Balch Springs Zoning Ordinance (Draft)

Prepared for: City of Balch Springs, Texas Draft: 12/22/2016 8:08 PM

Prepared by: FREESE AND NICHOLS, INC. 2711 N. Haskell Avenue, Suite 3300 Dallas, TX 75204 214-217-2200

BCS16317

City of Balch Springs: Zoning Ordinance Section 1. General Provisions

Table of Contents

Enacting Clause ...... 3 Purpose ...... 3 Zoning District Map Regulation ...... 3 Zoning District Boundaries ...... 5 Compliance Required / Interpretation / Rules of Construction ...... 6

Zoning Districts Established ...... 8 Equivalency Table for Zoning Districts ...... 9 SF-6, Single-Family Dwelling District ...... 10 SF-8, Single-Family Dwelling District ...... 11 SF-10, Single-Family Dwelling District ...... 12 SF-40, Single-Family Dwelling District ...... 13 2F, Two-Family Dwelling (Duplex) District ...... 14 TH, Townhouse (Attached) Dwelling District ...... 15 MF-16, Multiple-Family Dwelling District ...... 16 MF-24, Multiple-Family Dwelling District ...... 18 O, Office District...... 20 LR, Local Retail District ...... 21 C, Commercial District ...... 22 I, Industrial District...... 23 M, Mixed Use District ...... 24 H, Highway Development ...... 25 PD, Planned Development District ...... 26 Dimensional Standards Table ...... 27

Uses Permitted by District ...... 29 Classification of New and Unlisted Uses ...... 29 Use Chart ...... 29 Conditional Development Standards ...... 36 Regulations of Specific Uses ...... 41 Nonconformities ...... 42 Accessory Buildings and Uses ...... 47

Landscape Requirements ...... 50 Screening Standards ...... 60 Parking Standards ...... 63 Lighting Standards ...... 71 Supplementary Regulations ...... 77 Design Standards ...... 79

Planning Director ...... 89 Building Official ...... 89 Planning and Zoning Commission ...... 89 City Council ...... 90 Board of Adjustment...... 90

General Application Processing ...... 93 Pre-Application Meeting ...... 94 Complete Applications ...... 95

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Alternative Compliance ...... 96 Public Hearings and Notification Requirements for Zoning Related Applications...... 98 Zoning upon Annexation ...... 102 Zoning Text and Map Amendments ...... 102 Platting Property Not Zoned ...... 104 Creation of Building Site ...... 104 Certificates of Occupancy and Compliance ...... 104 Site Plan Requirements ...... 106 PD Application and Review ...... 110 Specific Use Permit (SUP) ...... 115 Amortization of Nonconforming Uses ...... 117

Zoning Regulation Appeal ...... 119 Zoning Variance ...... 121 Zoning Special Exception ...... 124 Zoning Vested Rights Petition ...... 126

Standard Zoning Definitions ...... 128

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General Provisions Enacting Clause This ordinance is hereby enacted and adopted as the zoning ordinance for the city of Balch Springs, Texas. Purpose Implementation of the Comprehensive Plan The zoning regulations and districts established in this Zoning Ordinance have been made in accordance with the Comprehensive Plan for the purpose of promoting the health, safety, and general welfare of the City. The zoning regulations and districts have been designed to achieve the following purposes: Lessen congestion in the streets; Secure safety from fire, panic and other dangers; Promote health and the general welfare; Provide adequate light and air; Prevent the overcrowding of land; Avoid undue concentration of population; and Facilitate the adequate provision of transportation, water, wastewater, schools, parks, and other public requirements. Zoning Ordinance Considerations The zoning regulations and districts have been made with reasonable consideration for, among other things, the character of the districts, a district’s peculiar suitability for the particular uses specified, conserving the value of buildings and encourage the most appropriate use of land through the City consistent with the Comprehensive Plan. Zoning District Map Regulation Official Zoning District Map The official Zoning District Map shall be labeled the “Official Zoning District Map of the City of Balch Springs, Texas” and shall be maintained as a physical hard-copy file and an electronic file. The “Official Adoption Date” and the “Last Amended Date” shall be shown on the official Zoning District Map. Management, Physical Locations, and Maintenance of the Official Zoning District Map Three identical copies of the Zoning District Map shall be adopted and shall bear the signature of the Mayor and the attestation of the City Secretary. The three official copies of the Zoning District Map shall be filed and maintained as follows: a. One copy shall be filed with the City Secretary and retained as an original record and shall not be changed in any manner. b. One copy shall be filed with the Building Official and shall be maintained with all changes and subsequent amendments for observation in issuing building permits and enforcing the Zoning Ordinance.

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c. One copy shall be filed in the office of the Planning Director and shall be maintained by posting thereon all changes and amendments. In the case of a conflict between these maps, this map in the office of the Planning Director and its amendments shall govern. The Planning Director shall maintain an electronic file of the official Zoning District Map, as it was originally adopted. Incorporating Updates to the Official Zoning District Map The Planning Director shall be responsible for updates to the official Zoning District Map. The Planning Director’s copy of the official Zoning District Map shall be used for reference and shall be maintained by incorporating all subsequent amendments enacted by official action of the City Council. The Planning Director shall use all reasonable means to protect the official Zoning District Map from damage, and to ensure the accurate restoration of the map file if damage or destruction of the original file occurs. Changes or Amendments Reflected on the Map Any changes or amendments made to the zoning district boundaries shall be incorporated into the Zoning District Map files (i.e., physical and electronic) promptly after the amendment has been approved by the City Council. The Planning Director shall maintain a descriptive log of amendments to the map. The Planning Director shall use all reasonable means to ensure that no changes are made to the official Zoning District Map without authorization by official action of the City Council. Replacement of a Damaged, Destroyed, or Lost Official Zoning District Map In the event that the official Zoning District Map file becomes damaged, destroyed, lost or difficult to interpret for any reason, the City Council may adopt a new official Zoning District Map by ordinance following a public hearing. The new official Zoning District Map shall replace and supersede any prior official Zoning District Map. As a true replacement map, the new official Zoning District Map shall not amend or otherwise change district boundaries or classifications from the prior official Zoning District Map. Informational Zoning Maps with Updates Informational zoning maps that are intended to represent the official Zoning District Map, with updated changes in zoning districts and boundaries as they are made, may be made from time to time and placed on physical display and on the City’s website. The Planning Director shall be responsible for all informational zoning maps and the frequency of updates.

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Zoning District Boundaries Boundary Delineations The zoning district boundary lines shown on the Zoning District Map are usually along streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the Zoning District Map, the following rules shall apply: Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed to follow such centerline. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. Boundaries indicated as approximately following City limits shall be construed as following City limits. Boundaries indicated as following railroad lines shall be construed to be midway between the right-of-way lines. Boundaries indicated as following the centerline of creeks, streams or drainage ways shall be construed to follow such centerline, and in the event of change in the centerline shall be construed to move with such centerline. Boundaries indicated as parallel to or extensions of features indicated within 1.04.A. 1 through 1.04.A. 5 above shall be so construed. Distances not specifically indicated on the Zoning District Map shall be determined by the scale of the Map. Whenever any street, alley or other public way is vacated by official action of the City Council or whenever such area is franchised for building purposes, the zoning district line adjoining each side of such street, alley or other public way shall be automatically extended to the centerline of such vacated street, alley or public way and all areas so involved shall then and henceforth be subject to all regulations of the extended districts. The zoning classification applied to a tract of land adjacent to a street shall extend to the centerline of the street unless, as a condition of zoning approval, it is stated that the zoning classification shall not apply to the street.

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Compliance Required / Interpretation / Rules of Construction Compliance Required This Zoning Ordinance applies to all land, buildings, structures or appurtenances located within the City that are hereafter: Occupied, Used, Erected, Altered, Removed, Placed, Demolished, or Converted. Interpretation Restrictiveness Where the regulations in this Zoning Ordinance are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations that are more restrictive and impose higher standards shall govern. Abrogation of Private Agreement These Zoning Ordinance regulations do not abrogate any easement, covenant or other private agreement. Cumulative Effect These Zoning Ordinance regulations are cumulative and may impose additional limitations upon all other laws and ordinances previously passed or that may be passed in the future on any subject matter set forth in these regulations. Error Correction In the event that any property or zoning district set forth on the Zoning District Map as provided in Section 1.03 Zoning District Map of the Zoning Ordinance is misnamed, designated incorrectly, the boundaries are incorrect or the property is omitted, in part or in whole, the Zoning District Map may be amended or supplemented. a. Applicants The property owner of said tract, the City Council, or the Planning and Zoning Commission may submit an application to the Planning Director to initiate the error correction process. b. Process The error correction shall be processed as a zoning map amendment according to Zoning Text and Map Amendments.

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Rules of Construction The language set forth in these regulations shall be interpreted in accordance with the following rules of construction. Number The singular number includes the plural, and the plural the singular. Tense The present tense includes the past and future tenses, and the future the present. Mandatory and Permissive Language The words ‘shall’ and ‘must’ are mandatory while the word ‘may’ is permissive. Gender Terms The masculine gender includes the feminine. Parentheses Any word appearing in parentheses directly after a word herein defined shall be construed in the same sense as that word. Conflicts If there is an expressed conflict: a. The text of the Zoning Ordinance controls over the charts or any other graphic display in the Zoning Ordinance; and b. The use regulations control over the district regulations in the Zoning Ordinance.

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Zoning Districts Zoning Districts Established Purpose The purpose of this section is to create zoning districts, to specify the nature and components of the permitted development and uses within them, and to establish regulations regarding the physical character and intensity of development in order to protect the public health, safety and welfare. Zoning Districts Established All land within the corporate limits shall be classified into one of the following zoning districts.

Table 1: Zoning Districts

Residential Zoning Districts

2.03 SF-6, Single-Family Dwelling District 2.04 SF-8, Single-Family Dwelling District 2.05 SF-10, Single-Family Dwelling District 2.06 SF-40, Single-Family Dwelling District 2.07 2F, Two-Family Dwelling (Duplex) District 2.08 TH, Townhouse (Attached) Dwelling District 2.09 MF-16, Multiple-Family Dwelling District 2.10 MF-24, Multiple-Family Dwelling District

Nonresidential Zoning Districts

2.11 O, Office District 2.12 LR, Local Retail District 2.13 C, Commercial District 2.14 I, Industrial District

Special Zoning Districts

2.15 M, Mixed Use District 2.16 H, Highway Development 2.17 PD, Planned Development District

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Equivalency Table for Zoning Districts The following table identifies zoning districts adopted in previous ordinances and the zoning district regulations that now apply in this Zoning Ordinance to those districts.

Table 2: Zoning Districts Equivalency Table

Previous Zoning Designation Current Zoning District

Residential Zoning Districts

Residential SF-6, Single-Family Dwelling District

- SF-8, Single-Family Dwelling District - SF-10, Single-Family Dwelling District - SF-40, Single-Family Dwelling District 2F, Two-Family Dwelling District 2F, Two-Family Dwelling (Duplex) District - TH, Townhouse (Attached) Dwelling District MF Multiple-Family Dwelling District MF-16, Multiple-Family Dwelling District - MF-24, Multiple-Family Dwelling District

Nonresidential Zoning Districts

GI O, Office District LR, Local Retail District LR, Local Retail District C, Commercial District C, Commercial District CIM, Commercial/Industrial/Manufacturing I, Industrial District

Special Zoning Districts

- M, Mixed Use District - H, Highway Development PD, Planned Development District PD, Planned Development District

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SF-6, Single-Family Dwelling District Purpose Statement This district is intended to provide for development of single-family detached dwelling units within a suburban neighborhood setting at 7-8 dwelling units per acre. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. Dimensional Regulations See the Dimensional Standards for Residential Districts and all applicable regulations in Section 4 Development Standards See the following sections for development regulations. a. See 4.01 Landscape Requirements b. See 4.02 Screening Standards c. See 4.03 Parking Standards d. See 4.04 Lighting Standards e. See 4.05 Supplementary Regulations f. See 4.06 Design Standards

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SF-8, Single-Family Dwelling District Purpose Statement This district is intended to provide for development of single-family detached dwelling units within a suburban neighborhood setting at 5-6 dwelling units per acre. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. Dimensional Regulations See the Dimensional Standards for Residential Districts and all applicable regulations in Section 4 Development Standards See the following sections for development regulations. a. See 4.01 Landscape Requirements b. See 4.02 Screening Standards c. See 4.03 Parking Standards d. See 4.04 Lighting Standards e. See 4.05 Supplementary Regulations f. See 4.06 Design Standards

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SF-10, Single-Family Dwelling District Purpose Statement This district is intended to provide for development of single-family detached dwelling units within a suburban neighborhood setting at approximately 4 dwelling units an acre. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. Dimensional Regulations See the Dimensional Standards for Residential Districts and all applicable regulations in Section 4. Development Standards See the following sections for development regulations. a. See 4.01 Landscape Requirements b. See 4.02 Screening Standards c. See 4.03 Parking Standards d. See 4.04 Lighting Standards e. See 4.05 Supplementary Regulations f. See 4.06 Design Standards

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SF-40, Single-Family Dwelling District Purpose Statement This district is intended to provide for development of single-family detached dwelling units within a suburban neighborhood setting at approximately one dwelling unit an acre. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. Dimensional Regulations See the Dimensional Standards for Residential Districts and all applicable regulations in Section 4. Development Standards See the following sections for development regulations. a. See 4.01 Landscape Requirements b. See 4.02 Screening Standards c. See 4.03 Parking Standards d. See 4.04 Lighting Standards e. See 4.05 Supplementary Regulations f. See 4.06 Design Standards

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2F, Two-Family Dwelling (Duplex) District Purpose Statement This district is intended to provide for development of quality duplex residential development. This district is envisioned to include small areas or entire neighborhoods consisting entirely of duplexes. Additionally, this district serves to provide for a transition between lower density residential areas and more intense residential areas or nonresidential areas. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. Dimensional Regulations See the Dimensional Standards for Residential Districts and all applicable regulations in Section 4. Development Standards See the following sections for development regulations. a. See 4.01 Landscape Requirements b. See 4.02 Screening Standards c. See 4.03 Parking Standards d. See 4.04 Lighting Standards e. See 4.05 Supplementary Regulations f. See 4.06 Design Standards

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TH, Townhouse (Attached) Dwelling District Purpose Statement This district is intended to provide for development of townhouses in structures built to accommodate three (3) to twelve (12) units per structure. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. Dimensional Regulations See the Dimensional Standards for Residential Districts and all applicable regulations in Section 4. Development Standards See the following sections for development regulations. a. See 4.01 Landscape Requirements b. See 4.02 Screening Standards c. See 4.03 Parking Standards d. See 4.04 Lighting Standards e. See 4.05 Supplementary Regulations f. See 4.06 Design Standards Lot Provisions for Dwelling Units a. Each dwelling unit shall be located on a single lot that fronts a dedicated street or other approved public access easement and is served individually by water, wastewater, electric, and gas utility services. b. There shall be no more than one dwelling unit on any lot. Structure Separation a. Contiguous attached structures shall not exceed 310 feet in length. b. The minimum separation between noncontiguous, adjacent structures shall be twenty (20) feet Mechanical Equipment, Refuse Containers, and Waste Storage a. Mechanical equipment, refuse containers, and waste storage areas shall be constructed, located and screened to prevent interference with the peace, comfort, and repose of the occupants of any adjoining building or residence. Garages a. All homes shall have a two-car enclosed garage. b. Access to the garage shall be by means of a driveway connecting with an adjacent public street, alley, public access easement, private street, or private access easement.

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MF-16, Multiple-Family Dwelling District Purpose Statement This district is intended to provide for development of attached residential units, such as multi-family developments, at a maximum residential density of 16 dwelling units per acre. (The dwelling units per acre (DU/A) calculation is exclusive of all streets, alleys and sidewalks, but inclusive of open space, recreational, and service areas.) This district is for moderate densities. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. Dimensional Regulations See the Dimensional Standards for Residential Districts and all applicable regulations in Section 4. The maximum residential density shall be 16 dwelling units per acre. Development Standards See the following sections for development regulations. a. See 4.01 Landscape Requirements b. See 4.02 Screening Standards c. See 4.03 Parking Standards d. See 4.04 Lighting Standards e. See 4.05 Supplementary Regulations f. See 4.06 Design Standards Front Yard Regulations a. No structure shall be located in the front yard. b. No off-street parking shall be allowed in any front yard area. However, drives of ingress and egress from the public street to a parking area shall be allowed to cross the front yard from front to rear. Garages A minimum of twenty-five (25) percent of the total number of units in the complex shall have a one-car enclosed garage, two hundred forty (240) square feet minimum, attached or detached, per dwelling unit. Mechanical Equipment, Refuse Containers, and Waste Storage Mechanical equipment, refuse containers and waste storage areas shall be constructed, located and screened to prevent interference with the peace, comfort, and repose of the occupants of any adjoining building or residence. Storage Area Every apartment unit shall have an enclosed storage area of not less than thirty (30) square feet of Floor Area, eight feet (8’) high, exclusive of interior closet space.

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Private Recreation Areas a. Recreation Area Required i. All apartment complexes shall have at least one (1) recreation area, in a location free of traffic hazards, easily accessible to all complex residents, and centrally located where topography permits. b. Recreation Space Requirement i. Not less than eight percent (8%) of the gross complex area shall be devoted to recreational facilities, generally in a central location. In large complexes (two acres or larger) these may be decentralized. ii. Recreation areas include space for community buildings and community uses, such as adult recreation and child play areas, and swimming pools, but do not include vehicle parking, commercial, maintenance, and utilities areas. c. Playground Space i. When playground space is provided, it shall be so designated and shall be protected from traffic, streets, and parking areas. ii. Such space shall be maintained in a sanitary condition and free of dangerous conditions and hazards. Site Plan Required for Rezoning to the MF-16, Multiple-Family Dwelling District A Site Plan, as outlined in Site Development Requirements, shall be required for all Zoning Text and Map Amendments. Applications seeking the MF-16, Multiple-Family Dwelling District designation. The Site Plan shall be included as part of the ordinance approving the Zoning Text and Map Amendments.

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MF-24, Multiple-Family Dwelling District Purpose Statement This district is intended to provide for development of attached residential units, such as multi-family developments, at a maximum residential density of 24 dwelling units per acre. (The dwelling units per acre (DU/A) calculation is exclusive of all streets, alleys and sidewalks, but inclusive of open space, recreational, and service areas.) This district is for urban densities. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. Dimensional Regulations See the Dimensional Standards for Residential Districts and all applicable regulations in Section 4. The maximum residential density shall be 24 dwelling units per acre. Development Standards See the following sections for development regulations. a. See 4.01 Landscape Requirements b. See 4.02 Screening Standards c. See 4.03 Parking Standards d. See 4.04 Lighting Standards e. See 4.05 Supplementary Regulations f. See 4.06 Design Standards Front Yard Regulations a. No structure shall be located in the front yard. b. No off-street parking shall be allowed in any front yard area. However, drives of ingress and egress from the public street to a parking area shall be allowed to cross the front yard from front to rear. Garages A minimum of twenty-five (25) percent of the total number of units in the complex shall have a one-car enclosed garage, two hundred forty (240) square feet minimum, attached or detached, per dwelling unit. Mechanical Equipment, Refuse Containers, and Waste Storage Mechanical equipment, refuse containers and waste storage areas shall be constructed, located and screened to prevent interference with the peace, comfort, and repose of the occupants of any adjoining building or residence. Storage Area Every apartment unit shall have an enclosed storage area of not less than thirty (30) square feet of Floor Area, eight feet (8’) high, exclusive of interior closet space.

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Private Recreation Areas a. Recreation Area Required i. All apartment complexes shall have at least one (1) recreation area, in a location free of traffic hazards, easily accessible to all complex residents, and centrally located where topography permits. b. Recreation Space Requirement i. Not less than eight percent (8%) of the gross complex area shall be devoted to recreational facilities, generally in a central location. In large complexes (two acres or larger) these may be decentralized. ii. Recreation areas include space for community buildings and community uses, such as adult recreation and child play areas, and swimming pools, but do not include vehicle parking, commercial, maintenance and utilities areas. c. Playground Space i. When playground space is provided, it shall be so designated and shall be protected from traffic, streets, and parking areas. ii. Such space shall be maintained in a sanitary condition and free of dangerous conditions and hazards. Site Plan Required for Rezoning to the MF-24, Multiple-Family Dwelling District A Site Plan, as outlined in Site Development Requirements, shall be required for all Zoning Text and Map Amendments. Applications seeking the MF-24, Multiple-Family Dwelling District designation. The Site Plan shall be included as part of the ordinance approving the Zoning Text and Map Amendments.

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O, Office District Purpose Statement This district is intended to provide for low intensity office and professional uses. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. Dimensional Regulations See the Dimensional Standards for Nonresidential District and all applicable regulations in Section 4. Development Standards See the following sections for development regulations. a. See 4.01 Landscape Requirements b. See 4.02 Screening Standards c. See 4.03 Parking Standards d. See 4.04 Lighting Standards e. See 4.05 Supplementary Regulations f. See 4.06 Design Standards

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LR, Local Retail District Purpose Statement This district is intended to provide for locations for various types of local retail trade and businesses primarily serving the surrounding neighborhoods. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. Dimensional Regulations See the Dimensional Standards for Nonresidential District and all applicable regulations in Section 4. Development Standards See the following sections for development regulations. a. See 4.01 Landscape Requirements b. See 4.02 Screening Standards c. See 4.03 Parking Standards d. See 4.04 Lighting Standards e. See 4.05 Supplementary Regulations f. See 4.06 Design Standards

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C, Commercial District Purpose Statement This district is intended to provide for locations for low intensity commercial, storage, and warehousing uses. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. Dimensional Regulations See the Dimensional Standards for Nonresidential District and all applicable regulations in Section 4. Development Standards See the following sections for development regulations. a. See 4.01 Landscape Requirements b. See 4.02 Screening Standards c. See 4.03 Parking Standards d. See 4.04 Lighting Standards e. See 4.05 Supplementary Regulations f. See 4.06 Design Standards

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I, Industrial District Purpose Statement The I, Industrial District is intended for large-scale basic or primary industrial uses that involve extensive processing, manufacturing or assembly of large products or equipment. Because of the nature of the products or character of activities, uses within this district will likely produce greater than average negative visual qualities and external effects involving noise, fumes, noxious odors, glare or other atmospheric influence beyond the boundaries of the property on which the use is located. Therefore, these uses are surrounded with similar industrial uses. It is the intent to reserve large tracts exclusively for industrial activities defined herein. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. Dimensional Regulations See the Dimensional Standards for Nonresidential District and all applicable regulations in Section 4. Development Standards See the following sections for development regulations. a. See 4.01 Landscape Requirements b. See 4.02 Screening Standards c. See 4.03 Parking Standards d. See 4.04 Lighting Standards e. See 4.05 Supplementary Regulations f. See 4.06 Design Standards

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M, Mixed Use District Purpose Statement Mixed Use refers to a development style that creates areas which combine a mix of zoning categories within one defined zoning district. For example, residential, restaurants, retail, office and public uses may be allowed in the same building, same lot, same tract, and/or the same block, developed both vertically and horizontally. Benefits of mixed use developments include: Flexibility of building spaces over time; Revitalizations of commercial districts; Development of multi-family housing at appropriate locations; Efficiency in provisions of public facilities and services; Convenience for residents and workers; Reduction in frequency and distance for vehicle trips; and Environmental protection. This district is intended to permit establishment of integrated residential and nonresidential activities where appropriate and desirable, under conditions that assure an acceptable level of harmony among land uses. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. Dimensional Regulations See the Dimensional Standards for Nonresidential District and all applicable regulations in Section 4. The maximum residential density (i.e., dwelling units per acre) shall be unlimited within the M, Mixed Use District. Development Standards See the following sections for development regulations. a. See 4.01 Landscape Requirements b. See 4.02 Screening Standards c. See 4.03 Parking Standards d. See 4.04 Lighting Standards e. See 4.05 Supplementary Regulations f. See 4.06 Design Standards

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H, Highway Development Purpose Statement This district is designed to encourage quality development along the Interstate Highway 635 and Interstate Highway 20 corridors, which is recognized for its important economic development potential. It is intended as a mixed-use district comprised of retail and commercial uses, with a preference for regional retail shopping centers. Banks, hotels and other Interstate-related commercial services are appropriate within the district. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. Dimensional Regulations See the Dimensional Standards for Nonresidential District and all applicable regulations in Section 4. Development Standards See the following sections for development regulations. a. See 4.01 Landscape Requirements b. See 4.02 Screening Standards c. See 4.03 Parking Standards d. See 4.04 Lighting Standards e. See 4.05 Supplementary Regulations f. See 4.06 Design Standards

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PD, Planned Development District Purpose Statement The purpose of this district is to encourage higher quality development in the City by allowing flexibility in the planning and development of projects. A PD, Planned Development District may be used to permit new or innovative concepts in land utilization or diversification that could not be achieved under conventional zoning approaches. Any combination of residential, commercial, light industrial, public or recreational uses as approved by the City Council may be permitted. General Description and Purpose The PD designation shall be used for the following purpose(s): a. To Master plan a site; b. To carry out specific goals of the Comprehensive Plan, City or public/private partnered projects; c. To develop mixed use development, transit-oriented development, or traditional neighborhoods with a variety of uses and housing types; and d. To preserve natural features, open space, and other topographical features of the land. The PD designation shall not be used for the following purpose(s): a. To obtain zoning variances from existing development standards; b. To secure agreement between an Applicant and nearby property owners to receive zoning approval; and c. To assign responsibility to the City of private deed restrictions or covenants. Base Zoning District A PD shall contain at least one base zoning district to regulate all uses and development regulations not modified by the PD ordinance. If the standards of the base zoning district are amended, then the most recently amended standards shall apply to a PD district unless the standards have been individually listed within the PD adoption ordinance as being different from the base zoning district. For all nonresidential PD Districts that do not have a base zoning district, the base zoning district shall be LR, Local Retail District; For all residential PD Districts that do not have a base zoning district, the base zoning district shall be SF-10, Single-Family Dwelling District. Permitted Uses and Use Regulations See the Use Chart and all applicable regulations. See PD Application and Review. Dimensional Regulations See the Dimensional Standards for Nonresidential District and all regulations in Section 4. See PD Application and Review. Development Standards See PD Application and Review Minimum Land Area Requirement A minimum of three (3) acres is required for all PD, Planned Development Districts.

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Dimensional Standards Table Dimensional Standards for Residential Districts

SF-6, Single-Family SF-8, Single-Family SF-10, Single-Family SF-40, Single-Family 2F, Two-Family Dwelling 2F, Two-Family Dwelling MF-16, Multiple-Family MF-24, Multiple-Family Regulation Dwelling District Dwelling District Dwelling District Dwelling District (Duplex) District (Duplex) District Dwelling District Dwelling District

Lot Dimensions

7,000 SF per duplex or 2 Acres 2 Acres Minimum Lot Area (1) 6,000 SF 8,000 SF 10,000 SF 40,000 SF 2,500 SF 3,500 SF per Dwelling Unit (87,120 SF) (87,120 SF) Minimum Lot Width: 70' per duplex or 50’ 65’ 80’ 135’ 25’ 150’ 150’ Interior Lot 35' per Dwelling Unit 75' per duplex or Corner Lot 55’ 70’ 85’ 135’ 30’ 150’ 150’ 37.5' per Dwelling Unit

Minimum Lot Depth 100’ 120’ 120’ 120’ 110’ 100’ 100’ 100’

Yard Setback Dimensions

Minimum Front Yard Setback (2) 20’ 30’ 30’ 30’ 30’ 20’ 40’ 40’

Minimum Front Yard Setback – If lot is served by a paved alley and no front entry is provided 10’ 10’ 10’ 10’ 10’ 10’ 40’ 40’ or allowed (i.e., no driveway may be in the front yard and access must be from the alley.) Minimum Side Yard Setback: 0’ between attached units/ 0’ between attached units/ 5’ 7.5’ 7.5’ 15’ 40’ 40’ Interior Lot 7.5’ minimum on end units 10’ minimum on end units Corner Lot – Exterior (Street) Yard 10’ 12.5’ 12.5’ 15’ 12.5’ 15’ 40’ 40’

0’ = 1 story structure 0’ = 1 story structure. 0’ = 1 story structure with no alley access 0’ = 1 story structure with no alley access 0’ = 1 story structure with no alley access 0’ = 1 story structure with no alley access 0’ = 1 story structure with no alley access 0’ = 1 story structure with no alley access 20’ = portions of structure that (a) 20’ = portions of structure that (a) Minimum Rear Yard Setback: 5’= any structure (garage, carport) with 5’= any structure (garage, carport) with 5’= any structure (garage, carport) with 5’= any structure (garage, carport) with 5’= any structure (garage, carport) with 5’= any structure (garage, carport) with exceeds one-story and (b) is adjacent to exceeds one-story and (b) is adjacent to alley access alley access alley access alley access alley access alley access any SF or 2F zoning district any SF or 2F zoning district (3) Where an alley adjoins the rear lot line 10’ = 2 story structure 10’ = 2 story structure 10’ = 2 story structure 10’ = 2 story structure 10’ = 2 story structure 10’ = 2 story structure 50’ = any structures over 1 story with 50’ = any structures over 1 story with 20’ = 2.5 story structure 20’ = 2.5 story structure 20’ = 2.5 story structure 20’ = 2.5 story structure 20’ = 2.5 story structure 20’ = 3 story structure windows or doors facing SF or 2F zoning windows or doors facing SF or 2F zoning district district. 0’ = 1 story structure 0’ = 1 story structure. 40’ = portions of structure that (a) 40’ = portions of structure that (a) exceeds one-story and (b) is adjacent to exceeds one-story and (b) is adjacent to 10’ =-1 story structure 10’ =-1 story structure 10’ =-1 story structure 10’ =-1 story structure 10’ =-1 story structure 10’ =-1 story structure Where no alley adjoins the rear lot line any SF or 2F zoning district any SF or 2F zoning district 20’ = 2 story structure 20’ = 2 story structure 20’ = 2 story structure 20’ = 2 story structure 20’ = 2 story structure 20’ = 2 story structure 50’ = any structures over 1 story with 50’ = any structures over 1 story with windows or doors facing SF or 2F zoning windows or doors facing SF or 2F zoning district district Floor Area 650 SF per 1 Bedroom unit. 650 SF per 1 Bedroom unit. Minimum Floor Area None None None None None None 950 SF per 2 Bedroom unit. 950 SF per 2 Bedroom unit. 150 SF per each add’l room. 150 SF per each add’l room. Structure Height

Maximum Height (feet/stories) 40’ / 2.5 Stories 40’ / 2.5 Stories 40’ / 2.5 Stories 40’ / 2.5 Stories 40’ / 2.5 Stories 42’ / 3 Stories 42’ / 3 Stories 42’ / 3 Stories

Building Area Coverage

Maximum Lot Area allowed to be Covered by 50% 50% 60% 65% 85% 65% 60% 60% Buildings (percentage includes all buildings)

12/22/2016 8:08 PM Page 27 Section 2. Zoning Districts City of Balch Springs: Zoning Ordinance

Dimensional Standards for Nonresidential District

PD, Planned Development Regulation O, Office District LR, Local Retail District C, Commercial District I, Industrial District M, Mixed Use District H, Highway Development District

Lot Dimensions

Minimum Lot Area (1) 6,000 SF 8,000 SF 8,000 SF 30,000 None 30,000 SF Minimum Size of a PD = 3 acres

Minimum Lot Width 65’ 65’ 65’ 135’ 100’ 135’ None

Minimum Lot Depth 120’ 120’ 120’ 120’ None 120’ None

Yard Setback Dimensions (2)

5’ = Nonresidential Minimum Front Yard Setback (2) 30’ 20’ 15’ 15’ 25’ None 5’ = Residential

0’ = When not adjacent to 0’ = When not adjacent to 5’ = When not adjacent to 10’ = When not adjacent to 0’ = When not adjacent to 0’ = When not adjacent to Minimum Side Yard Setback (2) residential district residential district residential district residential district residential district residential district None Interior Lot 15’ = When adjacent to residential 15’ = When adjacent to residential 25’ = When adjacent to residential 35’ = When adjacent to residential 5’ = When adjacent to residential 5’ = When adjacent to residential district district district district district district None

Minimum Rear Yard Setback (2) 35’ 35’ 5’ 35’ 35’ 35’ None Corner Lot

Structure Height

Maximum Height (feet/stories) 35’ / 2.5 Stories 35’ / 2.5 Stories 35’ / 2.5 Stories 70’ / 5 Stories 70’ / 5 Stories 70’ / 5 Stories N/A

Building Area Coverage

Maximum Building Area Coverage (all buildings) 60% 60% None 50% 65% None N/A

Page 28 12/22/2016 8:08 PM City of Balch Springs: Zoning Ordinance Section 3. Zoning Land Use Regulations

Zoning Land Use Regulations Uses Permitted by District Land and buildings in each of the zoning districts may be used for any of the specified uses in Section 3.03 Use Chart. No land shall be used and no building or structure shall be erected, altered, or converted for any use other than those specified as a permitted use in the district in which the property is located.

