Westworth Village City Zoning Code

Parking spaces and loading berths required herein, together with aisles and maneuvering area, shall have an all-weather surfacing, enclosed or unenclosed, and shall be connected by an all-weather surfaced driveway to a street or alley. An all-weather surface shall be construed to mean a bituminous or portland cement concrete paved surface conforming to the requirements of the Standard Construction Specifications of the City of Westworth Village.

In determining the required number of parking spaces fractional spaces shall be counted to the nearest whole space. Parking spaces located in buildings used for repair garages or auto laundries (car washes) shall not be counted as meeting the required minimum parking.

The floor area of structures devoted to off-street parking of vehicles shall be excluded in computing the floor area for off-street parking requirements.

Where a lot or tract of land is used for a combination of uses, the off-street parking requirements shall be the composite or sum of the requirements for each type of use and no off-street parking space provided for one type use or building shall be included in calculation of the off-street parking requirements for any other use or building.

For all parking adjacent to a public thoroughfare; parking spaces so situated that the maneuverings of a vehicle in entering or leaving such spaces is done on a public street shall not be classified as off-street parking in computing any parking requirements herein, except in SF-A, SF-B, SF-C, SF-R, MH.

No off-street parking space shall be located either in whole or in part, in a public street or sidewalk, parkway, alley or other public right-of-way. Maneuvering areas located adjacent to a public street shall be computed from the curb line of the street. Sidewalk areas shall be a minimum of four feet wide and shall be permanently designated. All sidewalks shall be located on public property.

No off-street parking or loading space shall be located, either in whole or in part, within any fire lane required by ordinance of the City or within aisles, driveways, or maneuvering areas necessary to provide reasonable access to any parking space, except in SF-A, SF-B, SF-C, and SF-R Districts.

No required off-street parking or loading space shall be used for sales, nonvehicular storage, repair or service activities.

Lighting facilities, if provided, shall be so arranged as to be reflected away from property zoned or used for residential purposes.

Porte-cocheres may be constructed within the City of Westworth Village if they are constructed according to the following:

In any district, there shall be provided on each single-family residential lot two vehicle parking spaces of not less than one hundred sixty-two (162) square feet each open or enclosed.

In all districts where such use is permitted, there shall be provided on any lot devoted to multifamily residential use parking spaces of not less than one hundred sixty-two (162) square feet, as provided in Section 14.4.3, Off-Street Parking and Loading Requirements.

Required off-street parking for residential uses shall be provided on the lot or tract occupied by the principal use, except in Single-Family Attached (Townhomes) (SF-C), where one of the required spaces may be within one hundred (100') feet of each lot or tract.

Required off-street parking for permitted nonresidential uses in the “SF” Districts and for permitted uses in all other districts shall be provided on the lot or tract occupied by the principal use or upon a lot or tract dedicated to parking use by an instrument filed for record and consolidated under a single Certificate of Occupancy with the principal use. Such parking facility shall be located in the same zoning district as the principal use; provided, that the Board of Adjustment may permit a parking facility as a special exception, under such regulations and conditions as the board may deem advisable, when:

In all districts where such use is permitted, there shall be provided for nonresidential use, parking spaces of not less than one hundred sixty-two (162) square feet, as provided in Section 14.4.3, Off-Street Parking and Loading Requirements. Such parking spaces shall be striped or otherwise clearly designated on the parking surface, and shall not include any fire lane or other area necessary for aisles or maneuvering of vehicles.

No publicly owned property may be considered by the owner of any private property in determining whether or not his property meets the parking and loading requirements of this Chapter.

For 90-degree angle parking, each parking space shall be not less than nine feet (9') wide nor less than eighteen feet (18') in length. Maneuvering space shall be in addition to parking space and shall be not less than twenty-four feet (24') perpendicular to the building or parking line. Maneuvering space adjacent to a public street shall be computed from curb line of the street and shall be not less than twenty-four feet (24') perpendicular to the building or parking line.

For 60-degree angle parking, each parking space shall be not less than nine feet (9') wide perpendicular to the parking angle nor less than nineteen feet (19') in length when measured at right angles to the building or parking line. Maneuvering space shall be in addition to parking space and shall be not less than twenty feet (20') perpendicular to the building or parking line. Maneuvering space adjacent to a public street shall be computed from curb line of the street and shall be not less than twenty feet (20') perpendicular to the building or parking line.

For 45-degree angle parking, each parking space shall be not less than nine feet (9') wide perpendicular to the parking angle nor less than eighteen feet (18') in length when measured at right angles to the building or parking line. Maneuvering space shall be in addition to parking space and shall be not less than eighteen feet (18') perpendicular to the building or parking line. Maneuvering space adjacent to a public street shall be computed from curb line of the street and shall be not less than eighteen feet (18') perpendicular to the building or parking line.

When off-street parking facilities are located adjacent to a public alley, the width of said alley may be assumed to be a portion of the maneuvering space requirement. When maneuvering space is located adjacent to a public street and no curb line exists or no curb is required, the future curb line shall be located by the City Engineer.

