(a)

Site plan review:

(i)

Purpose - This section establishes a site plan review process for proposed developments. The purpose of the review is to ensure efficient and safe land development, harmonious use of land, compliance with appropriate design standards, safe and efficient vehicular and pedestrian circulation, parking and loading, and adequate water supply, drainage and storm water management, sanitary facilities, and other utilities and services.

(ii)

Applicability - Site plan review and approval shall be required for the following:

1)

Any nonresidential development.

2)

Any multi-family development or manufactured home park.

3)

Any development with two (2) or more buildings per platted lot.

4)

Any Planned Development or Specific Use Permit. (Public hearings may also be required, see Sections 7.02 and/or 7.03).

5)

No building permit shall be issued for any of the above developments unless a site plan is first approved by the City. No certificate of occupancy shall be issued unless all construction and development conform to the site plan as approved by the City. A public hearing on a site plan is not required unless a site plan is prepared in conjunction with a Planned Development or S.U.P.

(iii)

Exemptions and exceptions - Site plan review shall be conducted through the Building Inspection Department for any detached one or two dwelling unit buildings or any accessory uses incidental thereto, except as provided above.

(iv)

Site plan details - The site plan shall contain sufficient information relative to site design considerations, including but not limited to the following:

1)

Location of proposed building(s) and structures.

2)

On- and off-site circulation (including truck loading and pickup areas) and fire lanes.

3)

Parking.

4)

Grading.

5)

Landscaping design.

6)

Placement of utilities.

7)

Screening.

8)

Engineering for streets and utilities.

9)

Drainage.

10)

Building elevations.

11)

Freestanding signs (not mounted on buildings).

12)

Lighting poles and fixtures (not mounted on buildings).

(v)

Provision of the above items shall conform to the principles and standards of this Ordinance. To ensure the submission of adequate site plan information, the City is hereby empowered to maintain and distribute a list of specific requirements for site plan review applications. Upon periodic review, the Director of Planning and/or Building Official shall have the authority to update such requirements for minor site plan details.

(vi)

Supplemental requirements - The staff may require other information and data for specific site plans. This data may include but is not limited to geologic information, water yields, flood data, environmental information, traffic analysis, road capacities, market information, economic data for the proposed development, hours of operation, elevations and perspective drawings, lighting, and similar information. Approval of a site plan may establish conditions for construction based on such information.

(vii)

Principles and standards for site plan review - The following criteria have been set forth as a guide for evaluating the adequacy of proposed development in the City of Waxahachie. The City staff shall review the site plan for compliance with all applicable Ordinances and the Plan; for harmony with surrounding uses and the overall plan for development of the City of Waxahachie; for the promotion of the health, safety, order, efficiency, and economy of the City; and for the maintenance of property values and the general welfare.

(viii)

Based upon its review, the staff may approve, conditionally approve, request modifications, or deny the site plan based on evaluation of the site plan details with respect to:

1)

The site plan's compliance with all provisions of the Zoning Ordinance and other ordinances of the City of Waxahachie including but not limited to off-street parking and loading, lighting, open space, and the generation of objectionable smoke, fumes, noise, odors, dust, glare, vibration, or heat.

2)

The impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood.

3)

The relationship of the development to adjacent uses in terms of harmonious design, setbacks, maintenance of property values, and negative impacts.

4)

The provision of a safe and efficient vehicular and pedestrian circulation system.

5)

The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.

6)

The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.

7)

The coordination of streets so as to arrange a convenient system consistent with the Thoroughfare Plan of the City of Waxahachie.

8)

The use of landscaping and screening (1) to provide adequate buffers to shield lights, noise, movement, or activities from adjacent properties when necessary, and (2) to complement the design and location of buildings and be integrated into the overall site design.

9)

Exterior lighting to ensure safe movement and for security purposes, which shall be arranged so as to minimize glare and reflection on adjacent properties.

10)

The location, size, and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.

11)

Protection and conservation of soils from erosion by wind or water or from excavation or grading.

12)

Protection and conservation of water courses and areas subject to flooding.

13)

The adequacy of water, drainage, sewerage facilities, garbage disposal, and other utilities necessary for essential services to residents and occupants.

(b)

Approval process:

(i)

The Director and Planning and/or Building Official shall review and approve, approve with conditions, or deny all site plans except for PD, SUP or other districts requiring public hearings. Any decision on a site plan with which the applicant disagrees may be appealed to the Planning and Zoning Commission.

(ii)

If a site plan is denied by the Director and Planning and/or Building Official the City staff shall place the site plan on the regular agenda of the Planning and Zoning Commission within thirty (30) days after the request for appeal. If recommended for approval by the Planning and Zoning Commission, the site plan shall be deemed approved by the City. If the site plan is recommended for denial by the Planning and Zoning Commission, the applicant may appeal the decision and may request the site plan be placed on the City Council's agenda. The City Council shall have final approval or disapproval on all site plans which are appealed.

(iii)

Effect of site plan approval - If development of a lot with an approved site plan has not commenced within one (1) year of the date of final approval of the site plan, the site plan shall be deemed to have expired. Said review and approval shall be evaluated according to the standards set forth above, taking into account all changes to applicable ordinances which have occurred subsequent to the prior approval of the site plan.

(iv)

It is recognized that final architectural and engineering design may necessitate minor changes in the approved site plan. In such cases, the Director and Planning and/or Building Official shall have the authority to approve minor modifications of an approved site plan, provided that such modifications do not materially change the circulation and building location on the site, or any conditions specifically attached as part of a City Council approval.

(a)

General Purpose and Description:

(i)

Any initial request for a PD zoning change shall follow the procedures outlined in Section 2.04 of this Ordinance.

(ii)

The PD is a zoning district which accommodates planned associations of uses developed as integral land use units such as industrial districts, offices, commercial or service centers, shopping centers, residential developments of multiple or mixed housing including attached single-family dwellings or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners. A PD may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this Ordinance.

(iii)

A PD may be created as an overlay district that combines with any other underlying base district except the FD Zoning District. The boundaries of each base zoning district shall be designated on the Concept Plan.

(iv)

A PD for residential use may also be created as a Freestanding PD under prescribed circumstances.

1)

The ordinance approving an amendment to the zoning ordinance may establish multiple PD overlay districts, or one or more PD overlay districts together with a Freestanding PD, provided that the proposed development is integrated in purpose and design.

2)

A Freestanding PD for residential use must establish complete zoning district development standards for the subject property zoned under the PD.

a)

No base or underlying zoning district is required since the Freestanding PD will not default to an underlying zone.

b)

In the event a Freestanding PD is created, the zoning map shall identify FPD as the abbreviated designation and the approving ordinance number must be included within the official text and map references.

c)

The Freestanding PD ordinance must either include a use chart or reference which zoning district use chart will be followed.

d)

The Freestanding PD ordinance shall include a table showing the types and numbers of units by lot size, and the acreage and density of each type of dwelling unit or lot size group. The ordinance also shall identify the type and quantity of open space and amenities and the time and manner of providing such open space and amenities.

(b)

Permitted uses: An application for a PD shall specify the use or the combination of uses proposed. Unless otherwise expressly provided in the ordinance establishing the PD, uses permitted in a PD are limited to those allowed in the base districts in Section 33. The ordinance establishing the PD may restrict uses otherwise allowed in the base district or may provide for uses not otherwise allowed in the base district, provided such uses are compatible with adjacent land uses and are consistent with the purpose of the PD. Uses allowed by Specific Use Permits (SUP) in a base zoning district are allowed in a PD only if specifically identified in the ordinance establishing the PD. When a Freestanding PD is created, the uses allowed in the PD District shall be limited to those specified in the ordinance establishing the District.

(c)

Planned Development (PD) Zoning District requirements:

(i)

Development requirements for each separate PD shall be set forth in the Ordinance establishing the PD and shall include, but may not be limited to: uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, project phasing or scheduling, management associations, and other requirements as the City Council and Planning and Zoning Commission may deem appropriate.

(ii)

Each PD shall consist of two (2) parts.

1)

A Concept Plan; and

2)

A Detailed Site Plan.

(iii)

The Ordinance establishing the PD shall identify a base zoning district, unless created as a Freestanding PD. Development within the PD shall conform to the standards and regulations of the base zoning district and the Development Standards in the Zoning Ordinance, unless otherwise expressly stated in the ordinance establishing the PD. Any variations from standards in the base district or the Development Standards in the Zoning Ordinance shall be expressly stated in the ordinance establishing the PD.

(iv)

The Ordinance creating a PD shall include a statement as to the purpose and intent of the planned development granted therein.

(v)

No minimum shall apply to nonresidential planned developments.

(vi)

The City Council, upon the recommendation of the Planning and Zoning Commission, may defer one or more requirements applicable to the Concept Plan, or specification of standards for the PD, or variations from standards in the base district or from the Development Standards in the Zoning Ordinance, until the time of approval of a Detailed Site Plan, provided that such Detailed Site Plan shall be considered an amendment to the PD, which shall be approved in accordance with the procedures for approval of a zoning amendment in Section 2.04 of the Zoning Ordinance.

(d)

Concept Plans and Detailed Site Plans:

(i)

Concept Plan. Every PD application shall be accompanied by a Concept Plan. The Concept Plan shall show, in a graphic manner, a schematic layout for the development and include language pertaining to the specific request identifying the zoning conditions, uses, and development standards requested for the subject property. The Concept Plan shall be reviewed and approved as part of the ordinance establishing the PD District.

1)

Residential Concept Plan.

a)

A Concept Plan for residential land use shall show the general location of all use, thoroughfares, preliminary lot or residential street layout arrangements, parks, open space and proposed amenities.

b)

For multi-family residential development, the Concept Plan shall set forth the size, type and location of buildings, access, density, building height, fire lanes, screening, parking areas, landscaped areas, project scheduling, and other pertinent development data, in addition to the general location of thoroughfares, parks, open space and proposed amenities.

2)

Nonresidential Concept Plan.

a)

A Concept Plan for uses other than residential uses shall set forth the general location and arrangement of proposed land uses, thoroughfares, open space and amenities in a manner to adequately illustrate the type and nature of the proposed development.

b)

Information which may be submitted by the applicant, or required by the Planning and Zoning Commission or City Council to be shown on the Concept Plan, may include but is not limited to the types of use(s), topography and boundary of PD area, physical features of the site, existing streets, alleys and easements, location of future public facilities, building height and location, parking ratios, project scheduling and other information to adequately describe the proposed development and to provide data for approval which is to be used in drafting the Detailed Site Plan.

(ii)

Detailed Site Plan. This plan shall set forth the final plans for development of the PD. Approval of the Detailed Site Plan shall be the basis for issuance of a building permit but does not relieve the applicant of the responsibility to submit plans to the Building Official for a building permit.

1)

Detailed Site Plans for multi-family or nonresidential PDs shall include:

a)

A site inventory analysis including a scale drawing showing major existing vegetation, natural water courses, creeks or bodies of water and an analysis of planned changes in such natural features as a result of the development. This shall include a delineation of any flood prone areas. Any man made physical features shall also be shown.

b)

A scale drawing showing any proposed public or private streets and alleys; lot boundary lines; and areas reserved as parks, parkways, playgrounds, utility easements, school sites, street widening and street changes; the points of ingress and egress from existing streets; general location and description of existing and proposed utility services, including size of water and sewer mains; the location and width for all curb cuts and the land area of all abutting sites and the zoning classification thereof on an accurate survey of the tract with a topographical contour interval of not more than two (2) feet.

c)

A site plan for proposed building complexes showing the location of separate buildings and the minimum distance between buildings, and between buildings and property lines, street lines, and alley lines. Also, to be included on the site plan is a plan showing the arrangement and provision of off-street parking.

d)

A landscape plan showing turf areas, screening walls, ornamental planting, wooded areas and trees to be planted.

e)

An architectural plan (elevations, etc.) showing elevations and signage style to be used throughout the development in all districts except single-family and two-family districts may be required by the Planning and Zoning Commission or City Council.

2)

For a residential PD comprised of more than four (4) lots, other than for multi-family residential development, a preliminary plat shall qualify as the Detailed Site Plan. In such event, the Planning and Zoning Commission and City Council shall each approve the Preliminary Plat in accordance with procedures in the City's Subdivision Regulations and in conformance with the criteria for approval in this section. For a single-family residential PD comprised of four (4) or fewer lots, the building permit for each dwelling shall quality as the Detailed Site Plan.

3)

The Detailed Site Plan may be submitted for the total area of the PD, or for any sections or phases shown on the approved Concept Plan or, for single-family or duplex residential developments, for any phase of the approved preliminary plat.

(iii)

A Detailed Site Plan may be submitted and approved in lieu of a Concept Plan if the Detailed Site Plan meets all the requirements for both plans.

(iv)

Changes of detail on the Detailed Site Plan, which differ from the original Concept Plan, but do not alter the basic relationship of the proposed development to adjacent property, the uses permitted, or increase the density, building height or coverage of the site, the off-street parking ratio or reduce the yards provided at the boundary of the site, or do not significantly alter the landscape plans as indicated on the approved Concept Plan may be authorized by the City Manager or designated representative.

(e)

Approval process:

(i)

Establishment of a PD shall be deemed an amendment to the zoning ordinance and shall be subject to the procedures for zoning amendments as set forth in Section 2.04.

1)

The initial ordinance establishing the PD may include only the Concept Plan or both the Concept Plan and Detailed Site Plan.

a)

If approved for Concept Plan only, then a Detailed Site Plan will be required as a separate application that will be reviewed and approved.

b)

If approved for both plans, then any materialistic changes to the development will require a new or modifying ordinance.

2)

A Detailed Site Plan in lieu of a Concept Plan, shall be incorporated within the ordinance establishing the PD.

(ii)

Detailed Site Plan

1)

A PD Ordinance approved with only a Concept Plan for the development requires a Detailed Site Plan to complete the PD.

a)

The Detailed Site Plan shall meet all requirements of Section 7.01.

b)

A Detailed Site Plan that materialistically complies with the Concept Plan may be reviewed and approved by the City Manager or designated representative.

c)

A Detailed Site Plan that does not materialistically comply with the Concept Plan requires a new PD Ordinance.

(iii)

A new PD Ordinance modifying the Concept Plan still requires a Detailed Site Plan.

1)

The new PD Ordinance may incorporate the Detailed Site Plan.

(iv)

A PD Ordinance approved with both a Concept Plan and Detailed Site Plan requires a new ordinance to modify any details contained in either the Concept Plan or Detailed Site Plan. If the modifications do not significantly alter the approved ordinance, then the review and approval may be authorized by the City Manager or designated representative.

(v)

The Planning and Zoning Commission shall use the following criteria in recommending and the Council in deciding whether to approve, approve with modifications or conditions, or deny a request for establishment of a PD.

1)

The extent to which the proposed PD District furthers the policies of the Comprehensive Plan;

2)

The extent to which the proposed PD District will result in a superior development than could be achieved through conventional zoning classifications;

3)

The extent to which the proposed PD District will resolve or mitigate any compatibility issues with surrounding development;

4)

The extent to which proposed uses and the configuration of uses depicted in the Concept Plan are compatible with existing and planned adjoining uses;

5)

The extent to which the proposed development is consistent with adopted master facilities plans, including without limitation the water facilities, master wastewater facilities, transportation, drainage and other master facilities plans;

6)

The extent to which the proposed open space and recreational amenities within the development provide a superior living environment and enhanced recreational opportunities for residents of the district and for the public generally; and

7)

For residential planned developments, the extent to which the proposed Concept Plan provides for and integrates open space and amenities into the plan for development.

(vi)

The Ordinance establishing the PD shall not be approved until the Concept Plan or Detailed Site Plan is approved.

1)

A Detailed Site Plan may be approved for the entire PD or in sections. When a Detailed Site Plan is approved in sections, then separate approvals will be required. In acting on the application, the approval shall determine whether the Detailed Site Plan conforms to the standards and conditions in the ordinance establishing the PD and to the approved Concept Plan.

2)

A Detailed Site Plan shall be submitted for approval for within one (1) year from the approval of the ordinance establishing the PD for some portion of the Concept Plan unless a different time is specified in the ordinance. If the land is to be developed in phases, each subsequent Detailed Site Plan shall be approved within one year of the last approved Site Plan, or as otherwise may be provided in a phasing schedule.

3)

If a Detailed Site Plan is not submitted within such one (1) year period or as provided by a phasing schedule, the authority to submit a Detail Site Plan and all subsequent Detail Site Plans for the PD shall be suspended. Following suspension of the right to submit a Detailed Site Plan, the Planning and Zoning Commission shall consider and recommend to the City Council whether the right to submit a Detailed Site Plan should be reinstated, or whether the undeveloped land within the PD should be changed to another zoning district classification.

4)

The City Council, following a public hearing, shall determine whether the right to submit the Detailed Site Plan application should be reinstated, or whether the property should be rezoned to another classification. In making such determination, the City Council shall consider the following factors:

a)

Whether the PD remains consistent with the Comprehensive Plan;

b)

Whether the uses authorized in the PD are compatible with existing and planned land uses adjacent to the site;

c)

Whether there are extenuating circumstances justifying the failure to submit a Detail Site Plan during the applicable time period; and

d)

Whether rezoning the property to another classification would constitute confiscation of a vested property right or deprive the owner of the economically viable use of the land.

5)

The City Council may take the following actions:

a)

Reinstate the right to submit the Detailed Site Plan application within a time certain, subject to any conditions that may be appropriate to ensure that significant progress will be made toward development of land within the PD;

b)

Modify the PD regulations applicable to the property in accordance with procedures in Section 2.04 of the Zoning Ordinance; or

c)

Repeal the PD for the affected portions of the property and zone the property to another zoning district classification, in accordance with procedures in Section 2.04 of the Zoning Ordinance.

(f)

Zoning district map: All PDs approved in accordance with the provisions of this Ordinance in its original form, or by subsequent amendments thereto, shall be referenced on the Zoning District Map.

(g)

Planned development ordinances to be continued: Prior to adoption of this Ordinance, the City Council has established various Planned Development Zoning Districts, some of which are to be continued in full force and effect.

(h)

Uses allowed only by PD: Because of the uniqueness of the following uses in Waxahachie, they shall be permitted within a PD combining with the SF2 or SF3 districts or within a Freestanding PD.

(i)

Patio Homes/Zero-Lot Line Homes.

(a)

Specific uses: The purpose of this district is to allow certain uses in districts that under most circumstances would not be compatible with other permitted uses but with certain conditions and development restrictions may be compatible.

(i)

The City Council by an affirmative vote may authorize certain uses by a Specific Use Permit, after proper notice to all parties affected and a Public Hearing, and after recommendations from the Planning and Zoning Commission indicating that the proposed uses are in general conformance with the Comprehensive Plan and general objectives of the City and containing such requirements and safeguards as are necessary to protect adjoining property.

(ii)

Application shall be accompanied by a site plan (see Section 7.01) drawn to scale and showing the general arrangement of the project, together with essential requirements such as off-street parking facilities; size, height, construction materials, and locations of buildings and the uses to be permitted; location and construction of signs; means of ingress and egress to public streets; the type of visual screening such as walls, plantings and fences; and the relationship of the intended use to all existing properties and land uses in all directions to a minimum distance of two hundred (200) feet. The City shall make available application forms specifying drawing requirements. The City Manager, Planning and Zoning Commission or City Council may require additional information or drawings (such as building floor plans), operating data and expert evaluation or testimony concerning the location, function and characteristics of any building or use proposed.

(b)

Specific use permit regulations:

(i)

In recommending that a Specific Use Permit for the premises under consideration be granted, the City shall determine that such uses are harmonious and adaptable to building structures and uses of abutting property and other property in the vicinity of the premises under consideration, and shall make recommendations as to requirements for the paving of streets, alleys and sidewalks, means of ingress and egress to public streets, provisions for drainage, adequate off-street parking, screening and open space, heights of structures, and compatibility of buildings. In approving a requested SUP, the Planning and Zoning Commission and City Council may consider the following:

1)

The use is harmonious and compatible with surrounding existing uses or proposed uses;

2)

The activities requested by the applicant are normally associated with the permitted uses in the base district;

3)

The nature of the use is reasonable;

4)

Any negative impact on the surrounding area has been mitigated;

5)

That any additional conditions specified ensure that the intent of the district purposes are being upheld.

(ii)

In granting a Specific Use Permit, the Planning and Zoning Commission and City Council may impose conditions which shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the Building Official for use of the building on such property pursuant to such Specific Use Permit and such conditions precedent to the granting of the certificate of occupancy. Any special conditions shall be in written form as approved by the City Council and made a part of the Certificate of Occupancy.

(iii)

No Specific Use Permit shall be granted unless the applicant, owner and grantee of the Specific Use Permit shall be willing to accept and agree to be bound by and comply with the written requirements of the Specific Use Permit, as attached to the site plan drawing (or drawings) and reviewed by the Planning and Zoning Commission and approved by the City Council.

(iv)

A building permit or certificate of occupancy shall be applied for and secured within six (6) months from the time of granting the Specific Use Permit, provided however, that the City Council may authorize an extension. After six (6) months has elapsed following approval of a Specific Use Permit, and if a building permit or a Certificate of Occupancy has not been issued, the site plan shall be considered invalid, null and void. If the site plan is determined to be invalid, the property owner(s) must submit a new or revised site plan for approval (in accordance with Section 7.01 of this Ordinance) prior to any construction or application for building permit for the area designated for the Specific Use Permit. A public hearing is required for consideration of the new site plan.

(v)

No building, premise, or land used under a Specific Use Permit may be enlarged, modified, structurally altered, or otherwise significantly changed unless an amended Specific Use Permit is granted for such enlargement, modification, structural alteration, or change.

(vi)

Minor changes or alterations may be approved by the Building Official.

(vii)

The Board of Adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the specific land use designated by any Specific Use Permit.

(viii)

When the City Council authorizes granting of a Specific Use Permit, the Zoning Map shall be amended according to its legend to indicate that the affected area has conditional and limited uses, and said amendment is to indicate the appropriate zoning district for the approved use and prefixed by an "S" designation.

(c)

Use regulations:

(i)

Uses permitted by SUP are specified in the Use Charts.

(d)

Prior SUP ordinances remaining in effect: Prior to adoption of this Ordinance, the City Council had established various Specific Use Permits, some of which are to be continued in full force and effect. The permits or parts of permits approved prior to this Ordinance shall be carried forth in full force and effect and are the conditions, restrictions, regulations and requirements which apply to the respective Specific Use Permits shown on the Zoning Map at the date of adoption of this Ordinance.

(a)

General Purpose:

(i)

Alternative compliance is a procedure that allows development to meet the intent of the design-related provisions of this Zoning Ordinance through an alternative design. An alternative compliance approach is intended to provide flexibility in order to respond to unique conditions or abutting/surrounding uses, and must not result in reductions in the amount or quality of the particular standard. Alternative compliance shall not be granted to relieve a self-created or personal hardship, nor shall it be based on economic gain or loss.

(b)

Applicability:

(i)

The alternative compliance procedure shall not be used to:

1)

Modify the required dimensional standard of a lot;

2)

Authorize a land use that is prohibited in the underlying zoning district;

3)

Modify the density established for a zoning district;

4)

Grant a variance to a requirement that is assigned to the authority of the Zoning Board of Adjustment; or,

5)

Authorize a sign type that is not permitted in the underlying zoning district.

(c)

Pre-Application Meeting:

(i)

An applicant proposing to use alternative compliance under this section shall submit an application the Director of Planning.

(d)

Approval Procedures:

(i)

Action by the Director of Planning

1)

The Director of Planning shall review the request with the criteria and approve, approve with conditions, or deny the request for alternative compliance.

a)

If denied, the applicant has the option to appeal to the City Manager.

(ii)

Appeal Process

1)

The City Manager (or designee) shall review the request with the criteria and approve, approve with conditions, or deny the request for alternative compliance.

a)

If denied, the applicant may apply for a planned development, as outlined in Section 7.02.

(e)

Criteria:

(i)

To grant a request for alternative compliance, the Director of Planning shall find that the following criteria are met:

1)

The proposed alternative design is original, innovative, or exceptional, and achieves the intent of the subject design standard to the same or better degree than the subject standard;

2)

The proposed alternative design achieves the goals and objectives of the Comprehensive Plan, other relevant plans, and this Code to the same or better degree than the subject standard;

3)

The proposed alternative design addresses unique aspects of the site or building, such as infill development or operational characteristics;

4)

The proposed alternative design results in benefits to the community that are equivalent to or better than compliance with the subject design standard; and

5)

The proposed alternative design imposes no greater effects on adjacent properties than would occur through compliance with specific requirements of Article V.

(ii)

The burden of evidence shall be upon the applicant to prove that the alternative design matches or exceeds City standards.

(f)

Scope of Approval:

(i)

Alternative compliance shall apply only to the specific site for which it is requested and does not establish a precedent for assured approval of future requests.

(ii)

Written approval does not authorize any development activity, but rather authorizes the applicant to prepare an administrative site plan or building permit application that incorporates the approved alternative compliance and authorizes the decision-making body to review the administrative site plan or building permit application for compliance with the approved alternative.

1)

City Council retains the right to reject any approval for alternative compliance.

(g)

Expiration:

(i)

An approved alternative compliance plan shall expire if one (1) year passes following its approval and an application for a permit that would that would implement the plan has not been issued.

(a)

The home occupation shall be conducted in the house by a resident of the primary dwelling.

(b)

The business or service located within the dwelling shall not exceed twenty-five (25) percent of the floor area.

(c)

Activities are limited to the living portion of a house or its attached garage.

(d)

Accessory buildings or detached structures cannot be used in conjunction with a home-based business

(e)

The home occupation shall cause no change in the external appearance of the existing buildings and structures on the property.

(f)

All vehicles used in connection with the home occupation shall be of a size, and located on the premises in such a manner, so that a casual observer or a person of normal sensibilities will not be able to detect any sign of the premises being used as a home occupation. No vehicle larger than one ton shall be kept on the premises.

(g)

Parking of vehicles to accommodate off-site employees or permitted customers shall be limited to the driveway of such premises or along the curb immediately adjacent to such premises.

(h)

There shall be no advertising devices on the property other than potential advertising located on vehicles owned by the resident.

(i)

The property shall contain no outdoor display of goods or services that are associated with the home occupation. Outside storage is prohibited. For the purpose of this section, the parking of one trailer in a driveway or along the street curb is not considered outside storage.

(j)

Wholesale or retail sales of goods shall not occur on the premises.

(k)

The home occupation shall not create traffic or parking congestion, noise, vibration, odor, glare, fumes, or electrical or communications interference that can be detected by the normal senses off the premises, including visual or audible interference with radio or television reception.

(l)

The following uses, because of their effects on the surrounding residential area, shall not be permitted as home occupation: dance, music, or other types of tutoring instruction where more than four students are being instructed at one time; dental offices; medical offices; the painting of vehicles, trailers, or boats; private schools with organized classes; motor vehicle towing operation; welding shops; nursing homes; bed and breakfast facility or any other such transient lodging; tea room or restaurant; rest home or clinic; child care center; or cabinet, metal, or auto repair shop:

(i)

Barber or beauty shop uses shall be permitted, though restricted to one (1) chair if a Certificate of Occupancy is obtained from the Building and Community Services Department.

(m)

In the event of any conflict between this section and Section 229.902 of the Texas Local Government Code, as amended, Section 229.902 shall control.

(Ord. No. 3661, § 4, 9-2-25)

(a)

Setback measurements: All setback measurements shall be made in accordance with Article IX.

(b)

Front yard:

(i)

On all corner lots, the front yard setback shall be observed along the frontage of both intersecting streets, unless approved specifically otherwise on a final plat. Where single-family and duplex lots have double frontage, extending from one street to another, or are on a corner, a required front yard shall be provided on both streets unless a side or rear yard building line has been established along one frontage on the plat, in which event only one required front yard need be observed. The side and/or rear yards in the case of single-family and duplex uses shall be identified and the front of the structure shall not face the side or rear yard (see Article IX).

(ii)

Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage (see Article IX).

(iii)

The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory building. Eaves and roof extensions or a porch without posts or columns may project into the required front yard for a distance not to exceed four (4) feet, and subsurface structures, platforms or slabs may not project into the front yard greater than thirty (30) inches above the average grade of the yard (see Article IX).

(iv)

Minimum lot widths for lots with predominate frontage on the curved radius of a dedicated cul-de-sac street shall be as follows:

(v)

Gasoline service station pump islands may not be located nearer than eighteen (18) feet to the property line adjacent to a public right-of-way. Pump islands for a gasoline filling station may extend beyond the front building line but shall not be closer than fifteen (15) feet to any property line not adjacent to a public right-of-way provided that other requirements of this Ordinance are met.

1)

Canopy supports for gasoline service stations must be constructed of brick and located on the outside of the pump.

(vi)

Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.

(c)

Side yards:

(i)

On a corner lot used for one- or two-family dwellings, both street exposures shall be treated as front yards, except that where one street exposure is designated as a side yard and separated from the adjacent lot by an alley. In such case, a building line shall be designated on an approved plat with a minimum side yard of fifteen (15) feet or more. On lots which were official lots of record prior to the effective date of this Ordinance, the minimum side yard adjacent to a side street shall comply with the minimum required side yard for the respective district.

(ii)

Every part of a required side yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, and other architectural features not to exceed one (1) foot into the required side yard, and roof eaves projecting not to exceed three (3) feet into the required side yard. Air conditioning compressors and similar equipment are permitted in the side yard.

(iii)

Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.

(d)

Swimming pools:

(i)

Swimming pools must be setback a minimum of three (3) feet from all property lines, outside of easements. This is measured to the water's edge.

(a)

Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding or landscaping three (3) feet or higher above the street center line obstructs the vision of a motor vehicle driver approaching any street, alley, or driveway intersection as follows:

(i)

At a street intersection, clear vision must be maintained for a minimum of twenty-five (25) feet across any lot measured from the corner of the property line in both directions (see Article IX).

(ii)

At an intersection with an alley, this clearance must be maintained for ten (10) feet (see Article IX).

(iii)

Shrubs and hedges three (3) feet or less in height, as measured from the centerline of the street, may be located in the visual clearance areas of all districts.

(a)

Commercial Antennas and Antenna Support Structures are prohibited within the FD, RR, SF1, SF2, SF3, 2F, MF1, MF2 and MH Zoning Districts, except as specified within this section.

(i)

A Commercial Antenna may be attached to a utility structure, electrical transmission or distribution tower, or elevated water storage tank exceeding fifty (50) feet in height, provided that the Commercial Antenna does not extend more than ten (10) feet above the height of the utility structure.

(ii)

A Commercial Antenna may be placed wholly within any building permitted in the zoning district. A Commercial Antenna may be mounted flush to the exterior of a structure if it is painted or disguised to integrate into the overall architectural design and is not readily visible or identifiable as an antenna from public rights-of-way or neighboring residential properties.

(b)

Commercial Antennas and Antenna Support Structures are allowed within the O, NS, GR, CA, C, LI1, LI2, HI and AP Zoning Districts, as follows:

(i)

Commercial Antenna and Antenna Support Structures are allowed by right if they do not exceed the maximum building height allowed for the zoning district in which they are located. Structures in excess of the height allowed in the zoning district may be allowed by Specific Use Permit (SUP). In all nonresidential zoning districts, Antenna Support Structures must meet the setback requirements from residential districts.

(ii)

A Commercial Antenna may be attached to a utility structure, electrical transmission or distribution tower, or elevated water storage tank exceeding fifty (50) feet in height, provided that the Commercial Antenna does not extend more than ten (10) feet above the height of the utility structure.

(iii)

A Commercial Antenna may be placed wholly within any building permitted in the zoning district. A Commercial Antenna may be mounted flush to the exterior of a structure if it is painted or disguised to integrate into the overall architectural design and is not readily visible or identifiable as an antenna from public roadways or neighboring residential properties.

(iv)

No Commercial Antenna or Antenna Support Structure shall be closer to any residential district boundary line or residential dwelling than a distance equal to twice the height of the support structure. Such setback distance shall be measured as the shortest possible distance in a straight line from the structure to the closest point of a residential district boundary line or residential dwelling. Setbacks from residentially zoned property do not apply to antennas attached to utility structures exceeding fifty (50) feet in height, or to antennas placed wholly within or mounted upon a building.

(v)

No Antenna, Antenna Support Structure, microwave reflector, or associated foundations, support wires, or appurtenances shall be located within any required setback area for a front, side, or rear yard (see Article IX).

(vi)

Antennas, both commercial and non-commercial, shall not interfere with radio or television reception of adjoining property owners, and shall comply with all regulations of the Federal Communications Commission (FCC). In no manner shall the use of such equipment infringe upon adjoining property owners.

(vii)

Satellite dishes and other similar antennas shall be permitted on the roof of a building as long as satellite dishes do not exceed three (3) feet in diameter and antennas do not extend over twelve (12) feet above the roof of the building. Any parabolic or satellite dish antenna over three (3) feet in diameter but not exceeding twelve (12) feet in diameter may be mounted on the roof if a letter stating its structural stability is written by a registered architect or engineer and submitted to the Building Official. Roof-mounted antennas that comply with the above do not require additional yard setbacks or setbacks from residential areas or dwellings.

(viii)

Only one satellite dish shall be permitted per residential lot or primary structure. Satellite dishes in any residential district shall not exceed twelve (12) feet in diameter and must be permitted through the Building Inspection Department.

(ix)

All commercial signs, flags, lights and attachments other than those required for communications operations, structural stability, or as required for flight visibility by the Federal Aviation Administration (FAA) and FCC shall be prohibited on any antenna or antenna support structure.

(x)

Publicly owned public safety communications, antennas, or antenna support structures shall be permitted in any district.

(a)

Minimum dwelling unit areas specified in this Ordinance shall be computed exclusive of breezeways, garages, open porches, carports, and accessory buildings.

(a)

A lot containing an alternative financial service shall be located at least one thousand (1,000) feet from any lot containing another alternative financial service, as measured in a straight line between the nearest points of one lot to the other lot.

(b)

A lot containing an alternative financial service shall be located at least two hundred (200) feet from any lot zoned or used for residential purposes, as measured in a straight line between the nearest points of one lot to the other lot.

(c)

No lot containing an alternative financial service shall be located within five hundred (500) feet of the rights-of-way of US Highway 77, Elm Street, Ferris Avenue, or Main Street.

(d)

No alternative financial service shall be permitted within the Central Area District.

(e)

Alternative financial services shall be situated only within a freestanding building.

(a)

Bed and breakfast facilities are defined in Definitions of this Ordinance and further are permitted in accordance with the Use Charts of this Ordinance. These facilities are subject to the following standards:

(i)

In all allowable districts:

1)

A specific use permit granted by the City Council is required for the establishment of a bed and breakfast facility.

a)

An application for an SUP for a Bed and Breakfast facility shall be filed with the City's Planning Department in accordance with Section 7.03 of the Zoning Ordinance who shall prepare a written report for review and consideration by the Planning and Zoning Commission and by the City Council.

b)

Issuance of an SUP by the City Council is conditional on the basis that the following items have been satisfied:

i)

The proposed facility will be compatible to adjacent land uses;

ii)

The proposed facility will not endanger the public, safety, or welfare;

iii)

The proposed facility complies with all other zoning regulations stated herein; and

iv)

The Council will consider proximity to other Bed and Breakfast SUPs in granting new SUPs.

2)

Number of Guest Rooms: The maximum number of guest rooms shall be determined and regulated through the SUP granted for the facility. The definition of a Bed and Breakfast Inn or Facility specifically limits this to a maximum of five (5) guest rooms.

3)

Length of Stay: The maximum length of stay for each guest shall be limited to fourteen (14) consecutive days within any thirty-day period.

4)

Signs shall conform to Section 5.08 of the Zoning Ordinance.

5)

All health considerations shall be regulated by the City's Building and Community Services Department.

6)

Building considerations:

a)

The owner of the Bed and Breakfast facility must obtain a Certificate of Occupancy from the City's Building and Community Services Department after the issuance of the Specific Use Permit.

b)

The structure(s) must conform to all City and State Building Codes for existing or new construction (as the situation dictates).

7)

Fire considerations:

a)

The City Fire Marshal or a representative shall inspect all Bed and Breakfast facilities after the issuance of the Specific Use Permit by City Council, and on an annual basis.

b)

Each Bed and Breakfast facility must comply with the appropriate section on "Lodging and Rooming Houses" contained in NFPA 101 Life Safety Code.

c)

Each facility must have at least one (1) battery operated or regular hard-wired smoke detector in all guest rooms, stairwells, and/or corridors on each floor of the structure.

d)

An approved and operational fire extinguisher shall be provided in close proximity to the guest units on each floor.

(ii)

In Residential Districts. The following additional regulations are applicable to all Bed and Breakfast facilities located within residentially-zoned districts (SF1 thru MF2):

1)

Events for non-guests in exchange for compensation of any type, including required rental of all or any rooms, are granted with a temporary permit, up to six (6) a year; provided the permit details; and the City staff approval of off-street parking, security, and any possible catering issues.

(a)

An establishment may not offer drive-in, drive-up, drive-through or walk up sales or services of prepackaged, sealed beverages.

(b)

For purposes of this section the term "drive-in," "drive-up," "drive-through," and "walk-up," does not prohibit the service of food or beverages to customers:

(i)

Who must physically leave their vehicles and enter a building in order to make a purchase; or

(ii)

As part of a drive-through restaurant in connection with the sale or service of food to the customer.

(a)

Real estate sales offices are permitted 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.

(b)

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.

(c)

Temporary parking lots during the development of residential subdivisions are permitted with the approval of an Administrative Site Plan submitted to the Planning Department. They can remain in place until ninety (90) percent of the platted lots in the residential subdivision have obtained Certificates of Occupancy.

(a)

All new single-family or duplex industrialized housing shall conform to regulations and standards as established in Chapter 1202, Subchapter F of the State Occupation Code (1202.253).

(a)

Open storage of materials, commodities or equipment shall be located behind the front building line and observe all setback requirements for the main structure or building. This standard does not apply to Outside Display uses.

(a)

In the districts where the height of buildings is restricted to two (2) or two and one-half (2½) stories, cooling towers may extend for an additional height not to exceed fifty (50) feet above the average grade line of the building. Water stand pipes and tanks, church steeples, domes and spires, school buildings, and institutional buildings may be erected to exceed three (3) stories in height, provided that one (1) additional foot shall be added to the width and depth of front, side, and rear yards for each foot that such structures exceed three (3) stories.

(a)

If a residence has a standalone garage for a third car, located along the front façade, this additional garage must be set behind the front building plane a minimum of three (3) feet.