Legend for Use Chart

P Use is permitted in district indicated

Use is prohibited in district indicated

S Use is permitted in district upon approval of a Specific Use Permit (SUP)

Use is permitted in the district indicated if the use complies with conditional development P-# standards or limitations in the corresponding numeric end note in Conditional Development Standards.

Use is permitted in the district indicated by Specific Use Permit (SUP) if the use complies with S-# conditional development standards or limitations in the corresponding numeric end note in Conditional Development Standards.

Classification of New and Unlisted Uses Existence of New and Unlisted Uses Any use not listed in the Use Chart is prohibited. Planning Director Interpretation of a New and Unlisted Use If the Planning Director is unable to classify the use under one of the existing listed uses, then the Planning Director shall initiate a Zoning Text Amendment pursuant to procedures set forth in Zoning Text and Map Amendments.

Use Chart The use of land or buildings shall be in accordance with those listed in the following Use Chart. No land or building shall hereafter be used and no building or structure shall be erected, altered, or converted other than for those uses permitted in the zoning district in which the property is located, as shown in the Use Chart.

12/22/2016 8:08 PM Page 29 Section 3. Zoning Land Use Regulations City of Balch Springs: Zoning Ordinance

Legend for Use Chart

P Permitted in district indicated

Prohibited in district indicated

y Dwelling yDwelling

Family Family Family

- -

S Permitted in district upon approval of a Specific Use Permit (SUP) evelopment

Family Family Family

rict

- -

Famil Dwelling Family

Development - Permitted if compliant with the corresponding numeric end note in -

P-# Family Dwelling Dwelling Family

Conditional Development Standards -

, Multiple ,

, Single , Single ,

, Single ,

16, Multiple 16, 2

- -

6, Single 6, 8 10 40 Office District Office

Permitted by Specific Use Permit (SUP) if compliant with the Highway

- - - - Industrial District Industrial

S-# ,

District SF District SF District Dwelling SF District Dwelling Two 2F, District (Duplex) (Attached) Townhouse TH, District Dwelling MF Dist Dwelling MF District Dwelling O, District Retail Local LR, District Commercial C, I, District Use M,Mixed H D Planned PD, District corresponding numeric end note in Conditional Development Standards. SF

Residential Uses Assisted Living/Nursing Home P P P 15 Community Group Home S S S S S S P P P 15 Dwelling, Single-Family (Detached) P P P P 15 Dwelling, Single-Family (Attached – Duplex) P P 15 Dwelling, Single-Family (Attached – Townhouse) P P S 15 Dwelling, Multi-Family P P P S 15 Guest House/Servants’ Quarters P-2 P-2 P-2 P-2 15 Industrialized Housing P-3 P-3 P-3 P-3 P-3 S-3 15 Retirement Housing P P P P P S 15 Studio Residence P S 15 Nonresidential Uses Adult Day-Care Services P P S 15 Agricultural Use P-4 15 Ambulance Service P P 15 Amusement Center S P P P 15 Amusement, Commercial (Indoors) S P P P P 15 Amusement, Commercial (Outdoors) P-5 P-5 P-5 15 Antique Shop P P P P 15 Art Gallery or Museum P P P P 15 Automobile Body Shop P P S S 15 Automobile or Other Motorized Vehicle Sales and Service P-6 P-6 P-6 15 Automobile Parts Store (New Only) P P P P P 15 Automobile Service Garage (Major) P P S 15

Page 30 12/22/2016 8:08 PM City of Balch Springs: Zoning Ordinance Section 3. Zoning Land Use Regulations

Legend for Use Chart

P Permitted in district indicated

Prohibited in district indicated

y Dwelling yDwelling

Family Family Family

- -

S Permitted in district upon approval of a Specific Use Permit (SUP) evelopment

Family Family Family

rict

- -

Famil Dwelling Family

Development - Permitted if compliant with the corresponding numeric end note in -

P-# Family Dwelling Dwelling Family

Conditional Development Standards -

, Multiple ,

, Single , Single ,

, Single ,

16, Multiple 16, 2

- -

6, Single 6, 8 10 40 Office District Office

Permitted by Specific Use Permit (SUP) if compliant with the Highway

- - - - Industrial District Industrial

S-# ,

Automobile Service Garage (Minor) S P P S 15 Bakery (Retail Sales Only) P P P P P 15 Bank or Financial Institution P P P P P 15 Banquet Hall S-1 P-1 P-1 P-1 P-1 15 Barber or Beauty Shop P P P P 15 Bed and Breakfast Inn S P p p 15 Beverage (Package) Store S P S S 15 Book Store P P P P 15 Bowling Alley S P S S 15 Car (Auto) Title Loan Business S P P S S 15 Car Wash, Full Service P P S P 15 Car Wash, Self Service P P S P 15 Carpentry Shop P P 15 Caterer or Wedding Service P P P P 15 Cement Storage S S S S S 15 Ceramic and Pottery Manufacturer S P S 15 Check Cashing Business S S P 15 Child Care Home (≤6 Children) P P P P P P P P 15 Child-Care Home (≥7 Children) P P P P P P P P 15 Child-Care Facility (Children’s Home) P P P P P P P P 15 Child Care Facility (Daycare) P P S S P P 15 Convenience Store S S 15 Country Club S S S S S S S S P P S S 15 Dance, Music, or Drama Studio P P P P P 15 Donation or Recycling Collection Point P P P P P P 15

12/22/2016 8:08 PM Page 31 Section 3. Zoning Land Use Regulations City of Balch Springs: Zoning Ordinance

Legend for Use Chart

P Permitted in district indicated

Prohibited in district indicated

y Dwelling yDwelling

Family Family Family

- -

S Permitted in district upon approval of a Specific Use Permit (SUP) evelopment

Family Family Family

rict

- -

Famil Dwelling Family

Development - Permitted if compliant with the corresponding numeric end note in -

P-# Family Dwelling Dwelling Family

Conditional Development Standards -

, Multiple ,

, Single , Single ,

, Single ,

16, Multiple 16, 2

- -

6, Single 6, 8 10 40 Office District Office

Permitted by Specific Use Permit (SUP) if compliant with the Highway

- - - - Industrial District Industrial

S-# ,

Educational Services Office P P P P P 15 Electrical Power Substations P P P P P P P P P P P P P P 15 Florist P P P P 15 Exterminating Company P P 15 Farmer’s Market S P S S 15 Feed Store P P P P P 15 Equipment Repair Shop S P P S S 15 Furniture Repair and Upholstering Shop P P 15 Gasoline or Diesel Passenger Vehicle Filling or Service Station S-7 P-7 P-7 S-7 P-7 15 Gasoline or Diesel Truck Filling or Service Station S S S Golf Course P P P P P P P P P P P P P P 15 Grocery Store P P P P 15 Gym or Health/Fitness Center S P P P P P 15 Halfway House S S S S 15 Heliport or Helistop S-8 S-8 S-8 S-8 S-8 15 Home-Based Business P-9 P-9 P-9 P-9 P-9 P-9 P-9 P-9 P 15 Hospital, Acute Care P P P P P P 15 Hospital, Chronic Care P P P P P P 15 Hotel P S P 15 Hotel, Resident Extended Stay S-13 S-13 S-13 S-13 Institution for the Care of Alcoholic, Psychiatric or Narcotic Patients P P S S 15 Jewelry Manufacturing or Assembly P P 15 Kennel S P P S S 15 Laundry, Commercial P P S 15 Laundry, Dry Cleaning Drop-Off/Pick-Up P P P P 15

Page 32 12/22/2016 8:08 PM City of Balch Springs: Zoning Ordinance Section 3. Zoning Land Use Regulations

Legend for Use Chart

P Permitted in district indicated

Prohibited in district indicated

y Dwelling yDwelling

Family Family Family

- -

S Permitted in district upon approval of a Specific Use Permit (SUP) evelopment

Family Family Family

rict

- -

Famil Dwelling Family

Development - Permitted if compliant with the corresponding numeric end note in -

P-# Family Dwelling Dwelling Family

Conditional Development Standards -

, Multiple ,

, Single , Single ,

, Single ,

16, Multiple 16, 2

- -

6, Single 6, 8 10 40 Office District Office

Permitted by Specific Use Permit (SUP) if compliant with the Highway

- - - - Industrial District Industrial

S-# ,

Laundry, Self-Service P P P 15 Leather Product and Saddle Manufacturing P P S P 15 Library P P P P P 15 (Light) Assembly and Manufacturing Processes P P S 15 Liquor (Adult/Alcoholic Beverage) Store P P 15 Manufacturing or Industrial Operations S P 15 Meat Market S P P S 15 Medical Clinic P P P P P 15 Money Transfer Business S p S S 15 Motel S P S 15 Movie Theatre P P P P 15 Nursery, Retail Sales Only P P P P 15 Newspaper Printing P P 15 Office, Professional, Medical, or Business P P P P 15 Outside Display P-10 P-10 S-10 15 Outside Storage P-11 P-11 P-11 P-11 P-11 15 Park, Playground, or Community Center, Public P P P P P P P P P P P P P P 15 Pawn Shop S P P S S 15 Payday Advance or Loan Business S P S S 15 Pet Store P P S P 15 Photographer’s or Artist’s Studio/Film Processing P P P 15 Plastic Products Manufacturing S P 15 Play Field or Stadium, Public P P P P P P P P P P P P P P 15 Plumbing/Electrical/Air Conditioning Store (Retail Sales Only) P P P P 15 Police or Fire Station P P P P P P P P P P P P P P 15

12/22/2016 8:08 PM Page 33 Section 3. Zoning Land Use Regulations City of Balch Springs: Zoning Ordinance

Legend for Use Chart

P Permitted in district indicated

Prohibited in district indicated

y Dwelling yDwelling

Family Family Family

- -

S Permitted in district upon approval of a Specific Use Permit (SUP) evelopment

Family Family Family

rict

- -

Famil Dwelling Family

Development - Permitted if compliant with the corresponding numeric end note in -

P-# Family Dwelling Dwelling Family

Conditional Development Standards -

, Multiple ,

, Single , Single ,

, Single ,

16, Multiple 16, 2

- -

6, Single 6, 8 10 40 Office District Office

Permitted by Specific Use Permit (SUP) if compliant with the Highway

- - - - Industrial District Industrial

S-# ,

Printing/Duplication Shop or Mailing Center S P P P S 15 Public Use or Building P P P P P P P P P P P P P P 15 Radio or TV Station P P P P P 15 Railway right-of-way and Tracks and Passenger Stations S S S S S S S S S S S S S S 15 Recycling Center S S S S S S 15 Recycling Facility S S S S S S 15 Religious Use P P P P P P P P P P P P P P 15 Research or Scientific Laboratory S P P S S 15 Restaurant or Cafeteria, with Drive-Up Window or Curb Service P P P P P 15 Restaurant or Cafeteria, without Drive-Up Window or Curb Service S P P P P P 15 Retail Stores and Shops P P P P 15 RV Park S S S S S S S S S S P P S S 15 School, Career) P-12 P-12 P-12 P-12 P-12 P-12 15 School, College or University (Private) P-12 P-12 P-12 P-12 P-12 P-12 15 School, College or University (Public) P-12 P-12 P-12 P-12 P-12 P-12 15 Seamstress or Tailor Shop P P P P 15 Sexually Oriented Business P 15 Shoe Repair Shop P P P P P 15 Self-Storage (Mini Warehouse Facilities) P P P P 15 Storage Units, Mini P P 15 Self-storage, Security and Mini-warehouse P P P P 15 Tattoo Studio S S 15 Taxi Garage or Dispatch P P 15 Telephone Exchange (No Offices or Storage Facilities) P P P P P P P P P P P P P P 15 Temporary Building for New Construction S S S S S S S S S S S S S S 15

Page 34 12/22/2016 8:08 PM City of Balch Springs: Zoning Ordinance Section 3. Zoning Land Use Regulations

Legend for Use Chart

P Permitted in district indicated

Prohibited in district indicated

y Dwelling yDwelling

Family Family Family

- -

S Permitted in district upon approval of a Specific Use Permit (SUP) evelopment

Family Family Family

rict

- -

Famil Dwelling Family

Development - Permitted if compliant with the corresponding numeric end note in -

P-# Family Dwelling Dwelling Family

Conditional Development Standards -

, Multiple ,

, Single , Single ,

, Single ,

16, Multiple 16, 2

- -

6, Single 6, 8 10 40 Office District Office

Permitted by Specific Use Permit (SUP) if compliant with the Highway

- - - - Industrial District Industrial

S-# ,

Temporary Storage Unit/Container P-14 P-14 P-14 P-14 P-14 P-14 P-14 P-14 P-14 15 Textile Manufacturing, with dust and odor control S P 15 Thrift Store S S S 15 Tobacco Store S S P 15 Tower: Wind S S S S S S S S S S S S S S 15 Truck Terminal S P 15 Used Car Lot S P 15 Vehicle Storage Facility S P 15 Water Storage P P P P P P P P P P P P P P 15 Water Treatment Facility P P P P P P P P P P P P P P 15 Warehouse P P 15 Weight Loss Center P P P P P 15 Wholesale Center P P S S 15 Wireless Communication System S S S S S S S S S S S S S S 15 Woodworking and Planing Mill P P 15

12/22/2016 8:08 PM Page 35 Section 3. Zoning Land Use Regulations City of Balch Springs: Zoning Ordinance

Conditional Development Standards The following conditional development standards shall apply: Banquet Hall Standards a. A Specific Use Permit (SUP) may be required according to the permitted Use Chart. b. A Banquet Hall shall be subject to the following conditions: i. Shall apply adequate buffering techniques to protect the adjacent properties. ii. Shall submit documentation regarding the provision of security guards or law enforcement officers during all events. iii. The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys shall be subject to inspection on a regular basis for purposes of security enforcement and removing litter. iv. Shall have frontage on and access to a thoroughfare with an existing or planned right-of- way of at least 100 feet. Guest House/Servants’ Quarters Standards See 3.07 Accessory Buildings and Uses for standards. Industrialized Housing Standards a. A Specific Use Permit (SUP) may be required according to the permitted Use Chart. b. Industrialized Housing shall be permitted within all single-family Residential Zoning Districts, see Table 1: Zoning Districts for a list of districts. c. Industrialized Housing Requirements: i. Industrialized Housing shall meet or exceed all building code requirements that apply to other dwelling units concerning on-site construction. ii. Industrialized Housing shall conform to all applicable zoning standards for the respective zoning district. iii. Industrialized Housing shall be placed on an approved platted lot. iv. Single-family and duplex Industrialized Housing shall: (a) Have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the Industrialized Housing is proposed to be located, as determined by the most recent county certified tax appraisal roll; (b) Have exterior siding, roofing, roofing pitch, foundation fascia, and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the Industrialized Housing is proposed to be located; (c) Comply with municipal aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to single-family dwellings; and (d) Be securely affixed to an approved permanent foundation. v. For purposes of subsection 3.04.A. 3.c.iv above “value” means the combined taxable value of the industrialized housing and the lot after installation of the housing. Agricultural Use Standards for Select Zoning Districts Commercial farm, ranch, stable, garden, orchard or plant nursery, on a tract of five acres or more

Page 36 12/22/2016 8:08 PM City of Balch Springs: Zoning Ordinance Section 3. Zoning Land Use Regulations

(unless permitted on a smaller tract by approval of a Specific Use Permit (SUP) area permitted provided no retail sales are conducted from the premises. Amusement, Commercial (Outdoors) Standards a. All exterior light sources shall be of a down-light type, indirect, diffused, or shielded type luminaries and so installed as to reduce glare effect and consequent interference with use of adjacent properties and boundary streets. b. No intermittent or flashing lights shall be permitted. c. Luminaries shall be mounted at a height not to exceed thirty (30) feet as measured vertically from the horizontal surface of the nearest parking pavement. d. No exterior auditory devices shall be permitted. Automobile or Other Motorized Vehicle Sales and Service Standards a. All exterior light sources shall be of a down-light type, indirect, diffused, or shielded type luminaries and so installed as to reduce glare effect and consequent interference with use of adjacent properties and boundary streets. b. No intermittent or flashing lights shall be permitted. c. Luminaries shall be mounted at a height not to exceed thirty (30) feet as measured vertically from the horizontal surface of the nearest parking pavement. d. All building façades shall be constructed with the same masonry materials that meet the masonry regulations for the zoning district in which the property is located. e. No exterior auditory devices shall be permitted. Gasoline or Diesel Passenger Vehicle Filling or Service Station Standards a. A Specific Use Permit (SUP) may be required according to the permitted Use Chart b. Gasoline pumps, pump islands, canopies, or car washes, where adjacent to property zoned as single-family residential uses shall maintain a minimum setback of at least one hundred twenty-five feet (125’). c. The hours of any car wash operation may be limited when located adjacent to property zoned for single-family residential uses. d. No exterior illumination (either direct or indirect) shall cross a residential property line nor be a nuisance to traffic. e. No outside/outdoor vending machines, such as soda, video rental, or newspaper vending machines, are permitted. Heliport or Helistop Standards a. Allowed by Specific Use Permit (SUP), according to the permitted Use Chart. b. No heliport or helistop shall be located within 1,000 feet of any church, school, hospital, library, public park or within 1,000 feet of any dwelling unless: i. Noise attenuation methods are implemented to achieve noise levels no greater than if the heliport or helistop were located 1,000 feet from any such property in an unprotected state; ii. The Federal Aviation Administration has approved approach and departure paths for the proposed heliport or helistop which require all departures to be made at an angle of more than 90 degrees from any boundary or any such property which is less than 1,000 feet from the proposed heliport or helistop; and

12/22/2016 8:08 PM Page 37 Section 3. Zoning Land Use Regulations City of Balch Springs: Zoning Ordinance

iii. No substantial adverse impact exists on residence or businesses within the 1,000 feet requirement. Home-Based Business Standards A Home-Based Business shall meet the following requirements: a. No persons other than members of the family residing on the premises shall be engaged in such business; b. The use of the dwelling unit for the home-based business shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 500 square feet or ten percent (10%) of the square footage of the dwelling area or Accessory Building, whichever is greater, shall be used in the conduct of the home-based business; c. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home-based business; d. No sign advertising a home-based business shall be placed on property where a home-based business is conducted; e. Any sales in connection with such home-based business shall be clearly secondary to occupancy. Merchandise shall not be offered or displayed for sale on the premises. Sales incidental to a service shall be allowed; and orders previously made by telephone or at a sales party may be filled on the premises; f. No traffic shall be generated by a home-based business in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of a home-based business shall be met off the street and other than in a required front yard; g. No equipment, process or work shall be used or conducted in such home-based business that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment, process or work shall be used or conducted which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises; h. The operation of beauty culture schools, beauty parlors, barber shops, vehicle repair, lawn mower or other small or large engine repair, and any boarding house/rooming house shall not be permitted as a home-based business or as an accessory use; and i. No Outside Storage or Outside Display of any type shall be permitted with any home-based business. Outside Display Standards a. A Specific Use Permit (SUP) may be required according to the permitted Use Chart b. Outside Display areas shall not be placed or located more than thirty feet (30') from the main building and shall not exceed fifty (50) percent of the linear frontage of the building. c. Outside Display areas shall be permitted year round. d. Outside Display areas shall not occupy any of the parking spaces that are required by this Zoning Ordinance for the primary use(s) of the property, except on a temporary basis only, which is a maximum of 45 days per display and a maximum of two (2) displays per calendar year. e. Outside Display areas shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way. f. Outside Display areas shall not extend into public Right-of-Way or onto adjacent property.

Page 38 12/22/2016 8:08 PM City of Balch Springs: Zoning Ordinance Section 3. Zoning Land Use Regulations

g. Outside Display items shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner. h. Outside Display is permitted only as an Accessory Use and is not a permitted Principal Use. Outside Storage Standards a. Outside Storage shall not be located in the front yard. b. Outside Storage screening shall be required only for those areas surrounding Outside Storage. c. A six foot (6') screening fence or wall shall be provided and maintained either surrounding the Outside Storage or at the property line or street adjacent to the area to be screened by one or a combination of the following methods: i. Solid masonry consisting of rock, stone, or other material that is visually and qualitatively equivalent; ii. Wrought iron in conjunction with solid landscape screening; iii. Wood or wood vinyl in conjunction with solid landscape screening; and, iv. An equivalent alternative screening method approved by the Building Official. d. Outside Storage of materials, commodities, or equipment shall be screened with a minimum six foot (6') screening fence or wall, and shall not be visible from the street or from adjacent property. e. No Outside Storage may exceed the height of the screening wall or fence. School, Career, School, College or University (Private), and School, College or University (Public) Standards a. A public or private school shall be subject to the following conditions: i. The school tract shall be a minimum of two acres in area. ii. The school building or buildings shall conform to the current building code requirements for an educational use. iii. The school shall have enrolled at all times a minimum of 100 students. iv. The school shall be accredited by the state to provide academic instruction for any of grades, kindergarten through 12. Hotel, Resident Extended Stay Standards a. A Hotel, Resident Extended Stay shall be subject to the following: i. Shall provide staff on-site 24 hours a day ii. Shall provide at least three amenities from the list below: (a) Indoor/outdoor pool of at least 800 square feet of surface area and a depth of no more than five feet (b) Spa/sauna (c) Weight room/fitness center (d) Playground (e) Sports court (f) Plaza/atrium (g) Game Room (h) Jogging Trail

12/22/2016 8:08 PM Page 39 Section 3. Zoning Land Use Regulations City of Balch Springs: Zoning Ordinance

(i) Conference Room (j) Full-service restaurant iii. Shall have a setback of a minimum of 100 feet from the boundary of any residential district. iv. A minimum of 50 percent of the room units shall contain kitchen facilities. v. There shall be a minimum of 50 guest room units. Temporary Storage Unit/Container Standards A Temporary Storage Unit/Container shall meet the following requirements: a. Units shall not be placed in the right-of-way. b. Shall obtain approval from the Planning Director. c. Shall not be located within five (5) feet of the property line. d. Shall not be placed in the front yard, except for the driveway. e. Property shall not have Temporary Storage Unit/Container for more than thirty (30) business days in a calender year. PD, Planned Development District Standards Permitted uses shall be determined through Section 2.17 PD, Planned Development District and Section 7.09 PD Application and Review.

Page 40 12/22/2016 8:08 PM City of Balch Springs: Zoning Ordinance Section 3. Zoning Land Use Regulations

Regulations of Specific Uses Location and Arrangement of Residential Buildings on Lots for Single-Family or Duplex Uses a. Only one (1) main building for single-family or duplex use may be located upon a lot. b. Every dwelling shall face or front upon a public street or approved access easement, other than an alley. Location and Arrangement of Buildings on Lots for Multi-Family, Retail, Commercial, or Industrial Uses a. Where a lot is used for multi-family, retail, commercial, or industrial purposes, more than one (1) main building may be located upon the lot, but only when such additional main buildings conform to all the open space, parking and density requirements applicable to the uses and districts. i. All main buildings shall face upon a public street or approved access easement other than an alley. b. No parking area, storage area, or required open space for one building shall be computed as being the open space yard or area requirements for any other building or other use. c. On lots zoned and used for multi-family use, the minimum separation distance between any two buildings shall be thirty feet (30’). Uses with Flammable, Toxic, and Hazardous Materials a. The storage, manufacture, utilization, or dispensing of substances that may constitute or may cause danger to public health, safety, or welfare shall be conducted only within the limits and conditions specified in the latest edition of both the International Fire Code and International Building Code. b. The emission of toxic or explosive vapors, dusts, or aerosols into the atmosphere shall not exceed, at the facility property line, fifty (50) percent of the limit of such as is given in “Threshold Limit Values” as adopted at the most recent International Fire Code and International Building Code. c. No form of flammable, toxic, or other hazardous material shall be released into or upon any utility line, pit, dump, open ground, stream, or drainage way. d. The container size, location, design, and construction of any storage tank, building, or facility for any flammable, toxic, or other hazardous material shall be approved by the fire marshal and the City Manager as a part of the Building Permit application and shall be based upon the requirements of the International Fire Code and International Building Code.

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Nonconformities Intent of Provisions Existence of Nonconformities a. A nonconformity describes a use, structure, or lot that does not conform to the current standards of the Zoning Ordinance, but that was in conformance with the standards in place at the time of its inception, and have been rendered nonconforming due to a change in the applicable standards and regulations. b. The City Council has determined that it is in the best interest of the City for Nonconformities to be brought into conformance with the Zoning Ordinance within six (6) months of the approved date of the new ordinance. Any Nonconforming Uses that are not brought into compliance within six (6) months, the City Council may initiate the Amortization of Nonconforming Uses process as outlined in Section 7.11. c. The purpose of this Section Nonconformities is to establish provisions for the allowance and potential alteration of uses, structures and lots that do not conform to currently applicable zoning standards or regulations. d. Nonconformities occur in three (3) general categories, or combination thereof. i. Nonconforming Uses A nonconforming use can occur when an existing use is no longer allowed in a zoning district. ii. Nonconforming Structures A nonconforming structure can have a lesser setback, yard, or height lot area or dimension requirement than required by the Zoning Ordinance. iii. Nonconforming Lots A nonconforming lot can be nonconforming as to lot area or dimension requirement. e. It is the declared intent of this section that Nonconforming Uses and Nonconforming Structures eventually be eliminated and be required to comply with the regulations of the Zoning Ordinance, having due regard for the property rights of the person affected, the public welfare, and the character of the surrounding area. Incompatible Uses Nonconformities are hereby declared incompatible with the permitted uses in the districts involved. Establishment of Legal or Illegal Nonconformities Legal Nonconformities a. Those uses, structures, or lots which in whole or part do not conform to current zoning standards, but were legally established prior to the effective date of this Zoning Ordinance, at which time they were in conformance with applicable standards shall be considered “Legal Nonconformities.” b. Such uses, structures, or lots may be maintained or potentially altered subject to the provisions of this Section Nonconformities. Illegal Nonconformities a. Those uses, structures, or lots, other than residential accessory buildings, which in whole or part are not in conformance with current zoning standards and were not in conformance with

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applicable standards at the time of their inception shall be considered “Illegal Nonconformities.” b. Such uses, structures, or lots and shall be subject to penalties. Single-Family Residential Uses Previously conforming single-family residential uses on platted lots approved prior to the Zoning Ordinance effective date, which may now be nonconforming due to stricter standards, shall be deemed in conformance with this Zoning Ordinance. Existing Platted Lots Are Conforming Lots Any existing vacant lot platted prior to the Zoning Ordinance effective date that was legally conforming shall be deemed a conforming lot. Changing Uses Nonconforming Use to Conforming Use Any nonconforming use may be changed to a conforming use, and once a change is made, the use shall not be changed back to a nonconforming use. Nonconforming Use to Another Nonconforming Use A nonconforming use shall not be changed to another nonconforming use. Conforming Use in a Nonconforming Structure Where a conforming use is located in a Nonconforming Structure, the use may be changed to another conforming use by the process outlined in 3.06.F. Expansion of Nonconforming Uses and Structures. Expansion of Nonconforming Uses and Structures An expansion of a Nonconforming Use or Nonconforming Structure is allowed in accordance with the following. Prohibited Expansion or Reoccupation A Nonconforming Use or Nonconforming Structure shall not be expanded, reoccupied with another Nonconforming Use, or increased as of the effective date of this Zoning Ordinance, except as provided in 3.06.F. Expansion of Nonconforming Uses and Structures. Nonconforming Use Expansion in Existing Building A Nonconforming Use may be enlarged, increased, or extended within an existing building provided: a. No structural alteration may be made on or in the existing building except those required by law to preserve the building in a structurally sound condition. b. Work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding fifty percent (50%) of the current replacement value of the building. c. The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing at the time the use became a nonconforming use. Nonconforming Use Prohibited from Expansion beyond Existing Building A Nonconforming Use located within any building shall not be extended to occupy any land outside the building.

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Residential Lot Exemption The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts except that a lot having less area than required by the Zoning Ordinance that was an official Lot of Record prior to the effective date may be used for a single-family dwelling. Expansion of Nonconforming Structures with Conforming Uses Buildings or structures that do not conform to the area regulations or development standards in the Zoning Ordinance but where the uses are deemed conforming may only increase or expand the nonconforming structure in compliance with the current Zoning Ordinance Standards. In no case, shall a nonconforming structure increase the amount of nonconformity. Reuse of Nonconforming Structure by Conforming Uses Allowed a. Nonconforming Structures that have been abandoned and do not meet the current area regulations or development standards shall be allowed to be re-occupied by a conforming use. b. If re-occupied by a conforming use, then the new conforming use shall meet the applicable parking (Section 4.03 Parking Standards), and fire lane requirements for health, safety, and welfare reasons. Restoration of Nonconforming Structures Total or Partial Destruction a. If a Nonconforming Structure is destroyed by fire, the elements, or natural catastrophic event, it may be rebuilt as a Nonconforming Structure to its pre-destroyed dimensions and setbacks. i. The construction must comply with all current building codes, and zoning regulations in effect at the time the structure received its building permit. ii. The construction must commence within 12 months of the date of destruction. iii. The failure of the owner to start such reconstruction within 12 months shall forfeit the owner’s right to restore or reconstruct the Nonconforming Structure, except in conformance with the Zoning Ordinance. iv. If the regulations cannot be determined or if the regulations are disputed for the time the structure received its building permit, then the Board of Adjustment shall hold a hearing and shall take evidence, such as previously adopted ordinances, photographs, and tax records, to determine the standards that apply. v. Any change to a dimension or a setback of the Nonconforming Structure shall be approved by a Zoning Variance. b. If the owner of a Nonconforming Structure has a Nonconforming Use and fails to begin reconstruction of the destroyed structure within 12 months of the date of destruction, then the Nonconforming Structure and Nonconforming Use shall be deemed to be discontinued or abandoned. Movement of Nonconforming Structure A Nonconforming Structure may be relocated within the same platted lot, and shall comply with all setback and screening requirements. Completion of Structures Nothing in the Zoning Ordinance shall require any change in the plans, construction, or designated use of the following: Approved Building Permit A building or structure for which a Building Permit has been issued or a Site Plan approved prior

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to the effective date, provided that the permit or Site Plan shall expire in accordance with the time periods set forth in this Zoning Ordinance. Building in the Approval Process A building or structure for which a complete Application for a Building Permit was accepted by the Planning Director on or before the effective date, provided however, that such Building Permit shall comply with all applicable ordinances in effect on the date such application was filed. Abandonment of Nonconforming Uses Once a Nonconforming Use has been abandoned, the Nonconforming Use shall not be allowed to be reintroduced within the applicable zoning district. This prohibition of the reoccupation or reintroduction of an abandoned Nonconforming Use shall be enforced by the denial of building permit or certificate of occupancy applications. A Nonconforming Use shall be considered abandoned and surrendered, forfeited, and lost when evidence presented to the Planning Director indicates that a structure designed or arranged for a Nonconforming Use has ceased to be used in a bona fide manner as a Nonconforming Use for a period of six (6) consecutive calendar months. For purposes of calculating the six (6) month period, a use is abandoned upon the occurrence of the first of any of the following events: a. On the date when the use of land is physically vacated; b. On the date the use ceases to be actively involved in the sale of merchandise or the provision of services; c. On the date of termination of any lease or contract under which the nonconforming use has occupied the land; or d. On the date a final reading of water or power meters is made by the applicable utility provider(s). A Nonconforming Use, when abandoned, shall not be resumed and any further use shall be in conformity with the provisions of this Zoning Ordinance. Any Nonconforming Use that does not involve a permanent type of structure or operation and that is moved from the premises shall be considered to have been abandoned. Abandonment of a Nonconforming Use requires intent. Any Nonconforming Use that does not involve a permanent type of structure or operation and that is moved from the premises shall be considered to have been abandoned. Unless the nonconforming use status is reinstated pursuant to 3.06.K. Loss of and Reinstatement of Nonconforming Use Status , an abandoned use shall not be instituted on that parcel or other parcel in any district which does not permit the abandoned use. Loss of and Reinstatement of Nonconforming Use Status Loss of Nonconforming Use Status If the Planning Director determines that a Nonconforming Use has met the definition of abandonment and has lost its nonconforming use status, the use shall not be instituted on that parcel or other parcel in any district that does not permit the discontinued use. Application for Nonconforming Use Status Reinstatement a. The owner or operator of the abandoned Nonconforming Use may submit a written application to the Board of Adjustment to have the nonconforming rights reinstated. b. Written application for reinstatement of nonconforming rights must be made within thirty (30) days after the denial of building permit or certificate of occupancy application for the Nonconforming Use.