Where off-street parking facilities are provided in excess of the minimum amounts herein specified, or when off-street parking facilities are provided but not required by this Chapter, said off-street parking facilities shall comply with minimum requirements for parking and maneuvering space herein specified.

“Floor Area” shall mean the gross area of the specific use.

Where fractional spaces result, the parking spaces required shall be constructed to be the nearest whole number.

The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.

Whenever a building or use constructed or established after the effective date of this Chapter, is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of 10% or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this Chapter is enlarged to the extent of 50% or more in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein.

In the case of mixed uses, the parking spaces required shall equal the sum of the requirement of the various uses computed separately.

For business and manufacturing uses: one loading space for the first 10,000 square feet of floor area in the building and one additional loading space for each 50,000 square feet, or fraction thereof.

Each required loading space shall have a minimum size of ten feet (10') by twenty-five feet (25').

Minimum scale of one inch (1") equals fifty feet (50'); show scale in both written and graphic form.

Location, size and species of all trees to be preserved (do not use "tree stamps" unless they indicate true size and location of trees).

Location of all plant and landscaping material to be used, including plants, paving, benches, screens, fountains, statues, earthen berms, ponds (to include depth of water), topography of site, or other landscape features.

Species and common names of all plant materials to be used.

Size of all plant material to be used (container size, planted height, etc.).

Spacing of plant material where appropriate.

Layout and description of irrigation, sprinkler, backflow prevention systems, or water systems including location of water sources in accordance with TCEQ Chapter 344 rules.

Plans must include the square footage and description of all impervious surface area on the lot, including pools, sidewalks, driveways, patios, sheds, etc. If artificial turf is used, it must be designed on the plans and include the square footage.

Description of maintenance provisions.

Name and address of the person(s) responsible for the preparation of the landscape plan.

North arrow/symbol, and a small map showing where the property is located.

Date of the landscape plan.

All non-paved surfaces shall be completely covered with living plant material. Exceptions are granted for the following:

Plant materials shall conform to the standards of the approved plant list for the City of Westworth Village (see Section 14.4.17 for the approved plant list) and the current edition of the "American Standard for Nursery Stock" (as amended), published by the American Association of Nurserymen. Grass seed, sod and other material shall be clean and reasonably free of weeds and noxious pests and insects.

Trees shall have an average crown spread of greater than fifteen feet (15') at maturity. Trees having a lesser average mature crown of fifteen feet (15') may be substituted by grouping the same so as to create the equivalent of fifteen feet (15') of crown spread. Large trees shall be a minimum of three inches (3") in caliper (measured four feet (4') above the ground) and seven feet (7') in height at time of planting. Small ornamental trees shall be a minimum of one and one-half inch (l .5") in caliper and five feet (5') in height at time of planting. All new trees shall be provided with a permeable surface under the dripline a minimum of five feet (5') by five feet (5') diameter.

Shrubs not of a dwarf variety shall be a minimum of two feet (2') in height when measured immediately after planting. Hedges, where installed for screening purposes, shall be planted and maintained so as to form a continuous seventy-five percent (75%) visual screen which will be at least six feet (6') high within three (3) years after time of planting, except for parking lot/tract/headlight screens, which shall form a continuous, solid visual screen three feet high within two years after planting.

Vines not intended as ground cover shall be a minimum of two feet (2') in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet landscape screening requirements as set forth.

Grass areas shall be sodded, plugged, sprigged, or hydro-mulched, except that solid sod shall be used in swales, earthen berms or other areas subject to erosion.

Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably completed coverage within one (1) year of planting.

All landscaped areas shall be equipped with an automatic, underground irrigation system with freeze and moisture sensors to prevent watering at inappropriate times. Landscaped areas having less than ten (10) square feet in area may be irrigated by some other inconspicuous method. If appropriate xeriscape planting techniques are utilized, the City Council may waive the requirement for an underground irrigation system at the time of site plan approval. However, the landscaping shall be required to be maintained in a healthy, living and growing condition, and any irrigation devices shall not be visible from public streets or walkways.

Earthen berms shall have side slopes not to exceed 33.3 percent (three feet (3') of horizontal distance for each one foot (I') of vertical height). All berms shall contain necessary drainage provisions as may be required by the City's Engineer.

Clear cutting prohibited. Clear cutting of trees is prohibited within the City of Westworth Village. Cutting of trees and land clearing may be done for development purposes, with a tree removal permit in accordance with an approved final plat and/or engineering site plan. Cutting of trees and land clearing for other-than-development purposes shall be considered by the City Council. The existing natural landscape character of the city shall be preserved to the extent reasonable and feasible. In an area along the street frontage containing a stand of recommended trees, the developer shall use best good faith effort to preserve such trees.

For all nonresidential and multifamily developments, including schools, churches, daycare facilities, and other similar uses in a residential district, at least twenty percent (20%) of the lot/tract area shall be pervious, permanently landscaped area. For corner lot/tracts, a six hundred (600) square foot landscaped area shall be provided at the street intersection, which can be counted toward the twenty percent (20%) requirement.

