zoning Districts. All driveways and approaches to parking spaces shall be similarly paved except in the FD, RR, or SF1 Zoning Districts on lots that are three (3) acres or larger.

(iii)

No required parking space, garage, carport, or other automobile storage space shall be used for the storage of any Heavy Load Vehicle.

1)

In the RR, SF1, SF2, SF3, and 2F Zoning Districts, Hauling Trailers, Travel or Camping Trailers, boats, Recreational Vehicles may be parked or stored within the residential premises on an improved surface only within that portion of the residential lot located to the rear of the required Front Yard.

(c)

Off-Street Parking and Driveway Provisions, Single-Family Attached (Townhouse or Townhome) Developments:

(i)

Garages shall be situated so that they are not the predominant design feature of the dwelling based on the following standards: Garages shall be situated so that they are not the predominant design feature of the dwelling based on the following standards:

1)

Front loading, front facing garages shall not project out from the front façade of the building.

2)

Front loading, front facing garages shall not constitute more than sixty (60) percent of the total width of the dwelling.

3)

All front-loading, front facing garages shall incorporate at least two (2) different architectural elements. However, if the garage is recessed less than seven (7) feet from the front façade or flush with the front façade, it is required to incorporate enhanced driveway paving and three (3) different architectural elements. Architectural elements may include balconies or other decorative overhangs above doors, columns flanking doors, decorative banding or moldings, multiple panel door designs or other architectural detailing with larger decorative brackets, windows/openings on garage doors, arches, decorative vent covers on a gable above the garage, sconce lighting, or similar elements.

4)

Two-car garages shall have a separate door for each bay. Doors shall be separated by a masonry column.

(d)

[Driveways:] Driveways should be deep enough to provide sufficient room for vehicles to park without encroaching into the sidewalk to allow pedestrians and others to use the sidewalk.

(i)

The driveway length of front loading, front facing garages shall be no less than twenty (20) feet from the front property line. In case of communities with private streets, the 20-foot distance shall be measured from the edge of the sidewalk farthest away from the street and parallel to the street.

(ii)

Parking facilities shall not exceed sixty (60) percent of the area between the property line and required setback on all street frontages. The driveway length of front loading, front facing garages shall be no less than twenty (20) feet from the front property line. In case of communities with private streets, the 20-foot distance shall be measured from the edge of the sidewalk farthest away from the street and parallel to the street. b. Parking facilities shall not exceed sixty (60) percent of the area between the property line and required setback on all street frontages.

(e)

Off-Street Parking Provisions, Nonresidential and MF Zoning Districts:

(i)

To prevent nuisance situations, all parking area lighting shall be designed and operated so as not to reflect or shine on adjacent properties and in accordance with the standards established herein.

(ii)

For safety and fire-fighting purposes, free access through to adjacent nonresidential parking areas shall be provided. All adjacent parking areas shall provide mutual vehicular access from one parking area to the next, which access shall be established by permanent and irrevocable mutual access easement on the plat (or by separate instrument only in instances where the adjacent property has already been previously platted), without requiring an exit onto a public street.

(iii)

All required off-street parking, maneuvering, loading and storage areas shall be paved in accordance with the City's parking lot paving requirements.

1)

Parking spaces shall be permanently and clearly identified by stripes, buttons, tiles, curbs, barriers, or other approved methods.

2)

Non-permanent type marking, such as paint, shall be regularly maintained to ensure continuous clear identification of the space.

(f)

Off-Street Parking Provisions, O, NS, GR, C Zoning Districts:

(i)

To promote smart growth, improve walkability, and create more attractive, livable spaces, the City encourages developments to place no more than twenty (20) percent of the required vehicle parking spaces before the front building plane.

1)

Developments that situate eighty (80) percent or more of their required parking behind the front building plane of their buildings are eligible for a ten (10) percent reduction in the number of parking spaces required.

(g)

Each standard off-street surface parking space size shall be in accordance with the design standards as shown on Article IX for space size and design. Specific parking space sizes, exclusive of aisles, driveways and maneuvering areas shall be in accordance with the following minimum sizes:

(i)

Standard: Nine (9) feet by eighteen (18) feet .

(ii)

Compact: Nine (9) feet by sixteen (16) feet .

(iii)

Parallel: Eight (8) feet by twenty-two (22) feet .

(h)

All parking and loading spaces, and vehicle sales areas on private property shall have a vehicle stopping device installed so as to prevent parking of motor vehicles in any required landscaped areas, to prevent vehicles from hitting buildings, and to prevent any parked vehicle from overhanging a public right-of-way line, public sidewalk, or adjacent private property. An extra-wide sidewalk on private property may be permitted so as to allow encroachment of vehicle overhang while maintaining an unobstructed three (3) foot minimum sidewalk width. The requirement shall apply only where spaces are adjacent to the walks, right-of-way, and required landscaping. Parking shall not be permitted to encroach upon the public right-of-way in any case. All vehicle maneuvering shall take place on-site. No public right-of-way shall be used for backing or maneuvering into or from a parking space, or for circulation within the parking lot.

(i)

The perimeter of all parking lots and driveways shall be provided with concrete curbs or other means to control traffic.

(j)

Refuse storage facilities placed in a parking lot shall not be located in a designated parking or loading space. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies. Adequate reinforced paved areas shall be provided for refuse facilities and their approaches for loading and unloading.

(k)

Handicap parking space(s) shall be provided according to State and Federal regulations.

(l)

Designated parking and loading areas shall not be used for the repair, storage, dismantling, or servicing of vehicles or equipment, except for normal maintenance of a private vehicle; or for the storage of materials or supplies; or for any other use in conflict with the designated parking and loading areas, such as advertising or open storage of raw materials.

(m)

To ensure that all requirements set forth in this section are carried forward, it will be the responsibility of the owner of the parking area to adequately maintain the facility. All off-street parking areas shall be kept free of trash, debris, vehicle repair operations, or display and advertising uses. At no time after initial approval of the parking area layout can changes be made in the location and number of provided spaces without approval of the Director of Planning.

(n)

Off-street stacking requirements for Drive-Through Establishments.

(i)

A stacking space shall be an area on a site measuring eight (8) feet by twenty (20) feet with direct forward access to a service window or station that does not constitute space for any other circulation driveway, parking space, or maneuvering area.

(ii)

For Banks and Credit Unions, each teller window or station, human or mechanical, shall be provided with a minimum of five (5) stacking spaces.

(iii)

For each service window of a Drive-Through Establishment, a minimum of six (6) spaces shall be provided from the location of the order window.

(iv)

For Kiosks, a minimum of two (2) stacking spaces for each service window in addition to the service window shall be provided.

(v)

For each full-service Car Wash, a minimum of seven (7) stacking spaces shall be provided.

(vi)

For each self-service drive-through Car Wash bay, a minimum of three (3) stacking spaces in addition to the wash bay shall be provided.

(vii)

For each open self-service Car Wash bay, a minimum of two (2) stacking spaces in addition to the wash bay shall be provided.

(viii)

For Auto Repair, Minor, or Automotive Car Care facilities, a minimum of three (3) stacking spaces in addition to the service bay shall be provided.

(o)

Off-Street Loading Provisions - All Zoning Districts:

(i)

All retail, commercial, industrial and service structures shall provide and maintain off-street facilities for receiving and loading merchandise, supplies, and materials within a building or on the lot or tract. 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 on-site maneuvering area for trucks (see Article IX). Such off-street loading space may be adjacent to a public alley or private service drive or may consist of a truck berth within the structure. Such off-street loading space or truck berth shall consist of a minimum area of ten (10) feet by forty-five (45) feet and such spaces or berths shall be provided in accordance with the following schedule:

(ii)

Along major thoroughfares, loading docks or overhead rolling steel doors shall not be constructed facing the Front Lot Line, unless such loading dock or overhead rolling steel doors are set back a minimum of seventy-five (75) feet from the right-of-way line of the street or highway on which said loading dock fronts and is visually screened from "line of sight" measured from a vertical height of six (6) feet from such major thoroughfare. Screening shall be subject to the following standards:

1)

Screening shall be equivalent to a brick masonry wall six (6) feet in height.

2)

A living screen or living screen and berm of equal height may be substituted upon recommendation from the Planning and Zoning Commission and approval by the City Council. Living screen materials shall be in accordance with the City of Waxahachie's approved plant list.

3)

Screening shall be provided for a linear distance equal to the length of the area where the loading docks are exposed to the public street.

(iii)

Loading docks on streets other than major thoroughfares shall not be constructed facing the Front Lot Line, unless a minimum setback of seventy-five (75) feet is provided from the right-of-way line of the street or highway on which said loading dock fronts (see Article IX).

(iv)

Loading docks for any establishment that customarily receives goods between the hours of 9:00 p.m. until 8:00 a.m. and is adjacent to a residential use or district shall be designed and constructed so as to enclose the loading operation on three sides, in order to reduce the effects of the noise of the operation on adjacent residences.

(v)

Private Schools, Public Schools, Kindergarten or Nursery Schools, Child Daycare Centers, and similar child training or care establishments shall provide one (1) paved off-street pedestrian loading and unloading space for an automobile on a through circular or semi-circular drive with a pass-by lane for each ten (10) students cared for, excluding Family Home Child Care use.

(p)

Parking Access from a Public Street - All Zoning Districts:

(i)

In the approval of a Site Plan, design consideration shall be given to providing entrance or exit drives that extend into the site to provide adequate queuing of vehicles on the site.

(ii)

In all Zoning Districts, except SF1, SF2, SF3, and 2F, building plans shall provide for entrance and exit drive(s) appropriately designed and located to minimize traffic congestion or conflict within the site and with adjoining public streets as approved by the Director of Public Works, or designated representative.

1)

Based upon analysis by the City, if projected volumes of traffic entering or leaving a development are likely to interfere with the projected peak traffic flow volumes on adjoining streets, additional right-of-way and paving in the form of a deceleration lane or turn lane may be required of a developer in order to reduce such interference.

2)

The determination of additional right-of-way or paving requirements shall be made at the time the final site plan is submitted for approval.

(iii)

Vehicular access to nonresidential uses shall not be permitted from alleys serving residential areas.

(iv)

Parking space configuration, location, arrangement, size and circulation in all Districts shall be constructed according to Article IX.

(q)

Parking Requirements Based on Use:

(i)

In all Zoning Districts, off-street parking spaces shall be provided at the time any building or structure is erected or structurally altered. In addition to automobile parking, refer to Section 5.02(v) for minimum bicycle parking requirements.

(r)

Rules for computing number of parking spaces: In computing the number of parking spaces required for each of the above uses, the following rules shall govern:

(i)

Floor Area means the gross floor area of the specific use.

(ii)

Parking space requirements shall be rounded up to the next whole number when any calculation results in a fractional total.

(iii)

The parking space requirements for a new or unlisted use not specifically mentioned herein shall be the same as required for a use of similar nature. If the proposed use is not similar to any of the uses listed herein, a determination shall be made by the Director of Planning in accordance with the requirements for the most closely related use specified in this section.

(iv)

Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity, or otherwise, and creates a need for an increase of ten (10) percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change.

(v)

For buildings which have mixed uses within the same structure, e.g., retail and office, the parking requirement shall be calculated for the most intensive use. In cases where the design of the interior of the structure is not practical for alteration, the parking requirement may be calculated for each use within a structure for buildings over forty thousand (40,000) square feet.

(vi)

Shared parking may be allowed in the case of mixed uses under the following conditions.

1)

Up to fifty (50) percent of the parking spaces required for a theater or other place of evening entertainment after 6:00 p.m., or for a church, may be provided and used jointly by banks, offices, and similar uses not normally open, used, or operated during evening hours.

2)

Shared parking must be on the same parking lot.

3)

Reduction due to shared parking shall be determined by the Director of Planning.

4)

To assure retention of the shared parking spaces, the parties concerned shall properly draw and execute a document expressing the same and shall file this agreement with the Planning Department of the City of Waxahachie.

5)

Off-street parking for churches existing prior to January 1, 1988 shall be provided on the same lot or tract occupied by the main use or on a non-contiguous lot or tract sufficient to assure the specified ratio of vehicle spaces are available in close proximity to the church facilities. Off-street parking provided on a separate lot or tract shall be:

a)

Church related and dedicated to parking use by an instrument filed with the Director of Planning and consolidated with the main use under one Certificate of Occupancy, and Compliance;

b)

Located in the same zoning district as the main use or in a district which allows a commercial parking lot or garage; and

c)

Located within two hundred (200) feet, inclusive of the distance for any streets and alleys, of the property upon which the main church building is located. The distance measured is the shortest distance between the two (2) lots or tracts.