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Board of Adjustment Hearing a. The Board of Adjustment shall hold a hearing on the requested reinstatement of a Nonconforming Use status within 30 calendar days of the request or the next scheduled Board of Adjustment, whichever is greater. b. The applicant and the Planning Director shall submit any evidence or findings to the Board of Adjustment for consideration in the case. c. The Board of Adjustment shall use the above abandonment criteria in deliberating the case. Board of Adjustment Decision The Board of Adjustment may reinstate the Nonconforming Use status and thus allow the building permit or certificate of occupancy application to be processed only if the Board of Adjustment finds that the use was not discontinued for six (6) months or more. The failure of the owner or operator to remove on premise signs shall not be considered (on its own) evidence of a continuing use. Nonconforming Use Created by Acquisition of Right-of-Way Lawful Conforming Structure Where a lot, tract, or parcel is occupied by a lawful structure, and where the acquisition of Right- of-Way by eminent domain proceedings, dedication, or purchase by the City, the county, the state, or a federal agency creates a Nonconforming Structure, lot, or setback, the structure shall be deemed a lawful conforming structure, to the extent the nonconformity results from the acquisition of the Right-of-Way. In the event the structure is partially or totally destroyed by natural causes, the structure may be rebuilt. Cases in which the Owner Receives Compensation for Screening or Landscaping In the event the owner of an interest in real property receives compensation for screening or landscaping in the form of curative measures or damages to the remainder in a Right-of-Way acquisition, the owner shall relocate required fencing or landscaping originally located on the acquired property to the remainder of the tract as closely as practicable to the required setback. Cases in which the Owner Receives Compensation for Demolition A Certificate of Occupancy and Compliance shall not be issued for any structure for which compensation has been paid for the demolition of the structure or for other curative measures until such time that the structure meets all applicable ordinances or the curative measures for which the compensation was paid have been completed. For purposes of this section, “curative measures” are those actions, corrections, repairs or improvements identified in an appraisal or similar valuation analysis prepared in the context of considering damages to the remainder suffered as a result of the acquisition of a portion of property.

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Accessory Buildings and Uses Residential Accessory Buildings and Uses The following regulations apply to Accessory Buildings servicing lots zoned for residential uses.

Table 3: Residential Accessory Building Requirements

Lots up to 10,000 Lots 10,000 S.F. up to Lots 22,000 S.F. and Standard S.F. 21,999 S.F. greater

Maximum Square Footage of All Accessory Buildings 400 S.F. 1,000 S.F. 20% of the rear yard (Combined Area)

Buildings 121 S.F. – Buildings 121 S.F. – 399 Buildings 121 S.F. – 399 S.F. Maximum Height of Accessory 399 S.F. = 12’; S.F. = 12’; = 12’; Buildings Buildings 400 S.F. or Buildings 400 S.F. or Buildings 400 S.F. or greater greater = 16’ greater = 16’ = 16’

Maximum Number of 2 2 3 Accessory Buildings

Maximum Allowed Building Main and accessory buildings shall not exceed the allowable coverage percentage of Area Coverage the zoning district in which they are located.

Minimum Front Setback 25’* 25’* 25’*

Minimum Side and Rear 7.5’ 7.5’ 7.5’ Setback

Minimum Setbacks for Corner 10’* 15’* 15’* Lots

Prohibited Locations Accessory Buildings in Easements are prohibited

Barns and other Types Accessory Buildings containing livestock (e.g., chickens, hogs, horses, etc.) shall Livestock Housing be located at least seventy-five (75) feet from any existing dwelling.

* No Accessory Building shall be placed so as to protrude in front of the main building.

Accessory Buildings and uses incidental to other permitted uses are permitted within residential zoning districts and include private garages, carports, tool house, lath or greenhouse as hobby (no business), home workshop, children's playhouse, private stables (no rental), barns, or coops (no rental); private swimming pool and garden shelter. The following regulations apply to Guest House/Servants’ Quarters operating as Accessory Buildings or as a use attached to the main building. a. A Guest House/Servants’ Quarters shall not be less than six hundred (600) square feet when built over a garage, nor less than seven hundred fifty (750) square feet when free-standing, and shall not contain more than one thousand (1,000) square feet of living area or 30 percent of the main structure, whichever is less.

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i. Nothing herein shall authorize the occupancy or the use of a Guest House/Servants’ Quarters by anyone other than a bona fide guest or servant employed by the occupant of the main structure on such lot, estate or land. ii. A Guest House/Servants’ Quarters may be constructed as a part of the main building. b. Any Accessory Building for human habitation shall not be occupied until the main dwelling has been completed. c. Only one (1) Guest House/Servants’ Quarters shall be allowed on any individual tract of land. d. Guest House/Servants’ Quarters shall not be leased or rented. Accessory Building and Use Limitations in Association within Dwelling, Single-Family (Attached – Townhouse) Development Only the following Accessory Buildings and uses are permitted for Dwelling, Single-Family (Attached – Townhouse) developments: a. One stall attached garage (Garage, Private (Attached)); or b. One stall detached private garage (Garage, Private (Detached)). Architectural Elements for Residential Accessory Buildings a. All Accessory Buildings 120 square feet and larger shall meet the building material requirements of Section 4.06.A. 1.b Masonry Regulations for Accessory Buildings. b. The color and materials of the roof of the accessory building must closely resemble the color and materials of the roof of the main building unless the accessory building is prefabricated or pre-finished. Nonresidential Accessory Buildings The exterior façade of all Accessory Buildings shall be constructed to meet the requirements of Section 4.06.A. 2.b Masonry Regulations for Accessory Buildings. In the nonresidential districts, an Accessory Building shall not exceed the height of the main building and shall not exceed fifty percent (50%) of the floor area of the main building, and shall be used for purposes accessory and incidental to the main use. Nonresidential Accessory Uses Allowed on the First Floor of Multiple-Family Developments The nonresidential accessory use shall be allowed only if the accessory use is within the same building as an active multiple-family use and is located on the first floor of the building. Single-Family or Duplex Residential Flags and Flagpoles Scope The regulations set out in this section apply to flags and detached flagpoles for single-family and duplex homes in all residential zoning districts. Setbacks The minimum setback from any property line, overhead utility line, or public right-of-way shall be a distance equal to the vertical distance from the ground to the top of the pole. Size a. The height of a flag pole shall not exceed twenty-five feet (25') measured from the natural grade. b. The size of the flag shall in no event exceed twenty-four (24) square feet in area. Number

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a. No more than one (1) flagpole shall be allowed per building site or lot. b. No more than three (3) flags may be mounted vertically and displayed on the flagpole located on a building site or lot. Furcated poles with multiple mounting structures shall not be allowed. c. Small flags (not to exceed 24 square feet) mounted in stanchions on the face/eaves of buildings and flags that are displayed flush to the face of the building are not limited in number. Additional Standards See Section 14-33 of the City Code of Ordinances for additional Accessory Building Regulations.

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Site Development Requirements

Landscape Requirements Purpose Landscape Requirements provide guidelines concerning landscape scape, trees, vegetation and other materials to ensure aesthetic appeal and minimize adverse impacts of light, noise, movement or activities throughout the City. Landscaping Regulations Nonresidential Landscaping Requirements Nonresidential Landscaping shall be required according to the following sections. Table 4: Nonresidential Landscaping Requirements (Section References) Section Section Title Number 4.01.B. 1.a Landscaped Edge Along Street Right-of-Way 4.01.B. 1.b Interior Parking Lot Landscaping 4.01.B. 1.c Landscaping for Corner Lots 4.01.B. 1.d Landscaping/Screening for Parking Lots Adjacent to Residential Areas 4.01.B. 1.e Foundation Plantings for Buildings 50,000 Square Feet or Larger 4.01.B. 1.f Landscaping for Nonresidential Areas Adjacent to Residential Areas

a. Landscaped Edge Along Street Right-of-Way All retail, commercial, industrial and other nonresidential uses shall comply with the following requirements: i. Landscaped Edge A landscaped edge shall be provided adjacent to all streets. (a) The landscaped edge shall be the following minimum widths, exclusive of street Right-of-Way. Landscaped edge width adjacent to an Interstate : Twenty (20) Feet Landscaped edge width adjacent to an Arterial: Fifteen (15) Feet Landscaped edge width adjacent to a Collector Street: Ten (10) Feet (b) Within the landscaped edge, one (1) shade tree shall be planted per 30 feet of street frontage. The Planning Director may approve the grouping or clustering of trees to accommodate driveway spacing, utilities, drainage facilities or similar site features. (c) All required trees shall be a minimum 3’’ caliper form Table 6: Approved Plant Material List.

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ii. Vehicle Headlight Screening Abutting the Landscaped Edge Where parking lots, drives, and access easements abut the landscaped edge, shrubs shall be planted to form a contiguous buffer adjacent to the Landscape Edge. (a) Shrubs shall be from 5 gallon containers at the time of planting. (b) The number of required shrubs shall be calculated solely on the area of the required landscaped edge. (c) Shrubs shall be planted in planting beds. (d) A berm may be placed within the landscaped edge in lieu of the required shrubs unless needed for a headlight screen. (See 4.01.B. 1.d for possible additional landscaping requirements.) (e) The berm must be 18 to 40 inches above the average grade of the street and parking lot curbs. (f) The slope of the berm shall not exceed a 33 percent grade. iii. The Applicant is also encouraged to plant a variety of ornamental trees and flowers in addition to the required plantings. iv. Any permeable surface not occupied by trees, shrubs, planting beds, signs or other permitted fixtures shall be planted with turf or other living ground cover.

Figure 1: Parking Lot Headlight Screening

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b. Interior Parking Lot Landscaping Any nonresidential parking area that contains more than 10 parking spaces shall provide interior landscaping in addition to the required Landscaped Edge (4.01.B. 1.a.i): i. Interior Parking Lot Landscaping shall include all areas within the paved boundaries of the parking lot as well as planting islands, curbed areas, corner lots, parking spaces and all interior driveways and aisles. (a) Landscaped areas outside of the parking lot may not be used to meet the Interior Parking Lot Landscaping requirement. ii. There shall be ten (10) square feet of Interior Parking Lot Landscaping for each parking space or fraction thereof. iii. 3 feet parking buffer shall be provided for ninety (90) degree parking with two (2) rows facing each other.

Figure 2: 3 feet buffer requirement for 90-degree parking iv. There shall be one (1) shade tree or an ornamental tree for every ten (10) parking spaces or fraction thereof. All required trees shall be a minimum 3’’ caliper form Table 6: Approved Plant Material List. v. All landscaped areas shall be protected by a raised six (6) inch concrete curb or wheel stops. vi. Where an existing parking area is altered or expanded to increase the number of spaces to more than ten (10), Interior Parking Lot Landscaping shall be provided on the new portion of the lot in accordance with the above standards. vii. The requirements listed above shall not apply to structured parking garages. viii. The landscaping requirements shall not be taken away from the dimensions of any parking spaces. c. Landscaping for Corner Lots Corner lots at the intersection of two or more Arterial shall comply with the following landscaping requirements in addition to the required plantings for the Landscaped Edge and Interior Parking Lot Landscaping: i. A minimum of ten percent (10%) of the site area shall be devoted to landscaping; ii. A minimum landscaped area of 900 square feet shall be located at the intersection corner of the lot. (a) This landscaped area shall be provided within an area measured a minimum distance of 40 feet from the projected corner of the intersection on both sides of the lot.

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d. Landscaping/Screening for Parking Lots Adjacent to Residential Areas Where parking is within 50 feet of residentially zoned property and is not screened from view by a wall, berm or other screen, a continuous screen of must be placed adjacent to the parking. The required landscaping shall comply with the following regulations: i. Shrubs shall be 5 gallon minimum at the time of planting and planted in planting bed. ii. The required shrubs shall create a minimum three (3) foot tall screen within two (2) years of the date of planting. e. Foundation Plantings for Buildings 50,000 Square Feet or Larger i. Foundation plantings are required for buildings or groups of contiguous buildings that are 50,000 square feet or larger. ii. One large tree shall be required for every ten thousand square feet of gross building area. iii. These trees shall be 3’’ minimum caliper. iv. These trees shall be planted within thirty feet (30’) of the front facade. Figure 3: Building with Foundation Plantings v. These plantings are intended to provide pedestrian areas while breaking up the large areas of impervious surface. vi. Trees can be grouped or planted in singular form. vii. These tree plantings should be placed so as not to impede sign visibility or pedestrian safety. viii. Trees intended for foundation plantings shall meet the following criteria: (a) Trees planted less than four (4) feet from the back of curb shall be planted in a tree grate with a Figure 4: Building without Foundation Plantings minimum diameter width of four (4) feet. (b) Ornamental Trees may be substituted for Large Trees at a building’s foundation at the rate of five Ornamental Trees for each required Large Tree (5:1). Ornamental Trees shall have a minimum size of three (3) inch caliper. Multi-trunked trees will be required to meet a three (3) inch requirement based on standard nursery trade specifications. (c) Trees may be placed in groups with appropriate spacing for the species.

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(d) The requirements of this section may be reduced if approved by the Planning Director and when additional pedestrian features such as plazas, seating areas, fountains and outdoor recreation facilities are provided. These facilities must occupy an area equal to or greater than five percent (5%) of the building’s total square footage. f. Landscaping for Nonresidential Areas Adjacent to Residential Areas A 20-foot wide landscaped buffer shall be provided adjacent to an existing residential or vacant land zoned for residential uses. Figure 5: Landscape Buffer Residential Landscaping Requirements Residential Landscaping shall be required in all Residential Zoning Districts according to the following sections. Any area within M, Mixed Use District, H, Highway Development, or PD, Planned Development District containing landscaping standards shall be regulated by the more restrictive standards. Table 5: Residential Landscaping Requirements Section Number Section Title Multi-Family and Single-Family Attached (Duplexes, Townhomes) Landscaping 4.01.B. 2.a Requirements 4.01.B. 2.b Landscaping Requirements for Single-Family Developments

a. Multi-Family and Single-Family Attached (Duplexes, Townhomes) Landscaping Requirements i. Landscape Edge A landscaped edge shall be provided adjacent to all streets. (a) The landscaped edge shall be a minimum width of 15 feet, exclusive of street Right- of-Way. (b) Within the landscaped edge, one (1) Shade tree shall be planted per 30 feet of Landscaped Edge. The Planning Director may approve the grouping or clustering of trees to accommodate driveway spacing, utilities, drainage facilities or similar site features. (c) Trees shall be 3 inch caliper minimum per Table 6: Approved Plant Material List. ii. Shrub Buffer for Parking Lots and Drives Where parking lots and drives abut the landscaped edge, shrubs shall be planted to form a contiguous buffer along the common boundary line. (a) The number of required shrubs shall be calculated solely on the area of the required landscaped edge. (b) Shrubs shall be 5 gallon minimum at the time of planting and planted in planting beds. (c) A berm may be placed within the landscaped edge in lieu of the required shrubs unless needed for a headlight screen. (d) The berm must be 18 to 40 inches above the average grade of the street and parking lot curbs. (e) The slope of berm shall not exceed a 33 percent grade. iii. The Applicant is also encouraged to plant a variety of ornamental trees and flowers in addition to the required plantings.

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iv. Any permeable surface not occupied by trees, shrubs, plantings beds, signs or other permitted fixtures shall be planted with turf or other living ground cover. v. Parking areas shall be landscaped in addition to the required landscaped edge. (a) Twenty (20) square feet of landscaping for each parking space shall be provided within the paved boundaries including one (1) Shade Tree or Ornamental Tree per ten (10) parking spaces. (b) All required trees shall be a minimum 3” caliper from Table 6: Approved Plant Material List. vi. All landscaped areas shall be protected by a raised six (6) inch concrete curb or wheel stop. vii. One (1) shade tree or ornamental tree per 1,000 square feet of required open space (e.g., required yards) shall be provided. viii. No site developed prior to the effective date of this section shall be required to conform to the landscaping requirements of this section unless the site is redeveloped or there is a thirty percent (30%) or more increase in the existing square footage of building area and/or reconstruction of the existing parking lot. ix. Additional Multi-Family Landscape Requirements The multi-family complex shall be landscaped in accordance with B. Landscaping Regulations. If more than one apartment building is permitted to be placed upon a single lot, the following areas shall be landscaped: (a) A twenty (20) foot strip along the front and rear of the buildings as measured from the foundation. (b) A fifteen (15) foot strip along all other sides of the buildings as measured from the foundation. (c) That area adjacent to building corners determined by extending the front, rear, and side landscape limits to their point of intersection. (d) Any additional landscape area that is needed to meet the City’s requirements shall be indicated and fully described upon the plat. b. Landscaping Requirements for Single-Family Developments i. Two shade trees or ornamental trees shall be provided in residential subdivisions for each lot. ii. Trees shall be 3 inch caliper minimum per Table 6: Approved Plant Material List iii. All required trees must be planted prior to request for final building inspection of the dwelling unit.

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Landscape Maintenance Requirements a. This subsection (4.01.B. 3) shall not apply to Single-Family lots for Single-Family structures. b. All plant material shall be maintained in a healthy and growing condition, and must be replaced with plant material of similar variety and size if damaged, destroyed, or removed. c. Landscaped areas shall be kept free of trash, litter, weeds and other such materials or plants not a part of the landscaping. d. An automatic irrigation system with rain and freeze sensors is required for all landscaping except for Single-Family residences. e. All cut areas front, side and rear must have sod for erosion control. f. Any Developer desiring to install and maintain landscaping materials and irrigation facilities within the City Right-of-Way must first receive written approval from the Planning Director g. Replacement of dead landscaping shall occur prior to the issuance of a certificate of occupancy.

Figure 6: Landscaping in Single-Family Developments

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Approved Plant Materials a. The use of artificial plants or turf are prohibited. b. Use of drought tolerant plants are encouraged to meet the requirements of the ordinance. c. The following is the approved plant material list for plant materials required in the ordinance.

Table 6: Approved Plant Material List Type of Planting Common Name Botanical Name Caddo Maple Acer barbatum “Caddo” Pecan Carya illinoensis Shagbark Hickory Carya ovata Deodar Cedar Cedrus deodara Texas Persimmon Diospyros virgininiana Russian Olive Eleagnus anigustifolia Honey locust Gleditsia triacanthos Black Walnut Juglans nigra Eastern Black Walnut Juglans nigra Eastern Red Cedar Juniperus virginiana Red Cedar Juniperus virginiana Sweetgum Liguidambar styraciflua Southern Magnolia Magnolia grandfolia Chinese Pistachio Pistacia chinensi Large Trees (Shade) Texas Pistache Pistacia texana Bur Oak Quercus macrocarpa Chinquapin Oak Quercus muhlenbergii Shumard Oak Quercus shumardi Texas Red Oak Quercus shumardi “Texana” Live Oak Quercus virginiana Western Soapberry Sapindus drummondii Bald Cypress Taxodium distichum Winged Elm Ulmus alata American Elm Ulmus americana Cedar Elm Ulmus crassifolia Chinese Elm Ulmus parvifolia Lacebark Elm Ulmus parvifolia Siberian Elm Ulmus pumila

River Birch Betula nigra Eastern Redbud Cercis canadensis Redbud Cercis canadensis Desert Willow Chilopsis linearis Dogwood Cornus florida Possumhaw Holly Ilex decidua Eastern Platka Holly Ilex opaca Foster Holly Ilex opaca #1 - #5 Small Trees Yaupon Holly Ilex vomitoria Golden Raintree Koelrutaria paniculata (Ornamental) Crepe Myrtle Lagerstroernia indica Flowering Crabapple Malis Spp. Wax Myrtle Myrica cerifera Afghan (Eldarica) Pine Pinus eldarica Ornamental Plum Prunus blireiana Cherry Laurel Prunus caroliniana Purple Plum Prunus cerasifera Mexican Plum Prunus mexicana Callery Pear Purus calleryana Flowering Pear Purus calleryana Texas Sophora Sophora affinis Chaste Tree Vitex agnus-castus

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Table 6: Approved Plant Material List Type of Planting Common Name Botanical Name Atlas Cedar Cedrus atlantica “Manetti” Deordar cedar Cedrus deodara Crytomeria Cryptomeria japonica Leyland Cypress Cupressocyparis leylandi NRS Holly Ilex aquifolium Burford Holly Ilex cornuta “burfordii” Tree Form Holly Ilex opaca AIT / Ilex perny Yaupon Holly Ilex vomitoria Living Screen Cedar spp. Juniperus spp. Juniper spp. Juniperus spp. Wax Myrtle Myrica cerifera Mock Orange Philadelphus sp. Fraser Photinia Photinia xfraseri Afghan (Eldarica) Pine Pinus eldarica Cherry Laurel Prunus caroliniana Vitex Vitex angus-castus

Abelia Abelia sp. Barberry Berberis sp. Japanese Boxwood Buxus sp. Elaegnus Eldesnus sp. Dwarf Yaupon Flex vomituria ‘nana” Shrubs Chinese Holly Ilex cornuta Dwarf Burford Holly Ilex cornuta “burfordii” Junipers Juniperus spp. Texas Sage Leucophyllum frutescens Nandina Nandina domestica Fraser Photinia Photinia xfraseri

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Alternative Compliance for Landscape Requirements A request for Alternative Compliance may be submitted and acted upon in accordance with Section 7.01 Alternative Compliance. The Planning Director may approve the following, based upon a finding that the proposed alternative is, at a minimum, equivalent to and meets the spirit and intent of this 4.01.B. Landscaping Regulations. a. Location or Type of Required Landscape Materials i. Alternatives or minor changes to the location or type of required landscape materials may be required due to unusual topographic constraints, visibility restrictions, siting requirements, preservation of existing stands of native trees or similar conditions, or in order to maintain consistency of established front yard setbacks. ii. These minor changes may vary the location of required landscape materials, but may not reduce the amount of required landscape area or the amount of landscape materials. b. Required Landscaping Edges and Buffers i. Alternatives or minor changes to the required landscaped edges and buffers along a street frontage if immediately adjacent properties on both sides (at side property lines) may have a smaller or no landscape buffer, in order to maintain consistency between an existing parking lot and drive aisle alignments. ii. If an alternative landscape edge or buffer is granted, an equal amount of landscape area and trees shall be provided elsewhere on the site as may be deemed appropriate by the Planning Director. c. Landscaping for Nonresidential Areas Adjacent to Residential Areas i. Partial or complete relief may be provided from the landscaping buffer requirement within 4.01.B. 1.f, if the applicable lot is smaller than two (2) acres. ii. If an alternative buffer is granted, adequate screening shall be provided to ensure an equivalent buffer effect.

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Screening Standards Purpose Standards set forth in this subsection establish the screening requirements for the various land uses and zoning districts. General Requirements Screening Required Between Nonresidential and Residential a. Residential screening wall is required for new subdivisions along Arterial streets. b. A masonry screening wall separating a nonresidential zoning district from a residential zoning district shall be required pursuant to this section. c. A required masonry screening wall shall be at least six (6’) feet in height, but not more than eight feet (8’), unless specifically permitted or required by this Section or unless approved by a PD, Planned Development District, Site Plan, or Specific Use Permit. Responsibility for Constructing the Screening Wall a. When new construction abuts the boundary of an existing development, then the Developer of the new construction, regardless of whether the new construction is residential or nonresidential, shall erect the screening wall adjacent to the common property line with the existing development. The screening wall shall extend along the entire shared portion of the common property line. b. The design and construction material of the screening wall shall be as specified in 4.02.B. 4. Screening Walls for Loading Docks a. Nonresidential uses with loading docks or delivery entrances that front a Collector Street or Arterial shall be screened by a minimum six (6’) feet tall masonry screening wall to obscure views of loading docks and loading spaces. b. Loading docks and delivery entrances within the I, Industrial District are exempt from the above requirement of 4.02.B. 3.a. c. The following standards apply if service or loading dock areas are adjacent to residential uses. i. Service/loading areas shall be screened from view at a height of eight feet (8’) at the residential property line. ii. This 8-foot wall must screen the entire loading dock or space. iii. Screening materials shall utilize similar masonry materials to the building’s façades. Screening Wall Materials a. Any screening wall required by this Section shall be constructed of the following materials: i. Brick, stone, or split-face concrete masonry unit; or ii. Pre-cast concrete wall or poured-in-place concrete wall with a similar appearance as brick, stone or split-face concrete masonry unit. b. All construction materials shall be earth-tone masonry colors including white. i. Where a masonry screening wall is constructed of split-face concrete masonry units or pre-cast concrete or poured-in-place concrete with a similar appearance as brick, the decorative or split-face side of the wall shall face the adjacent residential properties or street. ii. An unfinished Haydite block wall or a wall with non-earth tone colors shall be prohibited.

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iii. Smooth-faced concrete masonry units shall not be permitted as a construction material for a screening fence. Screening Wall Design a. If masonry is used on the main building, then all masonry walls shall be constructed with the same masonry materials as the main building. b. The screening wall shall be designed and constructed to prevent any drainage or erosion problems.

Figure 7: Screening Wall- Masonry Mechanical Equipment Screening Requirements for Nonresidential Properties a. General i. In all nonresidential development, all mechanical equipment whether ground-mounted, roof-mounted or otherwise attached to the building shall be screened from view. ii. Mechanical equipment areas shall be constructed, located and screened to prevent interference with the peace, comfort, and repose of the occupants of any adjoining building or residence. iii. The location, construction, and screening of all mechanical equipment shall be shown on the Site Plan or design drawings. b. Ground-Mounted Mechanical Equipment i. Ground-mounted mechanical equipment, with the exception of an electricity delivery provider’s distribution equipment, shall be placed behind a screening wall or living screen equal to or greater than one foot (1’) above the height of the unit. ii. The screening wall shall be constructed of masonry materials. c. Roof-Mounted Mechanical Equipment i. Roof-mounted mechanical equipment shall be screened from view with a parapet wall, mansard roof or alternative architectural element. ii. The height of the screening element shall be equal to or greater than the height of the mechanical unit(s) provided that the element shall not extend more than six feet (6’) above the roof. iii. When the height of a mechanical unit exceeds the maximum permitted height of the screening feature, an additional roof setback for the unit shall be required at a ratio of two horizontal feet (2’) for each additional one foot (1’) of vertical height above the maximum six feet (6’). iv. Screening for mechanical equipment shall apply to new building construction only.

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Screening of Outdoor Waste Storage a. General i. Waste storage areas housing refuse containers, dumpsters, and similar facilities shall be constructed, located, and screened to prevent interference with the peace, comfort and repose of the occupants of any associated or neighboring building or residence. ii. The location, construction and screening of all waste storage areas shall be shown on the Site Plan. b. Screening Required i. Refuse containers, trash dumpsters/containers, trash compactors, box compactors, and other similar containers shall be screened on three sides with a masonry screening wall that shall be constructed to a minimum height of one foot (1’) above the container height, but shall not exceed eight feet (8’) in height. ii. The container shall be screened by the masonry wall capable of screening the area. iii. The screening wall shall be similar to or extensions of the development’s architectural design. c. Incidental Use Requirement and Location Standards Refuse containers, trash dumpsters/containers, trash compactors, box compactors, and other similar containers that are used for waste disposal purposes shall: i. Only be allowed as an incidental use; and ii. Only be allowed when located behind the building line established by the structure and not within any required landscaped area.

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Parking Standards Vehicle Parking and Space Regulation

Required Minimum and Maximum Parking for Residential Uses.