A minimum twenty-five-foot (25') landscaped street buffer adjacent to the right-of-way of any arterial is required for the first two hundred and fifty feet (250') from the beginning (i.e., tangent) point of the street corner radius. Beyond the first 250 feet, the landscaped street buffer may either continue at the 25-foot width (developer's option), or it shall transition down to a required width of fifteen feet (15') along the remainder of the arterial frontage (minimum length of transition shall be one hundred feet (100')). A minimum fifteen-foot (15') landscaped street buffer shall be required along any street frontage for any other nonresidential or multifamily development (including schools, churches, daycare facilities, and other similar uses in a residential district). Corner lot/tracts fronting two (2) arterials shall provide the appropriate required landscape buffer on both street frontages. One (1) large shade tree, four (4) small ornamental trees and four (4) shrubs (five (5) gallon minimum) shall be required per fifty (50) linear feet (or portion thereof) of street buffer frontage. Trees should be grouped or clustered to facilitate site design and to provide an aesthetically pleasing, natural looking planting arrangement. The landscaped street buffer area may be included in the required landscape area percentage.

Landscape areas within parking lot/tracts should generally be at least one parking space in size, with no landscape area less than fifty (50) square feet in area. Landscape areas shall be no less than five feet (5') wide, shall equal a total of at least sixteen (16) square feet per parking space, and shall be dispersed throughout the parking area (i.e., not confined to the perimeter). There shall be a landscaped area with at least one (1) large shade tree within sixty feet (60') of every parking space. There shall be a minimum of one (1) large shade tree planted within the parking area for every ten (10) parking spaces for parking lot/tracts having more than twenty (20) spaces. Within parking lot/tracts, landscape areas should be located to define parking areas and to assist in clarifying appropriate circulation patterns. Landscape islands shall be located at the terminus of all parking rows and within bays of parking such that bays do not generally exceed fifteen (15) parking spaces in length, and all islands shall contain at least one (1) tree (large or ornamental). All landscape areas shall be protected by a monolithic concrete curb or wheel stops, and shall remain free of trash, litter, and car bumper overhangs.

Each lot/tract shall provide a minimum five foot (5') wide landscaped buffer strip around the sides and rear perimeters of the lot/tract, provided that each side or rear lot/tract line does not abut residentially zoned property, which requires a screening wall, per Article 4, Division 4 of this Chapter. Within the five foot (5') perimeter buffer, shall be provided a four foot (4') tall screen comprised of hardy, evergreen shrubs, decorative walls with shrubs, or similar landscaping. If a side or rear lot/tract line abuts a residentially zoned property, and for nonresidential and institutional uses in residential zoning districts, then that portion(s) of the perimeter buffer strip shall observe the required screening per Article 4, Division 4 of this Chapter, shall be a minimum of ten feet (10') in width, and shall be required to have one (1) large shade tree, in lieu of the four foot (4') high screen described above for every thirty linear feet (30') for overstory screening/buffering for the adjacent residences.

Only shrubs, ground covers and small ornamental trees shall be used under existing or proposed overhead utility lines.

Vehicular driveways from the public right-of-way and sidewalks, in accordance with City regulations, shall be permitted through all required landscaping.

For all single-family and two-family developments, each residential lot/tract shall be required to have either two (2) canopy shade trees (3" minimum caliper) or one (1) canopy shade tree (3" minimum caliper) and two (2) ornamental trees (2" minimum caliper). All single-family residential lots of less than 7,200 square feet shall have either one (1) canopy shade tree (3" minimum caliper) or two (2) ornamental trees (2" minimum caliper).

The shade trees shall be a minimum of three inch (3") caliper measured forty-eight inches (48") above the ground. If the tree is located on a slope, measurement shall be from the highest side of the slope. The shade trees shall be selected from the current approved tree list contained in Section 14.4.17.

Shade trees: seven feet (7').

Rigid compliance with these landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections (see Section 14.4.35 for visibility requirements at street intersections and corners).

Landscaping, except required grass and low ground cover, shall not be located closer than three feet (3') from the edge of any vehicular pavement in order to avoid visibility problems when plant materials mature.

In the event other visibility obstructions are apparent in the proposed landscape plan, as determined by the City Administrator or his/her designee, the requirements set forth herein may be slightly reduced, if necessary, to remove the conflict.

The owner, tenant and/or their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include, but not be limited to, mowing, edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Artificial turf areas shall be kept in like-new condition, in compliance with manufactures recommendations (see Artificial Turf Standards table). Areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials which die shall be replaced with plant material of similar variety and size, within ninety (90) days. Trees with a trunk diameter in excess of six inches (6") measured four foot (4') above the ground may be replaced with ones of similar variety having a trunk diameter of no less than three inches (3") measured four foot (4') above the ground on a caliper-inch for caliper-inch basis (e.g., for a 6" tree, two 3" replacement trees shall be required). A time extension may be granted by the City Administrator or his/her designee if substantial evidence is presented to indicate abnormal circumstances beyond the control of the owner or his/her agent.