(vii)

Compact Car Spaces - In the O, NS, GR, LI1, LI2 and HI Districts, compact car parking spaces may be permitted when approved as part of an Administrative Site Plan by the Planning Department, providing the following conditions apply:

1)

Where it is necessary to preserve the natural landscape and native trees, a maximum of ten (10) percent of required parking may be designed for compact cars.

2)

On parking lots larger than fifty (50) spaces involving large industrial buildings or large offices and where there is only one tenant, a maximum of twenty-five (25) percent of the required parking may be for compact cars.

3)

The size meets the requirements of Section 5.02(g).

(s)

Location of parking spaces: Required off-street parking shall be provided on the same site as the use, business, or structure it serves, except as follows:

(i)

Where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required spaces may be located up to six hundred (600) feet from any nonresidential building served.

(ii)

Where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, approval by the Planning and Zoning Commission and City Council is required according to the following criteria:

1)

Off-site parking may be permitted on a contiguous lot or tract, or on a lot or tract within one hundred fifty (150) feet of such building or structure if:

a)

A permanent easement of the parking facilities in favor of the premises to be benefitted is dedicated and recorded as a condition of such use; or

b)

A long-term Remote Parking Lease Agreement is provided upon approval by the City as a condition of such use.

(t)

Use of required parking spaces, nonresidential districts: Required off-street parking and loading spaces shall be used only for these respective purposes and shall not be used for refuse containers, cart corrals, storage or permanent display of boats, trailers, campers, motor vehicles or other goods, materials, or products for sale.

(u)

Fire lanes:

(i)

Fire lanes shall be provided in all multi-family and nonresidential areas as required by the adopted Fire Code of the City.

(v)

Bicycle parking:

(i)

Bicycle parking will be required whenever any new use is established or and existing use is enlarged for which more than ten (10) automobile parking spaces are required.

(ii)

Bicycle parking shall be the equivalent of ten (10) percent of required automobile parking by actual numbers of spaces required.

1)

A minimum of two (2) and a maximum of twenty (20) stalls shall be provided.

2)

All bicycle parking stalls shall be located within one hundred (100) feet of the primary use or as close as the closest auto space.

3)

A bicycle stall shall include a delineated and safe parking area, and an appropriate structure to which bicycles can be locked.

4)

Appropriate structure means a stand or other device constructed so as to enable the user to secure by locking the frame and one wheel of each bicycle parked therein. Racks must be easily usable with both U-locks and cable locks. Racks should support the bikes in a stable upright position. Racks that support a bike primarily by a wheel such as standard "wire racks" are damaging to wheels and thus are not acceptable.

5)

Bicycle racks must be securely anchored to the ground or structure.

(a)

Purpose: To encourage the most appropriate use of land and conserve and protect the privacy and value of adjacent permitted uses. Regulations are prescribed for the location and type of various screening devices to be used when required in the various zoning districts or in this section in accordance with the following standards.

(b)

Fences in FD-2F Zoning Districts:

(i)

Any fence or wall located to the rear of the minimum required front yard line shall not exceed eight (8) feet in height above the grade of the adjacent property.

(ii)

In FD and RR, Fencing within the front yard shall not exceed six (6) feet in height, inclusive of posts) and fences shall not exceed twenty-five (25) percent opacity, i.e., it must be at least seventy-five (75) percent open.

(iii)

Except as provided herein, no fence or wall shall be permitted in front of any single-family or duplex structure, except platted lots within the FD and RR Zoning Districts where the fence may be constructed to the front property line. No residential fence shall be closer than fifteen (15) feet to a public right-of-way except in cases where the side or rear building line of the yards on contiguous corner lots adjoin, the fence may be constructed out to the property line of said side yard.

(iv)

In SF1 through 2F Zoning Districts, privacy fences shall consist of a minimum thirteen (13) gauge (0.095mm) metal support posts at least every eight (8) feet, or with a minimum fifteen (15) gauge (0.070mm) metal support post at least every six (6) feet, with metal brackets and metal caps. The fencing materials shall comprise 2"x4" pressure-treated or chemically-treated cross members. Fence pickets shall consist of finished wood. Cedar is an acceptable material for cross members and/or fence pickets.

(v)

Decorative fences with openings not less than fifty (50) percent of the fence area and not exceeding three (3) feet in height are permitted in front yards. Chain link, woven wire mesh or similar materials are not considered decorative fencing.

(vi)

All fences require permits.

(vii)

Electrical, barbed, or razor wire fences are prohibited, except when used for the containment of farm animals on lots or parcels three (3) acres or larger.

(viii)

Gates designed for vehicular access shall be set back from the property line a minimum of twenty (20) feet.

(ix)

Fences around swimming pools shall comply with the City of Waxahachie's adopted building code.

(x)

See Section 7.07 for sight visibility requirements.

(xi)

Special fencing, such as fencing around tennis courts, is permitted.

(xii)

All fence materials shall be new or designed to be used as fence material. The use of used materials or material not designed for use as fence material is prohibited.

(xiii)

Fences more than twenty (20) degrees off vertical alignment must be repaired.

(xiv)

If ten (10) percent or more of fence pickets are missing or damaged, they must be repaired to like-new status.

(c)

Fences for Single-Family Attached (Townhouse or Townhome) Developments:

(i)

Front yard fencing

1)

Townhouse Block with Rear-Loaded Garages:

a)

Ornamental metal rail fences up to four feet in height shall be allowed along the front property line. The metal rail fence shall be used in combination with masonry columns, which shall not exceed the height of the fence by more than six (6) inches. Such fences shall provide at least seventy-five (75) percent transparency.

2)

Townhouse Block with Front-Loaded Garages:

a)

Ornamental metal rail fences up to four feet in height shall be allowed beginning at a point of at least eight (8) feet from the front lot line, in order to maintain visibility at drive approaches. The metal rail fence shall be used in combination with masonry columns, which shall not exceed the height of the fence by more than six (6) inches. Such fences shall provide at least seventy-five (75) percent transparency.

(ii)

Rear yard fencing requirements to comprise privacy fences that shall consist a minimum thirteen (13) gauge (0.095mm) metal support posts at least every eight (8) feet, or with a minimum fifteen (15) gauge (0.070mm) metal support post at least every six (6) feet, with metal brackets and metal caps. The fencing materials shall include 2"x4" pressure-treated or chemically-treated cross members. Fence pickets shall consist of pressure-treated or chemically-treated wood.

(iii)

Any fence or wall located to the rear of the minimum required front yard line shall not exceed eight (8) feet in height above the grade of the adjacent property.

(iv)

No residential fence shall be closer than fifteen (15) feet to a public right-of-way except in cases where the side or rear building line of the yards on contiguous corner lots adjoin, the fence may be constructed out to the property line of said side yard.

(v)

All fences require permits.

(vi)

Electrical, barbed, or razor wire fences are prohibited, except when used for the containment of farm animals on lots or parcels three (3) acres or larger.

(vii)

Gates designed for vehicular access shall be set back from the property line a minimum of twenty (20) feet.

(viii)

Fences around swimming pools shall comply with the City of Waxahachie's adopted building code.

(ix)

See Section 7.07 for sight visibility requirements.

(x)

Special fencing, such as fencing around tennis courts, is permitted.

(xi)

All fence materials shall be new or designed to be used as fence material. The use of used materials or material not designed for use as fence material is prohibited.

(xii)

Fences more than twenty (20) degrees off vertical alignment must be repaired.

(xiii)

If ten (10) percent or more of fence pickets are missing or damaged, they must be repaired to like-new status.

(d)

Fences in Nonresidential Zoning Districts:

(i)

Chain-link fencing is approved as a replacement for existing chain-link fencing provided the percent of the fence to be replaced is less than fifty (50) percent of the total fence length.

(ii)

Fences more than twenty (20) degrees off vertical alignment must be repaired.

(iii)

Fence sections greater than fifty (50) feet in length should incorporate at least one of the following design features that are proportionate to the fence length:

1)

A minimum one (1) foot change in fence plane and height for at least ten (10) feet, spaced at least every twenty (20) feet;

2)

A minimum eighteen (18) inch raised planter at least eight (8) feet long, spaced at least every thirty-five (35) feet;

3)

Use of columns at thirty-five (35) foot intervals; or

a)

Any other feature, approved by the Director of Planning that provides adequate relief from the monotony of a continuous fence.

(e)

Screening of Single-Family Residential Developments:

(i)

Single-Family residential developments' required screening walls shall meet the following requirements.

1)

Height. Six (6) feet minimum and eight (8) feet maximum, measured from the highest adjacent grade within ten (10) feet of the fence. In order to create variation in the design of the fence, at certain locations for no more than ten (10) percent of the total linear length of the fence, the height may be increased to ten (10) feet with approval from the Director of Planning.

2)

Approved Materials. One hundred (100) percent masonry (limited to brick or stone), with more than 30-year life expectancy to give a long lasting, aesthetically pleasing appearance. Materials should preferably have a low maintenance factor and be complemented with landscaping, where appropriate. Ornamental metal rail fencing may be used to provide at least seventy-five (75) percent transparency for the portions of the subdivision abutting an internal park/open space or to emphasize the landscaping at the entrance. The screening walls shall be laid up unit by unit and set in mortar.

3)

Design. Adjacent to major thoroughfares, the fence should be curved or angled at corner locations to accommodate appropriate visibility and add variety. Wall sections greater than fifty (50) feet in length should incorporate at least one of the following design features that are proportionate to the fence length:

a)

A minimum one (1) foot change in fence plane and height for at least ten (10) feet, after at least every twenty (20) feet;

b)

A minimum eighteen (18)-inch raised planter at least eight (8) feet long, after at least every thirty-five (35) feet;

c)

Use of columns at thirty-five (35) foot intervals;

d)

Any other feature, approved by the Director of Planning or designee that provides adequate relief from the monotony of a continuous fence.

4)

Construction Standard. It is intended that all fences erected pursuant to this section be constructed in such a manner to last thirty (30) years with minimal maintenance required during said period. As such, all screening walls required by this section shall conform to the following minimum standards:

a)

The Director of Planning shall approve plans and specifications for screening walls and foundations. Such plans and specifications are to be submitted at the same time as construction plans for other subdivision infrastructure improvements are required.

b)

Screening walls shall be located on or within the private property and outside of the public right-of-way. Screening walls may be in an offset configuration as long as there is no encroachment into the right of way.

c)

The material, color, and design of screening walls shall be uniform within an approved preliminary plat, unless otherwise approved by the Director of Planning.

d)

All screening walls shall be placed at least five feet from any existing or proposed City water line. Where necessary for compliance, the developer shall be required to provide additional right-of-way.

e)

It shall be the responsibility of any person, firm, corporation or other entity who shall own or occupy any lot or lots on which a screening wall was constructed pursuant to the terms of this section to adequately maintain the screening wall and to prevent it from becoming dilapidated or unsightly, unless otherwise specified as the responsibility of a mandatory homeowners association or public improvement district.

(f)

Screening of nonresidential, multi-family areas and manufactured home parks:

(i)

In the event that multi-family, nonresidential uses, or manufactured home parks side or back upon an SF, 2F, or Residential PD District, or in the event that any nonresidential district sides or backs to a MF District, a solid brick or masonry screening wall of not less than six (6) feet nor more than eight (8) feet in height shall be erected on the property line separating these districts. The purpose of the screening wall or fence is to provide a visual and protective barrier between the properties.

(ii)

The owner of the multi-family property shall be responsible for and shall build and maintain the required wall on the property line dividing the property from the single-family or duplex residential district. This construction requirement applies only when multi-family is adjacent to residential uses.

(iii)

When screening is required between nonresidential and residential uses, it shall be the responsibility of the nonresidential use to construct and maintain the screening wall.

(iv)

Any screening wall or fence required under the provisions of this section, under a Specific Use Permit, Planned Development District, or other requirement shall be constructed of masonry, reinforced concrete, or other similar suitable permanent materials which do not contain openings. All wall or fence openings shall be equipped with gates equal in height and screening characteristics to the wall or fence.

(v)

Alternative equivalent screening may be approved through the Administrative Site Plan approval process.

(vi)

All required screening walls shall be equally finished on both sides of the wall. All materials shall be new or designed to be used as fence material. The use of used materials or material not designed for use as fence material is prohibited.

(vii)

Open storage of materials, commodities, or equipment shall be screened with a minimum six (6) foot fence or wall. This wall shall be screened by evergreen shrubs at least three (3) feet in height.

(viii)

In all districts screening shall be required for those areas used for Outside Storage. A six (6) foot fence, wall, or equivalent alternative screening shall be provided and maintained at the property line adjacent to the area to be screened. This wall shall be screened by evergreen shrubs at least three (3) feet in height. Alternative equivalent screening may be approved through the site plan approval process.

(ix)

Refuse storage areas, not within a screened rear service area, which are visible from a public right-of-way, for all nonresidential, multifamily and manufactured home park uses shall be visually screened by a six (6) foot masonry wall on all sides except the side used for garbage pickup service, such side shall provide a gate, see Article IX for gate design. This wall shall be screened by evergreen shrubs at least three (3) feet in height. Alternate equivalent screening methods may be approved through the site plan approval process.

(x)

All nonresidential uses shall screen all mechanical, heating, and air conditioning equipment from public view and adjacent residential property. Public view is determined if the equipment can be seen from a public right-of-way.

(a)

Purpose and intent: The purpose of this Ordinance is to provide for the orderly and aesthetic development of the City and to promote the health, safety and general welfare of the community.

(b)

Landscape and Irrigation Requirements:

(i)

The requirements herein shall apply to all new nonresidential construction and multi-family construction other than duplex uses.

(ii)

The requirements for landscaping shall combine the buffer yard requirements, minimum landscape areas on the interior portion of the lot, and minimum landscape areas for parking areas.

(iii)

Existing buildings: Buildings in existence on the effective date of this Ordinance shall be considered legally nonconforming as it pertains to this Ordinance. New construction greater in size than thirty (30) percent of the existing building or greater than five thousand (5,000) square feet shall require compliance with this Ordinance as it applies to the entire square footage of the existing building and proposed addition. New construction intended to increase the square footage by less than thirty (30) percent of the existing building or less than five thousand (5,000) square feet shall be required to meet the requirements herein only as it pertains to the square footage of the new construction.

(iv)

Pad site developments: Pad site developments or ground lease developments shall be required to provide landscaping in accordance with the interior landscape requirements herein.

(v)

Expansions or Reconfiguration of Paved Areas: Any expansion or reconfiguration of paved areas shall comply with the regulations contained herein.

(c)

Landscape Requirements for Residential Zoning Districts:

(i)

All required trees shall be planted prior to any request for final building inspection and no certificate of occupancy shall be issued until such plant materials have been installed except that the Planning Director may provide temporary relief from this provision.

(ii)

A minimum of eighteen (18) ornamental understory plants with a combined planting size of forty-five (45) gallons is required per dwelling unit.

(iii)

Authorized plant materials shall be those indicated in Section 5.04 (A).

(iv)

For SF1 Zoning District. A minimum of three (3) canopy trees with a minimum caliper of two (2) inches per tree shall be required for each dwelling unit.

(v)

For SF2 and SF3 Zoning Districts. A minimum of one (1) canopy tree with a minimum caliper of two (2) inches per tree shall be required for each dwelling unit.

(d)

Landscape and Irrigation Plan Requirements:

(i)

Qualification to prepare plans: For all nonresidential lots greater than thirty thousand (30,000) square feet, Landscape Plans shall be prepared by a Registered Landscape Architect. For nonresidential lots less than thirty thousand (30,000) square feet, a Landscape Designer or Landscape Contractor, knowledgeable in plant materials and landscape design may also prepare the landscape plan. Irrigation plans shall be prepared by a Licensed Irrigator or Landscape Architect. The Landscape Administrator may reject plans if deemed of insufficient quality or completeness and require that plans be prepared by a Registered Landscape Architect or other qualified professional.

(ii)

Landscape plan requirements: The following items shall be provided on the required landscape plan.

1)

Sheet size 22" x 34", or as otherwise approved by the Director of Planning.

2)

Acceptable scale.

3)

North arrow with a graphic scale and written scale in close proximity.

4)

Appropriate title.

5)

Title block that includes street address, lot and block, subdivision name, City, state, and date of preparation.

6)

Name and address of owner.

7)

Name, address, and phone of firm preparing plan.

8)

Boundary shown with dimensions.

9)

Any existing or proposed easements.

10)

Width and type of buffer yards labeled on all sides.

11)

Location, caliper size, and name of all existing trees that are six (6) caliper inches or greater and will be preserved.

12)

Location, quantity, size, and name of all proposed plant materials.

13)

Maintenance note that states, "The property owner, tenant, or agent shall be responsible for the maintenance of all required landscaping in a healthy, neat, orderly, and live-growing condition at all times. This shall include mowing, edging, pruning, fertilizing, irrigation, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds, and other such materials not a part of the landscaping. Plant materials that die shall be replaced with plant materials of similar variety and size."

14)

Provide standard buffer yard and Interior Landscape Calculation Chart.

15)

Visibility triangles shown.

16)

Landscape Architect seal signed and dated.

17)

Plant list shown with format similar to Section 5.04(a).

18)

Location and footprint of proposed or existing buildings and parking lots.

19)

Any berms delineated with one (1) foot contour intervals.

20)

Any proposed or existing sidewalks.

(iii)

Irrigation plan requirements: The following items shall be provided on the required irrigation plan:

1)

Sheet size 22" x 34", or as otherwise approved by the Director of Planning.

2)

Acceptable scale.

3)

North arrow with a graphic scale and written scale in close proximity.

4)

Appropriate title.

5)

Title block that includes street address, lot and block, subdivision name, City, state, and date of preparation.

6)

Name and address of owner.

7)

Name, address, and phone of firm preparing plan.

8)

Boundary shown with dimensions.

9)

Location of all existing trees that are six (6) caliper inches or greater and will be preserved.

10)

All pipes labeled as to size.

11)

All heads labeled as to type (legend is acceptable).

12)

Backflow prevention labeled with type and size.

13)

Connection to water service shown after meter.

14)

Second meter and sizes shown, if intended.

15)

Any existing or proposed easements.

16)

Note on plan: "All backflow installations and connections to City water lines must be permitted separately by the City inspection staff."

17)

Maintenance note that states "The property owner, tenant, or agent shall be responsible for the maintenance of all required landscaping in a healthy, neat, orderly, and live-growing condition at all times. This shall include mowing, edging, pruning, fertilizing, irrigation, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds, and other such materials not a part of the landscaping. Plant materials that die shall be replaced with plant materials of similar variety and size."

18)

Plan sealed, signed, and dated by qualified professional as authorized by State law.

19)

Location and footprint of proposed or existing buildings and parking lots.

20)

Any proposed or existing sidewalks.

(e)

Interior Landscape Area Requirements:

(i)

The amount of landscape area required on the interior of the lot, excluding buffer yards, shall be based on the square footage of the proposed buildings.

(ii)

The square footage of the building for the purposes of this Ordinance will be the square footage of the first floor or the square footage of the largest floor, whichever is greater.

(iii)

The required landscape area for each Zoning District shall be based on the percentage of the floor area as determined above in accordance with the regulations contained herein.

1)

MF1, MF2, MH, O, NS, and GR: Fifty (50) percent;

2)

C: Forty (40) percent;

3)

Buildings less the ten thousand (10,000) square feet within LI1, LI2, HI, and AP: Twenty (20) percent; and

4)

Building ten thousand (10,000) square feet or greater within LI1, LI2, HI, and AP: Fifteen (15) percent.

(iv)

Planting Requirements:

1)

The following plants shall be required, at a minimum, within the required interior landscape areas at the ratio indicated:

a)

1 Canopy Tree per five hundred (500) square feet

b)

1 Understory Tree per two hundred fifty (250) square feet

c)

1 Shrub per 70 square feet

d)

Ground Cover - 15% of required area

e)

Seasonal Color - 2% of required area

2)

Example: Three story office building and each floor contains four thousand (4,000) square feet.

a)

First Floor = 4,000

b)

Second Floor = 0

c)

Third Floor = 0

d)

Effective Floor area 4,000

e)

Times 50% x .50 = Required Landscape area 2,000 sq. ft.

f)

Required Canopy Trees @ 1/500 sq. ft. = 4

g)

Required Understory Trees @ 1/250 sq. ft. = 8

h)

Required Shrubs @ 1/40 sq. ft. = 50

i)

Required Ground Color area @ 15% = 300 sq. ft.

j)

Required Seasonal Color @ 2% = 40 sq. ft.

(v)

Location Requirements: A minimum of seventy-five (75) percent of all required interior landscape area(s) and plant material within the interior landscape areas shall be in the front and along either side of the building between the building and the interior edge of the required buffer yards and a portion thereof shall be placed adjacent to the building where practical.

(vi)

Water Conservation Credits: Where systems in accordance with Article IX, Section 8.119 herein are utilized in at least seventy-five (75) percent of all shrub beds, the required landscape area may be reduced by five (5) percent.

(f)

Parking Lot Landscaping:

(i)

Surface parking lots serving nonresidential, mixed use and multifamily uses must include landscaped areas as detailed in this Section. Landscaping requirements for structured parking will be established during the Detailed Site Plan approval process.

(ii)

Parking lot landscaping is in addition to the landscaping requirements required in these Development Standards.

(iii)

Parking lot landscaping must meet the City's traffic safety standards as adopted for maintaining visibility at intersections, driveways and access easements.

(iv)

All off-street parking areas must supply at least thirteen (13) square feet of parking lot landscaping per parking space. Additional parking lot landscaping is required based on the percentage of required parking located between the building façade and the street right-of-way.

1)

Less than twenty-five (25) percent: fifteen (15) square feet;

2)

Twenty-five (25) to seventy-five (75) percent: twenty (20) square feet; and

3)

More than seventy-five (75) percent: thirty (30) square feet.

(v)

In addition to the required landscaping per parking space above, one (1) linear landscaping island with a minimum width of ten (10) feet is required for every two (2) parking bays. The intent is to prevent the massing of a large number of parking spaces and to address safety issues concerning the flow of traffic in the parking lot.

(vi)

Two (2), four (4) inch caliper trees and ten (10) shrubs must be planted for each five hundred (500) square feet of required parking lot landscape area, or portion thereof.

(vii)

All new trees within a parking lot must be planted in a pervious area of at least one hundred (100) square feet and have a minimum interior dimension of eight and one-half (8½) feet wide.

(viii)

To reduce the thermal impact of unshaded parking lots, the required landscaping must be planted throughout parking lots so that no portion of a parking space is more than sixty-four (64) feet away from the trunk of a tree.

(ix)

For parking lots and drive-throughs, screening shrubs must be planted that are at least two (2) feet in height. These must be evergreen.

(g)

Additional Landscape Requirements:

(i)

Buffer yard:

1)

For all nonresidential and multifamily parcels with less than two hundred fifty (250) feet of frontage adjacent to a dedicated public right-of-way, at least fifteen (15) percent of the street yard shall be permanent landscape area.

2)

Nonresidential and multifamily parcels having two hundred fifty (250) feet or more of frontage shall have at least twenty (20) percent of the street yard in permanent landscape area.

(ii)

Landscape buffer:

1)

Adjacent to right-of-way of any street is required.

2)

If the lot is a corner lot, two frontages shall be required to observe the ten (10) foot buffer.

3)

If more than two frontages exist, then the other right-of-way frontages shall be required to have no more than seven and one-half (7½) feet of landscaped area.

4)

Developers shall be required to plant one (1) large tree per forty (40) linear feet or portion thereof of street frontage.

5)

Trees may be grouped or clustered to facilitate site design.

(iii)

Visibility triangle:

1)

No requirements herein shall be deemed to require plantings which would conflict with the visibility triangle at the intersection of public right-of-way as defined in the Supplemental Regulations and Subdivision Ordinance.

2)

Consideration should also be given to visibility at the intersection of major driveways with the public right-of-way

(iv)

Irrigation requirements:

1)

All required landscape areas shall be irrigated by an automatic irrigation system designed by a Licensed Irrigator, Landscape Architect, or other professional authorized by the State to design such systems.

2)

Natural meadows of wildflowers or other native habitat shall not be required to be irrigated.

(v)

Water Conservation:

1)

The City would like to promote the use of efficient irrigation methods and practices.

2)

Where possible in planting beds, flood irrigation, porous pipe, or emitter-drip systems should be utilized.

3)

Where slopes do not allow flood systems, flat spray heads should be utilized under shrubs rather than upward spray heads on risers above shrubs.

4)

Lawn spray heads should have low precipitation rates, run for longer periods of time, and water infrequently to promote deep root growth for grasses.

5)

Irrigation systems must be equipped with a rain/freeze sensor.

(vi)

Street trees;

1)

All development fronting on public or private rights-of-way, except alleys, is required to plant street trees in accordance with the following standards.

2)

Street trees must be located in the planting strip within the right-of-way as shown on the typical street cross section diagrams, except that up to twenty (20) percent of street trees on a block may be planted between the sidewalk and the primary building.

3)

Trees must be a minimum of four (4) caliper inches measured at DBH above finished grade immediately after planting. Trees must be selected from the City of Waxahachie Preferred Plant List in the City of Waxahachie's Zoning Ordinance, and any future amendments thereof. Preference must be given to tree species native to the region.

4)

Street trees must be planted at the average rate of one (1) tree for every thirty (30) feet of street frontage. Where poor soil conditions or other factors require additional flexibility in planting, the Director of Planning or his or her designee may approve alternative spacing of trees, but not reduction in the number of required trees.

5)

Existing trees at the required planting locations detailed above that meet these standards may be credited as street trees.

(h)

Xeriscaping:

(i)

Recognizing the need to reduce or eliminate the need for supplemental water from irrigation, the City seeks to encourage the implementation of water-efficient landscaping. This would require seven basic principles, namely good design; thorough soil preparation; limiting of irrigated shrub and lawn areas; adapted, low water demand plants; effective and efficient water methods; and proper landscape maintenance.

(ii)

The City adheres to the principles advocated by Texas SmartScape. These principles can be found on their website, located at http://www.txsmartscape.com/index.php.

(iii)

Any proposed xeriscape must include ornamental and shade trees that are classified as Native to Texas by Texas SmartScape.

(iv)

A maximum of ten (10) percent of the landscape buffer or bed area can consist of natural grasses.

(i)

Plant Material:

(i)

Quality standard: All plant material shall be of No. 1 grade, free from plant disease, of typical growth for the species, have a healthy, normal root system, rounded branching pattern, and shall conform to the code of standards set forth in the current addition of the American Standard for Nursery Stock.

(ii)

Recommended plants: Shown in Section 5.04(a) is a list of recommended plants within each plant material type. The applicant may propose plants other than those listed if the plant seems appropriate for the intended use or the applicant maintains a plant care program sufficient to properly care for the proposed plant material. The City reserves the right to approve or disapprove required plants and planting through the Landscape Administrator or City appointed Landscape Architect, horticulturist, or other person so qualified.

(iii)

Size requirements when planted: All plants shall equal or exceed the following measurements when planted. Plants larger than specified may be used but use of such plants shall not decrease the size requirements of other proposed plants.

1)

Tree measurement: Canopy and understory trees with single trunks shall be measured at DBH. Multi-Trunk trees shall be measured by the height of the tree.

2)

Minimum Sizes: Minimum plant size when planted shall be as follows:

3)

The Landscape Administrator may approve smaller sized shrubs based on unusual growing circumstances and/or on a specific design which reflects the overall intent of this Ordinance.

(j)

Improvements in Public Right-of-Way and Easements:

(i)

General: A developer shall be required to provide grass and irrigation in all unpaved areas of the public right-of-way. A maximum of ten (10) percent of the required interior plant material may be placed within the right-of-way parkway. Should the applicant elect to provide plantings in the public right-of-way.

(ii)

Replacement responsibilities: The City shall endeavor to require replacement of all landscape/irrigation improvements as a part of contracts to install public utilities within public right-of-way and/or public easements. The City and owner shall not be responsible for replacing these improvements. In the event the City anticipates utility improvements conflicting with intended landscape/irrigation improvements, the City may require that the applicant wait to install said improvements until after the public improvements have been installed or under certain circumstances, the City may prohibit landscape improvements within the right-of-way.

(iii)

General: The Owner shall be responsible for the continued maintenance in perpetuity of all landscaping and irrigation. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding, keeping beds mulched in accordance with standard horticultural practices or as recommended by the Landscape Administrator and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter; weeds and other such material or plants not a part of the landscaping. All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. All irrigation heads or lines which are broken and flow water shall be replaced/repaired immediately to prevent the waste of water.

Plant material replacement: The Owner shall be responsible for replacing all required plant material which shows dead branching over seventy-five (75) percent or more of the normal branching pattern during the time of a normal growing season and repair of irrigation system requirements set herein in perpetuity. Plant materials which die shall be replaced with plant material of similar variety and similar initial size. Upon notification by the City of such replacements, the Owner shall have thirty (30) days to comply with these requirements. Plant materials which die shall be replaced with plant material of similar variety and size, within thirty (30) days. Trees with a trunk diameter in excess of six (6) inches measured twenty-four (24) inches above the ground may be replaced with ones of similar variety having a trunk diameter of no less than three (3) inches measured twenty-four (24) inches above ground. However, if said landscape areas are above the minimum required landscape provisions, death of a plant or plant material which may still result in the requirements of the minimum standards being met does not necessitate replacement, except as required to maintain the integrity of the landscaping design. A time extension may be granted by the Director of Planning if substantial evidence is presented to indicate abnormal circumstances beyond the control of the owner or his agent.

(iv)

Failure to maintain any landscape area in compliance with this section is considered a violation of this Section and may be subject to penalties of Section 8.03.

(k)

Enforcement:

(i)

Building permit: No building permits for building, paving, grading or construction shall be issued until a Landscape Plan meeting the requirements of this Ordinance has been approved by the Landscape Administrator. Under certain conditions the developer and the Landscape Administrator may negotiate the submittal of a Landscape Plan at some time after the issuance of the original building permit.

(ii)

Certificate of occupancy: All plantings, screening, berms or other requirements of this Ordinance shall be installed prior to the issuance of a Certificate of Occupancy (C.O.). Any sod intended must be installed, hydromulch areas must be sprayed. Turf establishment is not required prior to issuance of a C.O.

1)

Temporary Certificate of Occupancy: In any case in which a Temporary Certificate of Occupancy (T.C.O.) is issued because of a delay of the required landscape installation, it shall be in accordance with Section 2.05 herein.

(iii)

Deferral of required landscape installation: In any case in which a C.O. is sought or plant replacement is required at a season of the year in which the Landscape Administrator determines that it would be impractical to install plantings as required herein, a deferral of the required plant replacement may be given for a period not to exceed six (6) months. The applicant shall be required to provide a letter of credit, or escrow deposit in an amount sufficient to cover the installation of the landscape and irrigation requirements herein, plus a ten (10) percent contingency. Such amount shall be evidenced by an itemized bid prepared by a qualified contractor. Upon the failure of the applicant to complete the installation requirements, the City shall have the right to draw upon the letter of credit or escrow deposit to complete the installation of the requirements herein. Any funds in excess of those required to complete the installation shall be retained by the City to offset administrative costs.

(l)

Conflicting Ordinances: This Ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City; and this Ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed.

(m)

[Effect:] This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained.

Recommended Plant List.

(n)

Tree Preservation, Tree Credits and Calculation, and Tree Replacement:

(i)

One of the City's greatest assets is the existence of many specimen quality native trees. One objective of this Ordinance is the preservation of these trees while allowing quality development to take place.

(ii)

Credits shall only be granted if the tree(s) are in healthy condition and all requirements of the Tree Preservation Ordinance have been met as determined by the Landscape Administrator at the time of inspection for a Permanent Certificate of Occupancy.

(iii)

Existing trees which are saved in landscape areas and have at least seventy-five (75) of the "Critical Root Zone" within that area may be granted credits.

(iv)

The credits are awarded at a rate of one (1) credit toward reducing the required plantings for trees six (6) to twelve (12) inches DBH and two (2) credits for trees greater than twelve (12) inches DBH.

(v)

If the existing plants that were given credit toward reducing the required plantings decline within two (2) growing seasons, the owner shall replace that plant with quality plant material equal to the amount of the declined plant.

(a)

Area regulations:

(i)

Building Separation

1)

Between buildings without openings (windows or doors):

a)

One (1) story, fifteen (15) feet

b)

Two (2) stories, twenty (20) feet

2)

Between buildings with openings:

a)

One (1) story, twenty-five (25) feet

b)

Two (2) stories, thirty-five (35) feet

(ii)

All areas adjacent to a street shall be deemed front yards.

(iii)

Efficiency unit apartments cannot comprise more than twenty-five (25) percent of the total number of dwelling units.

(iv)

Parking Regulations:

1)

At least one-half of the required minimum off-street spaces shall be provided in attached fully enclosed garages.

2)

The garage may be part of the dwelling structure.

3)

Garage doors may not face public street.

4)

Garages shall be set back a minimum of eight (8) feet from the circulation aisle.

5)

The garage shall not be used for storage, thereby prohibiting the parking of an inoperable vehicle.

(b)

Refuse facilities:

(i)

Every multi-family dwelling unit shall be located within two hundred fifty (250) feet of a refuse facility, measured along the designated pedestrian and vehicular travel way. A refuse facility shall be a dumpster or other similar receptacle designed for receiving garbage in bulk for more than one dwelling. Refuse dumpsters shall be no closer than thirty (30) feet to any adjacent single-family property.

(ii)

Each refuse facility shall be screened from view on three (3) sides from persons standing at ground level on the site or immediately adjoining property, by an opaque wall of masonry not less than six (6) feet, nor more than eight (8) feet in height or by an enclosure within a building. Refuse containers shall be provided and maintained in a manner to satisfy local public health and sanitary regulations. Each refuse facility shall have a gate and be located so as to provide safe and convenient pickup by refuse collection agencies. (See Article IX for gate design).

(c)

Special considerations:

(i)

Outside storage is prohibited.

(ii)

A site plan with façade elevations is required for all multi-family developments in this district.

(iii)

The front door of each apartment unit shall be no more than one hundred fifty (150) feet from a fire lane (measured by an unobstructed straight line).

(iv)

A paved walkway shall connect the front door of each ground floor unit to a parking area.

(v)

Each multi-family complex shall provide recreational facilities designed for use by the tenants of the complex.

(vi)

Buildings shall not exceed two hundred (200) feet in length.

(vii)

All multi-family dwelling units shall have roof slopes with a minimum of 7:12 pitch.

(viii)

Buildings with façades that are longer than fifty (50) feet shall have their façades broken up into smaller areas through the use of varying façade setbacks, arcades, architectural features such as recessed vestibules, columns, canopies, or other acceptable means.

(ix)

Boats, campers, trailers and other recreational vehicles shall be prohibited unless oversized parking areas are provided as part of the approved site plan. This parking area shall not be used to meet the minimum parking requirements and shall not be in view from a public street.

(x)

All buildings containing residential units shall provide a sign, visible from the entrances and/or the street or drive aisle, identifying the unit numbers within the building.

(xi)

All mechanical, heating and air-conditioning units shall be screened or hidden from view.

(xii)

Usable Open Space - Each lot or parcel of land, which is used for multiple-family residences, shall provide on the same lot or parcel of land, usable open space (as defined below) in accordance with the following requirements:

1)

Calculations

a)

For efficiency and 1-bed apartments, six hundred (600) square feet is required per apartment

b)

For apartments with two (2) or more bedrooms, an additional three hundred (300) square feet is required per additional bedroom

2)

An area of common usable open space shall have a slope not exceeding ten (10) percent , shall have no dimension of less than ten (10) feet, and may include landscaping, walks, recreational facilities, water features and decorative objects such as art work or fountains. Usable open space shall not include: rooftops; accessory buildings; parking areas; driveways; turnaround areas; or the right-of-way or easement for streets or alleys.

(xiii)

At the time of Site Plan Approval, the Planning and Zoning Commission may recommend and the City Council may approve credit for usable open space requirements under the following conditions:

1)

Up to three (3) square feet for each one (1) square foot of area provided for the following recreational facilities:

a)

Swimming pools, tennis courts, racquetball courts, or similar facilities.

b)

Decks, patios or lounge areas adjacent to or within ten (10) feet of swimming pools.

c)

Children's play areas developed with play equipment.

d)

Usable portions of recreational buildings.

2)

Partial or full credit may be given for on-site open space that exceeds the minimum slope as defined above, if it is determined that such areas are environmentally or aesthetically significant and their preservation would enhance the development and community. In determining environmental and aesthetic significance, the Planning and Zoning Commission and City Council will consider:

a)

Preservation of significant trees or other natural vegetation.

b)

Contribution to on-site retention of storm water or natural control of drainage.

c)

Preservation of vistas and other qualities.

d)

Buffer or transition between the multi-family use and other uses.

3)

Available off-site open space may be credited for up to one-third (⅓) of the usable open space requirement if:

a)

Fifteen (15) percent or more of the site's boundary is adjacent to public park land.

b)

There are defined pedestrian connections between the multi-family development and park land.

c)

Permanent usable open space is within one hundred (100) feet of the development that is available for use by the general public.

d)

The design of the development provides a significant visual and pedestrian connection to public park land.

4)

The combined credit for areas calculated at a three-to-one basis and off-site parks or usable open space shall not exceed fifty (50) percent of the total usable open space requirement for each multi-family development.

(xiv)

All stairs (except entry stairs and stoops to individual units and shared hallways) and elevated walkways shall be screened with architectural features to avoid a direct view of a stairwell form public streets and open space.

(xv)

Except for decorative windows, bay windows, transoms, and side lights, all residential windows shall be operable. The windows in living areas and bedrooms, except for dormer windows shall be a minimum of fifteen (15) square feet in size.

(xvi)

The exterior surface of all structures including screening walls, wing walls, gables, and columns shall be constructed of at least ninety (90) percent masonry construction materials.

(xvii)

All chimneys and fireplaces on external wall surfaces shall be constructed of one hundred (100) percent masonry construction.

(xviii)

All Multifamily buildings must use four (4) or more of the following architectural features:

1)

Awnings/Canopies.

2)

Balconies.

3)

Dormers.

4)

Offsets within each building (minimum of twenty (20) feet to receive credit).

5)

Patio.

6)

Porches.

7)

Stoop.

8)

Mixture of Stone and Brick Construction.

9)

Varied roof height (minimum ten (10) foot difference).

10)

Others approved by City staff.

(xix)

A minimum of four (4) of the following amenities will be incorporated into each Multifamily development:

1)

Day Care (on-site) (would require Specific Use Permit).

2)

Exercise Facility.

3)

Gazebo.

4)

Improved picnic areas.

5)

Jogging trail.

6)

Lake with constant water level.

7)

Playground tot lot.

8)

Putting green.

9)

Sports court and fields.

10)

Swimming pool.

11)

Theater.

12)

All units provided with enclosed garages.

13)

Others as approved by City staff.

(a)

Parking:

(i)

Tenant Parking: Each parking space shall be concrete in accordance with City standards and located to eliminate interference with access to parking areas provided for other manufactured homes and for public parking in the park (see Section 5.06).

(ii)

Visitor and Supplemental Parking: In addition to parking spaces required for each manufactured home unit, there shall be parking provided for the manufactured home community in general (see Section 5.06).

1)

One (1) visitor parking space for every three (3) manufactured home spaces; and

2)

One (1) supplemental parking or vehicle storage space for the parking or storage of boats, campers and similar vehicles or equipment for every four (4) manufactured home spaces

(iii)

Supplemental spaces may be located anywhere within the manufactured home community provided that no manufactured home space shall be situated further than one hundred fifty (150) feet from a visitor space

(iv)

Each parking space will be not less than nine (9) feet by eighteen (18) feet (9' × 18'), which is not to be included in the lot size.

(b)

Access: Each manufactured home community shall have direct access from a public street or an internal street.

(i)

Where an internal private street provides access, the same shall be concrete in accordance with City standards dedicated to the public as an emergency access or fire lane easement to allow for the rapid and safe movement of vehicles used for the purpose of providing emergency health or public safety services.

1)

Each emergency access easement shall have a clear unobstructed width of twenty-four (24) feet , shall connect to a dedicated public street, and shall have a turning area and radii a minimum of fifty (50) feet to permit free movement of emergency vehicles.

2)

Dead end streets are not allowed.

3)

Cul-de-sac streets shall not exceed four hundred (400) feet in length.

4)

Fire lane easements shall be maintained by the manufactured home park.

(c)

Walkways: Designated concrete walkways four (4) feet in width will be provided on both sides of roadways or streets.

(d)

Street Names and Signs: Within each manufactured home park, all streets shall be named, and manufactured homes numbered in a logical and orderly fashion. Street signs shall be of a color and size contrasting with those on public streets and roadways so that there is no confusion regarding which are private and which are public streets. These signs and numbers shall be of standard size and placement to facilitate location by emergency vehicles. Street names shall be approved by the City Manager's designated representative.

(e)

Other Signs: Along all sections of emergency access easements, the owner or agent shall erect metal signs prohibiting parking. The sign type, size, height and location shall be in accordance with the Manual of Uniform Traffic Control Devices and approved by the Director of Public Works.

(f)

Intersections: Internal streets shall intersect adjoining public streets at approximately ninety (90) degrees and at locations which will eliminate or minimize interference with traffic on those public streets.

(g)

Street Lighting: Street lighting within the manufactured home park shall be provided and maintained by the owners of the manufactured home park.

(h)

Electric, Telephone and Cable TV Service: All electrical distribution lines, cables, and all telephone lines shall be underground except the primary service lines to the Park.

(i)

Drainage and Soil Protection: The ground surface in all parts of the park shall be graded and equipped to drain all surface water in a safe, efficient manner. Each manufactured home space shall provide adequate drainage for the placement of a manufactured home. Exposed ground surfaces in all parts of every manufactured home park shall be paved and/or covered with stone, brick paving, or other similar solid material, or protected with a vegetative growth (such as grass) capable of preventing soil erosion and eliminating dust.

(j)

Firefighting:

(i)

Approaches to all manufactured homes shall be kept clear for firefighting.

(ii)

The owner or agent of a manufactured home park shall be responsible for the instruction of any staff in the use of the park fire protection equipment and in their specific duties in the event of a fire. Owner shall supply standard City fire hydrants located within two hundred fifty (250) feet of all manufactured home spaces, measured along the drive or street.

(iii)

The owner or agent of a manufactured home park shall be responsible for maintaining the entire area of the park free of dry brush, leaves, and weeds in excess of twelve (12) inches in height.

(k)

Refuse Handling and Collection: The owner or agent of a manufactured home park shall provide an adequate system of collection and safe disposal of rubbish, as approved by the City. Storage, collection and handling of refuse shall be conducted so as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. Every dwelling unit shall be located within two hundred fifty (250) feet of a refuse facility measured along the designated pedestrian or vehicular travelway. There shall be available at least six (6) cubic yards of refuse containers per thirty (30) units. If trash dumpsters are used, they shall be screened.

(l)

Anchorage of Manufactured Homes: To insure against natural hazards such as tornados, high winds, and electrical storms, anchorage at each manufactured home shall be provided according to the Bureau of Labor Standards and other applicable State laws.

(m)

Skirting:

(i)

All manufactured home units not attached to a permanent ground level foundation shall provide weather resistant skirting from the top of the unit's frame to grade. Skirting shall totally enclose and secure from view the unit's axles and all required anchors, footings, and piers.

(ii)

All required skirting shall be of a texture and color similar to the materials used in the construction of the manufactured home unit.

(a)

In the FD, RR, SF1, SF2, SF3, 2F, and MH Zoning Districts, an accessory structure is a subordinate or incidental structure detached from the main building and not used for commercial purposes and not rented.

(b)

In MF1, MF2, and all other Zoning Districts not listed in above, an accessory structure is a subordinate structure, the use of which is secondary to and supportive of the main building. Accessory structures shall not be permitted without a main building or primary use being in existence.

(c)

[Accessory structures:] Accessory structures used as a dwelling unit (Accessory Dwelling Unit(s) or ADUs) within an FD, RR or SF1 Zoning District are allowed only as an incidental residential use of a building on the same lot as the main dwelling unit and used by the same person or persons of the immediate family, and meet the following standards:

(i)

Must be constructed to the rear of the main dwelling, separate from the main dwelling. Each lot must have a minimum of one (1) acre upon which a detached accessory dwelling unit may be constructed.

(ii)

May be constructed only with the issuance of a Building Permit and shall be constructed out of the same material as the main structure.

(iii)

May not be sold separately from sale of the entire property, including the main dwelling unit, shall not have a separate electric meter, and shall not be sublet.

(iv)

Setback requirements shall be the same as for the main structure.

(v)

Not permitted without a main or primary structure.

(vi)

If equal to or greater than seven hundred (700) square feet shall only be permissible by a Specific Use Permit (SUP).

(d)

Regulations for accessory structures in FD, RR, SF1, SF2, SF3 Zoning Districts:

(i)

Accessory structures, including a private garage, shall not occupy more than fifty (50) percent of the minimum required rear yard. When the accessory structure is attached to the main building, it is considered an integral part of the main building and must comply with building expansion requirements contained in this Ordinance.

(ii)

Detached garages and living quarters above a detached garage, or other accessory structures such as barns, sheds, and other structures are permitted.

(iii)

Detached servants quarters without a garage shall be permitted by SUP.

1)

No such accessory building or quarters shall be used or occupied as a place of abode or dwelling by anyone other than a bona fide servant or farm worker actually and regularly employed by the land owner or occupant of the main building or is a guest or family member.

2)

The structure shall in any case not be leased or sold and shall not be separately metered.

(e)

Regulations for accessory structures in MH zoning districts:

(i)

Accessory structures and uses customarily incidental to the residential MH uses and located on the same lot therewith, but not involving the conduct of a retail business except as provided herein:

1)

Temporary metal buildings less than two hundred (200) square feet which are used for tool and supply storage are permitted.

2)

A detached private garage or an attached private garage, in a compartment as a part of the main building.

(f)

Regulations for accessory structures in FD, RR, SF1, SF2, SF3, 2F, and MH Zoning Districts:

(i)

Size of Yards:

1)

Front Yard: Accessory structures shall not be located closer to the front property line than the main building or the front yard setback requirement for that zoning district, whichever is greater.

2)

Rear Yard: When the accessory structure is a garage with rear access, the rear setback shall be a minimum of twenty (20) feet from the property line. All other accessory structures including carports shall not be located closer than three (3) feet to the rear property line.

3)

Side Yard: Accessory structures shall not be closer than five (5) feet to the side property line when the accessory structure is located behind the main building. When the accessory structure is located in the side yard, the setback for the accessory structure will be the same as the setback requirement for the main building.

(ii)

Carports shall be measured from the posts supporting the roof nearest to the right-of-way or alley. See Article IX.

(iii)

Accessory structures are not permitted without a main building.

(iv)

Accessory structures seven hundred (700) square feet or greater may only be permitted by Specific Use Permit and shall meet all of the Development Standards set forth for the main structure.

(v)

Accessory structures shall not exceed one story in height.

(vi)

Metal shipping containers may not be used as an accessory structure.

(vii)

Accessory structures are limited to two (2) per single family residential structures.

(viii)

Combined floor area for two (2) accessory structures in excess of one thousand (1,000) square feet per platted lot requires a SUP.

(ix)

On property greater than one acre in size, a third or more accessory structures may be permitted, regardless the size of the structures, through approval of a SUP.

(g)

Regulations for Boat Dock Accessory Structures:

(i)

A boat dock is not permitted on a property without the presence of a single family primary residence.

(ii)

A boat dock cannot exceed one thousand five hundred (1,500) square feet.

(iii)

A dock must not remove or limit lake access to or from other properties.

(iv)

A dock may not extend greater than one hundred (100) feet in length into the lake. This distance is measured from the lake elevation 531.5 to the furthest point of the dock.

(v)

A dock must maintain a minimum of twenty-five (25) feet from the front facing façade of the boat dock to any neighboring dock or structure.

(vi)

In the event one or more of the criteria from 5.07 g. cannot be met, an approval must be received in the form of an approved SUP.

(h)

[Garage ADU:] A Garage ADU is permitted by Specific Use Permit (SUP) in accordance with Section 7.03 and shall not exceed the height of the main structure.

(i)

In the FD, RR and SF1 Zoning Districts, they can be up to two (2) stories.

(ii)

In other Zoning Districts, they can be up to two (2) stories if permitted by an SUP if it is determined that there is no adverse impact of adjacent properties.

(i)

Metal accessory structures (not to include metal shipping containers), other than those covered in this Section, that are less than five hundred (500) square feet in floor area are permitted; however, said building shall not be used as an enclosed parking area or garage.

(j)

Other Structures: Accessory structures, other than carports, shall not be located within five (5) feet of any other structure.

(i)

Real estate sales offices during the development of residential subdivisions in which the office is located until eighty (80) percent of the building permits of the platted lots in the subdivision are issued.

(ii)

Temporary field or construction office for uses incidental to construction work on the premises, which said buildings shall be removed upon the completion or abandonment of construction work or by order of the City Manager or designated representative. Specific time allowed and location shall be specified by the City Manager or designated representative.

(k)

Portable Storage Structures and Temporary Buildings:

(i)

The use of portable storage structures are allowed in all districts under the following conditions when granted a temporary permit.

(ii)

There must be no more than one (1) portable storage structure per property.

(iii)

A portable storage structure must not remain at a property in any zoning district in excess of thirty (30) consecutive days, and must not be placed at any one (1) property in a zoning district in excess of thirty (30) days in any calendar year.

(iv)

The portable storage structure must be set back a minimum of five (5) feet from all property lines and from the nearest wall of a building.

(v)

The portable storage structure must be placed on a concrete surface.

(vi)

Portable storage structures associated with construction at a site where a building permit has been issued are permitted for the duration of construction and shall be removed from the site within fourteen (14) days of the end of construction.

(l)

Accessory Uses:

(i)

A mix of uses on the same lot can be permissible per Section 7.01 and in accordance with any applicable development standards contained within this Ordinance.

(Ord. No. 3175, §§ 7, 8, 1-21-20)

(a)

General purpose and description: Signs use private land near the public rights-of way to inform and persuade the general public by publishing a message. This section provides standards for the erection and maintenance of private signs. All private signs that are not exempt as provided below shall be erected and maintained in accordance with these standards. The general objectives of these standards are to promote health, safety, welfare, convenience, and enjoyment of the public, and in part, to achieve the following:

(i)

Safety: To promote the safety of persons and property by providing that signs:

1)

Do not create a hazard due to collapse, fire, collision, decay or abandonment;

2)

Do not obstruct firefighting or police surveillance; and

3)

Do not create traffic hazards by confusing or distracting motorists, or by impairing the driver's ability to see pedestrians, obstacles, or other vehicles, or to read traffic signs or emergency vehicles.

(ii)

Communication Efficiency: To promote the efficient transfer of information in sign messages by providing that:

1)

Those signs which provide messages and information most needed and sought by the public are given priorities;

2)

Businesses and services may identify themselves;

3)

Customers and other persons may locate a business or service;

4)

No person or group is arbitrarily denied the use of the sight lines from the public rights-of-way; and

5)

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.

(iii)

Landscape Quality and Preservation: To protect the public welfare and to enhance the appearance and economic value of the cityscape, by providing that signs:

1)

Do not interfere with scenic views;

2)

Do not create a nuisance to persons using the public rights-of-way;

3)

Do not create a nuisance to occupancy of adjacent and contiguous property by their brightness, size, height or movement; and

4)

Are not detrimental to land or property values.

(b)

Administration:

(i)

The provisions of this Section shall be administered and enforced by the City Manager or designated representative of the City of Waxahachie.

(ii)

The permittee, owner, agent, person or persons having the beneficial use of the sign, the owner of the land or structure upon which the sign is located, and the person in charge of erecting the sign are all subject to the provisions of this Section.

(c)

Permit procedures and fees:

(i)

Requirements: It shall be unlawful for any person to erect, replace, enlarge or relocate any sign within the City without first obtaining a permit to do so, except as may be hereinafter provided. All sign construction shall conform to the adopted Building Code.

(ii)

Applications for Permits: All applications for permits shall include a drawing to scale of the proposed sign (including size, colors and design) and all existing signs maintained on the premises and visible from the right-of-way, a drawing(s) of the lot plan and/or building façade indicating the proposed location(s) of the sign, and sign specifications. Applications shall be made on forms provided by the City. If a site plan is required, the sign location shall also be shown on the site plan drawing.

(iii)

Fee Required: Fees for a permit to erect, alter, replace or relocate a sign shall be as provided by separate ordinance.

(iv)

Repair Permit (Nonconforming Signs): It shall be unlawful for any person to repair or make alterations to any nonconforming sign without first obtaining a repair permit and making payment of the fee required. Fees for a permit to repair shall be as provided by separate ordinance.

(v)

Permit Revocable: The Building Official may suspend or revoke any permit issued under the provisions of this Section whenever he shall determine that the permit is issued in error or on the basis of incorrect or false information supplied, or whenever such permit is issued in violation of any of the provisions of this Section or any other ordinance of the City of Waxahachie or the laws of this State or of the federal government. Such suspension or revocation shall be effective when communicated in writing to the person to whom the permit is issued, the owner of the sign, or the owner of the premises upon which the sign is located. Any sign installed under a revoked permit shall be removed by the permit holder, sign owner or property owner within fifteen (15) days of written notice of the revocation.

(vi)

Inspections:

1)

All signs for which a permit is required shall be subject to inspection by the Building Official.

2)

Footing inspections shall be required by the Building Official for all signs having footings prior to the erection of a sign.

3)

All signs containing electrical wiring shall be subject to the provisions of the governing Electrical Code, and the electrical components used shall bear the label of an approved testing agency.

4)

The Building Official may order the revocation of any sign permit and/or the removal of any sign that is not maintained in accordance with the provisions of any City ordinance.

5)

The Building Official may inspect annually, or at such other times as he deems necessary, each sign regulated by this Section for the purpose of ascertaining whether the same is secure or insecure, whether it still serves a useful purpose, and whether it is in need of removal or repair.

(vii)

Investigation Fee: When a sign is erected, placed or maintained, or work started thereon before obtaining a sign permit, it shall be subject to an investigation fee as specified by separate ordinance. The investigation fee does not excuse full compliance with the provisions of this Section.

(viii)

Electrical Permit: Prior to issuance of a sign permit for a sign in which electrical wiring and connections are to be used, an electrical permit must be obtained according to the existing fee schedule. The electrical inspector shall examine the plans and specifications submitted with the application to insure compliance with the Electrical Code of the City. No sign shall be erected in violation of the Electrical Code. However, the sign contractor may tie the sign to an existing power source or power provided by an electrician that has permitted the job. The electrical power supply for a sign must be placed underground within an acceptable type of conduit, and shall be concealed from view (i.e., it cannot be strung as an overhead line). No temporary electrical service for signs shall be allowed.

(d)

Regulations for specific types of signs:

(i)

The definitions of general terms used within this Section may be found in Appendix A-3 of the Zoning Ordinance.

(ii)

The following regulations generally pertain to specific types of signs.

1)

Awning Sign: The sign copy on an awning sign shall not exceed the area and size dimensions permissible for a wall sign on the wall upon which it is attached, and the sign copy shall not be illuminated. The total area of wall signs and awning signs on any wall surface shall not exceed the area and size allowed for a single wall sign. Any awning sign shall not exceed seventy-five (75) percent of the awning's surface area. An awning sign shall have a minimum clearance of eight (8) feet above any sidewalk/pedestrian travel surface, and fourteen (14) feet above any vehicular parking or circulation surface.

2)

Banner: A banner generally exhibits a text message or a symbol(s) for the business located on the property or for a product or service provided by said business. Banner signs shall not be utilized as permanent wall signs. National, State, or local government flags are not considered banners and are included in the definition of Flag.

3)

Canopy Sign: The sign may consist of only the name, logo, or both of the business at the location of the canopy. An illuminated stripe may be incorporated into a canopy. The stripe may extend along the entire length of the face of the canopy. The width or thickness of the stripe shall be limited to one-third (⅓) of the vertical dimension of the face of the canopy. The internal illumination of a canopy is limited to the portions of the canopy face upon which a sign or illuminated stripe is permitted. A canopy sign shall have a minimum clearance of eight (8) feet above any sidewalk/pedestrian travel surface, and fourteen (14) feet above any vehicular parking or circulation surface.

4)

Construction Sign: Construction signs may be erected in nonresidential and residential zoning districts, and shall not exceed thirty-two (32) square feet in size and a maximum height of fifteen (15) feet. The required setback for a construction sign shall be twenty (20) feet from the front property line, and construction signs are limited to one (1) per street front. A construction sign shall be removed prior to the issuance of a Certificate of Occupancy or, in the case of a residential dwelling, prior to the final building inspection.

5)

Development Signs: Development signs may be erected in nonresidential and residential zoning districts, and shall not exceed one hundred (100) square feet in size and a maximum height of twenty (20) feet. Such signs must relate only to the property on which they are located. The required setback for a development sign shall be thirty (30) feet or the required building setback line if less than thirty (30) feet. Each development may have one (1) such sign for each portion of fifty (50) acres of total project size. A development sign shall be removed when the project is ninety (90) percent complete. In the case of a commercial project, the ninety (90) percent complete threshold is reached when a Certificate of Compliance is issued for a shell building. For a residential project, the ninety (90) percent complete threshold is reached when ninety (90) percent of the subdivision is permitted.

6)

Directional Sign (On-Site): Directional signs shall not show advertising, such as company names or logos or advertised specials of any type. Examples include, but are not limited to, signs with or without a directional arrow and wording such as Entrance, Exit, Visitor Parking, Customer Service Department, One Way, and Leasing Office This Way.

7)

Directory/Informational Sign (On-Site): Directory or Informational signs shall not show any advertising (such as corporate logos, advertised specials, etc.) other than the names of occupants/businesses and arrows directing traffic to those locations.

8)

Electronic Message Sign:

a)

Signs shall have no flashing copy or lights; revolving beacon lights; chasing, blinking, or stroboscopic lights; or, fluttering, undulating, swinging, or otherwise moving parts.

b)

Electronic message signs may be allowed in any Zoning District by Specific Use Permit (SUP) in accordance with Section 7.03.

c)

A maximum of seventy (70) percent of the sign face may be devoted to changeable sign copy.

d)

Changeable message copy signs may not be used to display commercial messages relating to products or services that are not offered on the premises.

e)

Any electronic message signs that are illuminated by artificial light or projects an electronic message through a changeable copy sign that is within four hundred (400) feet of a residence, park, playground, or scenic area as designated by a governmental agency having such authority shall not be lighted between the hours of 10:00 p.m. and 6:00 a.m.

f)

Such signs shall not exceed a brightness level of 0.3 foot candles above ambient light. In all zoning districts such signs shall come equipped with automatic dimming technology, which automatically adjusts the sign's brightness based on ambient light.

g)

These shall be restricted to the form of monument signs.

h)

Additional requirements may be set forth by the Planning and Zoning Commission and/or City Council.

9)

Flag: A fabric, banner, or bunting containing distinctive colors, patterns, words, or insignia that symbolize a government, political subdivision, or some other professional, religious, educational, or nonprofit entity. A Flag may only be displayed for noncommercial or not-for-profit purposes.

10)

Garage Sale Sign: Off-premises garage sale signs are permitted, provided they have the address of the sale upon them, they are self-supporting, they are not placed within public rights-of-way, and they are not mounted upon trees, fences, public utility structures, telephone poles, street light standards, street sign poles, or public buildings. A fine may be assessed for each off-site garage sale sign that is erected in violation of these regulations.

11)

Kiosk Sign: The City Council, by duly executed license agreement, shall grant the exclusive right to design, erect, and maintain kiosk signs within the City of Waxahachie.

a)

Kiosk signs must be designed and constructed according to the specifications contained in the license agreement approved by the City Council.

b)

Prior to erecting any kiosk sign, the licensee shall submit a sign location map to the City for approval.

c)

Kiosk signs shall include breakaway design features as required for traffic signs in the street rights-of-way.

d)

Price information is prohibited on kiosk signs.

e)

No signs, pennants, flags, or other devices for visual attention of other appurtenances shall be attached to kiosk signs.

f)

Kiosk signs shall not be illuminated.

g)

Individual sign panels on kiosk signs shall have a uniform design and color.

h)

Kiosk signs shall not interfere with the use of sidewalks, walkways, bike trails, or hiking trails; shall not obstruct the visibility of motorist, pedestrians, or traffic control signs; shall not be installed in the immediate vicinity of street intersections and shall comply with the any visibility triangle as dictated by the City of Waxahachie.

i)

No kiosk sign plaza or sign panel shall be installed within the right-of-way of a state highway without written authorization from the Texas Department of Public Transportation.

j)

All kiosk signs shall be maintained in like-new condition and shall be free of grass and weeds in surrounding vicinity.

k)

The agreed upon license shall be consistent and comply with this Ordinance.

12)

Model Home Sign: Model home signs may be erected in residential zoning districts, and shall not exceed sixteen (16) square feet with a maximum height of six (6) feet. Required setback shall be fifty (50) percent of the distance between the front property line and the building, but no less than ten (10) feet from the front property line. Model home signs are limited to one (1) per premises. Each builder within the subdivision may have one (1) model home sign and the permit for such sign shall be granted for a period of time to coincide with the validity of the model home's Certificate of Occupancy.

13)

Monument Sign: Monument signs shall have a low profile and must be made of stone, concrete, brick, or other similar materials. A monument sign shall be solid from the ground up and all pole(s) or supports shall be concealed.

14)

Name Plate: A nameplate shall not exceed four (4) square feet in size.

15)

Pole Sign and Pylon Sign:

16)

Political Sign: Political signs are allowed on private property with the permission of the property owner in any Zoning District. Political signs are prohibited within rights-of-way and may not be posted on trees, fences, public property, public utility structures, telephone poles, street light standards, street sign poles, or public buildings. Political signs may be placed no more than 120 days prior to the election for which the sign is applicable and must be removed no later than fifteen (15) days after the applicable election has taken place. Political signs placed on property which is zoned residential may be no greater than thirty-two (32) square feet in area. Political signs placed within or on any prohibited area may be removed and disposed of by City of Waxahachie (or applicable utility company) personnel, and removal costs, fines, or both may be assessed for removal of the signs and/or noncompliance with this Section of the Zoning Ordinance.

17)

Projecting Sign: Projecting signs shall have a minimum clearance of eight (8) feet above any sidewalk or other pedestrian travel surface, and fourteen (14) feet above any vehicular parking or circulation surface.

18)

Promotional Flags or Pennants: Promotional flags or pennants may or may not exhibit a text message or symbol of any kind, and may be a single color or several colors. For the purposes of this Section, a string of multiple pennants or streamers, of whatever length, shall also constitute a Promotional Pennant. See Promotional Signage for additional information.

19)

Promotional Signage: Promotional signage may include banners, flags, pennants, streamers, balloons, inflatable signs and devices, or any other legal types of signs allowed by this Section. A searchlight may be used provided it complies with all other provisions of this Section .

a)

Promotional signage is allowed for up to two (2), fourteen (14) day periods each calendar year per legal business, which equates to a maximum annual total of twenty-eight (28) days. These time periods must be separated by at least thirty (30) days. A legal business shall include any retail, commercial, industrial or institutional use for which the Building and Community Services Department has issued a Certificate of Occupancy.

b)

The promotional signage shall be limited to a maximum of fifty (50) square feet in area per sign.

c)

The number of signs permitted is dependent on street frontage. One (1) sign is permitted for every one hundred (100) feet of frontage.

d)

A separate permit is required for each sign each two-week period promotional signage will be used. If any device described as promotional signage is installed prior to issuance of a permit, fines for noncompliance with this Ordinance may be assessed in addition to the permit fee.

e)

Promotional signage shall be contained on the property of the legal business which it advertises, and shall not extend into the City right-of-way or onto other adjacent property(s). Signage shall not be located in any sight visibility triangle/area, nor shall any combustible materials be placed in contact with lighted signs or any electrical fixtures.

f)

A sign announcing the grand opening of a legal business shall be allowed for a maximum of fourteen (14) days. This sign permitted in the front yard of the business and shall be limited to a maximum of one hundred fifty (150) square feet in area. One (1) sign is permitted per legal business. After a grand opening sign's permit lapses, the business must wait thirty (30) days before applying for a promotional sign, which will be regulated as shown above.

20)

Real Estate Sign: Real estate signs may be erected in nonresidential and residential Zoning Districts, and shall not exceed thirty-two (32) square feet with a maximum height of fifteen (15) feet. The required setback shall be eight (8) feet from any front, side, or rear property line, and signs are limited to one (1) per street front. A real estate sign shall be removed upon the sale or rental of the property.

21)

Sandwich Board Sign:

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Searchlights: Searchlights may be permitted in accordance with any other applicable City regulations, and may include traditional searchlight devices or laser-type devices. A permit for use of an advertising searchlight may be granted under the following additional regulations:

a)

A searchlight shall be located a minimum distance of fifty (50) feet from any public right-of-way and from side or rear property lines, and shall be positioned so as to project all beams at minimum angle of thirty (30) degrees upward from grade level. No searchlight beam may project onto adjacent property or onto property or buildings not owned/operated by the business utilizing the searchlight.

b)

The maximum light intensity generated by searchlights on any premises may not exceed a total of one thousand six hundred (1,600) million foot-candle power. No more than four (4) beams of light may be projected from any premises at any point in time.

c)

All searchlights must be designed and maintained so as to prevent beam rays of light or laser beams from being directed at any portion of the traveled ways. No light shall be of such intensity or brilliance as to cause glare, to impair the vision of the driver of any vehicle, to create any other type of traffic hazard, or to be such an unusual, eye-catching display that would distract the attention of motorists.

d)

No advertising searchlight may be operated between the hours of 11:00 p.m. until 7:00 a.m.

e)

No advertising searchlight may be operated on a premises for more than seven (7) consecutive days, nor for more than fourteen (14) days within any calendar year. No permit for an advertising searchlight may be issued for any business entity for which a permit has been issued for a searchlight on the same premises within the last six (6) months preceding the date of the permit application.

23)

Unified-Lot Sign: Unified lot signs must meet all requirements of a monument sign, and may be placed on a premises consisting of two (2) or more contiguous lots where each lot owner has entered into a binding agreement through an easement to treat their separate lots as one (1) lot for the limited purpose of signage. The agreement shall contain a legal description of the properties subject to the agreement; the agreement is a covenant running with the land to be filed and made a part of the Deed Records of Ellis County, Texas; and that the agreement cannot be amended or terminated without the consent of City of Waxahachie. Unified-lot sign may be allowed by Specific Use Permit (SUP). Additional requirements may be set forth by the Planning and Zoning Commission and/or City Council.

24)

Wall Sign: Neon (or other gaseous) tubing attached directly to a wall surface shall be considered a Wall Sign when forming a border for the subject matter, when directing attention to the subject matter, or when forming letters, logos, symbols, or pictorial designs.

a)

Unless otherwise specifically provided, the regulations set forth in this Section shall be applicable to all attached signs that are allowed under this Ordinance.

b)

Installation Requirements. All signs and their words shall be mounted parallel to the building surface to which they are attached, and shall project no more than twelve (12) inches from that surface, except for Projecting Signs. Wall signs shall not extend above the wall or building surface to which the sign is attached. Banner signs shall not be utilized as permanent wall signs, but only as Promotional Signs.

c)

Window Sign:

(e)

General provisions for signs:

(i)

Removal of Signs:

1)

Removal of Obsolete Signs - Any sign which the Building Official determines no longer serves a bona fide use conforming to this Section, shall be removed by the owner, agent or person having the beneficial use of the land, buildings or structure upon which such sign is located within fifteen (15) days after written notification to do so from the Building Official. Upon failure to comply with such notice, the Building Official is hereby authorized to cause the removal of such sign, and any expense incurred thereto shall be paid by the owner of the land, building or structure to which such sign is attached or upon which it is erected.

2)

Removal or Repair of Unsafe Signs - If the Building Official shall determine that any sign is unsafe or unsecure, or is a menace to the public, he shall give written notice to the person or persons responsible for such sign. If the sign permit holder, owner, agent or person having the beneficial use of the premises and/or the sign fails to remove or repair the sign within (15) days after such notice, such sign may be removed by the Building Official at the expense of the permit holder, sign owner, or owner of the property upon which the sign is located. The Building Official may cause any sign which is deemed to be an immediate hazard to persons to be removed summarily and without notice.

3)

Removal Expenses - Upon failure of the sign permit holder, owner, agent or person responsible for a sign to remove it upon fifteen (15) day notice to do so by the Building Official, the Building Official is hereby authorized to enter the property upon which such sign is located, and to cause the removal of such sign. The owner of the land, building or structure to which such sign is attached and upon which it is erected and/or the owner/permit holder of such sign are jointly and severably liable for any expense incurred in removal of the sign.

(ii)

Maintenance of Signs: All signs and sign support structures, together with all of their supports, braces, guys and anchors, shall be kept in good repair and in a proper state of appearance and preservation. No sign will be allowed to be kept in a dilapidated or deteriorated condition. Any sign which the Building Official determines is in an unacceptable, deteriorated condition shall be removed by the owner, agent or person having the beneficial use of the land, buildings or structure upon which such sign is located within fifteen (15) days after written notification to do so from the Building Official. Upon failure to comply with such notice, the Building Official is hereby authorized to cause the removal of such sign, and any expense incurred thereto shall be paid by the owner of the land, building or structure to which such sign is attached or upon which it is erected.

(iii)

Signs in a Planned Development (PD) District: In a PD district, the sign standards shall be as specified in this Section of the Zoning Ordinance, unless specifically cited otherwise in the amending ordinance that establishes the PD zoning district.

(iv)

Sign Heights and Setbacks: Unless otherwise stipulated for the specific sign type or in the amending ordinance establishing a PD zoning district, no sign shall be constructed to exceed the maximum building height permitted in the specific zoning district where the sign is located except within shopping centers or similar commercial/office centers containing six (6) acres or more. Within highway service oriented retail, commercial or industrial districts (i.e., districts located adjacent to a highway), a pylon or major identification sign not to exceed fifty (50) feet in height may be erected when set back from all property lines a distance equal to the height of the sign. All such high-rise signs shall comply with the Building Code and with other applicable codes/ordinances of the City of Waxahachie which pertain to design and construction. All signs twenty-five (25) feet in height and greater shall be set back a minimum distance of twenty-five (25) feet, plus one (1) foot for each foot the sign exceeds twenty-five (25) feet, from all property lines.

(v)

Noninterference with Traffic: No sign shall be located or constructed as to interfere with or confuse the flow or control of traffic on the public streets, and no sign shall use a rotating beacon, beam or flashing illumination resembling an emergency signal. It shall be unlawful to erect, relocate or maintain any sign in such a manner as to obstruct free and clear vision at any location whereby, by reason of position, size, movement, shape, color, flashing, manner or intensity of illumination, such sign may interfere with vehicular or pedestrian traffic. Further, it shall be unlawful to erect or maintain any sign in such a manner as to interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device. Accordingly, no sign shall make use of the words, "Stop", "Go", "Look", "Slow", "Danger", or any other similar word, phrase, symbol or character or employ any red, yellow, orange, green or other colored lamp or light in such a manner as to cause confusion to or otherwise interfere with, vehicular or pedestrian traffic.

(vi)

Signs Projecting into Rights-of-Way: No sign shall be erected so as to project into the public right-of-way of any street or alley, except in the Central Area (CA) zoning district. In the CA district, projecting signs shall not extend outward from any building façade into the public right-of-way for a distance of more than ten (10) feet or to within eighteen (18) inches of the street curb, whichever is more restrictive. Projecting signs shall have a minimum clearance of eight (8) feet above any sidewalk/pedestrian travel surface, and fourteen (14) feet above any vehicular parking or circulation surface (including rights-of-way).

(vii)

Number of Sign Face Panels/Surfaces: No sign structure shall contain more than two (2) sign face panels facing (i.e., exposed; readable) in the same direction.

(viii)

Flags: American, State of Texas, or local government flags less than sixty (60) square feet shall be exempt from this Section, except only one (1) of each type shall be permitted per lot or business. Any flag over sixty (60) square feet shall be classified as a general business sign.

(ix)

Wind Pressure and Dead Load Requirements: All signs shall be designed and constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot of area, and shall be constructed to receive dead loads as required by the Building Code.

(x)

Illegal Signs: Owners with/of illegal (either conforming or nonconforming) signs must obtain a permit from the Building and Community Services Department of the City of Waxahachie prior to any expansion of an existing sign.

(xi)

Nonconforming Signs: A sign which does not conform to the regulations prescribed in this Section and which existed lawfully on the date of adoption (i.e., on the effective date) of this Section, or amendment hereto, shall be deemed a nonconforming sign. A nonconforming sign shall be allowed to remain as is in the same location wherein it existed on the effective date of this Section unless/until one or more of the conditions stated in subsection 1. below exists/occurs.

1)

The right to continue all nonconforming signs shall cease and such sign shall be removed within fifteen (15) days whenever:

a)

A change of property ownership and/or business occupancy occurs;

b)

A sign is altered, moved or relocated without a permit pursuant to the provisions of this Section;

c)

A sign is damaged, defaced or destroyed and the cost to repair it exceeds sixty (60) percent of the replacement/repair cost of the sign on the date of damage (if an existing nonconforming sign is already in a dilapidated/deteriorated condition or if it represents a public safety hazard as of the effective date of this Section, then it must either be repaired/refinished to a reasonable state of repair or removed at the owner's expense);

d)

A sign which is normally perpendicular (90 degrees) to the ground leans such that an angle between the sign and the ground is seventy-five (75) degrees; or less (or, for a sign that was purposefully placed at an angle upon installation, its angle to the ground decreases by fifteen (15) degrees; or more; no sign, regardless of its original installation angle, shall be allowed to exist at less than a forty-five (45) degree angle to the ground for public safety reasons); or

e)

A property ownership and/or business occupancy change occurs, and an off-premises or on-premises wall sign is on the property.

2)

Any sign designated by official action of the City as having special historic or architectural significance is exempt from the provisions of this Section.

3)

A nonconforming sign situated on a property acquisition initiated by the City may be temporarily relocated on-site provided the sign is later removed or rebuilt to conform to this Section (and any other applicable Waxahachie codes/ordinances) within twenty-four (24) months following relocation of the sign. Relocation is limited to the same physical sign with no increase in height, area or change in other physical attributes. For the purposes of this provision, "a property acquisition initiated by the City" does not include right-of-way dedicated in the subdivision platting process.

4)

Illegal Nonconforming Signs:

a)

Owners with/of illegal nonconforming signs which require a permit and which have been in place less than (3) months prior to notification of violation must apply for a permit and must upgrade the sign to conforming within thirty (30) days of original notification. If a permit is not granted, then the sign must be removed within sixty (60) days of original notification.

b)

Owners with/of illegal nonconforming signs which require a permit and which have been in place for longer than three (3) months prior to notification of violation must apply for a permit and upgrade the sign to conforming within thirty (30) days of original notification. If a permit is not granted, then the sign must be removed within three (3) months of original notification.

c)

In the case of painted wall signs, such signs shall be removed or painted over within thirty (30) days of original notification of violation.

(xii)

Signs Exempt From Permit: A permit shall not be required for the following signs provided, however, such signs shall otherwise comply with all other applicable provisions of this Sections of the Zoning Ordinance and with any other applicable City code/ordinance:

1)

One temporary wall sign not exceeding eight (8) square feet in area, which advertises the sale, rental or lease of the premises upon which such sign is located.

2)

Memorial plaques, building identification signs and building cornerstones when cut or carved into the masonry, surface or when made of noncombustible material and made an integral part of the building or structure. These signs shall not exceed four (4) square feet in area.

3)

On-site directional and directory/informational signs not exceeding eight (8) square feet in area and three (3) feet in height, provided that such directional or directory/informational signs do not contain advertising and are not used as such. On-site directional and directory/informational signs are only permitted behind the front building line.

4)

Political sign in or upon a motor vehicle if such sign does not exceed six (6) square feet in area and does not project from the front, side, rear or top surfaces of such vehicle. Said sign shall not be illuminated, and shall not be placed thereon sooner than thirty (30) days prior to the election the sign pertains to, and must be removed within five (5) days after the election.

5)

Traffic or other municipal signs, legal notices, danger and such emergency, temporary or non-advertising signs as may be approved by the City Council or the City Manager or his authorized representative, when placed in compliance with the "Uniform Manual of Traffic Control Devices" and with applicable City codes/ordinances.

6)

Temporary special occasion announcement signs on residential lots for a maximum time limit of five (5) days.

7)

Religious emblems when installed in compliance with this Section and with other applicable City codes/ordinances.

8)

Seasonal decorations for a maximum of sixty (60) days, provided traffic visibility is not affected.

(xiii)

Prohibited Signs and Activities:

1)

Traffic - A sign shall not be erected in a manner that would confuse motorists, or that would obstruct the view or interpretation of any official traffic sign, signal or device.

2)

Obscene, indecent and immoral matter - It shall be unlawful for any person to display upon any sign any obscene, indecent or immoral matter.

3)

All billboard and signs advertising off-premises sale, service or activity.

4)

Advertising matter placed or suspend from buildings, poles, sidewalks and the like.

a)

No person shall place or suspend from any building, light pole, utility pole, structure, sidewalk, parkway, driveway or parking area, any goods, wares, merchandise or other advertising or display of such items other than a sign, as defined, regulated and permitted by this Section.

b)

No cloth, paper, banner, flag, device or other similar advertising matter shall be permitted to be attached to, suspended from or be allowed to hang from, any sign, building or structure, when the same shall create a public menace or danger.

5)

Painting, marking or otherwise inscribing streets, sidewalks, utility poles, and the like - No person shall attach any sign, paper or other material, or paint, stencil or write any name, number (except address numbers) or otherwise mark on any sidewalk, curb, gutter, street, utility pole, public building, fence or structure except as otherwise allowed by ordinance.

6)

Attaching advertising matter to fences, utility poles, and the like; scattering advertising matter on streets and sidewalks.

7)

No person, firm, corporation, association or person, shall paste, stick, stack, nail, or otherwise place any advertisement, handbill, placard or printed, pictured or written matter or thing for any purpose upon any fence, railing, sidewalk or public telephone, electric or other utility pole, or any other public property, including trees thereon.

8)

No lighted sign shall be erected within one hundred fifty (150) feet of a residential district unless the lighting is shielded from view of the residential district.

9)

Roof sign prohibited - Any sign erected on a vertical framework supported by and located immediately and entirely over the roof of a building is prohibited.

10)

Balloons and other inflatable devices - No person shall erect, maintain or permit the erection of any balloon or other similar inflatable/floating device anchored to the ground or to any other structure within the City.

11)

No signs attached to a trailer, skid, or similar mobile structure, where the primary use of such structure is for sign purposes, will be permitted. This provision does not restrict the identification signing on vehicles used for delivery service, interstate commerce, or any bona fide transportation activity.

12)

Signs attached to or upon any vehicle shall be prohibited where any such vehicle is allowed to remain parked in the same location, or in the same vicinity, at frequent or extended periods of time where the intent is apparent to be one of using the vehicle and signs for purposes of advertising an establishment, service or product. Vehicles operating under a City franchise shall be excluded from this provisions.

(xiv)

Illegal Signs - Owners with/of illegal conforming signs must obtain a permit from the Building and Community Services Department of the City of Waxahachie within fifteen (15) days of notification of noncompliance. If the owner has not obtained a permit for the illegal conforming sign by the sixteenth (16th) day following notification, the owner will be cited for noncompliance.

(xv)

Historic Overlay District - Signs within the Historic Overlay District shall be approved by the Heritage Preservation Committee. Signs approved by the Heritage Preservation Committee will still be required to obtain a sign permit and any necessary engineering.

(a)

Special considerations:

(i)

Must be platted on individual lots

(ii)

Outside storage is prohibited

(b)

Design standards:

(i)

Masonry construction:

1)

Minimum seventy-five (75) percent in CA or DN zoning districts.

2)

Minimum twenty-five (25) percent in MF1 or MF2 zoning districts.

(ii)

Roof pitch must either be flat, or with a minimum roof pitch 7:12:

1)

A pitched roof must incorporate the use of laminated, three-dimensional appearance composition architectural shingles with a thirty (30) year minimum.

(iii)

Landscaping to match SF3 landscaping requirements.

(iv)

Entry Features:

1)

A dwelling shall include a covered front porch, stoop, recessed entry, or front courtyard at main entrances. An entry feature designed in accordance with the style of the dwelling unit is also acceptable.

2)

The minimum area of a porch, stoop landing, recessed entry, or courtyard shall be twenty (20) square feet.

3)

No primary entrance of a dwelling unit shall be located on the second story of a structure.

4)

The height of the main entry feature shall be scaled appropriately for the individual dwelling. On two-story homes, the roof eave of the entry feature shall not extend up to or above the highest roof eave of the structure. The roof ridge of the entry feature shall not extend up to or above the highest roof ridge of the structure.

5)

In order to increase its prominence, the entry shall have at least one (1) of the following: sidelights; a glass transom; decorative detailing on the front door such as raised/recessed panels, arches, glazing, or wrought iron details; or similar features.

6)

In order to increase its prominence, the entry shall have at least one (1) of the following: sidelights; a glass transom; decorative detailing on the front door such as raised/recessed panels, arches, glazing, or wrought iron details; or similar features.

(c)

Anti-Monotony Standards:

(i)

Variation in front elevations adds character and interest to communities. In order to avoid monotony, different floor plans and façade treatments should be utilized to give residences their own identity. While some common elements may be shared, aspects such as color, material, detailing, and landscaping can be used to differentiate homes. Compliance with the requirements listed below shall be reviewed as part of a required site plan before any building permit application is submitted. Townhouses shall incorporate variation to any façade of a building that faces a public road or private road by utilizing the following elements.

(ii)

Variation in Building/Garage Placement:

1)

The façade shall satisfy at least one (1) of the following:

a)

After at least every thirty (30) feet of frontage, all façades shall incorporate wall offsets that have a differential in horizontal plane of at least two feet. The wall offsets may be in the form of projections or recesses. An offset is also required whenever there is a change in building material.

b)

For at least twenty-five (25) percent of the dwelling units, garages shall be oriented either to the side or to rear of the building.

(iii)

Roof Variation:

1)

The façade shall satisfy at least one (1) of the following:

a)

Changes in the roofline at intervals not exceeding forty (40) continuous feet in length, such as variations in roof pitch, overhangs, projections, exaggerated cornices, dormers, vegetated terraces, trellises, and extended eaves.

b)

The gross floor area of upper story is smaller than the gross floor area of the lower story.

(iv)

Architectural Design Features:

1)

The façade shall satisfy at least one of the following:

a)

Distinctive window patterns that are not repeated within groupings of up to four dwelling units.

b)

Balconies, bays, box-outs, faux balconies, window overhangs, or secondary roof eaves with exaggerated projections and decorative supporting rafter beams.

c)

Other architectural elements that the Director of Planning determines accomplish the objective of visually dividing the structure into smaller identifiable sections.

(a)

General Purpose and Description: Patio homes allow for development of detached "zero lot line" homes in a modified residential district which encourages greater use of the side yard areas. Clustered lot patterns with a common usable open space system can be incorporated as an integral part of the development.

(i)

No roof overhang, gutter or extension from a wall will be allowed to extend into a neighboring property.

(ii)

The closest exterior roofline to an adjacent property shall be storm guttered if the general slope of the roof falls toward the neighboring property.

(iii)

Each adjacent lot shall provide an access or use easement, a minimum of three (3) feet, adjacent to the "zero" (one-foot) side or there must be a three (3) foot setback from the adjacent "zero" side to allow the property owner access for maintenance of his dwelling.

(iv)

The majority of one side of the structure shall be located within three (3) feet of one side lot line. The building wall which faces the "zero" side of the lot shall not have any doors, windows, ducts, grills, vents, or other openings.

(a)

Special considerations:

(i)

Must be constructed of one hundred (100) percent masonry, with the ground floor exterior construction materials restricted to brick or stone.

(ii)

Façade improvements required on all exteriors of all buildings, regardless of visibility from a right-of-way.

(iii)

Must provide either a restaurant, or a coffee shop or food shop that is staffed during daylight hours.

(iv)

If a restaurant is not provided, in addition to the staffed coffee or food shop, a breakfast area that opens to a seating area of no less than five hundred (500) square feet must be provided.

(v)

Must provide a boardroom, meeting room, or hospitality room of no less than one thousand (1,000) square feet.

(vi)

Must provide a swimming pool, interior or exterior, of no less than one thousand (1,000) square feet of water surface area.

(vii)

Must include a covered Porte Cochère.

(viii)

Extended stay hotels stays restricted to a maximum of thirty (30) days.

(ix)

These requirements do not apply in the CA zoning district.