Table 7: Parking Requirement for Residential Uses Automobile

Use group Bicycle (Optional) Minimum Maximum 2 spaces NA NA Single-Family Detached per housekeeping unit 1 space NA NA in addition to required Accessory dwelling parking for the principal dwelling 2 spaces NA NA Two-Family or Duplex per housekeeping unit 1 space 1.5 spaces 1 space For one bedroom units for each 50 automobile spaces required 1.5 spaces 2.0 spaces For two bedroom units 2 spaces 2.25 spaces Multifamily For three or more bedroom (apartment, units townhouse, In addition, (regardless of 1 space condominium etc.) the mix of unit type and per 4 dwelling units size), guest parking shall be provided at a ratio of 1 space per 5 dwelling units. Guest parking shall be located in an area or areas commonly accessible to all units

Rooming House, 1 space 1 space NA Lodging House, per 2 bedrooms per bedroom Fraternity/Sorority House, Tourist Home or B&B Senior Adult Housing - 1 space 1 space 1 space Independent living per 2 units plus one space per 1.5 units plus for each 50 automobile per employee 1 space per spaces required employee Nursing Home or 1 space 1 space 1 space Convalescent Home per 4 beds plus per 3 beds plus for each 50 automobile 1 space per employee 1 space per employee spaces required Adult Care Residence, 1 space 1 space 1 space Group Home, or per every 3 beds plus 1 space per every 2 beds plus for each 50 automobile Juvenile Residence per employee 1 space per employee spaces required

Continuing Care Minimum parking shall be Sum of the maximum 1 space Retirement Community calculated based upon the requirements of the for each 50 automobile (contains multiple sum of the parking individual spaces required elements of requirements (specified in components of the independent living, this table) for each complex assisted living and component of the complex convalescent care in one campus/complex)

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Required Minimum and Maximum Parking for Nonresidential Use

Table 8: Parking Requirement for Nonresidential Uses Automobile Use group Bicycle (Optional) Minimum Maximum Auditoriums, 1 space 1 space 1 space Gymnasiums, Movie per 4 seats in the largest per 3 seats in the for each 50 automobile Theaters, Churches, and assembly hall largest assembly hall spaces required other places of assembly not otherwise listed Club or Lodge 1 space 1 space 1 space per 200 sq. ft. of floor area per 150 sq. ft. of for each 50 automobile floor area spaces required Elementary School or 1.5 spaces 2.0 spaces Equal to 10% of the Middle School per classroom per classroom student capacity High School 5 spaces 6.5 spaces Equal to 10% of the per classroom per classroom student capacity College, Business School 6 spaces 7.5 spaces Equal to 6% of the or Vocational School per classroom per classroom classroom capacity of each building Library or Museum 1 space 1 space 1 space per 300 sq. ft. of display area per 250 sq. ft. of for each 50 automobile display area spaces Convention Center 1 space 1 space 1 space per 3 seats in the largest per 2.5 seats in the for each 50 automobile assembly hall plus 1 space largest assembly hall spaces required per 400 sq. ft. of exhibit hall plus 1 space per 300 space sq. ft. of exhibit hall space Live Performance Theater 1 space 1 space 1 space or Music Hall per 3 seats per 2.5 seats for each 50 automobile spaces required Stadium and Arenas 1 space 1 space 1 space per 3 seats per 2.5 seats for each 50 automobile spaces required Hospital 1 space 1 space 1 space per 2 beds plus 1 space per per bed plus 1 space for each 50 automobile 400 sq. ft. of reception, per 300 sq. ft. of spaces required administration, diagnostic, reception, surgical and outpatient administration, lab, space diagnostic, surgical and outpatient space Public Facilities, 1 space 1 space 12% of the required Community Centers, per 500 sq. ft. of floor area per 400 sq. ft. of number of automobile Neighborhood Facilities plus 1 space per 3 seats for floor area plus 1 spaces and Recreational each place of assembly space per 2.5 seats Facilities within the facility for each place of assembly within the facility Public Transit Station or 1 space 1 space 35% of the number of Private bus station per 300 sq. ft. of floor area per 200 sq. ft. of automobile spaces floor area required or a minimum of 20, whichever is greater

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Table 8: Parking Requirement for Nonresidential Uses Automobile Use group Bicycle (Optional) Minimum Maximum Parks: Active - i.e., ball 5 spaces 6 spaces Minimum of 10 spaces fields, playgrounds, picnic per acre of facility plus 1 per acre of facility plus 1 additional space shelters, bandstands, space per every 4 persons of plus 1 space per 3 for each 50 automobile beach, etc. total maximum capacity of persons of total spaces required the facilities included in the maximum capacity of park the facilities included in the park Parks: Passive - does not To be determined by the 125% of the Minimum of 5 spaces include any facilities to Parks & Recreation staff or minimum parking plus 1 additional space accommodate active Public Works Director based for each 50 automobile organized recreation upon estimated peak usage spaces required of the facility Post Office and Private 1 space 1 space 1 space Postal services per 250 sq. ft. of floor area per 200 sq. ft. of for each 50 automobile floor area spaces required Parking garage, NA NA 10% of the number of commercial parking lots, automobile spaces public parking lots provided Marina (Hickory Creek 1 space 1 space 1 space Future Use) for every 2 boat slips for every slip for each 50 automobile spaces required Retail (except furniture 1 space 1 space 1 space and appliance sales) per 250 sq. ft. of sales area per 166 sq. ft. of for each 50 automobile sales area spaces required Retail: Furniture and 1 space 1 space 1 space appliance sales per 400 sq. ft. of sales area per 300 sq. ft. of for each 50 automobile sales area spaces required Shopping Center, 1 space 1 space 1 space Shopping Mall per 250 sq. ft. of sales area per 166 sq. ft. of for each 50 automobile sales area spaces required Grocery Store 1 space 1 space 1 space per 250 sq. ft. of sales area per 166 sq. ft. of for each 50 automobile sales area spaces required Home Improvement 1 space per 250 sq. ft. of 1 space 1 space Superstore sales area per 140 sq. ft. of for each 50 automobile sales area spaces required Discount Club or 1 space 1 space 1 space Superstore per 250 sq. ft. of sales area per 140 sq. ft. of for each 50 automobile sales area spaces required Office (except medical or 1 space 1 space 1 space dental office or clinic) per 300 sq. ft. of floor area per 250 sq. ft. of for each 50 automobile floor area spaces required Medical Office or Clinic, 1 space 1 space 1 space Dental Office or Clinic per 250 sq. ft. of floor area per 200 sq. ft. of for each 50 automobile floor area spaces required

Bank: No Drive-Thru 1 space 1 space 1 space per 250 sq. ft. of floor area per 200 sq. ft. of for each 50 automobile floor area spaces required Bank: With Drive-Thru 1 space 1 space 1 space per 400 sq. ft. of floor area per 200 sq. ft. of for each 50 automobile floor area space required

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Table 8: Parking Requirement for Nonresidential Uses Automobile Use group Bicycle (Optional) Minimum Maximum Personal Services (i.e.. 1 space 1 space 1 space dry cleaner, barber shop, per 200 sq. ft. of service area per 166 sq. ft. of for each 50 automobile beauty salon, tailor, etc.) service area spaces required Restaurant, Eating and 1 space 1 space 1 space Drinking establishments per 75 sq. ft. of floor area per 60 sq. ft. of floor for each 50 automobile exclusive of kitchen and area exclusive of the spaces required freezer areas kitchen and freezer area Live entertainment, 1 space 1 space 1 space karaoke, nightclub, bar or per every 3 persons based per every 2.5 persons for each 50 automobile similar places of assembly upon maximum occupancy based upon space required without fixed seats maximum occupancy Commercial Recreation - 1 space 1 space 12% of the total within a building (unless per 200 sq. ft. of floor area per 166 sq. ft. of automobile spaces otherwise listed) floor area required Commercial Recreation - 5 spaces 6 persons Minimum of 10 spaces outdoors per acre of facility plus per acre of facility plus 1 additional space 1 space per 4 persons of plus 1 space per 3 for each 50 automobile total maximum capacity of persons of total spaces provided the facilities maximum capacity of the facilities Bowling Alley 1 space 1 space 1 space per employee plus per employee plus 5 for each 50 automobile 4 spaces per lane spaces per lane spaces required Motel & Tourist Homes 1 space 1.25 spaces 1 space per guest room per guest room for each 50 automobile spaces required Hotel with total meeting 1 space 1.25 spaces 1 space space in excess of 1,000 per guest room plus per guest room plus for each 50 automobile sq. ft. 1 space per 100 sq. ft. of 1 space per 75 sq. ft. spaces required meeting or banquet room of meeting or banquet room Hotel with total meeting 1 space 1.25 spaces 1 space space of 1,000 sq. ft. or per guest room per guest room plus for each 50 automobile less 1 space per 75 sq. ft. spaces required. of meeting or banquet room Kennel or Veterinary 1 space 1 space 1 space Hospital per 400 sq. ft. of floor area per 300 sq. ft. of for each 50 automobile floor area spaces required Day Care or Nursery 1 space 1 space 1 space School per 500 sq. ft. of floor area per 400 sq. ft. of for each 50 automobile floor area spaces required 1 space 1 space 1 space per employee plus per employee plus for each 50 automobile one of the below one of the below spaces required ratios, whichever is greater: ratios whichever is 1 space greater: Funeral Home or per 50 sq. ft. of public 1 space Mortuary viewing area per 40 sq. ft of public or viewing area 1 space or per 3 seats in the chapel 1 space per 2.5 seats in the chapel

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Table 8: Parking Requirement for Nonresidential Uses Automobile Use group Bicycle (Optional) Minimum Maximum Automobile Repair and 1 space 1 space 1 space Service per 300 sq. ft. of service area per 200 sq. ft. of for each 50 automobile service area spaces required House sales, mobile 1 space 1 space 1 space home sales, trailer sales, per 300 sq. ft. of sales, office per 200 sq. ft. of each 50 automobile boat sails, and other and waiting area sales office and spaces required outdoor equipment sales waiting area Commercial Nurseries 1 space 1 space 1 space per 300 sq. ft. of floor space per 250 sq. ft. of for each 50 automobile plus 1 space per 5,000 sq. ft. floor space plus 1.5 spaces required of lot area spaces per 5,000 sq. ft. of lot area Car Wash Facility: Self- 1 parking space 1 parking space NA Service at each end of every stall at the end of every plus 1 parking space per stall stall plus 1.5 parking located elsewhere on the spaces per stall site located elsewhere on the site All Other Car Wash Stacking area to Stacking area to NA Facilities (full-service accommodate 3 vehicles per accommodate 4 and/or automated) bay plus 2 parking spaces vehicles per bay plus per bay elsewhere on-site 3 parking spaces per bay elsewhere on- site Research Lab 1 space 1 space 1 space per 400 sq. ft. of floor area per 300 sq. ft. of for each 50 automobile floor area spaces required Manufacturing 1 space 1 space 1 space per 500 sq. ft. of floor area per 400 sq. ft. of for each 50 automobile floor area spaces required Warehousing 1 space 1 space 1 space per 2,000 sq. ft. of floor area per 1,500 sq. ft. of for each 50 automobile floor area spaces required Self-Storage Facility 5 spaces 7 spaces 1 space Enclosed - All storage adjacent to the adjacent to the for each 50 automobile units are contained office/entry plus office/entry plus spaces required within a building 1 space per 50 units 1 space per 30 units accessible from a single entry and interior hallways

Self-Storage Facility Not 5 spaces 7 space NA Enclosed - All storage adjacent to the adjacent to the units are individually office plus office plus drive accessible from vehicular drive aisles measuring a aisles measuring a drive aisles minimum of 28 feet minimum of 28 feet between units between units Self-Storage Facility Not 5 spaces 7 space NA Enclosed - All storage adjacent to the office plus adjacent to the office units are individually drive aisles measuring a plus drive aisles accessible from vehicular minimum of 28 feet measuring a drive aisles between units minimum of 28 feet between units

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Required Minimum and Maximum Parking for Mixed Uses

Table 9: Parking Requirement for Mixed Uses Automobile Use group Bicycle (Optional) Minimum Maximum Mixed Uses - Any Total spaces equal the sum Total maximum 1 space combination of two or of the requirements for each number of spaces for each 50 automobile more uses located individual use unless credits equals to the sum of spaces required upon the same site, and/or alternative parking the max. parking within the same standards are applied as limits of the building or space permitted elsewhere in this individual uses chapter Parking Dimensions and Surfaces Parking Dimensions A minimum space of at least 9 feet by 18 feet shall be provided for each vehicle. Surface Material All areas within the City that are used for the parking of motor vehicles shall be paved with impervious surface materials and shall be constructed in accordance with the following minimum specifications: a. Reinforced concrete shall have a five-inch minimum thickness, 3,000 psi, on four-inch cushion and shall be reinforced with No. 4 bars, 24-inch centers both. b. Asphaltic concrete shall have a four-inch thick type D HMAC on a six-inch crushed stone base or four percent lime stabilized soil compacted to not less than 95 percent as determined by TSDHPT test method Tex-113-E. Loading Space Nonresidential uses permitted by the zoning ordinance shall provide permanently maintained off- street loading spaces with adequate access. Each loading space shall measure no less than ten feet wide by 25 feet long and shall have a vertical clearance of at least 14 feet and a backing space of at least 24 feet. Buildings of 20,000 square feet or less shall require one loading space. Buildings in excess of 20,000 square feet shall require two loading spaces. Loading spaces shall not be located any closer than ten feet to any existing or proposed rights-of- way, or closer than 20 feet to any residential use or any property zoned for residential uses. No loading space shall be erected within a fire access zone. Parking Garages/Vertical Stacked Parking and Modular Automated Parking Systems (MAPS) Parking garage arrangements shall be permitted at a height not to exceed four stories. Vertically stacked parking arrangements and modular automated parking systems shall be permitted. Vertically stacked systems which are not automated and which require vehicles and or lifts to access the stacked vehicle storage system shall provide a standard drive aisle between bays. Additional clearances may be required upon review by the appropriate building code official and the fire code official. Modular automated parking systems (MAPS) are not required to meet the standard parking space or drive aisle dimensions. They are required to meet all other applicable codes and ordinances.

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Figure 8: Parking Garage Yard Parking Parking on Unimproved Surfaces A person within the City commits an offense if such person causes, suffers, permits or allows: a. The parking or storage of a motor vehicle, trailer, boat or other watercraft within a front yard upon any surface other than a driveway or other minimum improved parking surface; b. The parking or storage of a motor vehicle, trailer, boat or other watercraft within a side or rear yard upon any surface other than a driveway or other minimum improved parking surface; c. The parking or storage of more than three motor vehicles, trailers, boats or other watercraft within any side or rear yard, whether or not such vehicle is parked or stored upon a minimum improved parking surface, and whether or not such vehicle is screened from view by a fence or other similar structure; or d. The parking or storage of any motor vehicle, trailer, boat or other watercraft upon any portion of any real property not zoned as residential upon any surface other than a driveway or other minimum improved parking surface. It is an affirmative defense to prosecution under this subsection if the front yard adjoins a street on which parking is prohibited or restricted by ordinance on that portion of the street abutting the yard. It shall also be a defense to prosecution under this subsection that a vehicle is parked or stored on residential property in

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which the lot is at least one acre in size. It shall further be a defense to prosecution under 4.03.E. 1.b of this section that the motor vehicle, trailer, boat or other watercraft was parked or stored in the rear yard and was screened from view by a fence or other similar structure and was not visible from any public property or right-of-way; provided that there was not more than two other motor vehicles, trailers, boats or other watercraft also parked or stored within the same rear yard at that time. Minimum Parking Surface Area a. No owner, occupant or person in charge of property zoned residential shall cause, suffer, permit or allow the construction, placement or maintenance of a driveway or minimum improved parking surface on such property which covers more than 50 percent of the front yard. b. It is an affirmative defense to prosecution under this subsection if a driveway is: i. A circular drive connecting to a street or alley by at least two driveway approaches, and covers not more than 65 percent of the yard; or ii. Within a residential front yard and parking is prohibited or restricted by ordinance on that portion of the street abutting the yard, and the driveway covers not more than 65 percent of the yard. Violation; Penalty a. Any person who violates any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined a sum not to exceed $500.00. Each day a violation of this section continues shall constitute a separate offense. b. Nothing in this section is intended to diminish in any respect deed restrictions which may impose more stringent requirements than this section.

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Lighting Standards Purpose The purpose of this subsection is to: Reduce the problems created by improperly designed and installed outdoor lighting; Reduce problems of glare on operators of motor vehicles, pedestrians and land uses; Minimize light trespass; Reduce the energy and financial costs of outdoor lighting by establishing regulations, which limit the area that certain kinds of outdoor lighting fixtures can illuminate; and Preserve the night sky as a natural resource. General Requirements The following standards shall apply to all exterior lighting except public street lighting and other lighting that is specifically exempted by this subsection. Buffer Areas and Required Setback Areas Light sources or luminaires are prohibited in buffer areas and within required setback yard areas except on pedestrian walkways and hike and bike trails. Outdoor Advertising Lighting a. Light for outdoor advertising shall be designed to function as full cutoff type of luminaires. b. The temporary use of lasers and spotlights that project light into the sky may be allowed subject to the restrictions of temporary outdoor lighting. The applicant is responsible for acquiring a signed letter from the FAA stating that the proposed lighting is acceptable. c. See Figure 9: Shielded/Cutoff Light Sources for examples. Shielded Light Source Required a. All luminaires located on nonresidential use properties shall be designed so that the light source (bulb or lamp) is completely shielded from direct view of at a point three (3) feet above grade on the lot line abutting a Residential Property. b. In all other instances, the light source must be completely shielded from direct view of at a point six (6) feet above grade on the lot line. c. See Figure 9: Shielded/Cutoff Light Sources for examples. Light Trespass Limitation All luminaires located on private property shall be designed or positioned so that the maximum illumination at the property line next to a Residential Property shall not exceed one-quarter (¼) foot-candle and shall not exceed one-half (½) foot-candle adjacent to a street right-of-way. Canopy Lighting Lighting recessed for canopies covering fueling stations at automobile service stations and drive- through facilities shall not illuminate abutting properties and the luminaires shall be designed so that the light source and lenses (bulb or lamp) are completely shielded from direct view at a point five (5) feet above the grade on the lot line.

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Figure 9: Shielded/Cutoff Light Sources Wall or Roof Lighting a. Wall or roof lighting may be used to illuminate the pedestrian walkways, entrance areas and yard areas within thirty (30) feet of the building. b. No wall or roof lighting shall be used to illuminate areas for motor vehicle parking or access unless the Building Official finds the following: i. That the proposed lighting is not in conflict with the stated purpose; ii. That the proposed lighting will not unreasonably harm or restrict public health, safety and welfare or create a nuisance; and iii. The proposed lighting will not result in an impairment of vision creating a hazard for vehicular or pedestrian traffic.

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Open Area Used for Motor Vehicle Parking, Storage or Access a. Any open area used for motor vehicle parking, storage or access may be illuminated with freestanding luminaires. b. Freestanding luminaires are permitted to be a maximum of thirty (30) feet in height. c. When a luminary is located within one hundred (100) feet of a Residential Property the maximum permitted luminaires height shall be twenty (20) feet. d. All luminaires must have a total cutoff angle equal to or less than ninety (90) degrees. e. The use of exterior lighting with a cutoff angle greater than ninety (90) degrees shall be permitted only when the Building Official finds the following: i. That the proposed lighting is not in conflict with the stated purpose; ii. That the proposed lighting will not unreasonably harm or restrict public health, safety and welfare or create a nuisance; and iii. The proposed lighting will not result in an impairment of vision creating a hazard for vehicular or pedestrian traffic.

Figure 10: Examples of Cut-Off Angles

Signs Externally illuminated signs, advertising displays, building identification, and monument signs shall use top mounted light fixtures which shine light downward and which are fully shielded or upward with pin-pointed light which are fully shielded. Flags, Statues, and Other Similar Objects Outdoor light fixtures used to illuminate flags, statues, or any other objects mounted on a pole, pedestal, or platform shall use a very narrow cone of light for the purpose of confining the light to the object of interest and minimize spill-light and glare. Buildings Building façades and architectural features of buildings may be floodlighted when the following conditions are met: a. Floodlight fixtures are equipped with shields and are located so as to limit the fixture’s direct light distribution to the façade or feature being illuminated; b. The configuration of the floodlight installation shall block all view to the floodlight fixture’s lamps from adjacent properties; and

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c. The maximum luminance of any floodlighted surface does not exceed the foot-candles specified in the Illuminating Engineering Society of North America Lighting Handbook for floodlighting surfaces. Exterior Lighting Plan a. Submission of Plan i. Applicability A lighting plan shall be required anytime exterior lighting is proposed, or modified, that is associated with a use of greater intensity than a one (1) or two (2) family dwelling. ii. Submission Official The lighting plan shall be submitted to the Building Official. iii. Submission Criteria The submission shall contain but shall not necessarily be limited to the following: (a) Plans indicating the location of the exterior lighting on the premises, and the type of illuminating devices, fixtures, lamps, supports, reflectors, and other devices; (b) Description of the illuminating devices, fixtures, lamps, supports, reflectors, and other devices and the description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required) and height of the luminaires; and (c) Photometric plan and data sheets, such as that furnished by manufacturers, or similar to that furnished by manufacturers, showing the angle of cut off or light emissions. iv. Once the plan is approved by the Building Official, the exterior lighting of the property shall conform to the approved lighting plan. v. A lighting plan required by this 4.04.B. 11 Exterior Lighting Plan shall expire at the same time that the approved Site Plan for which it was submitted expires. b. Lamp or Fixture Substitution Should any outdoor light fixture or the type of light source therein be changed after the issuance of the Building Permit or Certificate of Occupancy and Compliance, a change request with adequate information, as required in 4.04.B. 11.a above herein, to ensure compliance with the Zoning Ordinance must be submitted to the Building Official for review and approval prior to the substitution. Prohibited a. Prohibited Lighting Fixtures i. “Cobra head” type lighting fixtures having dished or “drop” lenses or refractors shall be prohibited. ii. See Figure 9: Shielded/Cutoff Light Sources for examples. b. Lights Prohibited from Flickering or Flashing Flickering or flashing lights shall be prohibited. Illumination a. Intensity of Illumination The intensity of illumination projected from one property to another property is determined by the zoning district classification of the adjacent property and shall not exceed the following intensities, as measured from the property line of the adjacent property:

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Table 10: Maximum Illumination between Properties

Foot- Foot- Underlying Zoning of Adjacent Property Candles Horizontal Candles Vertical Single-Family (detached and attached) Residential Districts 0.2 0.5 Multi-Family Residential Districts 0.5 0.5 Commercial Districts, streets 3.0 3.0 Industrial Districts 5.0 5.0

b. Maximum Outdoor Illumination Level The maximum computed or measured outdoor illumination level on a property shall not exceed 20 foot-candles outdoors at any point, except that lighting under canopies (such as for service stations) shall not exceed 30 foot-candles. c. Measurement of Illumination i. Meter required (a) Lighting levels of outdoor lighting shall be measured in foot-candles with a direct- reading portable light meter with a color and cosine corrected sensor with multiple scales. (b) Reading accuracy should be within ± five percent (5%). (c) The meter shall be tested and calibrated by an independent commercial photometric laboratory or manufacturer within one year of date of use as attested to by a certificate issued by such laboratory. ii. Horizontal Method of Measurement (a) The meter sensor shall be mounted not more than six inches above ground level in a horizontal position. (b) Readings shall be taken only after the cell has been exposed to provide a constant reading. (c) Measurements shall be made when the meteorological optical range is six miles or further so that measurements will not be adversely affected by atmospheric scatter. (d) Measurements shall be made after dark with the existing questioned light sources on, then with the same sources off. (e) This procedure eliminates the effects of moonlight and other ambient light. (f) The difference between the two readings shall be compared to the foot-candle ratings listed in 4.04.B. 13. iii. Vertical Method of Measurement (a) The meter sensor shall be mounted at five feet above ground level in a vertical position, perpendicular to the property line and facing the outdoor lighting in question. (b) Readings shall be taken only after the cell has been exposed to provide a constant reading. Measurements shall be made after dark with the existing questioned light sources on, then with the same sources off. (c) This procedure eliminates the effects of moonlight and other ambient light. (d) The difference between the two readings shall be compared to the foot-candle ratings listed in 4.04.B. 13.

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Exemptions The following are exempt from the standards contained in the Zoning Ordinance. a. Decorative Seasonal Lighting Decorative seasonal lights used for temporary purposes. b. Residential Dwellings i. Lighting for residential dwellings, provided that: (a) The lamps have a power rating of less than or equal to seventy-five (75) watts, (b) A cutoff component is incorporated in the design of the luminaires, and (c) The lighting level at the property line shall not exceed the maximum level specified within the Zoning Ordinance. ii. The maximum lighting level at the property line may be exceeded in cases where the lamp is turned on and off by a motion sensor and the lamp is not on for a continuous period exceeding ten (10) minutes. c. Specific Signs Signs of the type constructed of translucent materials and wholly illuminated from within are exempt from the shielding requirement. d. Temporary Emergency Lighting Temporary emergency lighting used by police, fire fighters, or other emergency services, as well as all vehicular luminaires. e. Hazard Warnings Hazard warning luminaires, which are required by federal and state regulatory agencies. f. Residential Party Lights i. Residential party lights for social gatherings. Such temporary outdoor lighting includes, but is not limited to, strings of lights and lanterns. ii. The party lights shall be removed within a two (2) weeks after a social gathering. g. Specific Recreation i. Because of their unique requirement for nighttime visibility and their limited hours of operations, ball diamonds, playing fields and tennis courts are exempted from the general standards of this section. ii. Lighting for these outdoor recreational uses shall be shielded to minimize light and glare from spilling over onto a residentially used or zoned property. iii. The maximum permitted illumination at the residential property line shall not exceed two (2) foot-candles. h. Public Street or Sidewalk Projects The City Council may vary from the requirements of this section as part of the approval of public street or sidewalk projects.

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Supplementary Regulations Carport Regulation Carports are allowed in all zoning districts subject to issuance of a building permit. Carports shall: Be separated from the main structure Be restricted to 16’ height Have trim fascia on all exterior sides and have internal gutter system. Be open on all four sides. Comply with all zoning ordinance requirements. If no portion of the carport structure encroaches beyond the front building line of the primary residential structure and exists entirely within the side or rear yard of the lot, the structure may be built to the side or rear yard property lines, provided that the carport structure has a gutter diverting rainfall runoff to the sides of the structures and onto the surface of the host property. A carport shall be constructed of a minimum of 22 gauge metal, wood or masonry. No storage of any type other than vehicular storage is permitted within a carport structure. The parking surface of the carport must be of similar material as the driveway surface. Carports may be constructed in both front and rear driveway areas. Fencing Regulations Fencing Regulations for Residential Districts a. Only metal or masonry columns for support. b. A fence must be finished on all sides. c. Barb wire is allowed in residential zoning for agricultural purposes only, with a minimum of 2 acres. d. Electrical fence may be allowed on residential zoned property of 2 acres or more. Electrical current shall be no more than 12 volts DC pulsating charge, with one (1) foot separation between electrical fence and existing fence on interior side of fence only. e. Fences exceeding four feet in height shall not be constructed on lot lines parallel to a street, public place or public way or outside building lines unless the owner of the fence has received prior written approval from the Chief Building Official. Fencing Regulations for Nonresidential Districts a. Only metal or masonry columns for support. b. A fence must be finished on all sides. c. Barb wire is allowed in commercial zoning for safety purposes only. Barb wire shall have a clearance from the ground minimum six (6) feet and maximum eight (8) feet, allowing no more than ten (10) feet overall fence height. d. Concrete blocks are an allowable material. e. Commercial Property using metal panels as a fence material shall be installed vertically with factory applied color and must be of all same color. f. Electrical fence may be allowed on commercial zoned property. Current shall be no more than 12 volts DC pulsating charge, with one (1) foot separation between electrical fence and existing fence on interior side of fence only.

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Trash Enclosures a. All dumpsters or trash enclosures must be enclosed on at least three sides. b. Must be of non-see through (solid) material. c. Shall be built to an architectural standard consistent with the main structure, or material approved by Building Official. d. Minimum height of enclosure to be seven (7) feet. e. Minimum 8-inch concrete pad.

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Design Standards Exterior Building Materials Residential Development a. Masonry Regulations for Residential Buildings i. All buildings within the corporate limits of the city, hereinafter placed, built or commenced to be used for residential purposes, shall have exterior walls of at least 80 percent masonry, with 20% other approved material (cementatious-fiber siding with at least 50-year warranty) of the total building of all new construction structures, including all frame work surrounding all doors and windows, exclusive of doors, windows, the area above top plate line, gables and roofs. ii. The 80 percent masonry requirement shall also apply to all additions or modifications to the principal building and to all attached garages. iii. As used herein, "masonry" shall mean brick or stone or stucco. "Stucco" shall mean exterior Portland cement, hand-applied in three coats to a minimum thickness of ¾ inches. Exposed or painted cement, concrete or cinder blocks, fiber cement siding or other materials of similar characteristics shall not be permitted or considered as masonry iv. Any home additions or modifications shall be built to an architectural standard consistent with the main structure in terms of exterior wall coverings and roofing b. Masonry Regulations for Accessory Buildings i. If the main structure is not of brick or masonry exterior construction, the accessory building of over 120sf shall be built to a minimum architectural standard consistent with the main structure in terms of exterior wall coverings and roofing. ii. All detached accessory buildings of 121 square feet up to 399 square feet herein after shall be restricted to maximum height of no more than twelve (12) feet and have exterior walls consistent with the main structure or with any approved siding material with the exception of corrugated metal. iii. All detached accessory buildings of 400 square feet or larger herein shall be restricted to maximum height of no more than 16’ and have exterior walls consistent with the main structure or with any approved material with the exception of corrugated metal. Nonresidential Development a. Masonry Regulations for Nonresidential Buildings. i. Elevations facing Right-of-Way must be 100% masonry ii. Rear elevations (not facing the public Right-of-Way) may be of other approved material. b. Masonry Regulations for Accessory Buildings i. Elevations facing Right-of-Way must be 100% masonry. ii. Rear elevations (not facing the public Right-of-Way) may be of other approved material.

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Architectural Standards Nonresidential Development a. Nonresidential Building Orientation Any building within view of a public Right-of-Way shall either face such Right-of-Way or shall have a facade facing such Right-of-Way in keeping with the character of the Front Façade. b. Nonresidential Design Elements Requirements Following is a list of design elements that, based upon the size of a building (see 4.06.B. 1.c below), shall be incorporated into a building’s design:

Table 11: Menu of Nonresidential Design Elements 1 Canopies, awnings, or porticos 2 Overhangs 3 Recesses or projections 4 Arcades 5 Peaked roof forms 6 Arches 7 Outdoor patios 8 Display windows 9 Architectural details; such as, tile work or moldings, integrated into the building façade 10 Integrated planters or wing walls that incorporate landscape and sitting areas 11 Offsets, reveals or projecting ribs used to express architectural or structural bays

c. A building’s floor area shall determine the minimum number of required design elements (See Table 11: Menu of Nonresidential Design Elements implemented in its construction as set forth in the table below:

Table 12: Required Minimum Number of Design Element

Building Square Footage Minimum Number of Design Elements 0 – 50,000 sq. ft. 3 50,001 – 100,000 sq. ft. 5 Over 100,001 sq. ft. 7 d. Nonresidential Front Façade Entry Requirements i. A Front Façade shall be articulated and designed to present a distinctive entry presence, emphasizing the building’s entry point along the façade. ii. Each building shall provide a sheltered entry. e. Nonresidential Building Articulation Façade depth and height articulation shall be required on the front façade of a building, per the following: i. Depth articulation of at least three (3) feet shall be required for every thirty (30) feet of building façade length. Depth articulation applies only below the roofline. ii. Height articulation for flat roofs of at least five (5) feet shall be required for every fifty (50) feet of building façade length. Pitched roofs do not require height articulation. f. Tripartite Building Design/Composition i. Buildings shall incorporate a tripartite building composition (base, middle and top).

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ii. The tripartite shall be proportioned to the other elements of the tripartite and the overall structure.

Top

Middle

Base

Top

Middle

Base

Figure 11: Tripartite Building Design/Composition g. Roof Design Standards i. All structures shall be constructed with a pitched roof, flat roof with a parapet, true mansard roof, or any combination thereof. ii. All flat roof surfaces shall be screened from ground level views so that such roof surfaces are not visible. iii. Parking structure decks shall not be considered roofs. iv. Roofs of stairwells and elevator machine rooms and other similar spaces shall be exempt from roofing design standards so long as they are not visible from ground level. For the purpose of this paragraph, visible shall be defined as “capable of being seen at a height of six feet (6’) while standing at the highest grade on the property line.” h. Alternative Compliance for Design Standards A request for Alternative Compliance may be submitted and acted upon in accordance with Section 7.01 Alternative Compliance. The Planning Director may approve the following, based upon a finding that the proposed alternative is, at a minimum, equivalent to and meets the spirit and intent of this. i. Nonresidential Design Elements (a) Alternatives to the nonresidential design elements listed in Table 11. (b) Alternatives shall, in the determination of the Planning Director, produce a similar or greater level of architectural design than the elements listed in Table 11.

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ii. Nonresidential Building Articulation (a) Alternative articulation standards which differ from the requirement found in 4.06.B. 1.e may be approved. (b) Alternative articulation standards shall, in the determination of the Planning Director, produce a same or greater level of articulation than the requirement found in 4.06.B. 1.e. Residential Developments a. Single-Family Anti-Monotony Standards All new single-family residential developments shall have at least four (4) of the following seven (7) elements: i. Front Facades or Elevations No single front facade of a home may be duplicated within six (6) lots as measured along the curb line. ii. Front Wall Massing There shall be no uninterrupted wall length for fifteen (15) feet along any front façade of the dwelling unit. iii. Varying Front Setbacks Variations of the front setback of at least five (5) feet shall be required, building shall not be within the required front setback established within Dimensional Standards for Residential Districts. iv. Covered Front Porch (a) Percent of single-family units. No less than thirty-five (35) percent of the total number of single-family units in any platted block should contain a front covered porch that is permanently attached to and an integral part of the primary structure constructed of like and similar materials to those of the primary structure. (b) Front setback encroachment The front porch can be allowed to encroach into the minimum required front setback by eight (8) feet. (c) Minimum dimensions Each covered front porch shall be a minimum eighty (80) square feet and have a minimum depth from the primary structure of eight (8) feet.

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v. Architectural Relief Required Two-story single-family structures shall not have more than one side with fewer 2 outside corners. Outside corners shall be defined according to the following illustration. (a) Illustration of prohibited design.

Roof Lines Walls Outside Corner

A Two-Story Single-Family House

Figure 12: Architectural Relief Prohibited Design (b) Illustration of allowed design.

Roof Lines Architectural relief will be required by allowing only one Walls side of a two-story single-family house to have fewer than Outside Corner four (4) outside corners.

Figure 13: Architectural Relief Allowed Design vi. Architectural Focal Point One of the following architectural focal points should be incorporated into each housing unit. (a) Chimney The exterior veneer of a chimney constructed as part of or an extension to the exterior wall of a residential structure must be constructed of like or similar brick or other masonry material to that of the primary structure. The exterior veneer of chimneys shall not be constructed of wood or lumber products.