It shall be the duty of any person or persons owning or occupying real property bordering on any street to prune trees next to the street in such manner that they will not obstruct or shade the streetlights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs, or obstruct the view from any street or alley intersection (see visibility requirements, Section 14.4.35). The minimum clearance of any portion of a tree overhanging public street right-of-way shall be fourteen feet (14'), and overhanging a public sidewalk shall be eight feet (8').

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 14.5.3.

In a residential district, an accessory building is a subordinate or incidental building, attached to or detached from the main building, not used for commercial purposes and not rented. Accessory buildings shall not be permitted without a main building or primary use being in existence. Accessory buildings shall be located in the rear portion of the property.

In nonresidential districts, an accessory building is a subordinate building, the use of which is secondary to and supportive of the main building. Accessory buildings shall not be permitted without a main building or primary use being in existence. Accessory buildings shall be located in the rear portion of the property and must match the design standards and be constructed out of the same material as the main structure of the primary building in regards to the exterior finish.

Accessory dwelling units in SF-A zoning districts shall be allowed as an incidental residential use of a building on the same lot/tract as the main dwelling unit and used by the same person or persons of the immediate family, and shall meet the following standards:

Carports are prohibited within residential districts with the exceptions of Section 14.4.1(J).

Accessory buildings are not permitted without a main structure.

Accessory buildings shall not exceed the height allowed in the specific zoning district, except taller accessory buildings (including accessory dwellings) may be allowed in certain zoning districts by SUP if there is no adverse impact upon adjacent properties.

Metal, masonry, cementitious fiberboard, or wooden portable accessory buildings less than one hundred twenty (120) square feet and no greater than eight and one-half feet (8.5') in total ridge height are permitted. Such buildings shall not be used as an enclosed parking area or garage.

In all residential districts, the total floor area of all accessory structures shall not exceed fifty percent (50%) of the square footage of the livable area of the residence on the premises, or five percent (5%) of the lot/tract area, whichever is larger.

There shall be no more than two (2) accessory buildings on any residential lot/tract.

Accessory buildings and structures clearly incidental to a farm, ranch, orchard, truck garden or nursery (including but not limited to barns, stables, equipment sheds, poultry houses, swine pens, granaries, pump houses, water tanks and silos) are permitted in the SF-A district provided that accessory buildings and structures on tracts that contain less than four (4) acres shall be limited to fifty (50%) percent of the area of the principal dwelling, provided further that such allowable area shall not be less than one thousand five hundred (1,500) square feet.

Refer to Section 14.4.1(J) regarding the use of carports in the City of Westworth Village.

Accessory buildings are not permitted without a main structure.

Accessory buildings shall not exceed the height allowed in the specific zoning district, except taller accessory buildings may be allowed in certain zoning districts by SUP if there is no adverse impact upon adjacent properties.

Metal, masonry, cementitious fiberboard, or wooden portable accessory buildings less than one hundred twenty (120) square feet and no greater than eight and one-half feet (8.5') in total ridge height are permitted, but only if a solid fence or wall of eight feet in height and built as the structure is built on the side/rear lot/tract line to screen the building from adjacent property and from the view of a public street. Such buildings shall not be used as an enclosed parking area or garage.

In the event that a multifamily or manufactured housing district (including Planned Developments - PDs) sides or backs upon a single-family or duplex residential district, or in the event that a nonresidential district (including PDs) sides or backs upon any type of residential, a solid brick/masonry screening wall of not less than six feet (6'), nor more than eight feet (8'), 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.

In nonresidential, multifamily and manufactured housing districts, no fence or wall shall be erected in any front yard or side yard which is adjacent to a public street unless the fence/wall is required to screen the development from an adjacent residential area. In this case, the screening fence/wall shall be extended out to the street right-of-way line by the developer of the nonresidential, multifamily or manufactured/mobile home development, and the fence/wall shall be finished on both sides in a manner/color that is compatible to the exterior finish materials used on the main buildings, except for a manufactured housing park. Screening fences/walls shall be placed such that they do not impede visibility for vehicles entering or exiting the nonresidential, multifamily or manufactured/mobile home development (see Section 14.4.35 for sight visibility requirements).

All fences and walls require permits.

In districts permitting open storage, screening shall be required only for those areas used for open storage. All materials shall be adequately screened from visibility. A minimum six-foot (6') screening fence or wall shall be provided and maintained at the property line adjacent to the area to be screened by one or a combination of the following methods:

Refuse storage areas which are not within a screened rear service area and which are visible from a public right-of-way for all nonresidential, multifamily and manufactured housing park uses shall be visually screened by a minimum six foot (6') solid masonry wall on at least three sides. The fourth side, which is to be used for garbage pickup service, shall provide a solid gate to secure the refuse storage area. Alternate equivalent screening methods may be approved through the site plan approval process. 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.

Plans and specifications for screening and/or fencing around ground-mounted utility structures shall be approved in writing by the affected utility company, and shall be submitted, along with an approval letter/document from the utility company, to the City Administrator or his/her designee for review and approval prior to construction of said screening/fencing.

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

No fence shall be built to exceed eight (8') feet in height on any residentially zoned property.

Fence height shall be measured from the grade adjacent to the fence from the applicant’s side of the fence. If the fence is constructed on top of a retaining wall it shall be measured from the top of the retaining wall.

It shall be unlawful for any person to construct or repair a fence that is equal to or greater than twenty-five (25) percent of the total existing linear footage of a fence on any lot without having first obtained a fence permit from the City. A person may not construct or repair less than twenty-five (25) percent of the total linear footage of a fence more than once in a consecutive six-month period. Adequate plans and specifications, as determined by the City Administrator or his/her designee, must accompany each application for a permit.

Posts and rails shall be placed on the inside of the fence so that they are not visible from public property, public roadways, or alleys, unless otherwise approved by the City Administrator. Where fences are adjacent to an arterial or collector road as defined by the City, posts shall be composed of metal or other materials approved by the City Administrator. Notwithstanding anything to the contrary herein, for fences located between adjacent, private land owners and not visible from public property, public roadways, or alleys, the location of posts and rails is permitted to be as agreed to between said private land owners, provided a written consent is submitted to the City with the permit application required by Subsection D herein that is signed by all affected parties and that clearly articulates the location and placement of the Posts and rails including a description or depiction of the visibility of said posts and rails.

No fence or any part of such fence shall be constructed upon or caused to protrude over public property. All fences must be maintained in a plane so as not to overhang public property.

No newly constructed fence shall be located within any easement except by prior written approval of all agencies having any interest in such easement. Fences within utility and maintenance easements must be constructed with metal posts and removable fence sections. All vertical bars must be a minimum of three (3) inches on center and must not exceed three and fifteen-sixteenths (3-15/16) inches on center. The maximum diameter of all vertical and horizontal bars shall be two (2) inches. The minimum clearance between the bottom of the fence and grade is two (2) inches.

The purpose of a screening wall is to provide a visual and protective barrier between properties. Where new subdivisions are platted so that the rear or side yards of single-family residential lots are adjacent to or in close proximity to a public place including but not limited to, thoroughfares, arterial roads, drainage easements and public parks, a screening wall meeting the requirements herein, shall be constructed. Where a new subdivision is a controlled access community, perimeter walls that are adjacent to or in close proximity to a public place shall be considered screening walls and must meet the requirements detailed herein.

Screening walls required by this section shall conform to the following:

No front yard fencing shall be allowed forward of the front building line in the SF-R district. For all other districts, no fence shall be built within the required front yard, as defined in the Zoning Ordinance, except for lots that have an area of one and one-half acres (1.5) acres or greater. Front yard fencing shall be limited to four (4) feet in height and shall not be of solid construction, providing that at least fifty (50%) percent of the fence be open.

Fences must be able to structurally support fencing materials for a seventy (70) MPH wind speed.

See Section 14.4.35 for sight visibility requirements for fences and screening walls.

Special purpose fencing, such as fencing around tennis courts, dog runs, etc. is permitted. Special purpose fencing shall comply with the requirements as set forth in this section. Smooth, non-climbable two-inch by four-inch mesh on metal posts will be acceptable behind the building line. Any other materials require approval from the City Administrator or his/her designee.

A fence that does not comply with the requirements of this Article as of the effective date of this Chapter, shall be allowed to remain on the property. In addition, the owner of property shall be allowed to repair or replace a pre-existing nonconforming fence with identical materials used in the construction of the pre-existing nonconforming fence, or shall use materials authorized by this Chapter. In no event, shall the owner of property be allowed to repair or replace a pre-existing nonconforming fence with different materials prohibited by this section.

This term shall be construed to mean that form of construction composed of brick, stone, decorative concrete block or tile, or other similar building units or materials (or 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, the term “masonry construction” shall include the following materials:

The following materials shall not qualify nor be defined as “masonry construction” in meeting the minimum requirements for the exterior construction of buildings:

See the definition of “masonry construction” in Section 14.1.5.

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

All setback measurements shall be made as described in Article 3, Zoning Districts.

All setbacks established on a recorded plat shall be enforced, even if they exceed the required setbacks in this Chapter. Setbacks established on a recorded plat shall only be changed via ordinance.

On all corner lot/tracts, 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 lot/tracts 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.

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.

The front yard shall be measured from the property line to the front face of the building, to the nearest supporting member of a covered porch or terrace, or to any 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 feet (4'), and subsurface structures, platforms or slabs may not project into the front yard to a height greater than thirty inches (30") above the average grade of the yard. Open porches extending into the front yard shall not be enclosed.

Minimum lot/tract widths for lot/tracts with predominate frontage on the curved radius of a street (e.g., cul-de-sac or “eyebrow” portion of a street) shall be measured as the linear distance of the curved front building line, and shall be shown on the final plat. Lot/tract widths for all lot/tracts shall be as set forth in the respective zoning district for each lot/tract.