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(b) Window Enhancements The use of transoms, bay windows, stained glass, or other similar window enhancements. vii. Minimum Roof Pitch A minimum 5:12 roof pitch shall be required for each primary structure. b. Standards for Garages for Single-Family Units The placement of garages in a neighborhood can have a substantial impact on a neighborhood’s visual appearance. If alleys are not used in the design of a neighborhood, then driveways must be attached to the street. As a result, a smaller amount of space is available for on-street parking in smaller lot subdivisions. Typically, when no alley is present, a common design layout is for the garage to be placed facing the street. This design layout generally establishes the garage as the most dominant visual feature from the view of the street, and it generally does not contribute to the visual appeal of a neighborhood and does not conform to the image of quality neighborhoods established in the Comprehensive Plan. i. Applicability All Single-Family lots smaller than 10,000 sq. ft. in size or greater shall be exempt from this section. ii. Garage and driveway design option All applicable single-family units shall have one of the following driveway and garage configurations. (a) The driveway shall be designed in a letter “J” formation and connected to a garage with a side entrance as shown below.

Figure 14: Prohibited Garage Design

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Figure 15: J-Driveway with the Garage behind the House

Figure 16: J-Driveway with the Garage in the front of the House

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Figure 17: J-Driveway with the Garage in the Front and Side of the House

(b) The driveway is designed straight to a garage that is set back fifteen (15) feet from the front building line; or

Figure 18: Straight Driveway with the a 15’ Minimum Garage Setback from the Front Building Line

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Figure 19: Straight Driveway with Detached Garage

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iii. Enclosed spaces and driveway width Each single-family unit shall have a minimum of two (2) enclosed parking spaces with a minimum driveway width of sixteen (16) feet. iv. J-Drive Turning Radius and Backing Space Each j-drive shall have one of the following combinations of turning radius and backing space.

Figure 20: J-Drive Turning Radius and Backing Space

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Development Review Bodies Planning Director Responsibilities Table 13 is a summary of the Planning Director’s responsibilities within the Zoning Ordinance.

Table 13: Planning Director Responsibilities 4.01.B. 5 Approving Alternative Compliance for Landscape Requirements 4.06.B. 1.h Approving Alternative Compliance for Design Standards 7.08.B. 1.a Reviewing Site Plans Related to Rezoning Applications 7.08.B. 1.b Reviewing and Approving Site Plans Related to Building Permit Applications 7.09.D. 1 Approving a Minor PD Amendment and Adjustment 8.04.D. Approving a Vested Rights Determination

Building Official Responsibilities Table 14 is a summary of the Building Official’s responsibilities within the Zoning Ordinance.

Table 14: Building Official Responsibilities 7.08.B. 1.a Reviewing Site Plans Related to Rezoning Applications 7.08.B. 1.b Reviewing and Approving Site Plans Related to Building Permit Applications 3.04.A. 11.c.iv Approving alternative Outside Storage Standards

Planning and Zoning Commission Establishment The City’s Home Rule Charter establishes the standards governing the Planning and Zoning Commission within Article II (Municipal Planning and Zoning), Section 7.01 or as amended. Responsibilities Table 15 is a summary of the Planning and Zoning Commission’s responsibilities within the Zoning Ordinance.

Table 15: Planning and Zoning Commission Responsibilities

7.01.C. Recommending Alternative Compliance Appeal 7.04 Recommending Zoning Text and Map Amendments 7.08.B. 1.a Recommending Site Plans Related to Rezoning Applications 7.09 Recommending PD Application and Review 7.10 Recommending Specific Use Permit (SUP)

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City Council Establishment The City’s Code of Ordinances establishes the standards governing the City Council within Article II (Municipal Planning and Zoning), Section 7.01. Responsibilities Table 16 is a summary of the City Council’s responsibilities within the Zoning Ordinance.

Table 16 : City Council Responsibilities 7.01.C. Deciding Alternative Compliance Appeal 7.04 Approving Zoning Text and Map Amendments 7.08.B. 1.a Approving Site Plans Related to Rezoning Applications 7.09 Approving PD Application and Review 7.10 Approving Specific Use Permit (SUP)

Board of Adjustment Establishment Board Creation There is hereby created a Board of Adjustment consisting of five (5) members. Board Member Appointment, Term, and Removal a. Each Board of Adjustment member shall be appointed by the Mayor and shall be subject to confirmation by the City Council. b. Each Board member shall be appointed for a term of two (2) years and shall be removable for cause by the Mayor, subject to confirmation by the City Council, upon written charges and after a public hearing. c. Beginning with the next two appointments of members of the Board of Adjustment and the next two appointments of alternate members, the terms of such appointees shall be reduced by one year to allow for staggered terms. The remainder of members and alternate members shall be appointed as previously appointed members and alternate members, and all terms shall be for the period they would have been but for this amendment, except the reduction of one year as set forth in this section. Board Vacancies Vacancies shall be filled for the unexpired term of any member whose place becomes vacant for any cause, in the same manner as the original appointment was made. Board Quorum Requirement All cases to be heard by the Board of Adjustment require a minimum number of four (4) members. Board’s Alternate Membership a. The Mayor, subject to confirmation by the City Council, may appoint two (2) alternate members of the Board of Adjustment, who shall serve in the absence of one or more of the regular members when requested to do so by the Mayor. b. The alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two (2) years, and any vacancy shall be filled in the same manner and they shall be subject to removal the same as the regular members.

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Procedure The Board of Adjustment shall adopt rules to govern its proceeding provided, however, that such rules are not inconsistent with this Zoning Ordinance or the statutes of the State of Texas. Meetings of the Board shall be held at the call of the Chairman, and at such other times as the Board may determine. The Chairman, or if absent, the Acting Chairman, may administer an oath and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicate such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. Authority of Board Pursuant to Texas Local Government Code Section 211.009, the Board may: a. Hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of Zoning Ordinance; b. Hear and decide Zoning Special Exceptions to the terms of a Zoning Ordinance when the Zoning Ordinance requires the Board to do so; c. Authorize in specific cases a Zoning Variance from the terms of the Zoning Ordinance if the Zoning Variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the Zoning Ordinance is observed and substantial justice is done; and d. Hear and decide other matters authorized by any City code or ordinance. Actions of the Board Amend, Revise, or Reform a. In exercising its authority under Subsection 5.05.C. Authority of Board, the Board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the board has the same authority as the administrative official. b. Pursuant to Texas Local Government Code Section 211.009, the concurring vote of four (4) Board members (or at least seventy-five [75] percent of the Board members) is necessary to: i. Reverse an order, requirement, decision, or determination of an administrative official; ii. Decide in favor of an Applicant on a matter on which the Board is required to pass per this Zoning Ordinance; or iii. Authorize a Zoning Special Exception or Zoning Variance. Court Remedy a. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, or board of the municipality may present to a district court or county court a petition duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. b. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the Board and not thereafter.

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1. Responsibilities Table 17 is a summary of the Board of Adjustment’s responsibilities within the Zoning Ordinance.

Table 17 : Board of Adjustment Responsibilities

1.04.A. Boundary Delineations 7.11 Amortization of Nonconforming Uses 8.01 Zoning Regulation Appeal 8.02 Zoning Variance 8.03 Zoning Special Exception

Page 92 12/22/2016 8:08 PM City of Balch Springs: Zoning Ordinance Section 6. Zoning Application Submittal and Processing Procedures

Zoning Application Submittal and Processing Procedures General Application Processing Universal Application Contents Application Forms The City is hereby authorized to prepare Application Forms that include information requirements, checklists, architectural or engineering drawing sizes, the Applicant’s contact information, and any other information necessary to show compliance with City codes. Information for All Applications All Applications shall contain the following information and shall be signed stating that the Applicant believes the information contained therein is true to the best of his or her knowledge: a. Identification of property owner and authorized agent; b. Description of the property and the nature of the development that is the subject of the application; c. Identification of all zoning classifications for the property; d. Identification of all pending legislative applications for the property; e. Identification of decisions on all quasi-judicial or administrative Applications for the property that remain in effect; f. Identification of all accompanying Applications; g. Identification of all pending or accompanying requests for relief; h. Demonstration of compliance with prior approved permits; and i. Application signed by the owner of an interest in the land subject to the Application, or the owner's designated agent. All Application Forms are available from the Planning Director. Universal Application Fees Every Application shall be accompanied by the prescribed fees set forth in the adopted Fee Schedule. The prescribed fee shall not be refundable, except when the City Council waives the Application fee for resubmission of an Application that was denied. Payment of all Indebtedness Attributable to the Subject Property No Application shall be accepted or reviewed for completeness from a person who owes delinquent taxes, assessments, any fees, or is otherwise indebted to the City until the taxes, assessments, debts, or obligations shall have been first fully discharged by payment, or until an arrangement has been made for the payment of such debts or obligations. It shall be the Applicant's responsibility to provide evidence or proof that all taxes, fees, etc. have been paid, or that other arrangements have been made for payment of taxes, fees, etc. When applicable, proof of tax-exempt status shall be provided.

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Action by Planning Director Circulate and Compile Review Comments After the determination of completeness has been established, the Planning Director shall circulate the Application to all other administrative officials and departments whose review is required for a decision on the Application and shall compile the comments and recommendations of the officials. Decision Rendered, If Applicable For Applications where The Planning Director decides the approval or disapproval of an Application, he or she shall render a decision in the time prescribed for the applicable Application. Forward Application and Provide Notification a. In cases where the Planning Director does not decide an Application, the Planning Director shall forward the Application for review to the appropriate board/commission or City Council, and shall prepare a report to such board or commission, or the City Council, including the compilation of any comments and recommendations by other administrative officials. b. If applicable, the Planning Director also shall prepare required notices and schedule the Application for decision within the time (if any) and in the manner required by this Zoning Ordinance. Decision by the City Unless otherwise prescribed by State law, City Code, or City Charter, an Application shall be decided by majority vote of a quorum of the members of the board, commission, or the City Council. Conditions The City may attach such conditions to the approval of an Application as are reasonably necessary to ensure compliance with applicable requirements of this Zoning Ordinance. Pre-Application Meeting Purpose The Pre-Application Meeting is intended to allow for the exchange of non-binding information between the Applicant and City Staff to ensure that the Applicant is aware of pertinent City development regulations and processes. The Pre-Application Meeting provides an opportunity for the Applicant and City Staff to discuss major development considerations such as utilities, roadways, drainage concerns, Comprehensive Plan elements, specific neighborhood characteristics, and historic information. This exchange of information is intended to promote an efficient and orderly review process. Pre-Application Conference before the Submission of Plans and Applications Prior to formal submittal of any required plan or Application, the Applicant is encouraged to consult with the Planning Director, the Building Official, and any other pertinent City Staff in order for the Applicant to become familiar with the City’s development regulations and the development process. At the Pre-Application Meeting, the Applicant may be represented by his/her land planner, engineer, surveyor, or other qualified professional.

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Complete Applications Applicability The following procedures shall apply to any zoning related plan or Application that is required by the City and is submitted in accordance with this Zoning Ordinance. Determination of Completeness for Zoning Related Applications Every required Application shall be subject to a determination of completeness by the Planning Director for processing the Application. Acceptance Standards The Application shall only be accepted by the Planning Director for processing when it is accompanied by all documents required by, and prepared in accordance with, the requirements of this Zoning Ordinance. A typographical error shall not, by itself, constitute an incomplete Application. Acceptance shall not Constitute Compliance A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Zoning Ordinance.

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Development Review Procedures Alternative Compliance Purpose & Applicability Purpose This subsection establishes a provision for Alternative Compliance associated with the review and approval of a development or redevelopment project, including improvements to existing on-site structures or existing site features, as required in 7.01.A. 2 Applicability below. The purpose of the Alternative Compliance process is to ensure that: a. A proposed project is in compliance with this Zoning Ordinance to the greatest extent appropriate for the improvements being undertaken, b. A proposed project meets requirements that are appropriate for lots or sites and site-specific development or redevelopment challenges by applying a flexible approval procedure, c. A proposed redevelopment or development project enhances the site, and therefore, the overall built environment of the City, and d. To allow for different standards that are in agreement with the City’s Comprehensive Plan and will produce a substantially equivalent effect or enhanced level of results as intended by the original development standards. Applicability a. A request for Alternative Compliance from certain provisions, as specifically cited within this Zoning Ordinance, may be submitted for review and approval along with the Site Plan for a project, or along with the project’s initial development Application (as applicable for the project). b. All Alternative Compliance requests shall be clearly delineated graphically or in narrative format, as appropriate, on the Site Plan (or on the project’s initial development application), including a reference to the specific section within this Zoning Ordinance that allows consideration of such alternative standard(s). c. The applicable zoning district standards for a project shall not be reduced or varied using the Alternative Compliance process unless such standard(s) is specifically cited as qualifying for Alternative Compliance consideration in its respective section of this Zoning Ordinance. d. Review and Approval Using the Site Plan review process, the Planning Director shall approve a request for Alternative Compliance for the following sections: Table 18: Approval for Alternative Compliance Section Title 4.01.B. 5 Approving Alternative Compliance for Landscape Requirements 4.06.B. 1.h Approving Alternative Compliance for Design Standards

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Alternative Compliance Evaluation Criteria The Alternative Compliance standard(s) being sought shall be in agreement with, and shall promote, the recommendations and policies within the City’s Comprehensive Plan. The proposed standard(s) does not reduce a standard unless it is, to the greatest extent practical, equally mitigated or improved by increasing standards of other requirements. The proposed standard(s) do not attempt to modify the land uses allowed in the zoning district in which the subject property is located, nor does the proposed standard(s) attempt to add a land use not normally allowed in the zoning district. Alternative Compliance Appeal An applicant may appeal the Planning Director’s decision within thirty (30) calendar days. The appeal shall first obtain a recommendation from the Planning and Zoning Commission. After a recommendation from the Planning and Zoning Commission, the City Council may either affirm, reverse, or modify the Planning Director’s decision.

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Public Hearings and Notification Requirements for Zoning Related Applications Applications Requiring Public Hearing for Zoning Related Applications a. Zoning Map Amendment (Rezoning), see Section 7.04.A. 1; b. Zoning Text Amendment, see Section 7.04.A. 2; c. Planned Development (PD) Steps for Creation and Development, see Section 7.09.C. ; d. Specific Use Permit (SUP), see Section 7.10; e. Amortization of Nonconforming Uses, see Section 7.11; f. Zoning Regulation Appeal, see Section 8.01; g. Zoning Variance, see Section 8.02; and h. Zoning Special Exception, see Section 8.03. Review Bodies and the Associated Public Hearings per Zoning Application Type Public hearings shall be conducted for each review body per plan or Application type according to the following table.

Table 19: Review Bodies and the Associated Public Hearings per Zoning Application Type

Planning and City Board of Application Type Zoning Council Adjustment Commission Zoning Map Amendment (Rezoning) Hearing Hearing Zoning Text Amendment Hearing Hearing Planned Development (PD) Steps for Creation and Development Hearing Hearing Specific Use Permit (SUP) Hearing Hearing Amortization of Nonconforming Uses Hearing Zoning Regulation Appeal Hearing Zoning Variance Hearing Zoning Special Exception Hearing

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Public Notice Requirements for Public Hearings for Zoning Related Applications Listed below are the zoning related Applications requiring public Notice. a. Zoning Map Amendment (Rezoning), see Section 7.04.A. 1; b. Zoning Text Amendment, see Section 7.04.A. 2; c. Planned Development (PD) Steps for Creation and Development, see Section 7.09.C. ; d. Specific Use Permit (SUP), see Section 7.10; e. Amortization of Nonconforming Uses, see Section 7.11; f. Zoning Regulation Appeal, see Section 8.01; g. Zoning Variance, see Section 8.02; and h. Zoning Special Exception, see Section 8.03. Required Public Notice for Zoning Related Plans and Applications Public notices shall be required according to the following table.

Table 20: Public Notice Requirements for Public Hearings for Zoning Related Applications

Property Posted Published Mailed Application Type (Sign) Notice Notice Notice Zoning Map Amendment (Rezoning) Required Required Required Zoning Text Amendment Required Planned Development (PD) Steps for Creation and Development Required Required Required Specific Use Permit (SUP) Required Required Required Amortization of Nonconforming Uses Required Required Required Zoning Regulation Appeal Required Required Zoning Variance Required Required Zoning Special Exception Required Required

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Types of Notice a. Postings of Signs on Property The City Manager shall maintain an inventory of signs to fulfill the notification requirements listed in Table 20: Public Notice Requirements for Public Hearings for Zoning Related Applications. b. “Published Notice” and “Mailed Notice” of Public Hearings for Zoning Changes Involving Real Property i. Published Notice (a) Notice of the public hearing to occur before the City Council shall be accomplished by publishing the purpose, time and place of the public hearing in the official newspaper of the City before the fifteenth (15th) calendar day prior to the date of the public hearing. ii. Mailed Notice (also referred to as “Written Notice”) (a) Written notice of the public hearing before the Planning & Zoning Commission shall be sent to all owners of property, as indicated by the most recently approved City tax roll, that is located within the area of application and within two hundred (200) feet (200) of any property affected thereby, said written notice to be sent before the tenth (10th) calendar day prior to the date such hearing is held. (b) Said written notice shall be served by using the last known address as listed on the most recently approved tax roll and depositing the notice, postage paid, in the regular United States mail. (c) If written notice as required is not sent before the tenth (10th) calendar day prior to the date of the hearing, then the hearing must be delayed until this notice requirement is met. Such notice shall include: Legal description of the property and the street address or approximate location within the City. Present zoning classification of the property and the zoning sought by the applicant. If not a rezoning, then the nature or intent of the application shall be described. The date, time, and place of hearing. The web site that contains the zoning map and information regarding the rezoning; The phone number where questions may be answered; and Other information as may be necessary to provide adequate and timely public notice. c. “Published Notice” of Public Hearing for Zoning Changes Involving Regulation Text i. For requests involving proposed changes to the text of the zoning regulations, notice of the City Council public hearing shall be accomplished by publishing the purpose, time, and place of the public hearing in the official newspaper of the City before the fifteenth (15th) calendar day prior to the date of the public hearing. ii. Changes in the zoning text that do not change zoning district boundaries (i.e., that do not involve specific real property) do not require mailed/written notification to individual property owners.

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d. “Published Notice” and “Mailed Notice” of an Appeal of a City Administrative or Interpretative Decision to the Board of Adjustment i. For an Appeal of a City Administrative or Interpretative Decision, the Board of Adjustment shall fix a reasonable time for the hearing of an appeal, give the public notice by written notice in the mail addressed to all owners of real property located within two hundred feet (200’) of the property on which the appeal is made, and by publication of notice of such hearing in the City’s official newspaper. ii. Both the written/mailed and published notice shall be given at least ten (10) days prior to the date for the hearing. iii. Upon the hearing, any party may appear in person or by attorney or by agent. e. Dual Notification of Planning and Zoning Commission Public Hearing(s) and City Council Public Hearing(s) The City may, at its option, publish the required zoning change notifications in conformance with Chapter 211 of the Texas Local Government Code for public hearings for the Planning and Zoning Commission and the City Council at the same time; said notifications must be published fifteen (15) days prior to the Planning and Zoning Commission public hearing and fifteen (15) days prior to the City Council public hearing. f. Additional Rules and Procedures Established i. The City Council may, at its option, establish additional rules and procedures for public notification of proposed zoning changes and development proposals (e.g., required plans, plats, etc.) which may include, but not be limited to, the posting of a sign(s) on any property that is proposed for a zoning change or development by the Applicant or its agent(s). ii. Knowledge of and adherence to such rules and procedures, if so established by the City, shall be the responsibility of the Applicant and shall be required as part of a zoning change or development Application. g. Special Notice Pursuant to Texas Local Government Code Section 211.007(d), the City Council may, by a two-thirds vote, prescribe the type of notice to be given of the time and place of a public hearing held jointly by the City Council and the Planning and Zoning Commission.

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Zoning upon Annexation Timing Proceedings to establish the initial zoning of land being considered for annexation into the City shall occur jointly with annexation procedures, but shall occur as a separate and distinct action by the City Council. Annexation Precedes Zoning City Council shall adopt the annexation ordinance prior to adoption of an ordinance for zoning. Zoning Text and Map Amendments Two Types of Zoning Amendments Zoning Map Amendment (Rezoning) A Zoning Map Amendment (Rezoning) is a change or modification to the boundaries of any zoning district within the City’s Official Zoning District Map. Zoning Text Amendment A Zoning Text Amendment is the change of the text within this Zoning Ordinance and does not include change or modification to the boundaries of any zoning districts. Approval Authority and Report Requirement for Zoning Amendments Zoning Amendments Require City Council Approval The City Council may, from time to time, amend, supplement or change by ordinance the boundaries of the districts (i.e., Zoning Map Amendment (Rezoning)) or the regulations herein established (i.e., Zoning Text Amendment) as provided by the Statutes of the State of Texas. Zoning Amendments Require a Planning and Zoning Commission Report Before taking action on any proposed amendment, the City Council shall submit the amendment to the Planning and Zoning Commission for its report, with the exception of procedural and administrative amendments that do not affect development standards within Section 2, Section 3, or Section 4. Zoning Amendments that do not require a Planning and Zoning Commission Report No Planning and Zoning Commission report is required for procedural or administrative amendments to this Zoning Ordinance. However, the City Council may submit these amendments to the Planning and Zoning Commission for a report if the City Council desires. Planning and Zoning Commission Report and Public Hearings Pursuant Texas Local Government Code 211.007, the Planning and Zoning Commission shall make a preliminary report and hold public hearings on that report before submitting a final report to the City Council. The City Council may not hold a public hearing until it receives the final report of the Planning and Zoning Commission unless the City Council by ordinance provides that a public hearing is to be held, after the notice required by Section 211.006(a), jointly with a public hearing required to be held by the Planning and Zoning Commission. In either case, the City Council may not take action on the matter until it receives the final report of the Planning and Zoning Commission. In cases where it is required to provide a report (see 7.04.B. 2 and 7.04.B. 3 for report details), the Planning and Zoning Commission shall hold a public hearing on an Application for a zoning amendment or change (i.e., a Zoning Map Amendment (Rezoning) or Zoning Text Amendment) prior to making its report to the City Council.

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In the case of a Zoning Map Amendment (Rezoning): a. Written notice of all public hearings before the Planning and Zoning Commission on a proposed amendment or change shall be sent to all owners of real property within two hundred (200) feet of the property on which the change is requested. b. Notice shall be given before the tenth (10th) day before the date set for hearing by posting such notice, properly addressed and postage paid, to each taxpayer as the ownership appears on the last approved City tax roll or County tax roll for the area affected. City Council Public Hearing Required A public hearing shall be held by the City Council before adopting any proposed amendment. Before the 15th day before the date of the hearing, notice of the time and place of the hearing must be published in the official newspaper or a newspaper of general circulation in the City. The City Council shall not hold its public hearings or take action on any Zoning Map Amendment (Rezoning) or Zoning Text Amendment until it has received the report from the Planning and Zoning Commission. Three-Fourths City Council Vote Required for Protested Amendments If any of the following conditions exist, then amendments shall not become effective except by a three-fourths (3/4) vote of the governing body. a. A protest such proposed amendment has been filed at least three (3) calendar days before the date of the public hearings with the City Secretary by one of the following types of protesters: i. Interior Protesters: (a) The property owners, duly signed and acknowledged, of twenty (20) percent or more of the lots or land area included within a proposed amendment boundary. ii. Exterior Protesters: (a) The property owners, duly signed and acknowledged, of twenty (20) percent or more of the lots or land area within a two hundred (200) foot radius of the exterior boundary of the area included in a proposed amendment.

Figure 21: Calculation for Exterior Protestors Consistency between Zoning Map Amendments and the Comprehensive Plan Consistency between a zoning map amendment and the comprehensive plan shall be required, or the comprehensive plan shall be amended until consistency is achieved.

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Platting Property Not Zoned The City shall not approve any Plat of any subdivision within the City Limits until the area covered by the proposed Plat has been zoned by the City Council, as described in 7.03 Zoning upon Annexation. Creation of Building Site Conditions Required for Building Site, Tract, or Lot Creation No permit for the construction of a building or buildings upon any tract or plot shall be issued until a building site, building tract, or building lot has been created by compliance with one of the following conditions. Approved Plat of Record The lot or tract is part of a Plat of record, properly approved by the City, and filed with the County. Approved Site Plan The Plat or tract is all or part of a Site Plan officially approved by the City, and compliance has been made with provisions and improvements approved on such Site Plan for all utility and drainage easements, dedication of streets, alleys and other public improvements required to meet the standards established for the platting of land. Housing with public funds shall be exempt from this Section 7.06. Building Permit Issuance Requires a Plat of Record A Plat of record shall be created prior to the issuance of a Building Permit. Certificates of Occupancy and Compliance Certificates of Occupancy Required Certificates of Occupancy shall be required for any of the following: a. Occupancy and use of vacant land, except agricultural use; b. Occupancy and use of a Building hereafter erected or structurally altered; c. Change in use of an existing Building to a use of a different classification; d. Change in use of land to a use of a different classification; e. Change in ownership of a business; f. Any change in the use of a nonconforming use; and g. Any use in existence with an annexation request. Certificate of Occupancy Required from Building Official. No such use, or change of use, shall take place until a Certificate of Occupancy has been issued by the Building Official. Procedure for New or Altered Buildings Written Application Written application for a Certificate of Occupancy for a new Building or for an existing Building which is to be altered shall be made at the same time as the application for the Building Permit for such building. Timing of Certificate Issuance Said Certificate shall be issued within fourteen (14) calendar days after a written request for the

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same has been made to said Chief Building Official or his agent after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this Ordinance. Procedure for Vacant Land or a Change in Building Use Written Application Written application for a Certificate of Occupancy shall be made to the Building Official for review according to 7.06 Creation of Building Site for the following: a. The use of vacant land, b. For a change in the use of land or a building, or c. For a change in a nonconforming use to a conforming use. Timing of Certificate Issuance If the proposed use is in conformity with the provisions of this Ordinance, the Certificate of Occupancy therefore shall be issued within fourteen (14) calendar days after the completed application for same has been made. The City shall not issue the CO where City taxes are delinquent. Contents of a Certificate of Occupancy Building and Proposed Use Every Certificate of Occupancy shall state that the building or the proposed use of a building or land complies with all provisions of the building and fire laws and Ordinances. Record of Certificates of Occupancy A record of all Certificates of Occupancy shall be kept in file on the office of the Chief Building Official or his agent and copies shall be furnished upon request to any person having proprietary or tenancy interest in the building or land affected.

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Site Plan Requirements Purpose Through Site Plan review, zoning standards and other applicable municipal standards or ordinances that may apply to specific site development can be uniformly implemented by the City for townhome, multi-family, and nonresidential development. The purpose of the Site Plan process is to: a. Ensure compliance with adopted City development regulations and other applicable regulations that apply to the property for which the City has enforcement responsibility; b. Promote safe, efficient and harmonious use of land through application of City-adopted design standards and guidelines; c. Promote the vision established by the Comprehensive Plan; d. Ensure adequate public facilities to serve development; e. Coordinate and document the design of public and private improvements to be constructed; f. Prevent or mitigate adverse development impacts, including overcrowding and congestion; g. Aid evaluation and coordination of land subdivision, including the granting of easements, Right-of-Way, development agreements and provision of surety; h. Identify and address environmental concerns (floodplain, drainage, trees, topography, etc.); and i. Promote the public health, safety and welfare. Applicability Processing and Timing: Two Different Types of Site Plans Exist a. Site Plans Related to Rezoning Applications A site plan is required for an Application for: i. MF-16, Multiple-Family Dwelling District ii. MF-24, Multiple-Family Dwelling District iii. Specific Use Permit (SUP) iv. PD, Planned Development District b. Site Plans Related to Building Permit Applications No Building Permit shall be issued for any applicable developments or any on-site construction/development activity shall occur unless a Site Plan is first approved by the Planning Director and Building Official. Public Hearings A public hearing on a Site Plan is not required unless a site plan is prepared in conjunction with a Zoning Map Amendment (Rezoning) Application. Effect No Certificate of Occupancy and Compliance shall be issued unless all construction and development conform to the Site Plan as approved by the City.

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Approval and Process Site Plans Related to Rezoning Applications The approval of a Site Plan related to a rezoning Application requires the following: a. Review by the Planning Director and Building Official, b. A recommended action by Planning and Zoning Commission for the Council’s consideration, and c. Approval by the City Council. Site Plans Related to Building Permit Applications The approval of a Site Plan related to a Building Permit or construction/development Application for townhome, multi-family, and nonresidential development requires the following: a. Review by the Planning Director and Building Official, and b. Approval by the Planning Director and Building Official. Site Plan Exempted Development The following types of development are exempted from the requirements of this 7.08: Site Plan Requirements. Agricultural buildings; and A Temporary Building for New Construction as permitted by 3.03 Use Chart. Submission of Site Plan Applications Coordinating Official Applications for approval of plans required by this Section 7.08.G. Site Plan must be submitted to the: a. The Planning Director for Site Plans Related to Rezoning Applications or, b. The Building Official for Site Plans Related to Building Permit Applications. Calendar of Official Processing Dates A calendar of official processing dates for items requiring City review, Planning and Zoning Commission recommendation, and City Council approval pursuant to this Section 7.08 Site Plan Requirements shall be created by the City each calendar year. Fees and Forms Schedule of Fees The fees relating to the Site Plan approval process shall be established by the Fee Schedule. a. Forms and Standards The Planning Director shall establish forms and standards with regard to the content, format and number of copies of information constituting an Application for a Site Plan.

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Site Plan Site Plan Application Procedure and Requirements a. Site Plan Pre-Application Meeting i. Before preparing a Site Plan, the Applicant may meet with the Planning Director or Building Official to allow the Applicant to learn the general procedures for approval and to review the concept of the proposed development, if desired by Applicant. ii. No Application for a permit may be submitted to or accepted for filing during the meeting. b. Site Plan General Application The property owner or authorized agent shall file an Application for the approval of a Site Plan. This Application shall include the information listed on the Site Plan Application Form, which shall be created and maintained by the Planning Director. c. Site Plan Additional Information The following plans may be required with a Site Plan Application and approval is necessary prior to final authorization for development: i. Final Plat or Replat, ii. Engineering plans or Construction Plans, iii. Traffic Impact Analysis, if applicable, iv. Façade Plan, if required, v. Landscape plans, if required, vi. Flood Study, if required, and vii. Other approvals as required by ordinance or resolution. d. Site Plan Standards of Approval i. Site Plan Approval (a) The City Council and Planning Director shall use the review and approval process outlined in Section 7.08.C. 1 (rezoning applications) and may approve, conditionally approve, or deny a Site Plan based upon the criteria listed below. (b) The Planning Director and Building Official shall use the review and approval process outlined in Section 7.08.C. 2 (building permit applications) and shall approve, conditionally approve, or deny a Site Plan based upon the criteria listed below. ii. Approval Criteria (a) Compliance with the Zoning Ordinance regulations and other applicable regulations and previously approved, valid plans for the property. (b) The City shall not take action on a Site Plan for property where City taxes are delinquent. e. Site Plan Effect i. Approval of a Site Plan in association with a rezoning application is the City's authorization to apply for or for the issuance of Building Permits, depending on the specific case. ii. During the time the Site Plan remains valid, the City shall not apply any additional requirements concerning building placement, streets, drives, parking, landscaping or screening.

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iii. Except where authorized by ordinance, a Site Plan may not be used to approve a variance to development regulations. iv. Where an approved plan conflicts with an adopted regulation and no zoning variance or zoning special exception is expressly approved, the regulation shall apply. f. Site Plan Lapse i. Two (2) Year Effective Period (a) The approval of a Site Plan shall be effective for a period of two (2) years from the date of filing of the Application. ii. Expired Site Plans (a) Upon expiration of a Site Plan, the Applicant shall be required to submit a new Site Plan subject to the then existing regulations (see 7.08.G. 1 Site Plan Application Procedure and Requirements). (b) Site Plan approval shall expire upon completion of the improvements shown on the plan. Permits must remain valid during the construction process. (c) Subsequent additional development, site modifications and redevelopment shall be considered a new project subject to the then existing ordinances, laws and regulations of the City. Revocation of Site Plan Approval The City Council may revoke approval of a Site Plan if it determines that the conditions of the approval have not been met or if the plan contains, or is based upon, incorrect information or if it is determined that it was obtained using fraud or deceit. Compliance with other City Regulations Required Compliance with the following design standards and specifications, as may be amended, is required in addition to the design standards and specification set forth in this Zoning Ordinance: Subdivision Regulations; Fire Code; Engineering Standards; Building Code; and Any additional design standards and specifications approved by the City Council.

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PD Application and Review General PD, Planned Development District Establishment An Application for a PD, Planned Development District shall be made to the Planning and Zoning Commission and City Council in the same manner that an Application for any Zoning Map Amendment (Rezoning) is made. Submission of PD Related Plats and Site Plans Shall Occur After PD Establishment The subsequent Applications for Plats and Site Plans within an established PD, Planned Development District shall be reviewed and approved separately and independently in accordance with established procedures. Land Area Requirement for PD, Planned Development Districts See 2.17.G. Minimum Land Area Requirement for area requirements. Planned Development (PD) Overview In order to develop land in a PD, the Applicant shall follow a five (5) step procedure, as follows: a. Pre-Application Meeting, as outlined in 6.02 Pre-Application Meeting. b. Zoning Map Amendment (Rezoning) Application with the submission and approval of PD, Planned Development District, which includes the: i. PD Design Statement and ii. PD Concept Design Map. c. Preliminary Plat, if subdivision occurs and where required by the City’s Subdivision Regulations. d. Final Plat, if subdivision occurs and where required by the City’s Subdivision Regulations. Application for building permit and Site Plan review. Approvals Needed before Proceeding a. Each required step shall be completed and approved before the following step is reviewed. b. Where appropriate, other methods authorized in the City’s Subdivision Regulations may be substituted in Step 3. Preliminary Plat and Step 4. Final Plat , such as an minor plat or amending plat. c. The Planning and Zoning Commission and City Council may, however, review more than one step at the same public hearing. Public Hearings (Rezonings and Plats) a. Public hearings shall be held on the Zoning Map Amendment (Rezoning) Application and the Planned Development Master Plan in accordance with regular procedures for zoning Applications. b. Public hearings on required Plats (if any) shall be held in accordance with regular procedures established in the City’s Subdivision Regulations.

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Planned Development (PD) Steps for Creation and Development Step 1. Pre-Application Conference Review a. At least ten (10) business days prior to submission of an Application for Zoning Map Amendment (Rezoning) to a PD, Planned Development District, the Applicant shall submit to the Planning Director a sketch plan, drawn to approximate scale, showing streets, lots, public areas, and other significant features. The Applicant shall execute an acknowledgement that the Pre-Application Meeting does not initiate a vested right. b. The Applicant should discuss with the Planning Director the procedure for adopting a PD, Planned Development District and the requirements for the general layout of streets and utilities, access to arterials, or general design and narrative, the availability of existing services, and similar matters. c. The Planning Director shall also advise the Applicant, where appropriate, to discuss the proposed PD, Planned Development District with those officials charged with responsibility to review the various aspects of the proposal coming within their jurisdiction. d. The intent of Step 1. Pre-Application Conference Review is to expedite and facilitate the approval of a Planned Development Master Plan. Step 2. PD Application for Rezoning and Planned Development Master Plan a. Procedures and Requirements i. The PD Zoning Map Amendment (Rezoning) Application shall be filed in accordance with regular procedures and on Application Forms of the City. ii. The Planned Development Master Plan, which is submitted with the Application for rezoning, shall consist of a PD Design Statement and a PD Concept Design Map. iii. The Applicant shall also provide other supporting maps as necessary to meet the submission requirements of this Zoning Ordinance. b. PD Design Statement The PD Design Statement shall be a written report submitted as a part of the Planned Development Master Plan containing a minimum of the following elements: i. Title of PD; ii. List of the owners and/or Developers; iii. Statement of the general location and relationship to adjoining land uses, both existing and proposed; iv. Description of the PD concept, including an acreage or square foot breakdown of land use areas and densities proposed, a general description proposed, a general description of building use types, proposed restrictions, and typical site layouts; v. The existing PD zoning districts in the development area and surrounding it; vi. Selection of one conventional zoning district as a base zoning district to regulate all uses and development regulations not identified as being modified (multiple base zoning districts may be selected to accommodate a mixture of land uses in different geographic areas); vii. A list of all applicable special development regulations or modified regulations to the base zoning district; plus a list of requested variances or waivers to the Subdivision Regulations or other applicable development regulations; viii. A statement identifying the existing and proposed streets, including Right-of-Way standards and street design concepts;

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ix. The following physical characteristics: elevation, slope analysis, soil characteristics, tree cover, and drainage information; x. A topographic map with minimum five (5) foot contour intervals; xi. Drainage information, including number of acres in the drainage area and delineation of applicable flood levels; xii. A statement of utility lines and services to be installed, including lines to be dedicated to the City and which will remain private; xiii. The proposed densities, and the use types and sizes of structures; and xiv. A description of the proposed sequence of development. c. PD Concept Design Map i. The PD Concept Design Map shall be a graphic representation of the development plan for the area of a PD, Planned Development District. ii. The Planning Director shall establish an Application Form outlining all requirements of the PD Concept Design Map and shall be responsible for maintaining and revising the Application Form. d. Approval of the Planned Development Master Plan i. Upon final approval by the City Council of the Planned Development Master Plan and the appropriate ordinance of rezoning, these elements shall become a part of the 1.03 Zoning District Map. ii. The ordinance of rezoning shall adopt the Planned Development Master Plan by reference, and it shall be attached to said ordinance and become a part of the official records of the City. e. Expiration of Planned Development Master Plan i. If, after two (2) years from the date of approval of a Planned Development Master Plan, no substantial development progress has been made within the PD, then the Planned Development Master Plan shall expire. (a) If a Planned Development Master Plan expires, a new Planned Development Master Plan must be submitted and approved by the City Council. ii. The Planning Director may grant a two (2) year extension of a Planned Development Master Plan. At the end of the two (2) year extension, a second extension may be given by the Planning Director for up to one (1) year. iii. An extension shall be granted if a development Application for the PD has been submitted and is undergoing the development review process or if the Planning Director determines development progress is occurring. f. Use and Development of the Property i. The Planned Development Master Plan shall control the use and development of the property, and all building permits and development requests shall be in accordance with the plan until it is amended by the City Council. ii. The Developer shall furnish a reproducible copy of the approved PD Concept Design Map for signature by the mayor and acknowledgement by the City Secretary. iii. The Planned Development Master Plan, including the signed map and all supporting data, shall be made a part of the permanent file and maintained by the City Secretary.

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Step 3. Preliminary Plat a. If the subdivision of land is to occur, then after City Council approval of the Zoning Map Amendment (Rezoning) with the associated Planned Development Master Plan, the Developer shall prepare a Preliminary Plat for the entire development area. b. Where a recorded Plat exists and where there will be no extensive easements, no Homeowners’ or Property Owners’ Associations, no plat restrictions, and no sale of lots that do not conform to the platted lot lines, the City Council may waive the platting requirement. Step 4. Final Plat a. Where a subdivision Plat is required, the Developer shall prepare a final plat for review, approval, and filing of record according to procedures established by the City Council. In addition to these procedures, the final plat shall include: i. Provisions for the ownership and maintenance of common open space and detention/retention ponds. Said open space shall be dedicated to a private association or dedicated to the public provided that a dedication to the public shall not be accepted without the approval of the City Council. ii. A Homeowners’ or Property Owners’ Association shall be created if other satisfactory arrangements have not been made for improving, operating, and maintaining common facilities, including Usable Open Space, private street drives, fire lanes, service and parking areas, and recreation areas. b. If no Plat is required, then proof of the items identified in subparagraphs 7.09.C. 4.a.i and ii above shall be submitted and approved as a part of the Planned Development Master Plan at the time the Zoning Map Amendment (Rezoning). Step 5. Site Plan a. A Site Plan shall be submitted upon the Application for a building permit and reviewed in accordance with procedures established in 7.08.G. Site Plan. Planned Development (PD) Modifications Minor PD Amendment and Adjustment The Planning Director may approve or defer to the City Council consideration a Minor PD Amendment and Adjustment to the Planned Development Master Plan provided all of the following conditions are satisfied: a. The project boundaries are not altered. b. Uses other than those specifically approved in the Planned Development Master Plan are not added. Uses may be deleted but not to the extent that the character of the project is substantially altered from the character described within the PD Design Statement. c. The allocation of land to particular uses or the relationship of uses within the project are not substantially altered. d. The density of housing is not increased more than ten (10) percent or decreased by more than thirty (30) percent. e. The land area allocated to nonresidential uses is not increased or decreased by more than ten (10) percent. f. Floor Area, if prescribed, is not increased or decreased by more than ten (10) percent. g. Floor Area ratios, if prescribed, are not increased. h. Open space ratios, if prescribed, are not decreased.

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Planning Director Approval a. The Planning Director shall determine if proposed amendments to an approved Planned Development Master Plan satisfy the above criteria. b. If the Planning Director finds that these criteria are not satisfied, an amended Planned Development Master Plan shall be submitted for full review and approval according to the procedures set forth in these regulations. Reversion Property Owner Request a. If the property owner decides to abandon the PD concept and nullify the Planned Development Master Plan, he shall make Application for rezoning either to the original status or to a new classification. b. Said Application shall be heard according to regular procedures by the Planning and Zoning Commission and City Council.

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Specific Use Permit (SUP) General Description and Authorization The uses listed under the various districts as Specific Use Permit (SUP) are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district. Consideration for Compatibility With consideration given to setting, physical features, compatibility with surrounding land uses, traffic, and aesthetics, certain uses may locate in an area where they will be compatible with existing or planned land uses. Review and approval The Planning and Zoning Commission shall review each case on its own merit, apply the criteria established herein, and recommend either approval or denial of the Specific Use Permit (SUP) to the City Council.

Following the Planning and Zoning Commission’s recommendation, the City Council shall review each case on its own merit, apply the criteria established herein, and, if appropriate, authorize said use by granting a Specific Use Permit (SUP). Use Identified by Individual Zoning District If a Specific Use Permit (SUP) is granted it shall be for all the uses permitted in the specified district plus the Specific Use Permit (SUP) requested. Application Application and public hearing procedures for a special permit shall be completed in the same manner as an Zoning Map Amendment (Rezoning). A Site Plan shall be included with the application as outlined in Criteria for Special Permit Approval. Special Use Permit Criteria The City Council shall use the following criteria to evaluate a Specific Use Permit (SUP): a. Whether the proposed use shall be in harmony with the policies of the Comprehensive Plan. b. Whether the proposed use shall be in harmony with the general purpose and intent of the applicable zoning district regulations. c. Whether the proposed use shall not adversely affect the use of neighboring properties. d. Whether the proposed use shall not generate pedestrian and vehicular traffic that is hazardous or in conflict with the existing and anticipated traffic in the neighborhood. e. Whether utility, drainage, parking, loading, signs, lighting access and other necessary public facilities to serve the proposed use shall meet the adopted codes of the city. Specific Conditions The City Council may impose specific conditions regarding location, design, operation, and screening to assure safety, to prevent a nuisance, and to control the noxious effects of excessive sound, light, odor, dust or similar conditions.

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Status of Special Use Permits Once a Specific Use Permit (SUP) has been granted for a lot, said Specific Use Permit (SUP) may not be expanded to another lot without application for a new Specific Use Permit (SUP).

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Amortization of Nonconforming Uses City Council Initiation of Amortization Case Only the City Council, by majority vote, may request that the Board of Adjustment consider establishing a compliance date for a Nonconforming Use. Board of Adjustment Decision of Amortization Case Per the authorization of City Council (Section 7.11.A. ), the Board of Adjustment may require the discontinuance of a Nonconforming Use under any plan whereby the full value of the use’s structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the zoning regulations. All actions to discontinue a Nonconforming Use shall be taken with due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the nonconforming use and the conservation and preservation of property. Public Hearing Process Upon receiving a request under 7.11.A. from the City Council, staff shall schedule the First Public Hearing before the Board. The Board may establish a compliance date only after holding two separate public hearings. First Public Hearing The Board shall hold a public hearing to determine whether continued operation of the Nonconforming Use will have a significant adverse effect on nearby properties. If, based on the evidence presented at the public hearing, the Board determines that continued operation of the Nonconforming Use will have a significant adverse effect on nearby properties, it shall schedule a second public hearing to establish a compliance date for the Nonconforming Use; otherwise, it shall not. In determining whether the continued operation will have a significant adverse effect on nearby properties, the Board shall consider the following factors: a. The character of the surrounding neighborhood. b. The degree of incompatibility of the use with the zoning district in which it is located. c. The manner in which the use is being conducted. d. The hours of operation of the use. e. The extent to which continued operation of the use may threaten public health or safety. f. The environmental impacts of the use's operation, including but not limited to the impacts of noise, glare, dust, and odor. g. The extent to which public disturbances and nuisances may be created or perpetuated by continued operation of the use. h. The extent to which traffic or parking problems may be created or perpetuated by continued operation of the use. i. Any other factors relevant to the issue of whether continued operation of the use will adversely affect nearby properties. j. To the extent the nonconforming use impacts the value and marketability of the abutting and surrounding properties or neighborhood.

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Second Public Hearing a. If the Board has determined in the first public hearing that the Nonconforming Use has an adverse effect on nearby properties, it shall hold a second public hearing to set a date for compliance. The Board shall, in accordance with the law, provide a compliance date for the Nonconforming Use under a plan whereby the owner's actual investment in the use before the time that the use became nonconforming can be amortized within a definite time period. The following factors must be considered by the Board in determining a reasonable amortization period: i. The owner's capital investment in structures, fixed equipment, and other assets (excluding inventory and other assets that may be feasibly transferred to another site) on the property before the time the use became nonconforming. ii. Any costs that are directly attributable to the establishment of compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages. iii. Any return on investment since inception of the use, including net income and depreciation. iv. The anticipated annual recovery of investment, including net income and depreciation. v. A reasonable closeout and termination period for the nonconforming use. b. If the Board, at the first public hearing, requests financial documentation and/or records from the owner relating to the factors listed directly above, the owner shall provide said documents and/or records at least thirty (30) days before the second public hearing. If the owner does not provide said documentation, the Board is authorized to make its determination of a compliance date based upon any reasonably available public records as well as public testimony at the hearing. Failure by owner to provide the requested financial documents and records shall not prevent the Board from setting a compliance date. Ceasing Operations If the Board establishes a compliance date for a Nonconforming Use, the use must cease operations on that date and it may not operate thereafter unless it becomes a conforming use. Definitions For purposes of this subsection, "owner" means the owner of the Nonconforming Use at the time of the Board's determination of a compliance date for the Nonconforming Use. Finality of Decisions Decisions that Cannot be Immediately Appealed A decision by the Board that the continued operation of a Nonconforming Use will have a significant adverse effect on neighboring property and the Board’s decision to schedule a second public hearing to establish a compliance date are not final decisions and cannot be immediately appealed. Decision to Deny a Request to Establish a Compliance Date A decision by the Board to deny a request to establish a compliance date is final unless appealed to state court within ten (10) calendar days in accordance with Chapter 211 of the Local Government Code. Decision Setting a Compliance Date A decision by the Board setting a compliance date is final unless appealed to state court within ten (10) calendar days in accordance with Chapter 211 of the Local Government Code.

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Zoning Relief Procedures Zoning Regulation Appeal Types of Appeals The following are the types of Zoning Regulation Appeals contained within this Zoning Ordinance. Appeal of a City Administrative or Interpretative Decision a. Any person, department, board, or bureau of the City affected by any administrative officer acting pursuant to the Zoning Ordinance regulations shall appeal to the Board of Adjustment. b. In exercising the Board’s authority herein, the Board may reverse or affirm, in whole or in part, or modify the City administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Board has the same authority as the City’s administrative official. c. Public hearings shall be held in accordance with 7.02.5.c.i. Appeal to the City Council of a Vested Rights Determination Decision See 8.04.E. Vested Rights Appeal to the City Council for details. Appeal to District Court of a decision of the City Council or Board of Adjustment Any person, department, board, or bureau of the City affected by a decision of the City Council or Board of Adjustment may appeal to District Court. Appeals Procedure to the City Council or Board of Adjustment Timing and Fee Appeal to the City Council or Board of Adjustment shall be taken within thirty (30) calendar days from the date of the decision by filing with the City Secretary a notice of appeal specifying the grounds thereof, and by paying a filing fee at the office of the City Secretary at the time the notice is filed. Transmission of Record The City Secretary shall transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. Stays of Proceedings An appeal stays all proceedings in furtherance of the action appealed from, unless the Planning Director certifies to the City Council or Board of Adjustment, that by reason of facts stated in the certificate a stay would, in the Planning Director’s opinion, cause imminent peril to life or property. Appeals Procedure to District Court Timing An appeal from any action, decision, ruling, judgment, or order of the City Council or Board of Adjustment may be taken by any person or persons, jointly or severally, or any taxpayer; or any officer, department, board, or bureau of the City to the district or county court by filing notice of appeal with the City Secretary and with the Board of Adjustment within ten (10) calendar days from the filing of the decision of the board, which notice shall specify the grounds of such appeal. Transmission of Record Upon filing of the notice of appeal as herein provided, the court may grant a writ of certiorari directed to the board in this event, the City Council or Board of Adjustment shall transmit to the

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court clerk and the petitioner the original or certified copy of the papers constituting the record in the case, together with the order, decision, or ruling. Stays of Proceedings An appeal to the district court from the City Council or Board of Adjustment stays all proceedings in furtherance of the action appealed from, unless the Mayor or chairperson of the Board of Adjustment, from which the appeal is taken certifies to the court clerk, after the notice of appeal shall have been filed, that by reasons of fact stated in the certificate, a stay would, in her or his opinion, cause imminent peril to life or property. Fees All fees for all types of Applications, forms, plans, notifications, appeals, and petitions required under this Zoning Ordinance shall be established by the City Council within the Fee Schedule.

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Zoning Variance Purpose The Board of Adjustment is authorized in specific cases to grant a Zoning Variance from the Zoning Regulation terms, standards, and criteria that pertains to an allowed use within a zoning district. A Zoning Variance is authorized by this Zoning Ordinance when such cases are shown not to be contrary to the public interest if, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in an undue hardship and so that the spirit of the ordinance shall be observed and substantial justice done; provided, however, the Board of Adjustment shall have no power to authorize a Zoning Variance provided in Section 8.02.D. 8 Limitations on the Authority of Board of Adjustment to Grant Zoning Variances. Zoning Variance Applicability The Board of Adjustment is authorized in specific cases to grant a Zoning Variance from the following regulations to prevent undue hardships. Open Space (Yard) Dimensions Lot Dimensions Floor Area Structure Height Building Coverage Reconstruction of a Nonconforming Structure per Section 3.06.G. Restoration of Nonconforming Structures. Granting Authority Undue Hardship Shall Exist The Board of Adjustment may authorize a Zoning Variance from these Zoning Regulations when, due to special conditions, an undue hardship will result from requiring compliance. Harmony with the Zoning Purpose and Intent Shall Exist A Zoning Variance may be granted only when the Zoning Variance is not contrary to the public interest and is in harmony with the general purpose and intent of this Zoning Ordinance so that the public health, safety, and welfare may be secured and that substantial justice may be done. Zoning Variance Processing and Review The Planning Director shall process and review a Zoning Variance. Board Conditions of Approval In granting a Zoning Variance, the Board shall prescribe only conditions that it deems necessary for, or desirable to, the public interest. Board Considerations In making the findings within 8.02.D. Criteria for Zoning Variance Approval, the Board shall take into account: a. The nature of the proposed use of the land involved, b. Existing uses of land in the vicinity, c. The number of persons who will reside or work within the proposed use, and

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d. The probable effect such Zoning Variance will have upon traffic conditions and upon the public health, safety, convenience and welfare of the community. Such findings of the Board of Adjustment, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Board of Adjustment meeting at which such Zoning Variance is granted. Criteria for Zoning Variance Approval No Zoning Variance shall be granted without first having given public notice and having held a public hearing on the Zoning Variance request in accordance with 7.02 Public Hearings and Notification Requirements for Zoning Related Applications and unless the Board of Adjustment finds all the following criteria are met. Unique Circumstances That there are special circumstances or conditions affecting the land involved such that the application of the Zoning Ordinance’s provisions would deprive the Applicant of the reasonable use of his/her land. Minimum Necessary Relief Required to Alleviate the Undue Hardship The Zoning Variance, if granted, would be the minimum necessary relief required to alleviate the undue hardship. Preservation of Property Rights That the Zoning Variance is necessary for the preservation and enjoyment of a substantial property right of the Applicant. No Substantial Detriment to the Public Good That the granting of the Zoning Variance will not be detrimental to the public health, safety or welfare, impair the purposes and intent of this Zoning Ordinance and the Comprehensive Plan or be injurious to other property within the area. Orderly Use of Land That the granting of the Zoning Variance will not have the effect of preventing the orderly use of other land within the area in accordance with the provisions of this Zoning Ordinance. Precedent The granting of an individual Zoning Variance will not set a precedent. Finding of Undue Hardship In order to grant a Zoning Variance, the Board of Adjustment must make findings that an undue hardship exists, using the following criteria: a. That literal enforcement of the controls will create an undue hardship or practical difficulty in the development of the affected property; and b. That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district; and c. That the relief sought will not injure the permitted use of adjacent conforming property; and d. That the granting of a Zoning Variance will be in harmony with the spirit and purpose of these regulations. e. Financial hardship alone is not an “undue hardship” if the property can be used, meeting the requirements of the zoning district in which the property is located.

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Limitations on the Authority of Board of Adjustment to Grant Zoning Variances a. Use Zoning Variance The Board of Adjustment may not grant a Zoning Variance authorizing a use other than those permitted in the district for which the Zoning Variance is sought, except as specifically provided for in this Zoning Ordinance. b. Specific Use Permit Provision The Board of Adjustment shall have no power to grant or modify provisions of a SUP authorized under 7.10 Specific Use Permit (SUP). c. Zoning Amendments i. The Board of Adjustment shall have no power to grant Zoning Text and Map Amendments. ii. In the event that a request for a Zoning Text Amendment or Zoning Map Amendment (Rezoning) is pending before the Planning and Zoning Commission or the City Council, the Board of Adjustment shall neither hear nor grant any Zoning Variance with respect to the subject property until final disposition of the Zoning Text Amendment or Zoning Map Amendment (Rezoning) by the Commission and the City Council. iii. Pending Action iv. The Board of Adjustment shall not grant a Zoning Variance for any parcel of property or portion thereof upon which a required Site Plan or any Plat is pending on the agenda of the Planning and Zoning Commission and/or the City Council. v. All administrative and procedural remedies available to the Applicant shall have been exhausted prior to hearing by the Board of Adjustment. Concurring Vote of 75 Percent Required Pursuant to Texas Local Government Code 211.009.(c), the concurring vote of seventy-five (75) percent of the members of the Board of Adjustment is necessary to grant a Zoning Variance.

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Zoning Special Exception Purpose The Board of Adjustment is authorized to hear and decide a Zoning Special Exception that if controlled in the particular instance as to its relationship to the neighborhood and to the general welfare may be permitted by the Board of Adjustment, where specifically authorized by 8.03.D. . Zoning Special Exception Authorized, and in accordance with the substantive and procedural standards of the Zoning Ordinance. Zoning Special Exception Defined A Zoning Special Exception is an allowed variation from the Zoning Regulations, but is differentiated from a Zoning Variance as the term is used in this Zoning Ordinance by the following: No Hardship Required A Zoning Special Exception does not require a finding of an undue hardship. Specifically Allowed and Pre-Determined by the Zoning Ordinance Approval of a Zoning Special Exception by the Board of Adjustment is specifically provided for and defined in this Zoning Ordinance. Requests for a Zoning Special Exception The Board of Adjustment may grant a Zoning Special Exception in accordance to the provisions of Section 8.03.D. Zoning Special Exception Authorized upon written request of the property owner. The Planning Director shall process and review a Zoning Special Exception. Zoning Special Exception Authorized When in the Board of Adjustment’s judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially injured, the Board of Adjustment may, in specific cases, after public notice and public hearing (see Section 7.02 Public Hearings and Notification Requirements for Zoning Related Applications) and subject to appropriate conditions and safeguards, authorize the following Zoning Special Exceptions to the regulations herein established: Nonconforming Uses or Structures a. Permit the reconstruction, extension or enlargement of a building occupied by a nonconforming use on the lot or tract occupied by such building provided such reconstruction does not prevent the return of such property to a conforming use and permit the expansion of off-street parking or off-street loading for a nonconforming use. b. Permit such modification of the height, yard, area, coverage and parking regulations as may be necessary to secure appropriate development of a parcel of land that differs from other parcels in the district by being of such restricted area, shape, or slope that it cannot be appropriately developed without such modification. Residential Setbacks For existing single family residential and duplex (two family) structures that were legally constructed prior to the effective date of this Zoning Ordinance, the Board of Adjustment may authorize a Zoning Special Exception for any structure that was constructed over a setback line established by this Zoning Ordinance.

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Grant Exceptions to the Off-Street Parking Requirements To grant Zoning Special Exceptions to the off-street parking requirements set forth in 4.03 Parking Standards when it is determined: a. That the size and shape of the lot to be built on is such that off-street parking provisions could not be complied with, and the proposed use will not create undue traffic congestion in the adjacent streets, or b. That the use can share parking with other adjacent uses upon provision of a shared parking study, or c. That a use needs additional parking spaces above the maximum standard to accommodate anticipated parking needs. The Board may Impose Conditions In granting Zoning Special Exceptions under this Section Error! Reference source not found., the Board may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, safety and general welfare, including but not limited to conditions specifying the period during which the nonconforming use may continue to operate or exist before being brought into conformance with the provisions of this Zoning Ordinance. Concurring Vote of 75 Percent Required Pursuant to Texas Local Government Code 211.009.(c), the concurring vote of seventy-five (75) percent of the members of the Board of Adjustment is necessary to grant a Zoning Special Exception.

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Zoning Vested Rights Petition Purpose The purpose of a vested rights petition is to determine whether one or more standards of this Zoning Ordinance should not be applied to a plan or application, or whether certain permits are subject to expiration. Applicability A vested rights petition may be filed for an application, permit, or plan required under this Zoning Ordinance. Any property owner who believes that she or he has obtained a vested right shall submit to the Planning Director a petition letter explaining the factual and legal bases upon which the property owner relies in her or his contention that she or he has a particular vested right and, consequently, is exempt or not subject to a particular City order, standard, regulation, ordinance, rule, expiration date, or other properly adopted requirement (hereinafter referred to collectively as “regulations”). Petition Requirements The vested rights petition shall allege that the petitioner has a vested right that requires the City to review and decide the application under standards in effect prior to the effective date of the currently applicable standards. The petition shall include the following information and documents: Narrative Description for Purpose of Petition A narrative description of the grounds for the petition, including a statement as to whether the petition asserts a vested right related to a specific regulation or to an entire project. Copies of Applications A copy of each approved or pending application which is the basis for the contention that the City may not apply current standards to the application which is the subject of the petition. Submittal Date of First Application The submittal date of the first application that began the vesting process. Submittal Date of Subsequent Applications If applicable, the submittal dates of subsequent applications for the permits for the project. Identification of Vested Regulations Identification of all regulations otherwise applicable to the application from which relief is sought. a. If a property owner contends that certain City regulations do not apply to a project, the property owner is expected to identify, with particularity, all requirements that the property owner contends do not apply. b. Global references to a particular ordinance, or set of criteria, may be deemed insufficient and the City may consider the request for a vested rights determination to be incomplete and, hence, not subject to a staff determination at that time. Identification of non-vested regulations Identification of any current regulations which petitioner agrees can be applied to the application at issue.

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Narrative description of how current regulations affect proposed use A narrative description of how the application of current regulations affect proposed use of the land, landscaping or tree preservation, open space, or park dedication, lot size, lot dimensions, coverage or building size shown on the application for which the petition is filed. Copies of prior vested rights determinations A copy of any prior vested rights determination involving the same land. Benchmarking project progress for expiring permits or applications Whenever the petitioner alleges that a permit or application subject to expiration should not be terminated, a description of the events constituting progress toward completion of the project for which the permit subject to expiration was approved. Vested Rights Determination Vested Rights Petition Processing The Planning Director shall promptly forward the owner’s vested rights request, along with any supporting information or documentation provided along with the request, to the City Attorney for her or his review. Determination by the Planning Director a. The Planning Director, after consultation with the City Attorney, shall issue a final administrative determination of whether a vested right exists in relation to the project, and shall identify, with particularity, all claims for vested rights exists in relation to the project, and shall identify, with particularity, all claims for vested rights that have been granted and all claims for vested rights that have been denied. b. The Planning Director shall issue a final administrative determination with thirty (30) business days from the receipt of the petition. Vesting Pre-determination Conference Prior to rendering his final determination, the Planning Director may request a pre-determination conference with the owner to discuss the owner’s vested rights claim and to ensure that the nature of the claim is fully and completely understood by the Planning Director prior to a final determination being rendered. Vested Rights Appeal to the City Council If the property owner believes that the Planning Director’s vested rights determination is in error, the property owner shall have the right to appeal such determination to the City Council, which shall have jurisdiction to hear and decide the appeal. Any vested right petition shall be approved or denied in their entirety and shall not be modified.

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Zoning Definitions Standard Zoning Definitions Words and terms not expressly defined in this section are to be construed according to the normally accepted meaning of such words or terms or, where no definition appears, according to their customary usage in the practice of municipal planning and engineering.

Abandonment To cease or discontinue a use or activity, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.

Abutting Adjacent, adjoining and contiguous to. It may also mean having a lot line in common with a right-of- way or easement, or with a physical improvement such as a street, waterline, park, or open space.

Access A means of approaching or entering a property, or the ability to traverse a property (such as in the use of the phrase “pedestrian access easement”).

Accessory Building A subordinate building incidental to the main structure.

Accessory Use A use that is clearly and customarily incidental and secondary to the Principal Use of land or building(s), and that is located upon the same lot, and that does not change the character thereof. The land/building area that is used for the accessory use is significantly less than that used for the primary use.

Adult Day-Care Services A facility that provides services under an Adult Day Care Program on a daily or regular basis, but not overnight, to four or more elderly or handicapped persons who are not related by blood, marriage, or adoption to the owner of the facility. Adult Day Services Centers (also referred to as Adult Day Care Centers) must be licensed by the Texas Department of Human Services or its successor.

Agricultural Use Land where the production, keeping, or maintenance for sale, lease, or personal use of plants and animals useful to man, including, forages and sod crops, grains and seed crops, dairy animals, poultry and livestock, including but not limited to ostriches, emus, buffalos, beef cattle, sheep, goats, mules, horses and ponies.

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Air Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing This industry comprises establishments primarily engaged in (1) manufacturing air-conditioning (except motor vehicle) and warm air furnace equipment or (2) manufacturing commercial and industrial refrigeration and freezer equipment. Uses include air-conditioning and warm air heating combination units manufacturing, humidifying equipment (except portable) manufacturing, air- conditioning compressors (except motor vehicle) manufacturing, refrigerated counter and display cases manufacturing, air-conditioning condensers and condensing units manufacturing, refrigerated drinking fountains manufacturing, dehumidifiers (except portable electric) manufacturing, snow making machinery manufacturing, heat pumps manufacturing and soda fountain cooling and dispensing equipment manufacturing.

Aircraft Engine and Engine Parts Manufacturing This industry comprises establishments primarily engaged in one or more of the following:

Manufacturing aircraft engines and engine parts; Developing and making prototypes of aircraft engines and engine parts; Aircraft propulsion system conversion (i.e., major modifications to systems); and Aircraft propulsion systems overhaul and rebuilding (i.e., periodic restoration of aircraft propulsion system to original design specifications).