Gasoline service station pump islands (and their canopy structures) that parallel a public street may be located a minimum of eighteen feet (18') to the property line adjacent to a public street. For pump islands (and canopies) that are perpendicular or diagonal to a public street, the setback shall be thirty feet (30') in order to prevent vehicles stacking out into the street while waiting for a pump position. Pump islands and their canopies may extend beyond the front building line as described above, provided that all other requirements of this Chapter are met, but shall not be closer than fifteen feet (15') to any property line that is not adjacent to a public street.

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

Unless otherwise provided in this Ordinance, every part of a required side and rear yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, and other architectural features not to exceed twelve inches (12") into the required side or rear yard, and roof eaves projecting not to exceed forty-eight inches (48") into the required side or rear yard. Air conditioning compressors and similar equipment are permitted in the side or rear yard. Open porches extending into a side or rear yard shall not be enclosed. A canopy may project into a required side or rear yard provided that it is not enclosed, and provided that it is at least five feet (5') from the adjacent property line.

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

Where retaining walls are installed/required, said retaining walls shall be constructed of stone, brick or other masonry materials. Wood products/materials are not approved for retaining wall development/construction.

For the purpose of this Section, the following special definitions shall apply:

Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding, landscaping, sign or other feature obstructs the vision of a motor vehicle driver approaching any street, alley, or driveway intersection. Whenever an intersection of a street(s), alley, and/or driveway occurs, a triangular visibility area shall be created. Landscaping, fences, walls, earthen berms and other features within the triangular visibility area shall be designed so as to provide unobstructed cross-visibility at a level between twenty-four inches (24") and eight feet (8') above the ground. The triangular areas are defined as follows:

Shrubs and plant materials that are typically less than twenty-four inches (24") in height at maturity may be located within sight visibility areas provided that they are kept maintained at a maximum height of twenty-four inches (24").

A limited number of single-trunked trees having a clear trunk (i.e., branching) height of at least eight feet (8') may be located within sight visibility areas provided that they are trimmed in such a manner that no limbs or foliage extend into the cross-visibility area defined above, and provided that they are spaced and positioned such that their trunks will not produce a visibility inhibiting, “picket fence” effect when they attain mature size.

Pad sites, which shall be defined as sites or lot/tracts that are no larger than one and one-half (1.5) acre in size, shall not occupy more than seventy-five percent (75%) of any street frontage of a development.

Buildings on pad sites may not block more than fifty percent (50%) of the view into a development.

All nonresidential lot/tracts, including pad sites, shall share driveway curb openings via mutual access easements from one lot/tract to adjacent lot/tracts, for fire and emergency access, as well as for public convenience.

All nonresidential and multifamily lot/tracts, including pad sites, shall have either direct or indirect, via mutual access/fire lane easements on adjacent property, access to a median opening if located on a median-divided roadway, whether existing or planned in the future. Driveways for all nonresidential and multifamily lot/tracts, including pad sites, shall align, to the greatest extent possible, with any existing or proposed driveways on the other side of any type of roadway.

Site plan approval by the Planning and Zoning Commission and City Council shall be required for all day care center sites, whether or not an SUP is required.

Day care centers are a permitted use by right if operated by an organized church and within the building complex of said church. However, operation of day care facilities requires site plan approval and issuance of a Certificate of Occupancy for day care.

Day care centers are permitted in nonresidential districts only when:

All day care centers shall comply with the following standards:

Home occupations shall be permitted as an accessory use in single- and two-family residential zoning districts (i.e., SF-A, SF-B, SF-C, SF-R and MH) provided that they comply with all restrictions herein;

The occupation shall produce no alteration or change in the character or exterior appearance of the principal building from that of a residential dwelling, and performance of the occupation activity shall not be visible from the street;

Such use shall be incidental and secondary to the use of the premises for residential purposes, and shall not utilize floor area exceeding twenty percent (20%) of the combined gross floor area of dwelling unit and any accessory building(s) that are used for the home occupation (in no case shall the combined floor area utilized for a home occupation exceed five hundred (500) square feet);

The occupation shall not employ more than one (1) person who is not a member of the household in which the home occupation occurs;

Not more than two (2) patron or business-related vehicles shall be present at one time, and the proprietor shall provide adequate off-street parking on the property where the use is located;

The operation of such an occupation shall be between the hours of 8:00 a.m. and 6:00 p.m. for outdoor activities, and between 8:00 a.m. and 10:00 p.m. for indoor activities;

One commercial vehicle, capacity of one ton or less, according to the manufacturer’s classification, may be used or parked, behind the front building line, on the property in connection with the home occupation, but said vehicle may not be parked in the street or within the front yard setback;

The occupation activity shall not increase vehicular traffic flow beyond what normally occurs within a residential district, and shall not require regular and frequent deliveries by large delivery trucks or vehicles with a rated capacity in excess of one and one-half tons, according to the manufacturer’s classification;

There shall be no outside storage, including trailers, or outside display related to the home occupation use;

No mechanical or electrical equipment shall be employed on the premises other than that which is customarily found in a home environment, and that which is customarily associated with a hobby or avocation which is conducted solely for pleasure and not for profit or financial gain;

The home occupation shall not generate noise, vibration, glare, fumes/odors, heat or electrical interference beyond what normally occurs within a residential district;

The occupation shall not require the use of chemicals on the property that are obnoxious or hazardous to the welfare of the neighborhood;

The home occupation shall not involve the use of advertising signs or window displays, or any other device that calls attention to the business use of the premises through audio and/or visual means;

The occupation shall not offer a ready inventory of any commodity for sale on the premises unless the commodity is made/assembled on-site (e.g., arts and crafts items, handmade clothing, etc.); and

The occupation shall not be harmful or detrimental to the health, welfare and safety of the neighborhood, nor shall it interfere with the comfortable enjoyment of life, property and recreation by residents of the area.

Office facility of an accountant, architect, landscape architect, attorney, engineer, consultant, insurance agent, realtor, broker, or similar profession;

Author, artist or sculptor;

Dressmaker, seamstress or tailor;

Music/dance teacher, or similar types of instruction, provided that instruction shall be limited to no more than one pupil at a time;

Individual tutoring and home schooling;

Millinery;

Office facility of a minister, rabbi, priest or other clergyman;

Home crafts, such as rug weaving, model making, etc.;

Office facility of a salesman, sales or manufacturer’s representative, etc., provided that no retail or wholesale transactions or provision of services are personally and physically made on the premises;

Repair shop for small electrical appliances, cameras, watches/clocks, and other small items, provided that the items can be carried by one person without using special equipment, and provided that the items are not equipped with an internal combustion engine;

Food preparation establishments such as cake making/decorating or catering, provided that there is no on-premises consumption by customers, and provided that all aspects of the business comply with all State and local health regulations;

Registered Family Homes (see definition in Section 14.1.5) in compliance with applicable State laws, which are incorporated herein by reference, with no more than six (6) children; and

Swimming lessons and water safety instruction, provided that such instruction involves no more than six (6) pupils at any one time.

Animal hospitals or clinics, commercial stables, or kennels;

Schooling or instruction, except swimming/water safety classes and home schooling, with more than one pupil at a time;

Restaurants or on-premises food or beverage (including Private Clubs) consumption of any kind, except for limited food/meal consumption associated with the operation of a licensed registered family home or a bed and breakfast facility;

Automobile, boat or trailer paint or repair shop; small engine or motorcycle repair shop; welding shop; large household appliance repair shop; or other similar type of business;

Office facility for a doctor, dentist, veterinarian or other medical-related profession;

On-premises retail or wholesale sales of any kind, except for items that are produced entirely on the premises in conformance with this Chapter, and except for occasional garage sales;

Commercial clothing laundering or cleaning;

Mortuaries or funeral homes;

Trailer, vehicle, tool or equipment rentals, sales or leasing;

Repair shops or services, except as specifically provided in Section 14.4.42 above;

Drapery or furniture upholstery shops;

Antique, gift or specialty shops;

Repair shops for any items having internal combustion engines; and

Any use that would be defined by the Building Code as an Assembly, Factory/Industrial, Hazardous, Institutional or Mercantile occupancy.

Any home occupation that was legally in existence as of the effective date of this Chapter and that is not in full conformity with the provisions herein shall be deemed a legal nonconforming use, and is subject to the provisions of Article 2, Division 1 of this Chapter provided that the owner/proprietor of such home occupation registers his/her business with the City within ninety (90) days of the effective date of this Chapter, and provided that the home occupation use was not in violation of any other local, State or Federal law or regulation on that date. Proof of the existence of such home occupation use prior to the effective date of this Chapter shall be required upon registration.

Any home occupation that was legally in existence as of the effective date of this Chapter and that conforms with the provisions herein shall be hereby authorized to continue, provided that the home occupation use is registered with the City as described in Subsection (a) above.

The height of any sign shall be measured vertically at 90 degrees from the ground at the base of the sign.

All signs must conform to the regulations and design standards of the Building Code and other ordinances of the City. Wiring of all electrical signs must conform to the electric code of the City.

Signs shall be designed, located, shielded, and directed to prevent the casting of glare or direct light from artificial illumination upon adjacent public right-of-way and surrounding property.

Whenever a sign is damaged by wind, is inadequately maintained, is of faulty construction, or is damaged by any other cause, it shall be considered a public nuisance and the owner shall be required to repair such sign substantially to its original condition as determined by the City Administrator or his/her designee, or at the owner’s election such sign shall be removed. A sign which has been permitted to remain in place as a nonconforming use shall be removed when the sign, or a substantial part of it, is blown down or otherwise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters, symbols, or other material on the sign. For purposes of this ordinance, a sign or a substantial part of it is considered to have been destroyed if the cost of repairing the sign is more than 50% of the cost of erecting a new sign of the same type at the same location.

No sign may be erected or placed on public right-of-way. Any signs so erected or placed may be removed by the designated official without notice. No sign may be erected or placed on vacant lots or tracts unless written permission has been given by the property owner and such documentation is provided to the designated official upon the official’s request.