Aircraft Parts and Auxiliary Equipment Manufacturing This industry comprises establishments primarily engaged in (1) manufacturing aircraft parts or auxiliary equipment (except engines and aircraft fluid power subassemblies) or (2) developing and making prototypes of aircraft parts and auxiliary equipment. Auxiliary equipment includes such items as crop dusting apparatus, armament racks, in-flight refueling equipment, and external fuel tanks.

Alcoholic Beverages Sales for Off-Premises Consumption Any sales of alcoholic beverages for off-premises consumption.

Alcoholic Beverages Sales for On-Premises Consumption Any sales of alcoholic beverages for on-premises consumption.

Alley A public Right-of-Way, not intended to provide the primary means of access to abutting lots, that is used primarily for vehicular service access to the back or sides of properties otherwise abutting on a street.

All-Weather Surfaced Driveway A gravel, asphalt or concrete driveway.

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Alternative Financial Establishment A check cashing business, payday advance or loan business, money transfer business or car title loan business, including freestanding and/or mobile establishments. An alternative financial establishment does not include state or federally-chartered banks, community development financial institutions, savings and loans, and credit unions.

Ambulance Service A privately-owned facility for the dispatch, storage and maintenance of emergency medical care vehicles.

Amortization Discontinuance of a nonconforming use of land or structure under any plan whereby the full value of the structure and facilities can be scheduled within a definite period of time to conform to the regulations of this Zoning Ordinance. See Section 7.11 Amortization of Nonconforming Uses.

Amusement Center A building or part of a building in which more than ten (10) percent of the floor area or in which five or more amusement devices, or similar player-operated amusement devices are present and maintained.

Amusement, Commercial (Indoors) An amusement enterprise wholly enclosed in a building that is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line and including, but not limited to, a climbing wall center or billiard parlor.

Amusement, Commercial (Outdoors) An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open including, but not limited to, a golf driving range, archery range and miniature golf course.

Amusement Device Any electronic, electromechanical, or mechanical contrivance also commonly known as "eight liner" type machines that for a consideration affords the player an opportunity to obtain anything of value, the award of which is determined solely or partially by chance, even though accompanied by some skill, whether or not the prize is automatically paid by the contrivance. The term includes, but is not limited to, gambling device versions of bingo, keno, blackjack, lottery, roulette, video poker, or similar electronic, electromechanical, or mechanical games, or facsimiles thereof, that operate by chance or partially so, that as a result of the play or operation of the game awards credits, free games, or any form of consideration or representation of value redeemable for items that have a wholesale value of more than ten times the amount charged to play the game or device or $5.00, whichever is less. Amusement device does not include music or musical devices, machines designed exclusively for children's rides, devices designed to train persons in athletic skills, such as golf, tennis, baseball, archery or similar sports, or any electronic, electromechanical, or mechanical contrivance designed, made, and adapted solely for bona fide amusement purposes if the

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contrivance rewards the player exclusively with noncash merchandise, prizes, toys, or novelties, or a representation of value redeemable for those items, that have a wholesale value available from a single play of the game or device of not more than ten times the amount charged to play the game or device once or $5.00, whichever is less.

Antenna Support Structures Monopole antenna structure: A self-supporting pole type structure with no guy wire support, tapering from base to top and so designed to support fixtures that hold one or more antennas and related equipment for wireless telecommunication transmission. Lattice antenna structure: A steel lattice, self-supporting structure with no guy wire support, so designed to support fixtures that hold one or more antennas and related equipment for wireless communication transmission. Guyed lattice antenna structure: A steel lattice, guy wire supported structure, so designed to support fixtures that hold one or more antennas and related equipment for wireless communication transmission.

Antique Shop An establishment offering for sale, within a building, articles such as glass, china, furniture or similar furnishing and decorations that have value and significance as a result of age, design and sentiment.

Apartment A room or suite of rooms in a multi-family residence arranged, designed, or occupied as a place of residence by a single-family, individual, or group of individuals.

Appliance Rental Generally, a store where household appliances are sold, rented, or leased.

Applicant The person or entity responsible for the submission of an Application. The Applicant must be the actual owner of the property for which an Application is submitted, or shall be a duly authorized representative of the property owner. Also see Developer.

Application The package of materials, including but not limited to an Application Form, Plat, completed checklist, tax certificate, Construction Plans, special drawings or studies, and other informational materials, that is required by the City to initiate City review and approval of a development project.

Application Form The written form (as provided by and as may be amended by the Planning Director) that is filled out and executed by the Applicant and submitted to the City along with other required materials as a part of an Application.

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Approval Approval constitutes a determination by the official, board, commission or City Council responsible for such determination that the Application is in compliance with the minimum provisions of this Zoning Ordinance. Such approval does not constitute approval of the engineering or surveying contained in the plans, as the design engineer or surveyor that sealed the plans is responsible for the adequacy of such plans.

Armed Services Recruiting Center An office space occupied by a U.S. Army, Navy, Air Force, Marine, Coast Guard, or Merchant Marine recruiting center where phone calls are made, letters are written and mailed, and possible recruits are interviewed and enlisted in one of the service branches.

Art Gallery or Museum An institution for the collection, display, or distribution of objects of art, and that is sponsored by a public or quasi-public agency, and is open to the general public.

Art Supply Store An establishment within a building offering for sale articles such as painting supplies, picture framing, brushes, artist easels, canvas, or similar supplies for various art forms.

Arterial A street (also referred to as a thoroughfare) designated within the Comprehensive Plan. A principal traffic way more or less continuous across the City or areas adjacent thereto, intended primarily to provide for the movement of through traffic, and that shall act as a principal connecting street with highways as indicated in the Comprehensive Plan.

Articulation The visual variation to both the height and depth dimensions of a building through the use of materials, colors, fenestration and details.

Artisan's Workshop An establishment used for the preparation, display, and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leather-craft, hand-woven articles, and related items.

Assisted Living/Nursing Home A facility operated by a business or non-profit organization where ill or elderly people are provided with lodging and meals, with or without nursing care.

Automobile Body Shop A facility that provides collision repair services, including body frame straightening, replacement of damaged parts, and painting.

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Automobile or Other Motorized Vehicle Sales and Service A business providing sales, display and service of new and used motorized vehicles, including motorcycles, RVs, and boats – not including semi-truck or heavy truck sales.

Automobile Parts Store (New Only) Stores selling new automobile parts, tires, and accessories.

Automobile Rental Storing or renting of automobiles and light trucks.

Automobile Service Garage (Major) A facility for the general repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, or providing collision services, including body, frame, or fender repair, and overall painting, where all work is conducted inside the building.

Automobile Service Garage (Minor) A facility for routine automobile services or minor repairs, such as tire services, quick-lubes, batteries, with all work being conducted inside the building and within the same day.

Bail Bond Services A bail bond service or bondsman is any person or corporation that will act as a surety and pledge money or property as bail for the appearance of a criminal defendant in court.

Bakery (Retail Sales Only) A place for preparing, cooking, baking, and selling of baked goods, such as pastry items and donuts on the premises

Ballroom Dancing An establishment open to the general public for dancing on events.

Bank or Financial Institution An establishment, open to the public, for the deposit, custody, loan, exchange or issue of money, the extension of credit and/or facilitating the transmission of funds and that is licensed by the appropriate state or federal agency as a bank, savings and loan association, or credit union. This includes business activities listed under SIC Codes 60 and 61, but excludes pawnshops, check cashing businesses, payday advance/loan businesses, money transfer businesses and car title loan businesses.

Banquet Hall A building, facility, room, or portion thereof, which is rented, leased or otherwise made available to any person or group for a private event function, that is not open to the general public, whether or not a fee is charged.

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Bar An establishment, not a restaurant, the principal activity of which is the sale and consumption on the premises of liquor, wine, beer, or any other alcoholic beverages, whether served with or without food and other refreshment.

Barber or Beauty Shop A fixed establishment or place where one or more persons engage in the practice of barbering or cosmetology.

Bed and Breakfast Inn An owner (or operator) occupied residence with up to five bedrooms available for overnight guests. A bed and breakfast inn may provide for guest stays up to 14 consecutive days; however, it shall not offer weekly rental rates. Kitchen and dining facilities may be included to provide meals for guests only; however, no food preparation shall be permitted in guest bedrooms. A bed and breakfast inn shall not include restaurants, banquet facilities or similar services.

Beverage (Package) Store An establishment principally for the retail sale of sealed containers of alcoholic beverages for consumption off-premises. For this definition, alcoholic beverage as defined by the Texas Alcoholic Beverage Code means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.

Bicycle Sales and Service A facility where bicycles are assembled and sold, or repaired and serviced.

Block A tract or parcel of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad Right-of-Way, highway, stream, or corporate boundary lines.

Board See Board of Adjustment .

Board of Adjustment The City’s Board of Adjustment, which is established in Development Review Bodies.

Boarding or Rooming House A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodging are provided for three or more persons, but not to exceed eight persons.

Book Store A retail establishment that, as its primary business, engages in the sale, rental, or other charge-for- use of books, magazines, newspapers, greeting cards, postcards, videotapes, computer software, or any other printed or electronically conveyed information or media.

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Bookbinding An establishment that practices the art or trade of binding books, but not to include the retail sale of books.

Bottling Works An establishment that engages in the business of placing liquids (soft drinks, milk, juices, etc.) in bottles made of glass or plastic.

Bowling Alley An establishment that devotes more than 50 percent of its gross Floor Area to bowling lanes, equipment, and playing area. A bowling alley is wholly enclosed in a building that is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line.

Brewery An industrial use that brews ales, beers, meads, and/or similar beverages on site. Breweries are classified as a use that manufactures more than 2,000 barrels of beverage annually (all beverages combined).

Building Any structure built for support, shelter or enclosure of persons, animals, personal property, records or other movable property and when separated in a manner sufficient to prevent fire, each portion of such building shall be deemed a separate building.

Building Height The vertical distance from Grade Plan to the average height of the highest roof surface.

Building Official The Building Official of the City or his or her designee.

Building or Other Independent Support Structure Buildings or other structures such as water towers, church steeples, utility poles and other creative locations.

Building Permit A permit issued by the City before a building or structure is started, improved, enlarged or altered as proof that such action is in compliance with the City code.

Building Setback Line The line within a property defining the minimum horizontal distance between a building or other structure and the adjacent street Right-of-Way/property line.

Business Retail, commercial and manufacturing uses and districts as defined in the Zoning Ordinance.

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Cabinet Shop A wood shop that does layouts, cutting, fitting, and assembly of residential and commercial cabinets.

Car (Auto) Title Loan Business An establishment including freestanding and/or mobile that makes small, short-term consumer loans that leverage the equity value of a car or other vehicle as collateral where the title to such vehicle is owned free and clear by the loan applicant and any existing liens on the car or vehicle cancel the application, and where failure to repay the loan or make interest payments to extend the loan allows the lender to take possession of the car or vehicle. This excludes state or federally- chartered banks, savings and loan associations, or credit unions engaged primarily in the business of making longer term loans and which make loans that leverage the total equity value of a car or vehicle as collateral.

Car Wash, Full Service A facility where a customer can have a motorcycle, automobile, and light load vehicle washed in exchange for financial consideration.

Car Wash, Self Service A facility, typically coin operated, used by the customer to wash motorcycles, automobiles and light load vehicles.

Carnival, Circus or Tent Service (Temporary) Outdoor or indoor commercial amusement provided on a temporary basis.

Carpentry Shop A shop involving woodworking and the assembly of wood products.

Carport A roofed structure used for vehicle storage that is not permanently enclosed on at least three sides and which is constructed over a parking space accessible by a driveway to a public street or alley.

Caterer or Wedding Service A service providing meals or refreshments for public or private entertainment for a fee.

Cement or Hydrated Lime Plant A plant that manufactures cement or hydrated lime for use in the construction industry, for the making of concrete, mortar or plaster.

Cemetery or Mausoleum Property used for the interring of the dead.

Cement Storage A facility for unpackaged storage of raw cement, a binding substance used in concrete, mortar, and other construction applications.

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Ceramic and Pottery Manufacturer Manufacturing site for ceramic and pottery goods, including dust, odor, and fume control.

Certificate of Occupancy and Compliance An official certificate issued by the City through the Building Official (in conjunction with a Building Permit) that indicates conformance with the City’s rules and regulations and that authorizes legal use of the premises.

Check Cashing Business An establishment that provides to the customer an amount of money that is equal to the face of the check or the amount specified in the written authorization for an electronic transfer of money, less any fee charged for the transaction, and where there is an agreement not to cash the check or execute an electronic transfer of money for a specified period of time, the business of cashing checks, warrants, drafts, money orders or other commercial paper serving the same purpose for compensation by any person or entity other than a retail seller engaged primarily in the business of selling consumer goods, including consumables to retail buyers, that cashes checks or money orders or issues money orders or money transfers for a minimum flat fee as a service that is incidental to its main purpose or business. This definition excludes a state or federal-chartered bank, savings and loan association, credit union, pawnshop, grocery store or gas station so long as the gas station does not conduct more than 100 such transactions within any calendar month.

Child-Care Facility (Children’s Home) A business for the care of children at a location other than a caretaker’s residence for more than 24 hours a day. See Chapter 42 of the Human Resources Code, Regulation of Certain Facilities, Homes, and Agencies that Provide Child Care Services.

Child Care Facility (Daycare) A business for the care of children at a location other than a caretaker’s residence for less than 24 hours a day. See Chapter 42 of the Human Resources Code, Regulation of Certain Facilities, Homes, and Agencies that Provide Child Care Services.

Child Care Home (≤6 Children) Regular care occurring in the caretaker’s own residence for seven (7) children, excluding children who are related to the caretaker but in no case exceeding twelve (12) children at any given time. See Chapter 42 of the Human Resources Code, Regulation of Certain Facilities, Homes, and Agencies that Provide Child Care Services.

Child-Care Home (≥7 Children) Regular care occurring in the caretaker’s own residence for more than six (6) children, excluding children who are related to the caretaker. See Chapter 42 of the Human Resources Code, Regulation of Certain Facilities, Homes, and Agencies that Provide Child Care Services.

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Cigar Lounge A business that sells a variety of cigars. It may also sell other tobacco accessories such as lighters, cigar boxes and containers, as well as cigar cutters and punches. In addition, this business may contain a lounge where persons can go to smoke cigars.

City The City of Balch Springs, Texas, together with all its governing and operating bodies.

City Attorney The City Attorney of the City.

City Council The City Council of the City.

City Manager The City Manager of the City.

City Secretary The person(s) so designated by the City to provide clerical and official services for the City Council. This term shall also include any designee of the City Secretary.

Civic/Convention Center A building or complex of buildings used for cultural, recreational, athletic, convention, or entertainment purposes.

Clothing or Similar Light Manufacturing A business that buys bolts of cloth or fabric, cuts from patterns and sews into finished shirts, pants, dresses, and other pieces of clothing.

Collector Street A street that is continuous through several residential districts and is intended as a connecting street between residential districts and nonresidential districts, highways or business districts, and that may serve both through-traffic and local access functions.

College or University An academic institution of higher learning, accredited or recognized by the State, and offering a program of series of programs of academic study.

Commission See Planning and Zoning Commission.

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Community Center A building dedicated to social or recreational activities, serving the City or neighborhood and owned and operated by the City, or by a non-profit organization dedicated to promoting the health, safety and general welfare of the City.

Community Group Home A community-based residential home with not more than six (6) persons with disabilities and two (2) supervisors residing in the home, and that otherwise meets the requirements of the Community Homes for Disabled Persons Location Act (Chapter 123 of the Human Resources Code), as may be amended.

Commercial Motor Vehicle Parking A facility for the temporary, daily, or overnight parking of commercial motor vehicles for a truck stop, and/or motor vehicles with two or more rear axles such as trucks, truck-tractors, and similar vehicles, for no charge or for a fee, regardless of whether that fee is charged independently of any other use on the lot, if the parking is not accessory to a main use on the lot.

Commercial Parking Lot or Garage A vehicle parking facility that is operated as a business enterprise by charging a fee for parking.

Commercial Vehicle A vehicle used in commerce: a road vehicle designed to transport goods or passengers.

Comprehensive Plan The plan, including all revisions thereto, adopted by the City Council as the official policy regarding the guidance and coordination of the development of land in the City. The plan indicates the general locations recommended for various land uses, transportation routes, public and private buildings, streets, utilities, parks, and other public and private developments and improvements. The plan may consist of but is not limited to the following plan elements: Parks, Livability, Economic Development, Future Land Use Plan, and Transportation.

Computer and Peripheral Equipment Manufacturing This industry includes establishments primarily engaged in manufacturing or assembling electronic computers, such as mainframes, personal computers, workstations, laptops, and computer servers, and computer peripheral equipment, such as storage devices, printers, monitors, input/output devices and terminals.

Concrete Block and Brick Manufacturing This industry includes establishments primarily engaged in manufacturing concrete block and brick.

Concrete or Asphalt Batching Plant, Permanent A permanent manufacturing facility for the production of concrete or asphalt.

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Concrete or Asphalt Batching Plant, Temporary A temporary manufacturing facility for the on-site production of concrete or asphalt during construction of a project, and to be removed when the project is completed.

Concrete Pipe Manufacturing This industry includes establishments primarily engaged in manufacturing concrete pipe and other concrete products, excluding concrete block and brick.

Consignment Store A store that receives merchandise on consignment from individuals and places for resale.

Construction Machinery Manufacturing This industry comprises establishments primarily engaged in manufacturing construction machinery, surface mining machinery, and logging equipment such as backhoes manufacturing, pile-driving equipment manufacturing, bulldozers manufacturing, portable crushing, pulverizing, and screening machinery manufacturing, construction and surface mining-type rock drill bits manufacturing, powered post hole diggers manufacturing, construction-type tractors and attachments manufacturing, road graders manufacturing, off-highway trucks manufacturing, surface mining machinery manufacturing.

Construction Plans A set of drawings, including paving, water, wastewater, drainage, or other required plans, submitted to the City for review in conjunction with a subdivision or a development.

Contractor’s Shop or Storage Yard A building, part of a building, or land area for the construction or outdoor or indoor storage of materials, tools, products, and vehicle fleets.

Convenience Store A business that is primarily engaged in the retail sale of convenience goods, or both convenience goods and gasoline. For purposes of this definition, convenience goods mean food, beverage, household, personal care and pharmaceutical items. A gasoline pump is not considered a drive-in or drive-through service. If use has drive-in or drive-through services and has less than 10,000 square feet of floor area, the use shall be classified as a convenience store with drive-through.

Convenience Store with Drive-Through A business that is primarily engaged in the retail sale of convenience goods, or both convenience goods and gasoline, that has drive-in or drive-through service and has less than 10,000 square feet of floor area. For purposes of this definition, convenience goods mean food, beverage, household, personal care and pharmaceutical items. A gasoline pump is not considered a drive-in or drive- through service.

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Copy Shop or Printing Shop An establishment that reproduces, in printed form, individual orders from a business, profession, service, industry, or government organization.

Council See City Council.

Country Club An area containing a golf course and club house that may include as adjunct facilities a dining room, private club, swimming pool, cabanas, tennis courts and similar service and recreational facilities for the members.

County Dallas County.

Courtyard An open unoccupied space other than a yard, on the same lot with a building that is bounded on three (3) or more sides by the building.

Crosswalk Way A public Right-of-Way, four (4) feet or more in width, between property lines that provides pedestrian circulation.

Cul-de-sac A short, residential street having only one vehicular access point to another street, and terminating by a vehicular turnaround.

Dance Hall or Night Club An establishment offering to the general public facilities for dancing and entertainment.

Dance, Music, or Drama Studio Studio for performing arts education or similar activities.

Department Stores, Retail Sales Only A general merchandising store offering a full line of goods and having 50,000 square feet or more of floor space.

Design Transfer Manufacturing and Wholesale Shops An establishment whose business involves the placing and/ or transferring of photographs, logos, or other designs onto articles of clothing, backpacks or other articles. This use applies to the manufacture of articles for wholesale purposes, only, and may include embroidery of names, logos or other text. This use generally includes catalog sales. Retail sales with display areas are permitted as a secondary use. This use typically involves the preparation of custom artwork, and is for the

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mass production of articles. Although silk screening is typically employed for this use, heat transfer, Direct-To-Garment (DTG) and/or similar equipment are also acceptable.

Developer A person or entity, limited to the property owner or duly authorized representative thereof, who proposes to undertake or undertakes the division, development, or improvement of land and other activities covered by this Zoning Ordinance. The word Developer is intended to include the terms Subdivider, property owner, and, when submitting platting documents, Applicant.

Development Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, paving, drainage, utilities, storage, and agricultural activities.

Discount or Department Store Retail store generally advertising reduced prices and dealing in a large variety of products including, but not limited to clothing. May include appliances, electronics, and limited packaged food products.

Distribution Center Building or facility used for the storage and distribution of wholesale items/products.

Donation or Recycling Collection Point An incidental use that serves as a neighborhood drop-off point for and temporary storage of donations and recoverable resources. No processing of such items occurs on-site and the site functions solely as an area of collecting materials. This facility is generally located in a shopping center parking lot or in a public/quasi-public area such as in a church and school.

Drapery or Furniture Upholstering Shop An establishment for the production, display and sale of draperies and soft coverings for furniture.

Drive-Up A window at a store or restaurant where one can be served without needing to leave the vehicle.

Dwelling Unit A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Dwelling, Multi-Family Any building, or portion thereof, that is designed, built, rented, leased or let to be occupied as three or more dwelling units or apartments, or that is occupied as a home or place of residence by three or more families living in independent and separate housekeeping units.

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Dwelling, Single-Family (Attached – Duplex) A building designed for occupancy for two (2) families living independently of each other. A two family attached unit (also known as a duplex) has a lot line dividing the building and separating the building’s two (2) dwellings units onto two (2) separate lots.

Dwelling, Single-Family (Attached – Townhouse) A dwelling that is joined to another dwelling at one or more sides by a party wall or abutting separate wall, and that is designed for occupancy by one family and is located on a separate lot delineated by front, side and rear lot lines.

Dwelling, Single-Family (Detached) A dwelling designed and constructed for occupancy by one family and located on a lot or separate building tract and having no physical connection to a building located on any other lot or tract and occupied by one family.

Easement A grant by a property owner of the use of land by the public, a corporation, entity, or persons for specific purposes.

Easement, Common Access An easement created for the purpose of providing vehicular or pedestrian access to a property.

Educational Services Office A business involved in providing educational training or tutoring in an office environment.

Effective Date The date this Zoning Ordinance, or a subsequent amendment thereto, shall become effective.

Electrical Energy Generating Plant A facility or structure where electrical (high voltage) energy is generated.

Electrical Equipment Manufacturing This industry comprises establishments primarily engaged in manufacturing power, distribution, and specialty transformers, electric motors, generators, and motor generator sets, switchgear and switchboard apparatus, relays, and industrial controls.

Electrical Power Substations A part of the electrical distribution system with the primary function to transform electrical voltage, and includes transformer stations and switching stations.

Engine, Turbine, and Power Transmission Equipment Manufacturing This industry comprises establishments primarily engaged in manufacturing turbines, power transmission equipment, and internal combustion engines (except automotive gasoline and aircraft).

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Engineer Per Section 1001.002 of the State of Texas Occupations Code, as may be amended, "Engineer" means a person licensed to engage in the practice of engineering in the State of Texas.

Engineering Plans See Construction Plans.

Equestrian Center An improved area, lighted and generally fenced, of at least thirty feet (30’) in width or length within which equestrian activities involving horse riding or driving occurs. Also includes boarding stables.

Equipment Rental (Heavy) An establishment that rents large equipment and machinery such as compressors, backhoes, front- end loaders, roller compactors, generators, tree coppers, trailers, bulldozers, trenching machines, sky lifts, tractors, and dump trucks. This equipment can be self-propelled or because of its size must be hauled or towed. The equipment is generally stored outside. This use may involve the starting and running of machinery.

Equipment Repair Shop Business providing basic repair services for mechanical equipment.

ETJ See Extraterritorial Jurisdiction (ETJ).

Exterminating Company A business providing services for the extermination of rodents and insects.

Extraterritorial Jurisdiction (ETJ) The unincorporated area, not a part of any other municipality, that is contiguous to the corporate limits of the City, the outer limits of which are measured from the extremities of the corporate limits of the City outward up to the distance stipulated in Chapter 42 of the Texas Local Government Code, as may be amended, according to the population of the City, and in which area the City may apply its Subdivision Regulations and other ordinances and regulations specifically provided by State law to be applied within the Extraterritorial Jurisdiction (ETJ).

Family A person living alone, or one of the following groups of people living as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking, and eating facilities:

Any number of people related by blood, marriage, adoption, guardianship, or other duly authorized custodial relationship; Four unrelated people; or Two unrelated people and any children (including adopted children) related to either of them.

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Farm for Growing Plants An area with a minimum size of 10 acres that is used for the growing of the usual farm products such as vegetables, fruits, and grain and their storage in the area.

Farmer’s Market An occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include second-hand goods) dispensed from booths located on-site.

Fee Schedule A separate document listing fees for various City Applications, prepared by the City Manager or designee and approved by City Council and which may be amended periodically.

Feed Store An establishment engaged in retail sale of supplies directly related to the day-to-day activities of agricultural production.

Floodplain An area of land subject to inundation by a 100-year frequency flood as determined using standard engineering practices and generally as shown on the Flood Insurance Rate Map (FIRM) of the City.

Floor Area The floor area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, closets, the thickness of interior walls, columns or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The gross floor area shall not include shafts with no openings or interior courts.

Florist Retail business whose principal activity is the selling of plants that are not grown on the site and whose business is conducted within an enclosed building.

Food Processing Plant A building or plant that uses special processes, treatments or blending of foods to achieve a specified result. Not a distribution center.

Front Façade A façade directly visible from any public street or main circulation drive and the façade used as the primary entrance to the building.

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Frontage All the property abutting on one (1) side of the street, or between two (2) intersecting streets, measured along the street line.

Funeral Home or Mortuary Establishment engaged in undertaking services such as preparing the dead for burial, and arranging and managing funerals.

Furniture Repair and Upholstering Shop A business that repairs and replaces upholstery to household and office furnishings; does not include motor vehicle upholstering or repair.

Garage, Private (Attached) A garage that has one or more walls common with the principal building on a lot or that is attached to the principal building by an enclosed porch, or passage way, the roof of which is part of an extension of the roof of the principal building and for the purpose of the height and area regulations of this Zoning Ordinance such a garage is to be considered a part of the principal building.

Garage, Private (Detached) A garage existing separate and apart from the main building, but situated on the same lot, tract or parcel of land with the main building.

Garage, Storage A building or portion thereof, other than a private garage, used exclusively for parking or storage of self-propelled vehicles, but with no other services provided, except facilities for washing.

Gasoline or Diesel Passenger Vehicle Filling or Service Station Any lot or parcel of land or portion thereof used partly or entirely for storing or dispensing flammable liquids, combustible liquids, liquefied flammable gas, or flammable gas into the fuel tanks of passenger motor vehicles, including any associated convenience store or service station.

Gasoline or Diesel Passenger Vehicle Self-Service Pumps Only Any lot or parcel of land or portion thereof used partly or entirely for storing or dispensing flammable liquids, combustible liquids, liquefied flammable gas, or flammable gas into the fuel tanks of passenger motor vehicles. This use addresses the presence of self-service pumps only and does not include any related buildings, such as an associated convenience store or service station.

Gasoline or Diesel Truck Filling or Service Station Any lot or parcel of land or portion thereof used partly or entirely for storing or dispensing flammable liquids, combustible liquids, liquefied flammable gas, or flammable gas into the fuel tanks of commercial motor vehicles, such as semi-trailer truck, including any associated convenience store or service station.

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Golf Course A private or public tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course includes a clubhouse and shelters as accessory uses.

Grade For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street; for buildings having walls adjoining more than one street, such term means the average of the elevation of the sidewalks at the center of all walls adjoining the street; for buildings having no wall adjoining the street, such term means the average level of the finished surface of the ground adjacent to the exterior walls of the building. Any wall approximately parallel to and not more than five feet from a street line shall be considered as adjoining the street. Where no sidewalk has been constructed, the city engineer shall establish such sidewalk level or its equivalent for the purpose of this chapter.

Grade Plan A reference plane representing the average of finished ground level adjoining the building at exterior walls.

Grocery Store A retail establishment primarily selling prepackaged and perishable food as well as other convenience and household goods.

Gross Floor Area For an apartment house, the measurement of the outside dimensions of the apartment building at each floor level, excluding, however, the floor area of basements or attics not used for residential purposes.

Guest House/Servants’ Quarters Living quarters operated as an incidental/accessory use that is either attached or detached from the principal residence and used without renting or leasing as a residence by either guests or persons employed to provide domestic services to the occupants of the principal residence.

Gun Club, Skeet or Target Range (Indoor) The use of a structure for archery or the discharging of firearms indoors for the purpose of target practice or competition.

Gun Club, Skeet or Target Range (Outdoor) The use of land for archery or the discharging of firearms outdoors for the purpose of target practice or competition.

Gym or Health/Fitness Center A facility where members or nonmembers use equipment or space for the purpose of physical exercise.

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Gymnastic Studio A building or portion of a building used as a place of work for a gymnast or for instructional classes in gymnastics.

Halfway House A facility for the housing, rehabilitation and training of persons on probation, parole or early release from correctional institutions, or other persons found guilty of criminal offense.

Handcraft Shop A shop where handcrafted art objects are made and displayed for sale.

Heavy Load Vehicle A self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) of greater than 11,000 pounds, such as large recreational vehicles (originally manufactured as RVs, not converted), tractor-trailers, buses, vans, and other similar vehicles. The term "truck" shall be construed to mean "heavy load vehicle" unless specifically stated otherwise.

Height (Building) See Building Height.

Heliport or Helistop An area designed to be used for the landing or takeoff of helicopters including operations facilities, such as maintenance, loading and unloading, storage, fueling, or terminal facilities.

Hobby Shop A retail shop that sells materials and supplies to persons for the making of arts and crafts, including models.

Home-Based Business A business, occupation, or profession conducted within a residential dwelling unit by the resident thereof, and possess the following characteristics:

The activity employs only members of the immediate family of the resident of the dwelling unit; There is no external evidence of the occupation detectable at any lot line, said evidence to include advertising signs or displays, smoke, dust, noise, fumes, glare, vibration, electrical disturbance, storage of materials or equipment, or traffic or parking of vehicles in a manner evidencing the conduct of a business; and Said home occupation does not have a separate entrance for the business and does not include appointed visits by the general public.

Homeowners’ or Property Owners’ Association A formal nonprofit organization operating under recorded land agreements through which:

Each owner of property in a specific area is automatically a member; and

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Each lot or property interest is automatically subject to a charge for a proportionate share of the expense for the organization's activities, such as the maintenance of common property; and The charge if unpaid, becomes a lien against the nonpaying member's property.

Hospital, Acute Care An institution where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life, and that is licensed by the State of Texas.

Hospital, Chronic Care An institution where those persons suffering from illness, injury, deformity, deficiency or age are given care and treatment on a prolonged or permanent basis, and that is licensed by the State of Texas.

Hotel A building or group of buildings used as a temporary dwelling place for individuals in exchange for financial consideration where customary hotel services such as linen, housekeeping service, and telephone are provided. Hotel room units are assessed through doorways into an internal hallway, courtyard or lobby. Financial consideration for hotel room units is generally calculated on a nightly basis.

Hotel, Resident Extended Stay A building or group of buildings used as a temporary dwelling place for individuals in exchange for financial consideration where customary hotel services such as linen, housekeeping service, and telephone are provided. Residence hotel room units are designed to be suitable for long-term occupancy with financial consideration being calculated on a nightly, weekly, and/or monthly basis. A residence hotel attributes include, but are not limited to, kitchen facilities, two-story design, seventy-five room units and external doorways into the room units. This facility shall provide at least five amenities from the list below:

Indoor/outdoor pool of at least 800 square feet of surface area and a depth of no more than five feet; Spa/sauna; Weight room/fitness center; Playground; Sports court; Plaza/atrium; Game room; Jogging trail; Conference room (1,000 square foot minimum); Full-service restaurant (minimum seating capacity of 35).

Improvement Any man-made fixed item that becomes part of or placed upon real property. See also Public Improvement.

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Industrial Truck, Tractor, Trailer, and Stacker Machinery Manufacturing This industry comprises establishments primarily engaged in manufacturing industrial trucks, tractors, trailers, and stackers (i.e., truck-type) such as forklifts, pallet loaders, and unloaders.

Industrialized (Commercial) Building Per Section 1202.003 of the State of Texas Occupations Code, as may be amended:

An industrialized building is a commercial structure that is: i. Constructed in one or more modules or constructed using one or more modular components built at a location other than the commercial site; and ii. Designed to be used as a commercial building when the module or the modular component is transported to the commercial site and erected or installed. An industrialized building includes the structure's plumbing, heating, air conditioning, and electrical systems. An industrialized building includes a permanent commercial structure and a commercial structure designed to be transported from one commercial site to another commercial site but does not include: i. A commercial structure that exceeds three stories or 49 feet in height; or ii. A commercial building or structure that is: 1. Installed in a manner other than on a permanent foundation; and 2. Either: a. Not open to the public; or b. Less than 1,500 square feet in total area and used other than as a school or a place of religious worship.

Industrialized Housing Per Section 1202.002 of the State of Texas Occupations Code, as may be amended:

Industrialized housing is a residential structure that is: i. Designed for the occupancy of one or more families; ii. Constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site; and iii. Designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system. Industrialized housing includes the structure's plumbing, heating, air conditioning, and electrical systems. Industrialized housing does not include: i. A residential structure that exceeds three stories or 49 feet in height; ii. Housing constructed of a sectional or panelized system that does not use a modular component; or iii. A ready-built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location. See Conditional Development Standards subsection 3.04.A. 3 for Industrialized Housing regulations.

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Infrastructure All streets, alleys, sidewalks, storm drainage, water, and wastewater facilities, utilities, lighting, transportation, and other facilities as required by the City.

Interstate A roadway that is a part of the central highway system and goes across several states.

Institution for the Care of Alcoholic, Psychiatric or Narcotic Patients An institution offering resident treatment to alcoholic, psychiatric or narcotic patients.

Jewelry Manufacturing or Assembly A facility for manufacturing or assembling jewelry.

Kennel Any lot or premises on which three (3) or more dogs, cats, or other domestic animals at least four (4) months of age, are housed or accepted for boarding, trimming, grooming, bathing or similar treatment for which payment is received.

Kindergarten A school or class of young children four (4) to six (6) years old that develops basic skills and social behavior by games, handicraft, and other means.

Laminated Plastics Plate, Sheet (except Packaging), and Shape Manufacturing This industry comprises establishments primarily engaged in laminating plastics profile shapes such as plate, sheet and rod. The lamination process generally involves bonding or impregnating profiles with plastics resins and compressing them under heat.

Landfill A tract of land used for the burial of farm, residential, institutional, industrial, or commercial waste that is not hazardous, medical, or radioactive.

Laundry, Commercial An industrial facility where fabrics are cleaned with substantially non-aqueous organic solvents on a commercial or wholesale basis.

Laundry, Dry Cleaning Drop-Off/Pick-Up Fabrics, clothes, and linens cleaning shop or drop-off/pick-up station not exceeding six thousand (6,000) square feet of Floor Area.

Laundry, Self-Service A laundromat facility not exceeding 2,500 square feet in Floor Area where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron.

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Leather Product and Saddle Manufacturing A facility that uses animal hides to produce products for sale, including saddles.

Library A room or building for exhibiting, or an institution in charge of, a collection of books, or artistic, historical, or scientific objects.

(Light) Assembly and Manufacturing Processes The fabrication, assembly, manufacturing, and packaging of finished products or parts, predominantly from previously prepared materials, but excluding basic industrial processing. Light fabrication, assembly, manufacturing, and packaging processes do not emit detectable dust, odor, smoke, gas or fumes beyond the bounding property lines of the lot or tract upon which the use is located and do not generate noise or vibration at the property boundary that is generally perceptible in frequency or pressure above the ambient level of noise in the adjacent areas.

Light Load Vehicle A self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) not greater than 11,000 pounds, and having no more than two axles, such as pick-up trucks, vans, recreational vehicles (less than 32 feet in length), campers and other similar vehicles but not including automobiles and motorcycles.

Liquor (Adult/Alcoholic Beverage) Store An establishment with a floor area of no less than 3,000 square feet or 2,500 square feet for existing buildings or remodels seeking conversion principally for the retail sale of sealed containers of liquor beverages for consumption off-premises. For this definition, liquor as defined by the Texas Alcoholic Beverage Code means any alcoholic beverage containing alcohol in excess of four percent by weight, unless otherwise indicated. Proof that an alcoholic beverage is alcohol, spirits of wine, whiskey, liquor, wine, brandy, gin, rum, ale, malt liquor, tequila, mescal, habanero, or barreteago is prima facie evidence that it is liquor.

Local Street A Local Street is a street used primarily for access to the abutting properties.

Lot Land occupied, or to be occupied, by a building and its accessory buildings and including such open spaces as are required under this chapter and having its principal frontage on a public street or officially approved place.

Lot Lines Means the lines bounding a lot as defined in this section.

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Lot of Record A lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerk, or a parcel of land, the deed for which has been recorded in the office of the county clerk prior to adoption of the Zoning Ordinance.

Locksmith/Security System Company Establishments primarily engaged in providing, installing, repairing, or monitoring locks and electronic security systems.

Manufacturing or Industrial Operations An establishment engaged in manufacturing, assembly, fabrication, packaging or other industrial processing of products primarily from extracted/raw materials or the bulk storage and handling of such products and materials, or an industrial establishment having potential to produce noise, dust, glare, odors or vibration beyond its property line.

Meat Market A building where live animals are killed and sold after packing and processing.

Medical Clinic A group of offices for one or more physicians, surgeons, chiropractors or dentists, engaged in treating the sick or injured, but not including rooms for the abiding of patients.

Minimum Improved Parking Surface Base asphalt or macadam having a minimum depth of two inches with a four-inch stabilized base; or reinforced concrete having a minimum depth of four inches.

Mobile Home Parks An area designated, arranged or used for the location of mobile homes that are intended for occupancy as living quarters by individuals or families.

Model Home A single-family dwelling in a developing subdivision located on a legal lot of record that is limited to temporary use as a sales office for the subdivision and to provide an example of the dwellings that have been built or which are proposed to be built in the same subdivision.

Modular Home See Industrialized Housing

Money Transfer Business An establishment, other than a bank or financial institution, that engages in or facilitates the transmission of funds to or from a location outside the United States and its territories for a fee.

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Motel A building or group of buildings used as a temporary dwelling place for individuals in exchange for financial consideration where customary hotel services such as linen, housekeeping service, and telephone are provided. Each motel room unit has direct access to the outside. Financial consideration for motel room units is generally calculated on a nightly basis.

Motor Freight Company A company using trucks or other heavy load vehicles to transport goods, equipment and similar products. Includes companies that move residential or commercial belongings.

Motor Vehicle Electrical and Electronic Equipment Manufacturing This industry comprises establishments primarily engaged in manufacturing and rebuilding electrical and electronic equipment for motor vehicles and internal combustion engines. This would include alternators and generators, ignition wiring harness, coils and ignition, instrument control panels, distributors’ spark plugs, electrical ignition cable sets, windshield washer pumps, and generators.

Motor Vehicle Parts Manufacturing An industry engaged in manufacturing motor vehicle engines and gasoline motor vehicle engine parts such as carburetors, pistons, piston rings and valves. Also includes the manufacture of motor vehicle steering mechanisms and suspension, brake systems, transmissions and power train parts, air conditioning systems and compressors, as well as vehicle stampings such as fenders, tops, trim and molding.

Movie Theatre A specialized theater for showing movies or motion pictures.

Newspaper Printing A commercial printing operation involving a process that is considered printing, imprinting, reproducing, or duplicating images and using printing methods including but not limited to offset printing, lithography, web offset, flexographic, and screen process printing.

Nonconforming Lot A lot that does not meet the current requirements of this Zoning Ordinance, but that was in conformance with the standards in place at the time of its inception.

Nonconforming Structure A structure that does not meet the current requirements of this Zoning Ordinance, but that was in conformance with the standards in place at the time of its inception.

Nonconforming Use A use of land that does not meet the current requirements of this Zoning Ordinance, but that was in conformance with the standards in place at the time of its inception.

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Nonconformities The term Nonconformities is a general term used to refer to Nonconforming Uses, Nonconforming Structures, and Nonconforming Lots.

Nonresidential Use Any use other than a residential use.

Nonresidential Zoning Districts The term “Nonresidential Zoning Districts” means a zoning district as listed a nonresidential zoning district within Table 1: Zoning Districts.

Nursery, Major An establishment for the cultivation and propagation, display, storage, and sale (retail and wholesale) of large plants, shrubs, trees and other materials used in indoor or outdoor plantings, and the contracting for installation or maintenance of landscape material as an accessory use. Outdoor display and storage is included.

Nursery, Retail Sales Only A retail business for the display and sale of trees, shrubs, flowers, ornamental plants, seeds, garden and lawn supplies, and other materials used in indoor and outdoor planting, without outside storage or display.

Office, Professional, Medical, or Business A room or group of rooms used for conducting the affairs of a business, profession, service industry, or government.

Open Space Area included in any side, rear or front yard, or any unoccupied space on the lot that is open and unobstructed to the sky, except for the ordinary projection of cornices, eaves or porches.

Open Storage See Outside Storage.

Outdoor Storage See Outside Storage.

Outside Display The temporary outside display of finished goods. Finished goods are specifically intended for immediate retail sales and are not intended nor used as an area for the continuous keeping or storage (i.e., Outside Storage) of such finished goods. Examples of outside display include the display of grills, deer feeders, patio furniture, lawn mowers, flowers, pumpkins, Christmas trees, and clothing. For information regarding Outside Display regulations, see the Use Chart and Section 3.04.A. 10.

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Outside Storage The continuous keeping or storage of any finished or unfinished goods, materials, merchandise, or equipment outside of a building for more than twenty-four (24) hours. For information regarding Outside Storage regulations, see the Use Chart and Section 3.04.A. 11.

Palm Reader/Card Reader An individual who works out of a small shop and customers are invited to sit with the reader and supposedly reveal future events by “reading” the customer’s palm or through the reading and interpretation of Tarot Cards.

Park, Playground, or Community Center, Public An open recreational facility or park owned and operated by a public agency such as the City or the school district, and available to the general public.

Parking Area An open area or place, other than a street or alley, used for temporary parking of more than four (4) self-propelled vehicles and available for public use, whether free, for compensation or as an accommodation for clients or customers.

Parking Space An area of not less than 162 square feet (measuring approximately nine feet by 18 feet), not on a public street or alley, surfaced with an all-weather surface, enclosed or unenclosed, together with an all-weather surfaced driveway connecting the parking space with a street or alley permitting free ingress and egress. Such term in any dwelling, duplex or apartment district shall not include the parking of trucks or buses for commercial purposes or head-in parking adjacent to a public thoroughfare wherein the maneuvering is done on a public street, and shall not be classified as off- street parking in computing the parking requirements for any use.

Parking Structure A structure devoted to the parking or storage of automobiles. May include, in the case of a Parking Structure only, a facility for servicing of automobiles, provided such facility is primarily an internal function for use only by automobiles occupying the structure and creates no special problems of ingress or egress.

Parkway Within the Right-of-Way, the area between the property line and the nearest curb or edge of the roadway (if no curb exists.) See Figure 22: Example of a Parkway for visual depiction of a parkway.

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Figure 22: Example of a Parkway

Pawn Shop An establishment that lends or advances money or other things for profit on the pledge and possession of personal property, or other valuable things, other than securities or written or printed evidences of indebtedness, or, that deals in the purchasing of personal property or other valuable things on condition of selling the same back to the seller at a stipulated price.

Payday Advance or Loan Business An establishment including freestanding and/or mobile that makes small consumer loans, usually backed by postdated check or authorization to make an electronic debit against an existing financial account, where the check or debit is held for an agreed-upon term or until an applicant's next payday, and then cashed unless the customer repays the loan to reclaim such person's check.

PD Concept Design Map A map depicting the development plan for the area of a PD, Planned Development District. A PD Concept Design Map combined with a PD Design Statement forms a Planned Development Master Plan. See Section 7.09.C. 2.c PD Concept Design Map for additional information.

PD Design Statement A design statement describing the intent of a PD, Planned Development District zoning districts. A PD Design Statement combined with a PD Concept Design Map forms a Planned Development Master Plan. See Section 7.09.C. 2.b PD Design Statement for additional information.

Penal and Correctional Institutions Publicly or privately operated facility for the detention, confinement, treatment or rehabilitation of persons arrested or convicted for the violation of civil or criminal law. Such facilities include an adult detention center, juvenile delinquency center, jail, prison, and halfway house.

Personal Service Shop Establishments primarily engaged in providing services generally involving the care of the person or apparel including but not limited to barber and beauty shops, dressmaking, shoe shining, dry- cleaning and laundry pick-up stations, tailor or seamstress, and health clubs.

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Pet Store A retail sales establishment primarily involved in the sale of pet supplies or the sale or adoption of domestic animals, such as dogs, cats, fish, birds, and reptiles, excluding exotic animals and farm animals such as horses, goats, sheep, and poultry.

Petroleum Storage and Collection Facilities An outdoor area where storage of petroleum is allowed (tank farm).

Pharmaceutical and Medicine Manufacturing This industry comprises establishments primarily engaged in one or more of the following: (1) manufacturing biological and medicinal products; (2) processing (i.e., grading, grinding, and milling) botanical drugs and herbs; (3) isolating active medicinal principals from botanical drugs and herbs; and (4) manufacturing pharmaceutical products intended for internal and external consumption in such forms as ampoules, tablets, capsules, vials, ointments, powders, solutions, and suspensions.

Pharmacy A shop or a store wherein prescription medicines may be obtained during all operating hours wherein primarily medicine and medical supplies are offered for sale.

Photographer’s or Artist’s Studio/Film Processing Work space for one or more photographers, artists or artisans, including the accessory sale of art produced on the premises.

Planned Development Master Plan The Planned Development Master Plan (which is submitted with the application for rezoning) consists of a PD Design Statement (definition #257)and a PD Concept Design Map (definition #256). See 7.09 PD Application and Review.

Planning and Zoning Commission The Planning and Zoning Commission of the City.

Planning Director The person(s) so designated by the City to provide oversight for and have responsibility of the City’s planning and development related duties. This term shall also include any designee of the Planning Director. Also, this term shall be inclusive of any future variations of the term, such as “Planning Division Manager” or “Zoning Administrator.”

Plastic Products Manufacturing The making of goods by processing plastics materials or raw rubber, with dust and fume control.

Plat A map or chart of the subdivision, lot or tract of land that is filed in the County plat records.

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Play Field or Stadium, Public An athletic field or stadium owned and operated by a public agency for the general public including a baseball field, football field, or stadium.

Plumbing/Electrical/Air Conditioning Store (Retail Sales Only) Establishments primarily engaged in retails sales of plumbing, heating, and air-conditioning equipment, without warehouse facilities, includes storage for ordinary repair but no materials for contracting work.

Police or Fire Station Protection centers operated by a governmental agency, including administrative offices, storage of equipment, temporary detention facilities, and the open or enclosed parking of safety vehicles; excluding, however, correctional institutions.

Polystyrene Foam Product Manufacturing This industry comprises establishments primarily engaged in manufacturing polystyrene foam products.

Principal Building The building that contains the primary function or activity on a lot.

Principal Use The primary or predominant use of any lot or building.

Printing/Duplication Shop or Mailing Center An establishment in which the principal business consists of duplicating and printing services using photocopy, blueprint, or offset printing equipment, including publishing, binding, and engraving; or A commercial business that conducts the retail sale of stationery products, provides packaging and mail services (both U.S. Postal and private service), and provides mailboxes for lease.

Private Utility A non-public utility requiring special facilities in residential areas or on public property such as electricity, natural gas, or telecommunications not customarily provided by the municipality or public utilities. All radiating equipment must comply with current Federal Communications Commission (FCC) or its successor, Environmental Protection Agency (EPA) or its successor, Occupational Health and Safety Administration (OSHA) or its successor, and all other applicable State and Federal regulatory agency requirements and guidelines for human safety.

Progress Towards Completion Progress towards completion of the project shall include any one of the following:

An Application for a final plat or plan for development is submitted; A good-faith attempt is made to file with the City an Application for a permit necessary to begin or continue towards completion of the project;

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Costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five percent of the most recent appraised market value of the real property on which the project is located; Fiscal security is posted with a regulatory agency to ensure performance of an obligation required by the regulatory agency; or Utility connection fees for the project have been paid to a regulatory agency.

Public Improvement Any facility or service together with its associated public site, Right-of-Way or easement necessary to provide transportation, storm drainage, public or private utilities, parks or recreational, energy or similar essential public services and facilities, for which the City or other government authority ultimately assumes the responsibility for maintenance, operation or ownership.

Public Stable A stable with a capacity for more than four (4) horses or mules.

Public Use or Building Any use or building held, used, or controlled exclusively for public purposes by any department or branch of government, federal, state, county, or municipal, without reference to the ownership of the building or of the realty upon which it is situated. A building belonging to or used by the public for the transaction of public or quasi-public business.

Radio or TV Station Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms. Excluded are facilities classified as major utility services or broadcasting or communication towers.

Railway right-of-way and Tracks and Passenger Stations A public or private right-of-way on which tracks for trains are constructed, a facility, whether light or heavy rail, for the boarding of passengers and related ticketing sales and offices.

Rear Yard The open space unoccupied and unobstructed extending across the rear of a lot from one side lot line to the other side lot line and having a depth of 20 percent of the depth of the lot. Accessory buildings may occupy up to 30 percent of the area of the required rear yard, except that in the A district where access to accessory buildings is from a public alley, more than 30 percent of the required rear yard may be covered by such buildings, and the accessory building equals at least 20 percent of the depth of the lot.

Record Drawings A group of drawings or plans that depicts the final configuration of the installed or constructed improvements of a development, improvements that have been verified by the contractor as their

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installation or construction occurs during development. The Record Drawings shall reflect the Construction Plans (or working drawings) used, corrected, or clarified in the field.

Recycling Center A facility in which recoverable resources, including but not limited to, paper, glassware and metals, are collected, stored, flattened, crushed, or bundled, essentially by hand but not limited to within a completely enclosed building.

Recycling Facility A parcel of land where damaged, inoperable, obsolete, or used, secondhand materials are bought, sold, exchanged, temporarily stored, processed or handled within an enclosed building. Such materials include, but are not limited to, scrap iron and other metals, bottles and machinery.

Religious Use A place of worship and religious training of recognized religions, including the on-site housing of ministers, rabbis, priests, nuns, and similar staff personnel.

Research or Scientific Laboratory An establishment that engages in research, testing or evaluation of materials or products, but not necessarily medical related.

Residence Hotel (Extended Stay Hotel) See Hotel, Resident Extended Stay

Residential Street A street that is intended primarily to serve traffic within a neighborhood or limited residential district and that is used primarily for access to abutting properties.

Residential Use Residential use means use of a structure as a residence.

Residential Zoning Districts Residential district means a single-family, duplex, townhouse, multi-family as defined in the zoning ordinance, see Table 1: Zoning Districts for a list of districts.

Restaurant or Cafeteria, with Drive-Up Window or Curb Service An establishment, with drive-up window or curb service, where food and drink are prepared and consumed primarily on the premises.

Restaurant or Cafeteria, without Drive-Up Window or Curb Service An establishment, without drive-up window or curb service, where food and drink are prepared and consumed primarily on the premises.

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Retail Stores and Shops An establishment engaged in the selling of goods and merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

Retail Tobacco Store A retail store that sells mainly tobacco products. This business may also sell tobacco accessories such as lighters, matches, cigarette holders and devices used to preserve tobacco, cigars or cigarettes, which are incidental to the sale of tobacco products.

Retaining Wall A non-building, structural wall supporting soil loads and live and dead surcharge loads to the soil, such as additional soil, structures and vehicles.

Retirement Housing Any age restricted housing development that may be in any housing form, including detached and attached dwelling units, apartments, and residences, offering private and semiprivate rooms and designed to provide meals and nursing care.

Right-of-Way A parcel of land occupied or intended to be occupied by a street or alley or other transportation infrastructure. A Right-of-Way may be used for other facilities and utilities, such as sidewalks, railroad crossings, electrical communication, oil or gas, water or sanitary or storm sewer facilities, or for any other use. The use of Right-of-Way shall also include parkways and medians outside of pavement.

Rodeo Grounds A public gathering place for rodeo activities in which there are performances of riders with horses and generally involving cattle. The area may involve various cattle pens, barns or shelters. Parking generally would involve double drive-through spaces for participants with trucks pulling horse trailers and standard parking for spectators.

RV Park A designated and defined parcel of land within a recreational vehicle park intended for temporary location of a recreational vehicle as a dwelling unit

School, Career Career schools including programs such as dental assisting, pharmacy technician, nurse aide, veterinary assistant, etc.

School, College or University (Private) Includes private school facilities providing K-12 education (Kindergarten, elementary, middle school, high schools or Private Universities).

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School, College or University (Public) Includes public school facilities providing K-12 education (Kindergarten, elementary, middle school, high schools or Public Universities).

Seamstress or Tailor Shop Establishments primarily engaged in manufacturing or modifying clothing.

Self-Storage (Mini Warehouse Facilities) See Storage Units, Mini

Self-storage, Security and Mini-warehouse Any storage use consisting of one or more buildings in which individual spaces of 1,000 square feet or less are rented or leased for private storage.

Servant’s Quarters See Guest House/Servants’ Quarters.

Setback Line A line within a lot, parallel to and measured from a corresponding lot line, establishing the minimum required yard and governing the placement of structures and uses on the lot.

Sexually Oriented Business A sex parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store, adult motel, or other commercial enterprise the primary business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.

Shoe Repair Shop An establishment with the principal business of repairing shoes.

Site Plan A Site Plan is a detailed, scaled drawing of all surface improvements, structures, and utilities proposed for development and is associated with the zoning ordinance.

Small Engine Repair Shop A shop for the repair of lawnmowers, chainsaws, lawn equipment, and other small engine equipment and machinery.

Smelter, Refinery, or Chemical Plant A building or facility for refining or processing oil or a chemical plant for producing chemical products or processing of those products.

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Soap and Cleaning Compound Manufacturing This industry comprises establishments primarily engaged in manufacturing and packaging soap and other cleaning compounds, surface active agents, and textile and leather finishing agents used to reduce tension or speed the drying process.

Special Zoning Districts The term “Special Zoning Districts” means a zoning district as listed a special zoning district within Table 1: Zoning Districts.

Specific Use Permit A zoning procedure to allow a specific use on a property. See Section 7.10 Specific Use Permit (SUP) for procedures. See Use Chart for which zoning districts allow a Specific Use Permit (SUP).

Stable A stable and related facilities open pasture where horses are quartered for owners.

Storage Units, Mini A building(s) containing separate, individual self-storage units for rent or lease. The conduct of sales, business, or any activity other than storage does not occur within any individual storage unit.

Storefront Storefronts are defined as the part of the building that fills the structural bay on the front façade at ground level.

Story That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. It is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.

Street A public Right-of-Way that provides vehicular traffic access to adjacent lands or for the movement of through traffic.

Structural Alterations Any change in any supporting member of a building, such as a bearing wall, column, partition, beam, or girder, or a change in the pitch or height of the roof.

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Structure Anything constructed or erected that requires location on the ground, or attached to something having a location on the ground, including, but not limited to advertising signs, billboards and poster panels, but exclusive of customary fences or boundary of retaining walls, sidewalks and curbs.

Studio Residence A dwelling unit or sleeping unit in which a significant portion of the space includes a nonresidential use that is operated by the tenant.

Subdivider Any person or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision. In any event, the term “subdivider” shall be restricted to include only the owner, equitable owner or authorized agent of such owner or equitable owner, of land to be subdivided.

Subdivision The division of a tract or parcel of land into two or more parts or lots for the purpose, whether immediate or future, of sale or building development or transfer of ownership with the exception of transfer to heirs of an estate, and shall include re-subdivision. Any other subdivision or re-subdivision of land contemplated by the provisions of Chapter 212, Local Government Code.

Subdivision Regulations The adopted subdivision regulations of the City.

SUP See Specific Use Permit (SUP) definition.

Surveyor A licensed State Land Surveyor or a Registered Public Surveyor, as authorized by the State to practice the profession of surveying.

Tattoo Studio A commercial use involving the marking of skin of persons with a design by a process of pricking or ingraining an indelible pigment or by raising scars, or similar method.

Taxi Garage or Dispatcher A service that offers transportation in passenger automobiles and vans to persons including those who are handicapped in return for remuneration. The business may include facilities for servicing, repairing, and fueling the taxicabs or vans.

Taxidermist An establishment whose principal business is the practice of preparing, stuffing, and mounting the skins of dead animals for exhibition in a lifelike state.

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Telephone Exchange (No Offices or Storage Facilities) A building used exclusively for the transmission and exchange of telephone messages, but the term shall not include wireless service towers.

Temporary Building for New Construction A structure or shelter used in connection with the construction of a development or building project for housing on the site of temporary administration and supervisory functions and for sheltering employees and equipment. Buildings are permitted for a specific period of time in accordance with a permit issued by the City.

Temporary Storage Unit/Container A transportable structure or container used primarily for temporary storage of building materials, household goods, personal items or other materials.

Textile Manufacturing, with dust and odor control Establishments primarily engaged in finishing of textiles, fabrics, and apparel, with dust and odor controls.

Thoroughfare See Arterial.

Thrift Store A profit or nonprofit business or organization that engages in or specializes in the sale or resale of previously owned or used goods and merchandise from an area greater than 25 percent of the total floor area devoted to retail sales and whose merchandise is donated or principally donated. A specialty retail store that sells used merchandise not donated for sale, including but not limited to used record stores, used book stores, used furniture stores, and sports trading card stores, shall not be considered a thrift store for the purpose of this ordinance.

Tinsmith / Sheet Metal Shop A shop where flat sheets of metal are shaped into three-dimensional objects and soldered, brazed or welded.

Tobacco Store An establishment principally for the retail sale of sealed containers of tobacco products. Tobacco product means any tobacco, cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco, which may be utilized for smoking, chewing, inhalation or other manner of ingestion or absorption.

Tower: Wind The monopole or freestanding lattice structure that supports a wind generator.

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Tower/Antenna: TV, Radio, Microwave, Telephone, or Cellular Structures supporting antenna for transmitting or receiving any portion of the radio spectrum, but excluding noncommercial antenna installations for home use of radio or television. See Wireless Communication System.

Trailer A portable dwelling unit designed to move on wheels from location to location by automobile or truck.

Transit Center Any premises, including train or bus stations, for the loading and unloading of passengers and the temporary parking of transit vehicles between routes or during stopovers and excluding overnight parking and storage of transit vehicles.

Transitional Home Facility See Halfway House

Transportation Plan The plan that guides the development of adequate circulation within the City, and connects the City street system to regional traffic carriers. Also referred to as the Thoroughfare Plan.

Truck A light or heavy load vehicle (see definitions for "light load vehicle" and "heavy load vehicle".

Truck Sales, Heavy Trucks The display, storage, sale, leasing, or rental of new or used panel trucks, vans, trailers, recreational vehicles, or buses in operable condition.

Truck Terminal An area and building where cargo is stored and where trucks, including tractor and trailer units, load and unload cargo on a regular basis. May include facilities for the temporary storage of loads prior to shipment.

Unmanned Equipment Building An accessory building housing electronic and communication equipment as an associated and permitted part of a wireless communication system.

Urethane and Other Foam Product (except Polystyrene) Manufacturing This industry comprises establishments primarily engaged in manufacturing plastics foam products

Usable Open Space An area or recreational facility that is designed and intended to be used for outdoor living or recreation. Usable Open Space may include recreational facilities, water features, required perimeter landscape areas, floodplain areas, and decorative objects such as art work or fountains.

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Used Car Lot A lot, or portion thereof, which is to be used only for the display and sale of automobiles that are in a condition to be driven on or off the lot. A used car lot shall not be used for the storage of wrecked automobiles, the dismantling of automobiles or the storage of automobile parts.

Utility Distribution/Transmission Line Facilities, including subsidiary stations that serve to distribute, transmit, transform, or reduce the pressure of gas, water, or electric current, including, but not limited to, electrical transmission lines, gas transmission lines, and metering stations.

Utility Easement See Easement.

Vehicle Storage Facility The removal and temporary storage of consent or nonconsent tows of operable automobiles on a lot or tract for the purpose of holding such vehicles for sale, distribution and/or storage. (This definition shall not include the storage of wrecked or inoperable vehicles or an automobile services use that has a tow truck and repairs vehicles on-site.)

Veterinarian Clinic An establishment where animals and pets are admitted for examination and medical treatment.

Vision Clearance A space left open and unobstructed by fences, structures, shrubs, trees, or other plant life along streets at the corner in front of the building line of lots contiguous to intersecting streets. Also called “intersection sight triangle.”

Warehouse Facilities characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or nuisances such as dust, noise, and odors, but not involved in manufacturing or production.

Water Storage Facility for the storage of water, either elevated or ground level.

Water Treatment Facility The facility or facilities within the water supply system that can alter the physical, chemical, or bacteriological quality of the water.

Wedding Chapel, Reception Facility, Special Events Center See Banquet Hall.

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Weight Loss Center An establishment that holds meetings for its membership, counsels, or sells products to encourage the personal weight loss of individuals.

Wholesale Center An establishment or place of business primarily engaged in selling or distributing merchandise to the general public, to retailers, to industrial, commercial, institutional, or professional business users, and to other wholesalers.

Wildlife Rehabilitation Center A property or building where wildlife animals are kept for the purpose of undergoing rehabilitation.

Wireless Communication System A system of equipment for communication purpose by cable, telegraph, telephone, or wireless broadcast and includes Antenna Support Structures for mobile and land based telecommunications. Systems include whip antennas, panel antennas, microwave dishes and receive-only satellite dishes, cell enhancers and related equipment for wireless transmission from a sender to one or more receivers, such as for mobile or cellular telephones, mobile radio systems facilities, commercial mobile radio service and radio or television (commercial only) broadcasting towers and transmitting stations. This definition is inclusive of the placement of the above-referenced equipment on a monopole tower, a steel lattice tower, guyed steel lattice tower and any communication tower which does or does not utilize guy wire support in addition to existing buildings or other independent support structures. This system shall also allow as one of its components an unmanned equipment shelter.

Wood Window and Door Manufacturing This industry comprises establishments primarily engaged in manufacturing window and door units, sash, window and door frames, and doors from wood or wood clad with metal or plastics.

Woodworking and Planing Mill Establishments with dust and noise control and primarily engaged in one or more of the following:

Manufacturing dimension lumber from purchased lumber; Manufacturing dimension stock (i.e., shapes) or cut stock; Re-sawing the output of sawmills; and Planning purchased lumber. These establishments generally use woodworking machinery, such as jointers, planers, lathes, and routers to shape wood.

Wrecking or Auto Salvage Yard A yard or building where automobiles or machinery are stored, dismantled and offered for sale as whole units, as salvaged parts or as processed metal.

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Yard An open space other than a court, on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein. In measuring to determine the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.

Yard, Front A yard across the full width of a lot extending from the front line of the main building to the front property line of the lot.

Yard, Rear A yard extending across the full width of the lot and measured between the rear property line of the lot and rear line of the main building, except that area included in the side yard as defined below.

Yard, Side A yard between the building and the side property line of the lot and extending from the front yard to the required minimum rear yard.

Zoning District Map The official map upon which the boundaries of the various zoning districts are drawn and which is an integral part of the Zoning Ordinance, which may also be cited as the Zoning Map.

See Zoning District Map.

Zoning Ordinance The adopted Zoning Ordinance of the City, as may be amended in the future, and may be referred as “the Zoning Ordinance.”

Zoning Special Exception See Section 8.03.B. Zoning Special Exception Defined.

Zoning Variance See Section 8.02.B. Zoning Variance .

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