No permanent or temporary sign shall be located to block the visibility triangle as defined in the Section 14.4.35.

Any sign authorized in this Ordinance is allowed to contain a noncommercial message in place of any other authorized message.

Off-premise signs shall be prohibited in the City of Westworth Village, with the exception of builders’ directional signs or instructional signs, when written permission has been given by the property owner and such documentation is provided to the designated official upon the official’s request.

No sign shall be permitted to be painted on the wall of any building or on any part of a building.

Pole or Pylon signs

Roof signs

Portable signs, “A” Frame Signs, or Sandwich Board Signs except as used by Agencies and Departments of the City of Westworth Village for public service/safety announcements or information and then only with the approval of the Mayor and/or Administrative Official.

Moving, flashing, animated, or rotating signs, signs with moving lights, or signs which create the illusion of movement, except for reader boards which convey a message.

Signs placed on or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property, or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property. However, this does not prohibit signs placed on vehicles and trailers that are incidental to the primary use or ownership of the vehicle or trailer as transportation.

Signs attached to utility poles or other surfaces which are not the property of the utility or serve a public purpose located within a public right-of-way or easement.

Permanent off-premise signs, as defined by the Highway Beautification Act.

Signs required by governmental bodies or specifically authorized for a public purpose by any law, statute, or ordinance. Such public signs may be of any type, number, area, height, location, or illumination as required by law, statute, or ordinance.

Signs placed on or affixed to vehicles and/or trailers where the sign is incidental to the primary use of the vehicle or trailer as transportation.

Signs warning the public of the existence of danger but containing no advertising material; to be removed within three days upon the subsidence of danger. Such warning signs may be of any type, number, area, height, location, or illumination as deemed necessary to warn the public of the existence of danger.

Flags of governmental entities or nonprofit organizations. Nothing in this Ordinance shall be construed to prevent the display of a national or state flag, or to limit flags, insignias, or legal notices, or informational, directional, or traffic signs which are legally required and necessary to the essential functions of government agencies.

Signs of a duly constituted governmental body, including traffic or similar regulatory devices, legal notices, warnings at railroad crossings, and other instructional or regulatory signs having to do with health, hazards, parking, swimming, dumping, etc.

Address numerals and other signs required to be maintained by law or governmental order, rule, or regulation are allowed, provided that the content and size of the sign do not exceed the requirements of such law, order, rule, or regulation.

Signs used as scoreboards in athletic stadiums.

Signs which direct vehicles and pedestrian traffic, which may display arrows, words, or other symbols to indicate direction of facilities.

Signs which are located in or adjacent to entrances or foyers.

Signs providing no advertising of any kind, which provide direction or instruction to guide persons to facilities intended to serve the public, including but not specifically limited to the signs identifying restrooms, public telephones, public walkways, parking areas, and other similar facilities.

Application for a permit for a permanent sign shall be made in writing upon forms furnished by the City Administrator or his/her designee. Such application shall contain the location by street and address number of the proposed sign, height, area, sign function, as well as the name, address and phone number of the owner and sign contractor or erector. The City Administrator or his/her designee may require the filing of plans or other pertinent information which, in the City Administrator or his/her designee’s opinion, is necessary to ensure compliance with this Ordinance.

A sign permit may be terminated in accordance with the following provisions:

Where elements of the surface or background can be seen as viewed from the normal viewing distance (intended viewing distance), to have portions of the finished material missing, or otherwise not in harmony with the rest of the surface;

Where the structural support or frame members are visibly bent, broken, dented or torn;

Where the panel is visibly cracked or in the case of wood and similar products, splintered in such a way as to constitute an unsightly or harmful condition;

Where the sign or its elements are twisted or leaning or at angles other than those at which it was originally erected (such as may result from being blown or the failure of structural support);

Where the message or wording can no longer be clearly read by a person with normal eyesight under normal viewing conditions; or

Where the sign or its elements are not in compliance with the building code requirements currently adopted by the City.

Any use shall be operated so as not to produce obnoxious and intense glare or direct illumination across the bounding property line from a visible source of illumination of such intensity as to create a nuisance or detract from the use or enjoyment of adjacent property. All outside lights shall be made up of a light source and reflector so selected that acting together, the light beam is controlled and not directed across any bounding property line above a height of three feet (3'). The allowable maximum intensity measured at the property line of a residential use in a residential district shall be 0.25 footcandles. Light poles shall be placed on the site a setback equal to its height from all adjacent residential property.

All off-street parking areas for nonresidential uses in nonresidential districts which are used after dark shall be illuminated beginning one-half (1/2) hour after sunset and continuing throughout the hours of business operation. If only a portion of a parking area is offered for use after dark, only that part is required to be illuminated in accordance with these standards. However, the portion offered for use shall be clearly designated. Lighting within the parking areas shall meet the following minimum requirements:

Residential lighting for security and night recreation use is permitted in all residential districts provided the following requirements are met: