LITTLE ELM ZONING ORDINANCE

TABLE OF CONTENTS ...... i

LIST OF TABLES ...... v

ARTICLE I – General Provisions 106.01.01 Title and Purpose ...... 1 106.01.02 Authority ...... 1 106.01.03 Jurisdiction and Application ...... 1 106.01.04 Compliance Required ...... 1 106.01.05 Document Rules of Construction ...... 3 106.01.06 Zoning Districts Established ...... 3 106.01.07 Official Zoning Map ...... 4 106.01.08 Zoning District Boundaries ...... 4 106.01.09 Fees ...... 5 106.01.10 Severability and Repealer ...... 5 106.01.11 Penalties and Enforcement ...... 5 106.01.12 Publication Required ...... 5 106.01.13 Definitions ...... 5 106.01.14 Land Use Definitions ...... 6 106.01.15 Other Zoning Ordinance Definitions ...... 18 106.01.16 to 106.01.20 – Reserved.

ARTICLE II – Administration and Procedures PART ONE - Administration 106.02.01 Planning & Zoning Commission ...... 28 106.02.02 Board of Adjustment ...... 30 106.02.03 Development Services Department ...... 34 106.02.04 Zoning Upon Annexation ...... 34 106.02.05 Creation of a Building Site ...... 35 106.02.06 Platting ...... 35 106.02.07 Vested Rights ...... 35 106.02.08 to 106.02.10 – Reserved. PART TWO - Procedures 106.02.11 Map Amendments to the Zoning Ordinance ...... 39 106.02.12 Text Amendments to the Zoning Ordinance ...... 41 106.02.13 Zoning Amendment Protest Procedure ...... 41 106.02.14 Conceptual Plan Approval ...... 44 106.02.15 Site Plan Approval ...... 45 106.02.16 Conditional Use Permit Approval ...... 45 106.02.17 Specific Use Permit Approval ...... 46 106.02.18 Building Permits and Certificates of Occupancy ...... 47 106.02.19 Complaints ...... 48 106.02.20 to 106.02.30 – Reserved.

ARTICLE III – Zoning Districts 106.03.01 Established Districts ...... 49 Development Standards Comparison – Non-residential ...... 49 Development Standards Comparison – Residential...... 50 106.03.02 Zoning Districts – Residential (a) A-1, Single Family District ...... 51

Little Elm Zoning Ordinance – TABLE OF CONTENTS AND LIST OF TABLES Page i (b) A-2, Single Family District ...... 52 (c) SF-RE, Single Family Ranchette Estate District ...... 53 (d) SF-1, Single Family District ...... 54 (e) SF-2, Single Family District ...... 55 (f) SF-3, Single Family District ...... 56 (g) SF-4, Single Family District ...... 57 (h) SF-X, Single Family Mixed Size District ...... 58 (i) D, Duplex Two Family District ...... 59 (j) TH, Townhome District ...... 60 (k) PH, Patio Home District ...... 62 (l) MF, Multi-Family District ...... 64 (m) MH-1, Manufactured Home Single Family District ...... 67 106.03.03 Zoning Districts – Non-residential/Commercial/Industrial (a) AG, Agricultural District ...... 68 (b) O, Office District ...... 70 (c) NS, Neighborhood Service District ...... 71 (d) CF, Community Facilities District ...... 72 (e) LC, Light Commercial District ...... 73 (f) HC, Heavy Commercial District ...... 74 (g) LI, Light Industrial District ...... 75 (h) HI, Heavy Industrial District ...... 76 106.03.04 to 106.03.10 – Reserved.

ARTICLE IV – Special Districts 106.04.01 US 380 Overlay ...... 77 106.04.02 Lakefront District ...... 80 106.04.03 Planned Development Districts ...... 96 106.04.04 Floodplain Overlay Districts ...... 98 106.04.05 Manufactured Home District ...... 99 106.04.06 to 106.04.10 – Reserved.

ARTICLE V – Use Regulations 106.05.01 Schedule of Uses ...... 106 (a) Residential Zoning Districts ...... 106 (b) Non-residential Zoning Districts ...... 112 106.05.02 Special Regulations for Specific Permanent Land Uses ...... 117 106.05.02.1 Accessory Uses ...... 117 (a) Accessory Structures for Non-Residential Districts/Land Uses ...... 117 (b) Accessory Structures for Residential Districts/Land Uses ...... 117 (c) Swimming Pools and Hot Tubs ...... 118 (d) Detached Garages...... 118 (e) Carports ...... 119 (f) Accessory Dwelling Units ...... 119 (g) Patios, Covered or Partially Enclosed ...... 120 (h) Patios, Flatwork ...... 120 (i) Farm Accessory Structures ...... 120 106.05.02.2 Permanent Land Uses (Other than Accessory Uses) ...... 121 (a) Airport/Helipad/Heliport ...... 121 (b) Alternative Energy Sources – Solar ...... 121 (c) Alternative Energy Sources – Wind Energy ...... 122 (d) Alternative Financial Services ...... 123 (e) Bars/Brewpubs ...... 123 (f) Bed and Breakfast ...... 124

Little Elm Zoning Ordinance – TABLE OF CONTENTS AND LIST OF TABLES Page ii (g) Caretaker or Guard Residence ...... 124 (h) Communications Antennas...... 124 (i) Communications Support Structure/Towers ...... 125 (j) Home Child Care ...... 126 (k) Home Occupations ...... 126 (l) Hotel, Extended Stay ...... 128 (m) Hotel, Full Service ...... 128 (n) Hotel, Limited Service ...... 128 (o) Liquor Stores ...... 129 (p) Manufactured Home Replacement ...... 129 (q) Media Studio (Radio/Television/Cable) ...... 129 (r) Mixed Use Building ...... 130 (s) Open Storage, Permanent or Ongoing ...... 130 (t) Private Street Development/Gated Communities - Existing Subdivisions ...... 133 (u) Private Street Development/Gated Communities - New Subdivisions ...... 134 (v) Sexually-Oriented Businesses ...... 135 (w) Vending Kiosk, Commercial ...... 135 (x) Vending Kiosk, Not-for-Profit ...... 135 106.05.03 Special Regulations for Specific Temporary Land Uses ...... 136 (a) Batch Plants, Temporary ...... 136 (b) Construction Yard, Temporary ...... 137 (c) Farmers Market, Temporary ...... 137 (d) Field Office, Temporary ...... 140 (e) Model Home, Temporary ...... 140 (f) Open Storage, Temporary ...... 140 (g) Open Storage, Temporary, Under Eave Display ...... 141 (h) Seasonal Sales ...... 141 106.05.04 New and Unlisted Uses ...... 142 106.05.05 Nonconforming Uses ...... 142 106.05.06 to 106.05.10 – Reserved.

ARTICLE VI – Site Development Standards PART ONE, Exterior Construction and Architectural Design Standards 106.06.01 Limitations to Development ...... 146 106.06.02 Architectural Design Standards, Generally ...... 146 106.06.03 Architectural Standards for Residential Structures ...... 147 106.06.04 Architectural Standards for Multi-Family Structures ...... 148 106.06.05 Architectural Standards for Commercial Structures ...... 150 106.06.06 Architectural Standards for Industrial Structures ...... 154 106.06.07 Architectural Standards for Specific Structures ...... 154 (a) Gas Pumps and Fueling Stations ...... 154 (b) Mechanical Equipment ...... 155 (c) Dumpster Enclosures ...... 155 (d) Buildings that include Bay Doors ...... 155 106.06.08 Special Height and Area Regulations ...... 155 106.06.09 to 106.06.10 – Reserved.

PART TWO, Landscaping and Tree Preservation 106.06.11 Landscaping General Administration ...... 157 106.06.12 Landscaping Definitions ...... 159 106.06.13 Landscaping Plans ...... 161 106.06.14 Landscaping Standards ...... 162 106.06.15 Plant List ...... 164

Little Elm Zoning Ordinance – TABLE OF CONTENTS AND LIST OF TABLES Page iii 106.06.16 Residential Landscape Requirements (a) Single Family Requirements ...... 165 (b) Townhome Requirements ...... 166 106.06.17 Multi-Family Requirements ...... 166 106.06.18 Commercial Landscape Requirements ...... 167 (a) Interior Landscape Requirements ...... 167 (b) Perimeter Landscape Requirements ...... 169 (c) Landscape Point System ...... 169 106.06.19 Thoroughfare and Median Landscaping ...... 170 106.06.20 Xeriscaping ...... 172 106.06.21 Tree Preservation ...... 173 106.06.22 Tree Mitigation ...... 175 106.06.23 to 106.06.30 – Reserved.

PART THREE, Screening Walls and Fences 106.06.31 Screening ...... 178 106.06.32 Residential Fences ...... 181 106.06.33 to 106.06.40 – Reserved.

PART FOUR, Parking, Stacking, and Loading Standards 106.06.41 Parking Standards ...... 184 106.06.42 Parking Access from a Public Street – All Districts ...... 185 106.06.43 Off-Street Parking Standards – Residential Districts ...... 186 106.06.44 Off-Street Parking Standards – Non-Residential and Multi-Family Districts ...... 186 106.06.45 Parking Requirements per Land Use ...... 187 106.06.46 Stacking Standards ...... 189 106.06.47 Off-Street Loading Spaces ...... 190 106.06.48 Bicycle Parking ...... 191 106.06.49 to 106.06.50 – Reserved.

PART FIVE, Lighting Standards 106.06.51 Lighting Administration ...... 192 106.06.52 Lighting Calculations and Definitions ...... 192 106.06.53 Lighting Regulations ...... 195 106.06.54 Lighting Exemptions and Variances ...... 198 106.06.55 to 106.06.60 – Reserved.

PART SIX, Performance Standards 106.06.61 Performance Standards, Generally ...... 199 106.06.62 Noise ...... 199 106.06.63 Smoke and Particulate Matter ...... 203 106.06.64 Odorous Matter ...... 204 106.06.65 Flammable or Explosive Hazard Material ...... 204 106.06.66 Toxic and Noxious Matter ...... 205 106.06.67 Vibration ...... 205 106.06.68 Glare ...... 205 106.06.69 to 106.06.80 – Reserved.

Little Elm Zoning Ordinance – TABLE OF CONTENTS AND LIST OF TABLES Page iv LIST OF TABLES ARTICLE I General Provisions Table A Current Zoning Districts ...... 3

ARTICLE II Administration and Procedures Table A Future Land Use Plan/Zoning District Conversion Table...... 39

ARTICLE III Zoning Districts Table A Current Zoning Districts and Regulations ...... 49 Table B Comparison of Non-Residential Development Standards ...... 49 Table C Comparison of Residential Development Standards ...... 50 Table D A-1 Single Family Development Standards ...... 51 Table E A-2 Single Family Development Standards ...... 52 Table F SF-RE Ranchette Estate Development Standards ...... 53 Table G SF-1 Single Family Development Standards ...... 54 Table H SF-2 Single Family Development Standards ...... 55 Table I SF-3 Single Family Development Standards ...... 56 Table J SF-4 Single Family Development Standards ...... 57 Table K SF-X Single Family Mixed Development Standards ...... 58 Table L D Duplex Two Family Development Standards ...... 59 Table M TH Townhome Development Standards ...... 61 Table N PH Patio Home Development Standards ...... 63 Table O MF Multi-Family Development Standards ...... 64 Table P MH-1 Manufactured Home Single Family Development Standards ...... 67 Table Q AG Agricultural Development Standards ...... 68 Table R O Office Development Standards ...... 70 Table S NS Neighborhood Services Development Standards ...... 71 Table T CF Community Facilities Development Standards ...... 72 Table U LC Light Commercial Development Standards ...... 73 Table V HC Heavy Commercial Development Standards ...... 74 Table W LI Light Industrial Development Standards ...... 75 Table X HI Heavy Industrial Development Standards ...... 76

ARTICLE IV Special Districts Table A 380 Overlay District Height and Slope Development Standards ...... 78 Table B Lakefront Building Disposition ...... 84 Table C Lakefront Parking Calculations ...... 88 Table D Lakefront Shared Parking Factors ...... 88 Table E Lakefront Open Space ...... 91

ARTICLE V Use Regulations Table A Schedule of Uses, Residential Zoning Districts ...... 106 Table B Schedule of Uses, Non-Residential Zoning Districts...... 112

ARTICLE VI Site Development Standards Table A Exterior Categories and Materials for Multi-Family ...... 149 Table B Exterior Categories and Materials for Commercial ...... 151 Table C Required Exterior Percentages for Commercial ...... 152 Table D Plant List, Approved and Prohibited ...... 164 Table E Vegetation Required per Residential Lot ...... 165 Table F Multi-Family Required Open Space ...... 167 Table G Number of Landscape Points per Acre ...... 169 Table H Landscape Points per Amenity Type ...... 170 Little Elm Zoning Ordinance – TABLE OF CONTENTS AND LIST OF TABLES Page v Table I Tree Valuation Schedule ...... 176 Table J Tree Valuation Formula ...... 176 Table K Parking and Drive Aisle Dimensions ...... 184 Table L Required Parking Ratios ...... 188 Table M Required Stacking Spaces ...... 189 Table N Required Loading Spaces ...... 190 Table O Prohibited Outdoor Lighting Types ...... 195 Table P Permitted Outdoor Lighting Types ...... 195 Table Q Maximum Noise Levels ...... 201 Table R Vibration Limits, All Districts except HI ...... 205 Table S Vibration Limits, HI District ...... 205

Little Elm Zoning Ordinance – TABLE OF CONTENTS AND LIST OF TABLES Page vi ARTICLE I – GENERAL PROVISIONS

106.01.01 ...... Title and Purpose (a) Title. This Chapter shall be known and may be cited as the Town of Little Elm’s “Zoning Ordinance.”

(b) Purpose. The zoning regulations and districts as herein established have been made in accordance with an adopted comprehensive plan for the purpose of promoting the public health, safety, morals and general welfare, and protecting and preserving places and areas of historical, cultural and/or architectural importance and significance within the Town. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic and other dangers; to ensure adequate light and air; to prevent the overcrowding of land and thus avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, wastewater treatment, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of each zoning district and its particular suitability for the uses specified; and with a view to conserving the value of buildings and attributes and to encouraging the most appropriate use of land throughout the Town.

106.01.02 ...... Authority This zoning Chapter is adopted under the authority of TEXAS LOCAL GOVERNMENT CODE Ch. 211, which is hereby made a part of this Chapter.

106.01.03 ...... Jurisdiction and Application (a) The provisions of this Chapter apply to the use and development of all land within the incorporated limits of the Town.

(b) No buildings or structures, including signs and temporary structures, are allowed to be constructed within the Town of Little Elm unless all applicable permits have been approved by the appropriate department and/or the governing body responsible for approving such permit.

(c) No person shall erect, construct, or proceed or continue with, the erection or construction of any building or structure within the Town in a manner that does not comply with this Chapter.

(d) All land, buildings, structures or building appurtenances within the Town which are occupied, used, erected, altered, removed, demolished or converted shall be used, removed, placed and erected in conformance with the development and use regulations applicable to the zoning district in which such land or building is located.

106.01.04 ...... Compliance Required (a) Compliance Hereafter. All land, buildings, structures or appurtenances thereon located within the Town which are occupied, used, constructed, erected, removed, placed, demolished, or converted after the effective date of this Chapter shall be occupied, used, erected, altered, removed, placed, demolished or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located, as hereinafter provided, or such shall be subject to penalties provided in Section 106.01.11, “Penalties and Enforcement” of this Chapter. All of the standards and regulations prescribed herein shall be considered as the minimum requirement unless explicitly stated otherwise.

(b) Use Conflicting with Other Regulations. No uses shall be allowed that are prohibited by state or federal law or that operate in excess of state or federal environmental, pollution or performance standards as determined by the U.S. Environmental Protection Agency (EPA), Texas Air Control Board (TACB), Texas State Department of Health (TSDH), Texas Commission on Environmental Quality (TCEQ), Federal Aviation Administration (FAA), Federal Communications Commission (FCC), or any other applicable state or federal agency, as the case may be.

(c) Restrictiveness. Where the regulations imposed herein are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule or

Little Elm Zoning Ordinance – ARTICLE I, GENERAL PROVISIONS Page 1

regulation of any kind, the regulations which are more restrictive and impose higher standards are the requirements that shall govern.

(d) Abrogation. The provisions of these regulations are not intended to abrogate any easement, covenant or other private agreement, provided that where the requirements of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement, the requirements of these regulations shall govern.

(e) Cumulative Effect. The provisions of these regulations are cumulative and additional limitations upon all other laws and ordinances heretofore passed or which may be passed hereafter governing any subject matter set forth in the provisions of these regulations.

(f) Error Correction. In the event that any property or Zoning District set forth on the Zoning District Map as provided in Section 106.01.07, “Official Zoning Map” of this 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 and/or supplemented according to the following. (1) Applicants. The property owner of said tract, the Town Council, or the Planning & Zoning Commission may submit an application to the Director to initiate the error correction process. (2) Process. The error correction must be processed as a zoning map or text amendment according Section 106.02.11, “Map Amendments to the Zoning Ordinance” and Section 106.02.12, “Text Amendments to the Zoning Ordinance.”

(g) Director Authority to Interpret the Zoning Ordinance. (1) Unless specified within a section, the Director shall have the authority to interpret and enforce this Zoning Ordinance. (2) A person aggrieved by the Director’s interpretation may appeal the interpretation to the Board of Adjustment pursuant to Section 106.02.02(d), “Appeal of Director’s Decision.”

(h) Setbacks, Yards, and Open Spaces. No lot upon which a building has been erected shall later be so reduced in area that the setbacks, yards and/or open spaces shall be smaller than those required by this Chapter, nor shall a part of a yard or other open space required by this Chapter for any building or lot be included as a part of a yard or other open space similarly required for another building or lot.

(i) Residential Pavement. Any concrete flatwork (e.g. drives, patios, etc.) is subject to the setback regulations included in this Chapter and in the Subdivision Ordinance.

(j) Applications in Relation to Zoning. No construction or final plat applicable to land that is located within the town limits must be submitted for approval until the area contained within the plat has been zoned for the proposed use of the property.

(k) Existing Uses. All existing uses that may be nonconforming after the effective date of this Chapter must comply with Section 106.05.05, “Nonconforming Uses.”

(l) Establishment of Legal Nonconforming Status. For purposes of interpretation of this section, any uses, structures and/or lots which in whole or part are not in conformance with current zoning standards shall be considered as follows: (1) Legal nonconforming. Defined as those uses, structures or lots which in whole or part are not in conformance with current zoning standards, but were legally established at a prior date at which time they were in conformance with applicable standards. Such uses, structures or lots may be maintained or potentially altered subject to the provisions of Section 106.05.05, “Nonconforming Uses.” (2) Illegal status. Those uses, structures or lots which in whole or part are not in conformance with current zoning standards and were not in conformance with applicable standards at the time of their inception shall not be considered nonconforming, but shall be considered illegal uses, structures, or lots and shall not be

Little Elm Zoning Ordinance – ARTICLE I, GENERAL PROVISIONS Page 2

approved for any alteration or expansion, and must undertake necessary remedial measures to reach conformance with current standards, or be discontinued. (3) Time of adoption. Any use, platted lot, and/or structure is a lawful use at the time of the adoption of any amendment to this ordinance but by such amendment is placed in a district wherein such use, platted lot, and/or structure is not otherwise permitted shall be deemed legal nonconforming. (4) Annexation. If a use, platted lot and/or structure was in existence at the time of annexation to the Town and has since been in regular and continuous use shall be deemed legal nonconforming.

(m) Burden of Demonstrating Nonconformance. The burden of establishing that any nonconformity is a legal nonconformity as defined in this subsection shall be borne by the owner or proponent of such nonconformity.

(n) Characteristic of the Land. Zoning is considered to be a characteristic of the land rather than a characteristic of the landowner. Zoning cannot be bought or sold separate from land and improvements.

106.01.05 ...... Document Rules of Construction The language set forth in these regulations will be interpreted in accordance with the following rules of construction: (a) Number. The singular number includes the plural and the plural the singular.

(b) Tense. The present tense includes the past and future tenses and the future the present.

(c) Mandatory and Permissive Language. The words "shall," “will” and "must" are mandatory while the words "may" and “should” are permissive (i.e. optional).

(d) Gender Terms. The masculine gender includes the feminine and neuter.

(e) Parentheses. Any word appearing in parentheses directly after a word herein defined shall be construed in the same sense as that word.

(f) Conflicts. If there is an expressed conflict: (1) The text of this ordinance controls over the charts or any other graphic display in this ordinance; and (2) The use regulations control over the district regulations in this ordinance.

106.01.05 ...... Zoning Districts Established The following zoning districts are established and are applied to property with the Town as set forth on the Official Zoning District Map. ARTICLE I, TABLE A - Current Zoning Districts SF-RE Ranchette Estate SF-1 Single Family 1 SF-2 Single Family 2 SF-3 Single Family 3 SF-4 Single Family 4 SF-X Single Family Mixed A-1 Single Family A-1 A-2 Single Family A-2 TH Townhouse PH Patio Homes MH-1 Manufactured Home District MH-2 Manufactured Home Park D Duplex MF Multi-family AG Agricultural O Office CF Community Facilities NS Neighborhood Services

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LC Light Commercial HC Heavy Commercial TC Town Center LI Light Industrial HI Heavy Industrial 106.01.07 ...... Official Zoning District Map (a) Division into Zoning Districts. The Town is hereby divided into zones, or districts, and the boundaries of zoning districts set out herein are delineated upon the zoning district map of the Town, which may also be cited as the “zoning map,” said map being adopted as a part of this Chapter as fully as if the same were set forth herein in detail. (1) One original of the zoning district map shall be filed in the office of the Town Secretary and labeled as “Zoning Map of the Town of Little Elm, Texas - Ordinance No. 1407.” This copy shall be the official zoning district map and shall bear the signature of the Mayor, attested by the Town Secretary, and shall bear the seal of the Town under the following words: “This is to certify that this is the Official Zoning Map referred to in Section 106.01.07(a)(1) of the Zoning Ordinance of the Town of Little Elm, Texas, adopted on the [date of ordinance adoption]” The original map shall not be changed in any manner. In case of any question, this copy, together with amending ordinances, shall be controlling. (2) A copy of the original zoning district map shall be placed in the office of the Mayor/Town Manager or his/her designee. The map copy shall be used for reference and shall be maintained up-to-date by posting thereon all subsequent amendments. Reproductions for informational purposes may only be made of the official zoning district map or this copy.

(b) Zoning map changes/amendments. Any changes/amendments made to the zoning district boundaries shall be made on the map copy promptly after the amendment has been approved by the Town Council, together with a descriptive entry on the map as follows: “On the ___th day of ______, 20__, by official action of the Town Council of Little Elm, Texas, the following change was made on the Town’s official Zoning District Map: ______(enter a brief description of the nature of the change), Ordinance No. ______, effective date ______, 20___”. The descriptive entry shall be signed by the Mayor and attested by the Town Secretary.

106.01.08 ...... Zoning District Boundaries (a) 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: (1) Centerlines. Boundaries indicated as approximately following the centerlines of streets, highways or alley shall be construed to follow such centerlines. (2) Platted lot lines. Boundaries indicated as approximately following lot lines shall be construed as following such lot lines. (3) Town limits. Boundaries indicated as approximately following Town limits shall be construed as following Town limits. (4) Shore lines. Boundaries indicated as following shore lines shall be construed to follow such shore lines and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the centerlines of streams, rivers, lakes, or other bodies of water shall be construed to follow such centerlines. (5) Natural features. Boundaries indicated as parallel to or extensions of feature indicated in subsections (1) through (4) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map. (6) Vacated public way. Whenever any street, alley, or other public way is vacated by official action of the Town Council or whenever such area is franchised for building purposes, the vacated area must be rezoned according to Section 106.02.11 “Map Amendments to the Zoning Ordinance.” (7) Boundary as a condition of zoning approval. 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. Little Elm Zoning Ordinance – ARTICLE I, GENERAL PROVISIONS Page 4

(8) Interpretation. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map or in other circumstances not covered by subsections (1) through (7) of this section, the Town Council shall interpret the district boundaries. (Ord. No. 226, § 3, 10-20-1986)

106.01.09 ...... Fees (a) The Town Council shall establish a schedule of fees, charges, and expenses, and a collection procedure, for building permits, certificates of zoning compliance, appeals, and other matters pertaining to this Chapter. The schedule of fees shall be posted in the office of the Director and may be altered or amended only by the Town Council.

(b) No permit, certificate, special exception, or variance shall be issued unless or until such costs, charges, fees, or expenses have been paid in full; nor shall any action be taken on proceedings before the Board of Adjustment unless or until preliminary charges and fees have been paid in full.

(c) For the establishment of a schedule of fees for changes in zoning, the fee shall cover all of the costs which the Town incurs in processing a zoning case, including the costs of publication and the cost of individual notices, engineering review, potential legal fees, etc. The Town incurs those costs whether or not an applicant is successful in the request for a change in zoning. Therefore, the fee is not refundable to an applicant in the event a change in zoning is not approved.

(d) If the applicant for a permit has not paid all amounts then due and outstanding to the Town (other than amounts for ad valorem taxes) directly related to any project, including, without limitation, the payment of any amounts secured by liens filed against any property by the Town and fines owed by the owner, the Town will not issue any permits of any kind until the liens, fines or fees against the applicant for said permit are paid in full including any interest owed to the Town. (Ord. No. 226, § 17, 10-20-1986; Ord. No. 654, § 1, 7-20-2004)

106.01.10 ...... Severability and Repealer (a) Severability. Should any section or provision of this Chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid. (Ord. No. 226, § 22, 10-20-1986)

(b) Repealer. All ordinances or parts of ordinances in conflict with any of the provisions of this Chapter are hereby repealed insofar as the same are in conflict with the provisions hereof. (Ord. No. 226, § 23, 10-20-1986)

106.01.11 ...... Penalties and Enforcement (a) Violation of the provisions of this Chapter or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this Chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined a sum not to exceed two-thousand dollars ($2,000). Each day such violation continues shall be considered a separate offense.

(b) The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

(c) Nothing herein contained shall prevent the Town from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. No. 226, § 21, 10-20-1986)

106.01.12 ...... Publication Required Providing for publication of the caption of this Chapter and an effective date hereof. The caption of this Chapter shall be published one time in a newspaper having general circulation in the Town and shall be effective immediately upon its passage and publication. (Ord. No. 226, § 27, 10-20-1986)

106.01.13 ...... Definitions The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this

Little Elm Zoning Ordinance – ARTICLE I, GENERAL PROVISIONS Page 5 section, except where the context clearly indicates a different meaning. Words used in the present tense include the future; words in the singular number include the plural number, and words in the plural number include the singular number; the word "building" includes the word "structure;" the word "shall" is mandatory and not discretionary.

106.01.14 ...... Land Use Definitions Accessory Structure. Any structure, either attached or detached from the main building, located on the same lot, the use of which is incidental to that of the main structure. Accessory structures include, but are not limited to, patio covers, arbors, gazebos, cabanas, outdoor kitchens, recreational fire enclosures, trellis, and structures/sheds or the like. A permit is required for many accessory structures. (See Sections 106.05.021(a) and (b), “Accessory Uses – Residential” and “Accessory Uses – Non-residential,” respectively, for regulations) Airport or Landing Field. A landing facility for fixed or rotary wing aircraft containing a minimum of sixty (60) acres. (See Section 106.05.022(a), “Airport/Helipad/Heliport” for regulations) Airport/Heliport. A place where aircraft and/or helicopters can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for pilots and passengers. (See Section 106.05.022(a), “Airport/Helipad/Heliport” for regulations) Alternative Energy Systems.  Solar Devices. A solar panel or device is a structure that is intended to capture the light from the sun and transfer that energy to electricity for general use. (See Section 106.05.022(b), “Alternative Energy Sources – Solar” for regulations)  Wind Energy Conversion System (WECS). Any mechanical device, such as a wind charger, windmill, or wind turbine, which is designed to extract kinetic energy from the wind and converts or stores it for practical use or a form of usable energy. (See Section 106.05.022(c), “Alternative Energy Sources – Wind Energy” for regulations) Alternative Financial Services. A check cashing business, payday advance or loan business, money transfer business, car title loan business or pawn shop. (See Section 106.05.022(d), “Alternative Financial Services” for regulations)  Car Title & Loan Services. An establishment that makes small 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. The loan terms are often for thirty (30) days and 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.  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 federally chartered bank, savings and loan association or credit union, pawnshop, grocery store or gas station, so long as the gas station does not handle more than 100 such transactions within any calendar month.  Pawn Shop. A shop that lends money in exchange for valuable personal property as security deposited with it or pledged to it. This definition includes the sale of such securities after repossession and the sale of merchandise generally found in retail stores.  Payday Advance or Loan Business. An establishment 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 applicant's check.  Bank, Savings and Loan or Credit Union. 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 Little Elm Zoning Ordinance – ARTICLE I, GENERAL PROVISIONS Page 6

typically licensed by the appropriate state or federal agency as a bank, savings and loan association, or credit union. This includes businesses' activities listed under SIC Codes 60 and 61, but excludes pawnshops, check cashing businesses, payday advance/loan businesses and car title loan businesses. Amenity Center. A recreational facility, including, but not limited to, clubhouse, swimming pool, or play area, operated for the exclusive use of private residents or neighborhood groups and their guests, and not open to the general public. Antenna. An instrument or device consisting of wires, poles, rods, or reflecting discs, designed for transmitting or receiving any portion of the radio, microwave, or electromagnetic spectrum. (See Section 106.05.022(h), “Communications Antennas” for regulations) Antenna Support Structure. Any tower, mast, pole, tripod, box frame, or other structure utilized for the purpose of transmission, retransmission, and/or reception of electromagnetic, radio, television, or microwave signals and used for commercial broadcasting or telecommunication purposes. This definition shall also include a satellite dish exceeding twelve (12) feet in diameter and a microwave-transmitting tower. All radiating equipment must comply with Federal Communications Commission (FCC), Environmental Protection Agency (EPA), Occupational Health and Safety Administration (OSHA), and all other applicable State and Federal regulatory agency requirements and guidelines for human safety, as they exist or may be amended. Definition includes ancillary ground equipment. (See Section 106.05.022(i), “Communications support Structures/Towers” for regulations) Antenna, Stealth. A Stealth Antenna is a commercial antenna that is designed to be non-obtrusive, or virtually transparent or invisible to the surrounding neighborhood. Stealth Antennas include, but are not limited to:  Antennas within a building’s attic space,  Antennas on the roof of a minimum three-story building and not visible from the property line of the lot on which the antenna is located,  Antennas on a public utility structure, such as a water tower or high transmission line support tower, and painted to match the structure,  Antennas located within a structure such as a flagpole, church steeple, lamppost, subdivision monument, clock tower, or similar architectural feature, and antennas located on an athletic field light pole. Antique Shop and Used Furniture. A retail establishment engaged in the selling of works of art, furniture, or other artifacts of an earlier period, with all sales and storage occurring inside a building. Arcade. An establishment in which there are located six or more skill or pleasure machines used for compensation. Found in the Schedule of Uses as “Commercial Amusement, Indoor.” Assembly Uses. A building or structure for the gathering together of persons for purposes of civic, social or religious functions. Athletic Stadium or Field, Private. A private field and/or structure used for sporting events with associated spectator seating, either permanent or temporary. Athletic Stadium or Field, Public. A field and/or structure owned and operated by the Town and/or a local independent school district used for sporting events with associated spectator seating, either permanent or temporary. The stadium may include other accessory buildings such as a food service or catering facility and/or dressing rooms/showers. Automated Dispenser Machine. An unmanned, free-standing structure that dispenses goods that may include, but are not limited to, water, ice, entertainment videos or CDs, newspapers, and soft drinks, that may be located outside of or separate from the primary structure. Automated Intake Machine. An unmanned, free-standing structure that is designed to receive certain goods that include, but are not limited to, recycling items, library books and donations, that may be located outside of or separate from the primary structure. Automated Teller Machine (ATM). An unmanned, free-standing structure that performs banking financial functions at a location that may be separate from the controlling financial institution. Automobile. A self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people, including, but not limited to, passenger cars, trucks, buses, motor scooters, and motorcycles. Little Elm Zoning Ordinance – ARTICLE I, GENERAL PROVISIONS Page 7

Automobile and Boat Repair, Major. A building or portion thereof whose principal use is for the repair, servicing, equipping, or maintenance of motor vehicles or motor vehicle components, including engines, radiators, starters, transmissions, brakes, tires and wheels, seats and similar components that may require overnight outdoor storage of vehicles awaiting or under repair, if screened in compliance with all applicable regulations. General repair or reconditioning of engines, air-conditioning systems, and transmissions for automobiles; wrecker or towing service with on-site storage of vehicles; collision services including body, frame, or fender straightening or repair; customizing; painting; vehicle steam cleaning; tire retreading; insurance estimations with on-site storage; undercoating and rust proofing, and other similar uses. Automobile and Boat Repair, Minor. A daytime retail operation wherein the sale, installation, and/or inspection of tires, batteries, brakes and other related minor parts or accessories is carried on; specifically intended to exclude major automotive repair and overnight outdoor storage of vehicles awaiting or under repair. Automobile and Boat Sales, Accessories. A retail shop that sells parts or accessories for vehicles that does not include any installation of same. Automobile and Boat Sales, New. Retail sales or leasing of new automobiles, light load vehicles or boats. Sales, rental, and/or leasing of new automobiles or light load vehicles, including, as accessory uses: sales, repair, and automobile storage. Automobile and Boat Sales, Outside Display. The use of any land area for the display and sale of new or used vehicles and accessory parts, including tires, for automobiles, trucks, vans, trailers, or recreation vehicles. Automobile and Boat Sales, Used. Retail sales or offering for sale of used automobiles, light load vehicles or boats. Automobile and Boat/RV Storage. The storage on a lot or tract of operable motor vehicles for the purpose of holding such vehicles for sale, distribution or storage. Automobile Parking Garage. A structure where the parking of automobiles. Automobile Parking Lot. An area where a fee is charged for parking automobiles. Automobile Wash, Automated Secondary Use. A facility for the washing of motor vehicles, including a self-service operation, operated in conjunction with another primary use, such as fueling stations or convenience stores. Automobile Wash, Full Service. A facility where a customer may have an automobile, motorcycle, or other vehicles washed in exchange for financial remuneration. This definition generally includes detailing of the vehicle and may include other services, such as leather or upholstery cleaning. Automobile Wash, Self Service. A facility, typically coin or token operated, used by the customer to wash their own automobiles, motorcycles, and other vehicles. Bakery, Candy or Ice-Cream Shop. A relatively small retail establishment that primarily sells baked goods, candy and other confections, and/or ice-cream/yogurt for on-premises consumption or take-out. Bar. An establishment principally for the sale and consumption of alcoholic beverages on the premises that derives seventy-five percent (75%) or more of its gross revenue on a quarterly (three-month) basis from the sale or service of alcoholic beverages, as defined in the Texas Alcoholic Beverage Code, for on-premises consumption. If an establishment is located in a hotel or motel, the gross revenues of the particular establishment, rather than the gross revenues of the entire hotel or motel, will be used in calculating the percentage of revenues derived from the sale or service of alcoholic beverages. (See Section 106.05.022(e), “Bar or Brewpub” for regulations) Bed and Breakfast Inn. An owner-occupied private home which offers lodging for paying guests not to exceed one week in duration, and which serves breakfast to these guests and which contains one or more guest bedrooms. (See Section 106.05.022(f), “Bed and Breakfast” for regulations) Body Art Studio. An establishment whose services include tattooing and/or body piercing. Tattooing shall mean the placing of designs, letters, figures, symbols or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin. Body piercing shall mean the creation of an opening in an individual's body,

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other than ear piercing, to insert jewelry or other decoration. Brewpub. An establishment where the on-site brewing of beer occurs as well as tasting and/or retail sales. (See Section 106.05.022(e), “Bar or Brewpub” for regulations) Building Material and Hardware Sales, Major. An establishment for the sale of materials customarily used in the construction of buildings and other structures, including outside storage or display of materials or merchandise and may include the rental of construction tools and/or vehicles. Building Material and Hardware Sales, Minor. An establishment for the sale of materials customarily used in the construction of buildings and other structures, without any outside storage or display of materials or merchandise. Campground or RV Park. Any area that is designed for occupancy by transients using tents, mobile trailers, or recreational vehicles for temporary sleeping purposes. Also, a tract of land on which two (2) or more campsites are located, established, or maintained as temporary living quarters for recreation, education or vacation purposes. Caretaker's/Guard's Residence. A residence located on a premises with a main nonresidential use and occupied only by a caretaker or guard, and his/her family, employed on the premises. (See Section 106.05.022(g), “Caretaker or Guard Residence” for regulations) Catering Service. A business which offers prepared food and drink for consumption elsewhere. Child Care Center, Incidental. A place designed solely for the care of children belonging to employees and/or patrons of the primary use. The center shall be completely contained within the primary use and shall not constitute more than fifteen percent (15%) of the main use. The operating hours of the center shall be the same as the primary use and shall not include overnight lodging, medical treatment, counseling, or rehabilitation services. This use may be subject to regulation by the Texas Department of Family and Protective Services. Child Care Center. A facility that is licensed to care for any number of children for less than twenty-four (24) hours per day, at a location other than the permit holder's primary residence. Child Care, Group Home. An adult and/or child caring facility licensed by the state, designed to provide resident services to individuals who are physically handicapped, mentally ill, mentally retarded, or developmentally disabled, in which no more than eight (8) such individuals reside with one or more resident counselors or other staff persons. For the purposes of this section, mental illness and developmental disability shall not include illegal use of or addiction to a controlled substance or any criminal behavior. Child Care, Registered Child-Care Home. Per the definition of the Department of Family and Protective Services (DFPS) or as amended by the DFPS, a caregiver who provides regular care in her own home for not more than six (6) children from birth through thirteen (13) years. Child day care can be provided for six (6) additional school-aged children before and after the customary school day. The total number of children in care at any given time, including the children related to the caregiver, must not exceed twelve (12). Child-Care, Foster Family Home (Independent). Per the definition of the Department of Family and Protective Services (DFPS) or as amended by the DFPS, a single independent home that is the primary residence of the foster parents and licensed to provide care for up to six (6) children up to the age of eighteen (18) years. Child-Care, Foster Group Home (Independent). Per the definition of the Department of Family and Protective Services (DFPS) or as amended by the DFPS, a single independent home that is the primary residence of the foster parents licensed to provide care for seven (7) to twelve (12) children up to the age of eighteen (18) years. Child-Care, Licensed Child-Care Center. Per the definition of the Department of Family and Protective Services (DFPS) or as amended by the DFPS, an operation providing care for seven (7) or more children younger than fourteen (14) years old for less than twenty-four (24) hours per day at a location other than the permit holder’s home. Child-Care, Licensed Child-Care Home. Per the definition of the Department of Family and Protective Services (DFPS) or as amended by the DFPS, the primary caregiver provides care in the caregiver’s own residence for children from birth through thirteen (13) years. The total number of children in care varies with the ages of the children, but the total number of children in care at any given time, including the children related to the caregiver, must not exceed twelve (12). Little Elm Zoning Ordinance – ARTICLE I, GENERAL PROVISIONS Page 9

Child-Care, Listed Family Home. Per the definition of the Department of Family and Protective Services (DFPS) or as amended by the DFPS, a caregiver at least eighteen (18) years old who provides care in her own home for compensation, for three (3) or fewer children unrelated to the caregiver, ages birth through thirteen (13) years. Regular care is provided, which is care provided for at least four (4) hours a day, three (3) or more days a week, and more than nine (9) consecutive weeks. The total number of children in care, including children related to the caregiver, may not exceed twelve (12). Clinic, Animal (no outside runs). An animal medical facility designed for immediate and short term care (i.e. not requiring the animal to be boarded or kept within the facility overnight), for diagnosis, treatment of household pets including but not limited to dogs, cats, and birds. Clinic, Animal (with outside runs). A facility for diagnosis, treatment or hospitalization of household pets including but not limited to dogs, cats, birds, and horses. Clinic/Medical Lab. Offices for one or more physicians, surgeons or dentists engaged in treating sick or injured persons, but not including rooms for the lodging of patients. The facility may also conduct the testing of blood and other tissue samples for the purpose of diagnosis of diseases. College, University, or Trade School. An institution established for educational purposes offering courses for study beyond the secondary education level, including trade schools and commercial schools offering training or instruction in a trade, art, or occupation. Commercial Amusement, Indoor. An enterprise providing for indoor recreational activities, services, amusements, and instruction, usually for an admission fee. Uses may include, but are not limited to, bowling alleys, ice or roller skating rinks, bingo parlors, amusement arcades, and/or sports practice areas. Such business shall be constructed to limit noise by installing adequate acoustic barriers. Commercial Amusement, Outdoor. An enterprise providing for outdoor recreational activities, services, amusements, and instruction, usually for an admission fee, including, but not limited to, batting cages, miniature golf, go-kart tracks, and carnivals. Commissary. A facility that is the home base for a restaurant-equipped vehicle that serves as a mobile food vendor. The commissary also is used for the storage and partial production of food items that are delivered to customers by the mobile food vendor located away from the commissary location. Communication Tower/Antenna. Any tower, mast, pole, tripod, box frame, or other structure utilized for the purpose of transmission, retransmission, and/or reception of electromagnetic, radio, television, or microwave signals. See also “Antenna Support Structure.” (See Section 106.05.022(h), “Communication Antennas” for regulations) Concrete Batch Plant, Permanent. A permanent manufacturing facility for the production of concrete or asphalt. Concrete Batch 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. Following removal, the tract shall be returned to its previous condition. (See Section 106.05.03(a), “Batch Plants, Temporary” for regulations) Construction Yard, Field Office, Temporary. A building, structure, or storage/assembly yard used in conjunction with a development project for housing temporary supervisory or administrative functions related to development, construction, or the sale of real estate properties within the development and subject to removal at completion of construction. A facility used for the temporary office and material storage in connection with a project under construction or remodel. (See Section 106.05.03(d), “Construction Yard, Temporary” for regulations) Contractor's Shop. A facility for the contractor's office and the storage and maintenance of contractor's supplies and operational equipment. Custom Personal Service. A shop, such as tailor, shoe repair, barbershop, beauty shop, health studio, spa/salon, or travel consultant. Dwelling, Assisted Living Facility. A private facility that provides care for chronically ill, aged, or disabled persons who need some health supervision and related care but not including hospital care. Such facilities do not contain facilities for surgical care or the treatment of alcoholism, drug addiction, communicable disease or injury. A facility designed for adults or children with special needs and/or who need assistance with daily living, including but not limited to the Little Elm Zoning Ordinance – ARTICLE I, GENERAL PROVISIONS Page 10

production of meals, assistance with shopping, management of medications and personal grooming. Typically, the resident occupies a room or suite of rooms and eats the majority of meals communally. Dwelling, Assisted Living Home. A facility located in a private residential home designed for adults who need or desire assistance with daily living, including but not limited to the production of meals, assistance with shopping, management of medications and personal grooming. (See Section 106.05.022(j), “Home Child Care” for regulations) Dwelling, Boardinghouse or Rooming House. A building other than a hotel where lodging and/or meals for three (3) or more persons are provided for compensation. Dwelling, Duplex. A building containing two (2) single-family dwelling units totally separated from each other by an unpierced fire wall from basement to roof, intended or designed for occupancy by two families. Dwelling, Factory-Built Home. Any manufactured single-family mobile home constructed prior to June 15, 1976. (See also Dwelling, HUD Code Manufactured Home) Dwelling, Group Home. An adult and/or child care facility, licensed by the state, designed to provide resident services to individuals who are physically handicapped, mentally impaired, or developmentally disabled, but does not provide services to individuals with psychiatric, addiction, substance abuse or who exhibit criminal behavior. (See Section 106.05.022(j), “Home Child Care” for regulations) Dwelling, HUD Code Manufactured Home. A HUD-code compliant single-family structure constructed after June 15, 1976, designed for long-term residential use that is constructed elsewhere and is moved from the factory or sales location to its permanent site. (See also Dwelling, Factory-Built Home) Dwelling, Listed Family Home. A home that provides child care for compensation for three (3) or fewer children, excluding children who are related to the caretaker, for at least four (4) hours a day, three (3) or more days a week, for more than nine (9) consecutive weeks in the caretaker's own residence and that is required to [be] listed with the state. (See Section 106.05.022(j), “Home Child Care” for regulations) Dwelling, Live-Work. A dwelling unit that contains, to a limited extent, a separate commercial component on the ground floor and is typically in the form similar to a Townhouse or store with residential quarters above or behind the commercial use. Dwelling, Mobile Home. Any manufactured single-family mobile home constructed prior to June 15, 1976. Dwelling, Multi-Family. Any building or portion thereof, which is designed, built, rented, leased, or let to be occupied as three (3) or more dwelling units or apartments or which is occupied as a home or place of residence by three (3) or more families living in independent dwelling units. Though residential in use, it is considered a commercial development in regards to and application of development standards and regulations. A building containing three (3) or more dwelling units on a single lot or tract designed to be occupied by three (3) or more families living independent of one another. Dwelling, Patio Home. A dwelling on a separate lot with open space setbacks on at least three sides. Dwelling, Single Family, Detached. A platted lot containing one (1) dwelling unit, not attached to any other dwelling by any means and is surrounded by open space or yards, designed and constructed for occupancy by one (1) family and has no physical connection to a building located on any other separate lot or tract. Dwelling, Townhome. A structure containing three (3) or more dwelling units with each unit designed for occupancy by one household and each unit attached by a common fire wall. Electrical Power Generating Plant. All equipment, fixtures, and property operated or maintained in connection with the production of electricity and transmission of electricity produced. Electrical Substation. A location for transforming electricity prior to the distribution of electricity to individual customers. Fairgrounds/Exhibition Area. An area that may include structures or outside areas for the exhibition of rodeos, conventions and similar special events. Farm Accessory Building. A structure located on an active farm, ranch, or orchard in which livestock, feed, equipment,

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vehicles, or accessories necessary for the running of the business are kept, including but not limited to, barns, silos, sheds and exercise pavilions. Farm, Ranch, Stable, Garden or Orchard. An area of five (5) acres or more which is used for growing of usual farm products, vegetables, fruits, trees and grain and for the raising thereon of the usual farm poultry and farm animals such as horses, cattle, and sheep and including the necessary accessory uses for raising, treating, and storing products raised on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law. Farmers Market. An area containing individual vendors who offer fruits, vegetables, herbs, spices, edible seeds, nuts, live plants, flowers, and honey for sale. This definition does include the sale of meat, fish, poultry, eggs, refrigerated dairy products, or home canned or packaged items when the proper health rules and regulations are followed and/or health permit obtained. (See Section 106.05.03(c), “Farmers Market, Temporary” for regulations) Florist: A facility for the retail sale of flowers, ornamental plants, and accessory items. This definition does not include a nursery with outside display. (See also Greenhouse and Nursery) Fraternal Organization, Lodge, Civic Club, or Sorority. An organized group having restricted membership and specific purpose related to the welfare of the members such as Elks, Masons, Knights of Columbus, or a labor union. Funeral Home/Mortuary. A place for the storage of human bodies prior to their burial, or a building used for the preparation of the deceased for burial and the display of the deceased, a place where ceremonies or gatherings connected to the deceased may occur, but does not allow the cremation of human remains. Funeral Home/Crematorium. A place for the storage of human bodies prior to their burial or cremation, or a building used for the preparation of the deceased for burial or cremation, where cremation occurs within the building, with or without place where ceremonies or gatherings connected to the deceased may occur. Gas Pumps/Fuel Sales. A retail fuel sales facility selling fuel for motor vehicles including, but not limited to, automobiles, motorcycles, buses, or recreational vehicles with no ancillary services such as vehicle service, vehicle repair, or sale of items other than fuel. The fueling or gasoline station may be attended or automated. Golf Course, Tennis Club, Polo Club, or Country Club (Private). An area of twenty (20) acres or more containing a golf course, polo facilities, tennis facilities and/or a clubhouse and available only to private specific membership; such a club may contain adjunct facilities such as private club, dining room, swimming pool, retail sales, and similar recreational or service facilities. A tract of land with at least nine (9) holes for playing the game of golf that may include a clubhouse, dining and snack bar, pro shop, practice facility and other accessory uses. Greenhouse or Nursery for Retail Plant Sales. A facility that may include the outside display of plants offered for sale when such display is located behind the front yard line established in the district in which the nursery or greenhouse is located. Gun or Archery Range, Indoor. Any indoor facility open to the public and occupying all or a portion of a building where firearms are discharged or arrows are shot for either testing or recreation purposes. Such business shall be constructed to limit noise by installing adequate acoustic barriers. Gunsmith. A retail establishment for the sale and service of guns and related items. Gymnastics/Dance Studio/Martial Arts. A building or portion of a building used by a gymnast, dancer, or martial artist for practice or for instructional classes in gymnastics, dance, or martial arts and similar activities. Health/Fitness Center. A facility which promotes physical fitness, weight control, exercise, and personal improvement that may also include massage or bathing. Heavy Machinery Sales, Service, and Storage. A retail or wholesale facility that sells, services and stores heavy machinery such as farm equipment, dredging equipment, paving equipment, etc. Helipad. A place, typically on the roof of a building or a small ground area where helicopters may land and take off, but without any service or fueling capabilities. (See Section 106.05.022(a), “Airport/Helipad/Heliport” for regulations) Home Occupation. An occupation, which is secondary to the primary use of a dwelling as a residence, conducted on Little Elm Zoning Ordinance – ARTICLE I, GENERAL PROVISIONS Page 12

residential premises by the occupant of the residence. Home occupations shall be subject to the conditions set forth in Section 106.05.022(k), “Home Occupations.” Any activity carried out for personal gain in a dwelling unit by a resident of the premises, which occupation is secondary to the residential purpose of the premises. Hospital. An institution or place where sick or injured patients are given medical or surgical care either at public (charity) or private expense. Hotel. A building or group of buildings designed for and occupied as a temporary abiding place of individuals with access to the rooms from an indoor corridor and providing six (6) or more room units where customary services such as linen, maid service, telephone, and upkeep of furniture are provided for a daily fee. Hotel, Extended Stay (also called “Residence 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. Residence Hotel room units are designed to be suitable for long term occupancy with financial consideration typically being calculated on a weekly and/or monthly basis. Typical Residence Hotel attributes include, but are not limited to, kitchen facilities, and external doorways into room units. (See Section 106.05.022(l), Hotel, Extended Stay” for regulations) Hotel, Full-Service. A full service hotel is considered a top tier hotel in terms of amenities and service provided to the clientele. (See Section 106.05.022(m), “Hotel, Full-Service” for regulations) Hotel, Limited Service. A limited service hotel provides travelers an economical choice with fewer amenities than a full service hotel. (See Section 106.05.022(n), “Hotel, Limited-Service” for regulations) Household Appliance Service and Repair. A retail establishment where household appliances are serviced and repaired on site. May also include sales of new or used household appliances. Incidental Retail and Service Uses. Defined as operating within another establishment, such as a bank branch, nail salon, eyewear service, tax service, etc. within a “big box” store. May also be located within an office complex or hotel, such as a deli, convenience store, or restaurant for the use of the employees and guests. Kennel, Indoor. An establishment where domesticated animals (four (4) or more dogs, cats or other domestic animals at least four (4) months of age) are housed, groomed, bred, boarded, trained, or sold for commercial purposes that does not include outside pens or runs. Kennel, Outdoor. An establishment where domesticated animals (four (4) or more dogs, cats or other domestic animals at least four (4) months of age) are housed, groomed, bred, boarded, trained, or sold for commercial purposes that includes outdoor pens or runs. Laundry and/or Dry Cleaning, Commercial. A plant for cleaning garments, fabrics, rugs, uniforms, draperies, or other similar items on a commercial or bulk basis. Laundry and/or Dry Cleaning, Pickup and Receiving Station. A facility that only receives and dispenses laundry and dry cleaning that is processed in bulk by a commercial laundry or dry cleaning facility located elsewhere. Laundry and/or Dry Cleaning, Self-Service. A facility for washing and/or dry cleaning garments and similar items where typically the customer supervises and handles the cleaning of his/her garments and items, such as a laundromat. Machines for use are typically of a similar size as found in the home and not a commercial laundry or cleaning plant. Laundry and/or Dry Cleaning, Small Custom Shop. A retail establishment for the cleaning of individual garments, fabrics, rugs, draperies or other similar items on the premises, which may include minor garment repair. A custom cleaning shop not exceeding 5,000 square feet of floor area or a pickup station. Liquor Store. A facility for the sale of beer, wine, and/or liquor not for on-premises consumption that derives seventy- five percent (75%) or more of its gross revenue from the on-premises sale of beer, wine, and/or liquor. (See Section 106.05.022(o), “Liquor Stores” for regulations) Machine/Welding Shop. A facility in which materials are processed by machining, cutting, grinding, welding, etc.

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Manufactured Home. Any manufactured single-family mobile home constructed prior to June 15, 1976. (See also Dwelling, Factory-Built Home. (See Section 106.05.022(p), “Manufactured Home Replacement” for replacement regulations) Manufactured/Mobile Home Display and Sales. The offering for sale, storage, or display of trailers, HUD-Code manufactured homes or mobile homes on a parcel of land but excluding the use of such facilities as dwellings either on a temporary or permanent basis. Such use may be permitted with the approval of the Town Council in the MH Mobile Home District to permit sale of mobile homes or HUD-Code manufactured homes owned by the mobile home park owner or operator for placement in the mobile home park. Manufacturing and Industrial, Heavy. A facility that involves assembly and fabrication activities and the use of machines, tools and labor to make items for use or sale and typically requires access to major thoroughfares, major highways, and/or other means of transportation such as the railroad for transfer of parts and final products. May also include warehousing, research and development, wholesaling operations with infrequent customer or client visits, and may include related office and shipping areas. Heavy industry involves one or more of the following characteristics such as large and heavy products; large and heavy equipment and facilities (such as heavy equipment, large machine tools, and spacious buildings); or complex and numerous processes. The labor for heavy industry often must be highly skilled. Examples of heavy industry include, but are not limited to, steel manufacturing, automotive assembly, machine tool design and construction, boat or aircraft manufacturing, and power plants. Manufacturing and Industrial, Light. A facility that involves assembly and fabrication activities and the use of machines, tools and labor to make items for use or sale. May also include warehousing, research and development, wholesaling operations with infrequent customer or client visits, and may include related office and shipping areas. Light Industry is often assembly-based and is typically consumer-oriented (i.e., most light industrial products are sold to retail stores or end users rather than as intermediate parts for use by other industries). Light industry generally has less environmental impact than those associated with heavy industry. Light industry may employ lower skilled workers with only moderate training and often employ large numbers of people. Light industries require a relatively small amount of raw materials, area and power. Examples of light industry include, but are not limited to, plastic items, clothing, shoes, foods, beverages, personal care and home care products, cosmetics, drugs, furniture, consumer electronics, and home appliances. Media Studio. A facility where the production, editing, storage, and/or transmittal of audio/visual media occurs. Includes, but is not limited to, a TV studio, a radio studio, a production or editing facility. (See Section 106.05.022(q), Media Studio” for regulations) Mini-Warehouse/Self Storage. A building containing separate, individual self-storage units for rent or lease. The conduct of sales, business, or any activity other than storage is prohibited within any individual storage unit. Mixed-Use Building. A vertical mixed-use building that includes a variety of retail, office, and/or residential uses such as lofts, Live-Work units, apartments and condominiums, but contains non-residential use in a majority of the ground floor. Mobile Food Vendor, Stationary. Any person or person who operates and sells food from a stationary cart or trailer mounted on a chassis, for a period of fifteen (15) calendar days or more per year. Stationary mobile food vendors include, but are not limited to, snow-cone stands, hot-dog carts, and ice-cream carts. Any similar facility that operates for fourteen (14) calendar days or less shall be considered a “temporary food establishment” as defined by the Town Health Ordinance, as it exists or may be amended. Mobile Food Vendor, Food Truck. Any person who operates and sells food from a motorized vehicle capable of moving from place to place during the course of the day and may include some preparation of food or drink for sale. Model Home. A single-family dwelling in a developing subdivision located on a legally platted lot of record that is limited to temporary use as a sales office for the subdivision and to provide an example of the dwellings which have been built or which are proposed to be built in the same subdivision. (See Section 106.05.03(e), “Model Home, Temporary” for regulations) Motel. A facility offering short-term overnight lodging accommodations on a daily rate to the general public and having direct access to individual guest rooms from the parking area or outside balconies.

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Motorcycle Sales/Service. A facility that sells, leases, and services motorcycles, usually defined as two-wheeled, self- propelled vehicle having one or two saddles or seats, and may have a sidecar attached. For purposes of this Chapter, motorbikes, motor-scooters, mopeds and similar vehicles are classified as motorcycles. Municipal Uses Operated by the Town of Little Elm. Any structure, park, open space, or roadway owned and/or operated by the Town of Little Elm, including but not limited to Town Hall, libraries, recreation centers, parks, and roadways. Museum/Art Gallery. A building serving as a repository for a collection of natural, scientific, artistic, or literary objects of interest, and designed to be used for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods related to the collection. Office, Administrative, Medical, or Professional. A building used for the provision of executive, management, or administrative services. Typical uses include, but are not limited to, administrative offices and services including real estate, property management, investment, medical, architect, engineer, travel, secretarial services, accounting organizations and associations, and vehicle rental office without on-site storage of fleet vehicles. Office, Showroom. A building that primarily consists of sales offices and sample display areas for products and/or services delivered or performed off-premises. Catalog and telephone sales facilities are examples. Incidental retail sales of products associated with the primary products and/or services are also permitted. Warehousing facilities shall not exceed fifty percent (50%) of the total floor area. This designation does not include contractor’s shop and storage yard. Office, Warehouse, Distribution Center. A building primarily devoted to storage, warehousing, and distribution of goods, merchandise, supplies, and equipment. Accessory uses may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas. Also referred to as “flex space.” Open Storage and Display, Permanent. A secondary land use providing outdoor storage or display of commodities, materials, goods, equipment, vehicles, or merchandise in its normal day-to-day business activities. This definition excludes new and used sale or lease of automobiles, motorcycles recreational vehicles, boats, or watercrafts. This definition does not include temporary outside merchandise display, such as a sidewalk sale. (See Section 106.05.022(s), “Open Storage, Permanent or Ongoing” for regulations) Open Storage and Display, Temporary. The temporary display of merchandise for sale outside of a building. (See Section 106.05.03(f), “Open Storage, Temporary” for regulations) Open Storage and Display, Under Eave Display, Temporary. The temporary display of merchandise for sale located immediately outside the main entrance to the building and generally in the area that is adjacent to the building and between the building and the walkway/entrance. Items include, but are not limited to, firewood, plants, pumpkins, shopping carts, and other similar items. (See Section 106.05.03(g), “Open Storage, Temporary, Under Eave Display” for regulations) Park or Playground. An open recreation facility or park owned and operated by a public agency such as the municipal park department or school board and available to the general public. Portable Building Sales. A retail establishment that sells portable buildings meant to be used as accessory uses only and not for habitation. Print Shop, Major Industrial Plant. An establishment specializing in long-run printing operations including, but not limited to, book, magazine, and newspaper publishing using engraving, die cutting, lithography, and thermography processes. Printing Plant, Reprographic Shop. A facility for the reproduction of materials or drawings on a job order or bulk basis utilizing lithography, off-set printing, or other printing techniques. Print Shop, Minor Retail Shop. An establishment specializing in short-run operations to produce newsletters, flyers, resumes, maps, construction documents and plans, and similar materials using photocopying, duplicating, and blue printing processes. This definition shall include mailing and shipping services, but excludes the on-site storage of heavy load fleet vehicles, such as a Kinko’s. Religious Facility. A building used primarily for religious assembly and worship and those accessory activities which are customarily associated therewith, and the place of residence for ministers, priests, nuns, rabbis, or other religious personnel on the premises (tax exempt as defined by State law). For the purposes of this ordinance, Bible study and Little Elm Zoning Ordinance – ARTICLE I, GENERAL PROVISIONS Page 15

other similar activities that occur in a person's primary residence do not constitute a “religious facility.” Research and Development Center. Facilities for research including laboratories, experimental equipment and operations involving compounding or testing of materials or equipment. Any facility that is determined by Health, Fire, or Building Official to be a hazard or nuisance to adjacent property or the community at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion, or radiation is not to be included in this category. Restaurant. A building or portion of a building where food and drink is served for consumption in the building, and where provisions may be made for serving food on the premises outside the building. Restaurant, Dine-in Only. An establishment where food and drink are prepared, served and consumed by the general public within an indoor dining area and may include an outdoor seating area. Restaurant, Dine-in Only with Alcoholic Beverages. An establishment where food and drink, including alcoholic beverages, are prepared, served and consumed by the general public within an indoor dining area and may include an outdoor seating area. Restaurant, Drive-In. An eating establishment where food or drink is served to customers in motor vehicles or where facilities are provided on the premises which encourage the serving and consumption of food in automobiles on or near the restaurant premises. An establishment where food and drink are prepared and ordered via service screens and served to customers either in an outdoor seating area or in their motor vehicles that are temporarily parked and which the food will generally be consumed in their vehicles or off-premises. Restaurant, Pick-Up or Delivery Only. An establishment preparing food to the general public in which the food, once prepared, is either picked up for consumption off premises, or is delivered to the end user by the restaurant staff. Restaurant, Temporary. A retail food establishment that operates at a fixed location for a limited period of time. Restaurant, Drive-Through Service. An establishment where food and drink are prepared, served and consumed by customers who are given the option of dining within the indoor dining area, the outdoor seating area or via a service window and drive-through lane to customers in motor vehicles who will be consuming the food off-premises. Restaurant, with Micro-Brewery. An establishment that serves food and alcoholic beverages that prepares handcrafted natural beer or ale intended for consumption on the premises as an accessory use. Salvage Yard, Wrecking Yard. Any lot upon which four (4) or more motor vehicles of any kind which are incapable of being operated due to condition or a lack of license or have been placed for the purpose of obtaining parts for recycling or resale. School, Charter. An alternative institution to the public school system licensed and funded by the state which provides a basic academic education comparable to that provided in the public schools and receives funding from the state and charges no admission fees to its attendees. School, Private or Parochial. A school under the sponsorship of a private or religious agency having a curriculum generally equivalent to public elementary or secondary schools, but not including private or trade or commercial schools, and receives no funding from any governmental agency. School, Public. An educational institution regulated by the state which is operated by the public or an independent school district, having a curriculum that includes kindergarten, elementary or secondary education, but not including private, business, commercial, trade, or craft schools. Seasonal Sales. Temporary display and sale of items customarily associated with a particular season, such as Christmas trees, holiday decorations, firewood; pumpkins, or any other similar product for sale during a recognized holiday. Senior Living Facility. A multiple family dwelling means any building or portion thereof which is designed, built, rented, leased or let to contain three (3) or more age-restricted (55 or older) dwelling units or apartments on a single lot, or which is occupied as a home or place of residence by three (3) or more age-restricted (55 or older) families living in independent dwelling units. Sewage Pump Station. A facility for transporting sewer including pumps, piping, valves and controls. Little Elm Zoning Ordinance – ARTICLE I, GENERAL PROVISIONS Page 16

Sewage Treatment Plant. A facility that treats sewage so that it may be returned to the natural water supply without negative effects. Water from a sewage treatment plant is considered “gray water” and is suitable for irrigation but no consumption. Sexually-Oriented Businesses. Sexually oriented establishments and businesses as defined in Town Ordinance No. 628 as it exists or may be amended. Sexually oriented uses include, but are not limited to, adult bookstore, adult video store, adult theater, adult cabaret, sexual encounter center, and nude modeling center. (See Section 106.05.022(v), “Sexually- Oriented Businesses” and the aforementioned Town Ordinances for regulations) Store, Big Box. A retail establishment with a single-tenant that comprises more than 50,000 square feet, such as Target or Walmart. Store, Convenience. A retail establishment providing for the sale of food items, nonprescription drugs, small household items and gifts. Gasoline and diesel fuel may also be offered for sale. Maximum size of the establishment shall be no more than 6,000 square feet, not including storage areas and administrative offices. Store, Discount, Variety or Department. A retail establishment offering a wide variety of merchandise in departments and exceeding 6,000 square feet in floor area. Store, Drugstore or Pharmacy. A retail establishment for preparing, preserving, compounding and dispensing of drugs and medicines; and may include the display and sale of other merchandise such as cosmetics, notions, fountain service and similar items. Store, Feed. A retail establishment for the sale of grain, prepared feed, and forage for pets, livestock and fowl, but not involving the grinding, mixing, or commercial compounding of such items. An establishment for the selling of corn, grain, and other foodstuffs for animals and livestock and including other implements and goods related to agricultural processes, but not including farm machinery. Store, Furniture, Home Furnishings and Appliance Store. A retail facility that sells primarily goods for the home, such as furniture, carpet, appliances, and accessories. Store, Grocery. A retail establishment that displays and sells consumable goods and sundries and may include secondary uses such as a pharmacy, photo shop, banking service, delicatessen, bakery and/or prepared foods. Store, Hardware and Home Improvement. A retail establishment that sells building materials, paint, cutlery, tools, utensils, screws, nails, etc. This definition does not include “big box” hardware/lumber/home improvement type stores with outdoor display. Store, Incidental Retail or Service Uses. Located within an office or other employment center, such uses include barbershop or beauty shop, smoke shop, candy counter, restaurant, pharmacy, or other incidental activity secondary to the primary office or employment occupancy. Store, Pet Shop. A retail establishment offering small animals, fish, or birds for sale as pets and where all such creatures are housed within the building. Store, Shopping Center. A group of retail, service, commercial, and restaurant establishments planned, constructed and managed as a single entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, provision of aesthetically appropriate design and protection from the elements. Street, Private. A thoroughfare which affords access to property abutting thereon for residents of that property and service vehicles only via controlled gate access. The land on which the street is constructed is owned by a Homeowners Association and the street is maintained by that entity. (See Sections 106.05.022(t), “Private Street Development/Gated Communities - Existing Subdivisions” and (u), “Private Street Development/Gated Communities - New Subdivisions.” for regulations). Street, Public. A thoroughfare which affords principal means of access to property abutting thereon. The land on which the street is constructed is owned by a governmental entity and the pavement is maintained by that entity. Telephone Exchange. A telecommunications facility to which subscribers’ telephones connect that switches calls among subscribers or to other exchanges for further routing.

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Theater, Drive-In. An outdoor facility arranged so that patrons can view the screen and receive the sound in the privacy of their cars, or while seated outside. Theater, Indoor. A facility for showing motion pictures to an audience inside an enclosed structure. Transit Center/Bus Terminal. Passenger terminal or loading facilities for franchised private or publicly-owned transit system. Truck Terminal. An area where trucks used to transport goods are stored or parked between trips. Truck/Trailer/Heavy Equipment/RV/Bus Repair. An establishment providing major and minor automobile repair services to heavy load vehicles defined as self-propelled vehicles having a manufacturer's recommended gross vehicle weight (GVW) of greater than 11,000 pounds, such as large recreational vehicles, tractor trailers, buses and other similar vehicles. Such vehicle repair may occur within a structure or outside the structure due to the size of the vehicles. Truck/Trailer/Heavy Equipment/RV/Bus Sales. A facility which sells or leases vehicles having a manufacturer's recommended gross vehicle weight (GVW) of greater than 11,000 pounds, such as large recreational vehicles, tractor trailers, buses and other similar vehicles. The term "truck" shall be construed to mean "heavy load vehicle" unless specifically stated otherwise. The sales and leasing facility includes outdoor storage and display of the vehicles listed. 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. Vending Kiosk, Commercial. An unmanned structure that provides a product for remuneration. Examples are ice machines, video vending machines. (See Section 106.05.022(w), “Vending Kiosk, Commercial” for regulations) Vending Kiosk, Not-for-Profit. An unmanned structure that provides a product. The fee for such product may be reduced or waived. (See Section 106.05.022(x), “Vending Kiosk, Not-for-Profit” for regulations) Warehouse. A large facility used primarily for the storage of goods and may include an office incidental to the primary use. Water Pumping Station. A facility for transporting water including pumps, piping, valves and controls. Water Reservoir or Well. An artesian well or man-made underground reservoir where water is collected and kept in quantity for use by a water system. Water Treatment Plant. A facility for the purifying, storage, and distribution of Town water including a system of reservoirs, channels, and mains. Wholesale and Distribution Center. An establishment engaged in the receipt, storage, and distribution of goods, products, cargo, and materials to retailers, wholesalers, agents, brokers, and/or to industrial, commercial, institutional, or professional business users and may include an office incidental to the primary use. Winery/Brewery Retail Sales. An establishment operated by the holder of a winery or brewery permit which has been lawfully issued to the permittee for the premises by the Texas Alcoholic Beverage Commission (or any successor entity thereto) in accordance with V.T.C.A., Alcoholic Beverage Code Ch. 16 for the on-premises consumption of wine and or beer. Winery/Brewery/Distillery. A manufacturing plant designed to distill alcoholic spirits such as wine, beer, ale or liquor. No on-premises individual sales of alcoholic drinks are allowed.

106.01.15 ...... Other Zoning Ordinance Definitions Access Lane, Major. Any privately owned on-site drive or lane intended to access the primary entrance(s) to land parcels and parking areas, and which accommodates vehicles or pedestrians. Such Major Access Lanes may serve as fire lanes. Such lanes will likely intersect a major roadway at a median break, subject to the Director’s approval. Access Lane, Minor. Any privately owned on-site drive or lane intended for internal access to land parcels and parking areas, and which accommodates vehicles or pedestrians.

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Accessory Use. Defined as any land use or building that, by its nature, is not the primary use of the tract of land upon which it is located. For example, a garage is secondary to the residence. In commercial districts, an accessory use is that which occupies less than fifty percent (50%) of the square footage of the main building. Acts of Nature. An extraordinary interruption by a natural cause (such as a flood or earthquake) of the usual course of events that experience, prescience, or care cannot reasonably foresee or prevent. Advertising Sign or Structure. Any cloth, card, paper, metal, glass, wooden, plastic, plaster, or stone sign or other sign, device, or structure of any character whatsoever, including a statuary or place for outdoor advertising purposes on the ground or any tree, wall, bush, rock, post, fence, building, or structure. The term placed shall include erecting, constructing, posting, painting, printing, tacking, mailing, gluing, sticking, carving, or otherwise fastening, affixing or making visible in any manner whatsoever. The area of an advertising structure shall be determined as the area of the largest cross-section of such structure. Neither directional, warning, nor other signs posted by public officials in the course of their public shall be construed as advertising signs for the purpose of this Ordinance. See Chapter 86 of the Code of Ordinances, “Signs” for further details. Agricultural Use. A use that consist of the growing of crops mainly for food and fiber, or the keeping, grazing, breeding, or feeding of animals for the products they produce or for eventual sale. Alley. A minor, one-lane drive which is used primarily for vehicular access to the back or side of properties otherwise abutting or facing a street. Animal Shelter. A public or private facility for the enclosure of animals, especially stray, abandoned or unlicensed pets, with the intention of animal adoption. Apartment. A room or suite of rooms arranged, designed, or occupied as the residence by a single-family, individual or group of individuals. Also known as a “unit.” Apartment Accessory Uses. Any structure that is intended for the use of residents, visitors, or employees of an apartment complex and includes, but is not be limited to, leasing centers, amenity centers, offices, and/or laundry facilities. Applicant. Any person or entity that submits to the Town an application for a permit required by the Town for a project. To be qualified as an applicant under this Ordinance, the person or entity must have sufficient legal authority or proprietary interests in the land to commence and maintain proceedings under this Ordinance. The term shall be restricted to include only the property owner or a duly authorized agent and representative of the property owner. Application for a Permit. Any document filed with the Town that clearly indicates that the applicant is seeking consideration for a permit, the type of permit sought, and provides the Town with fair notice of the project, and when used in this Zoning Ordinance, shall include a plan for development; but excluding applications to establish or amend a zoning district, including but not limited to a request to establish or amend a Planned Development District or to receive or amend a Specific Use Permit. Area of the lot. The square footage of a lot shall be the net area of the lot and shall not include portions of streets or alleys. Basement. A story located primarily below the natural grade line of the property. Bay. A large opening in a wall or building, whether with or without bay doors, which is designed to allow vehicle access. Also referred to as docks or internal loading spaces. Bay Door. An oversized door, typically with roll-up or swing-type doors, commonly used in conjunction with docks, bays, and loading spaces. Block. An area enclosed by streets and occupied by or intended for buildings, or if said word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets which intersect said street on the said side. Block Face. The portion of a block adjacent to the street. Block Length. The length of the block face between two street intersections. Little Elm Zoning Ordinance – ARTICLE I, GENERAL PROVISIONS Page 19

Buildable Area. The allowable area available to construct a building or structure after complying with the Town’s applicable setback and maximum lot coverage requirements. Building Ends. Those sides of a building having the lesser dimensions as compared to the front or rear of a building. As used herein for the building spacing regulations for multiple family dwelling, a "building end" shall be interpreted as being the more narrow side of a building regardless of whether it fronts upon a street, faces the rear of the lot or is adjacent to the side lot line or another building. Building Site. A single tract of land located within a single block, which (at time of filing for a building permit) is designed by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. It shall front upon a street or approved place. A building site may be subsequently subdivided into two or more building sites, and a number of building sites may be combined into one building site, subject to the provisions of this Chapter and Subdivision Ordinance. Building Height. The vertical distance between the average of the highest and lowest points of grade of that portion of the lot covered by the building to the highest point of a structure, not including chimneys, aerials, and similar projections. Building Line. A line parallel or approximately parallel to the street line at a specific distance there from, marking the minimum distance from the street line that a building may be erected. Building Official. The building inspector or administrative official charged with responsibility for issuing permits and enforcing the zoning ordinance and building code. Building, Main. A building in which the principal use of the lot on which it is situated is conducted. In a residential district any dwelling shall be deemed to be a main building on the lot on which it is situated. Building. Any structure built for the support, shelter, and enclosure of persons, animals, chattels or movable property of any kind. Build-To Line. A line parallel or approximately parallel to the street line at a specific distance therefrom, marking the maximum distance from the street line that a building may be erected – generally used in form-based zoning districts. Carnival or Circus. A traveling show or exhibition, sometimes housed in tents which has no permanent structure or installation and may include restaurants and retail shops incidental to the use. Cemetery and/or Mausoleum. A cemetery is a place designed for the burial of the dead. A mausoleum is a building with places for the entombment of the dead. Candlepower. The quantity of light required to illuminate a surface one (1) foot distance from a light source to the intensity of one (1) foot-candle. Carport. A structure open on a minimum of three sides designed or used to shelter the owner's vehicle, not to exceed twenty-four (24) feet on its longest dimension. Carports are generally prohibited in the Town. Also called "covered parking area." Cellar. That portion of a building between floor and ceiling which is partly below and partly above grade but so located that the vertical distance from grade to the floor below is greater than the vertical distance from grade to ceiling. Certificate of Occupancy or Compliance. An official certificate issued by the Town through the Building Official which indicated conformance with or approved conditional waiver from the zoning regulations and authorized legal use of the premises for which it is issued. Comprehensive Plan. Policies adopted by the Town Council which govern the future development of the Town and which consist of various components governing specific geographic areas as well as functions and services provided by the Town. Court. An open, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard or other permanent space.

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Day Services, Adult. 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. Decibel (dBA). A unit of measurement of sound pressure. Depth of Lot. The mean horizontal distance between the front and rear lot lines. Depth of Rear Yard. The mean horizontal distance between the rear line of a building other than an accessory building and the rear lot line except as modified by this Chapter. Development. Any manmade change to improved or unimproved real estate, including but not limited to, buildings and/or other structures, paving, drainage, utilities, storage, and agricultural activities. Disability or Handicap. With respect to an individual:  A physical or mental impairment which substantially limits one or more of such person's major life activities,  A record of having such an impairment, or  Being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802)). Director. The Director of Development Services for the Town of Little Elm. District. A section of the Town for which the regulations governing the area, height, or use of buildings are uniform for each type and class of structure. Dwelling Unit. A building or portion of a building which is arranged, occupied, or intended to be occupied as living quarters of an individual or family and including facilities for food preparation and sleeping. Easement. A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity. Fence, Open Ornamental. Fencing constructed with wrought iron, tubular steel, or similar materials and designed to allow for partial visibility from one side of the fence to the other. Open ornamental fences may have solid masonry foundations, columns, or similar features. Chain link fences are not included in this definition. Fence, Residential. Fencing for residential rear yard screening is generally wood. See regulations in Section 106.06.32, “Residential Fences.” Fence, Solid Masonry Screening Wall. Fences or screening walls are generally solid masonry with columns. See regulations in Section 106.06.31, “Screening.” Fire Lane. A Fire Apparatus Access Road according to the International Fire Code adopted by the Town. Floodplain. Any property within the limits as delineated by FEMA (Federal Emergency Management Agency) of the 100- year floodplain or as amended by an engineering flood study of the ultimate developed conditions prior to any reclamation. Floor Area. The total square feet of usable floor space within the outside dimensions of a building including each floor level, but excluding cellars, carports or garages. Sometimes called “air conditioned space.” Floor Area Ratio (FAR). An indicated ratio between the number of square feet of total floor area in the main building on a lot and the total square footage of land in the lot; it is the number resulting from dividing the main building floor area by the lot area. Foot-Candle. A unit of illumination produced on a surface, all points of which are one (1) foot from a uniform point source of one (1) candle. When metric units are used, lux is the unit of light quantity. One (1) lux equals one (1) lumen per square meter of area. One (1) foot-candle equals 10.76 lux. Frequency. The number of times per second a vibration or sound wave oscillates. Glare. Direct light emitted from a light source, which is sufficient to cause annoyance, discomfort, or temporary loss of

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visual performance and visibility. Grade.  For buildings having walls adjoining one street only, it is the elevation of the sidewalk at the center of the wall adjoining the street.  For buildings having walls adjoining more than one street, it is the average of the elevation of the sidewalk at the center of all walls adjoining the street.  For buildings having no wall adjoining the street, it is the average level of the finished surface of the ground adjacent to the exterior wall of the building.  Any wall approximately parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street.  Where no sidewalk has been constructed, the Building Official shall establish such sidewalk level or its equivalent for the purpose of these regulations. Gross Floor Area. The gross floor space of an apartment house shall be measured by taking the outside dimension of the apartment building at each floor level, excluding, however, the floor area of basements or attics not used for residential purposes. Height of Buildings. The vertical distance measured from the highest of the following three levels:  From the street curb level;  From the established or main street grade in case the curb has not been constructed;  From the average finished ground level adjoining the building if it sets back from the street line.  To the level of the highest point of the roof beams of flat roofs or roofs inclining not more than one inch to the foot, or to the mean height level of the top of the main plates and highest ridge for other roofs. Height of Yard or Court. The vertical distance from the lowest level of such yard or court to the highest of any boundary wall. Home Occupation. An occupation, which is secondary to the primary use of a dwelling as a residence, conducted on residential premises by the occupant of the residence. Home occupations shall be subject to the conditions set forth in Section 106.05.022(k) “Home Occupations” of the Zoning Ordinance. Any activity carried out for personal gain in a dwelling unit by a resident of the premises, which occupation is secondary to the residential purpose of the premises. A residential structure used exclusively for a business with no permanent, overnight residence is considered a business and not a home occupation. Infill Development. The development of structures in vacant lots within developed areas which can utilize existing infrastructure. Junk. The term "junk" includes scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys, bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old cotton or used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or creates, used pipe or pipe fittings, used automobile or airplane tires, and other manufactured goods that are so weak, deteriorated or obsolete as to make them unusable in their existing condition. Landfill. A tract of land used for the burial of farm, residential, institutional, industrial, or commercial waste that is not hazardous, medical, or radioactive. Landscape Architect. A person who holds a license to practice landscape architecture in the State of Texas. Landscaping. Material such as, but not limited to, grass, groundcovers, shrubs, vines, hedges, trees, and non-living durable material commonly used in landscaping, such as, but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving. Loading Space. An off-street space or berth used for the delivery and loading or unloading of vehicles. Lot. A parcel of land occupied or to be occupied by one building, or unit group of buildings or uses customarily incident thereto, including such open spaces as are required under this Chapter, and having its principal frontage upon a public street or a place.

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Lot of Record. A lot which has been recorded in the office of the county clerk. Lot Coverage. The percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot. The lot area covered by all structures located thereon. Structures shall include main structures and accessory structures with or without a permeable roof. Lot coverage does not include uncovered patios, drives, walkways, swimming pools or swimming pool decks. Lot Depth. The mean horizontal distance from the front street line to the rear line. Lot Lines. The lines bounding a lot as defined herein. Lot Line, Front. The boundary between a lot and the street on which it fronts. Lot Line, Rear. The boundary line which is opposite and most distant from the front street line; except that in the case of uncertainty the Building Official shall determine the rear line. Lot Line, Side. Any lot boundary line not a front or rear line thereof. A side line may be a party lot line, a line bordering on an alley or place or side street line. Lot, Corner. A lot abutting upon two (2) or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has the smaller dimension, unless otherwise specified by the Building Official. Lot, Flag or Panhandle. A lot having access to a street by means of a parcel of land having a depth greater than its frontage, and having a width less than the minimum required lot width, but not less than twenty-five (25) feet. The maximum distance of the area less than the required width from the front property line shall be 110 feet. Lot, Interior. A lot whose property lines do not abut upon any street. Lot, Key. A corner lot that is so designed that the lots located directly behind it face the side street of the corner lot and are not separated by an alley shall be considered a key lot. Lot, Reverse Corner. A corner lot abutting upon two (2) intersecting streets where the rear lot line of one lot is also the side lot line of an adjoining lot. Lot, Through. An interior lot having frontage on two (2) streets. Lot, Width. The horizontal distance between side property lines, measured at the front building or setback line, as established by the minimum front yard requirement of this Chapter. Nonconforming Use, Legal. A building, structure, or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, but which does not currently conform to the use regulations of the district in which it is situated. See Section 106.05.05, “Nonconforming Uses” for more detailed information. Nonresidential. Property zoned or used for other than residential purposes. For the purposes of this ordinance, multi- family developments are considered to be commercial and non-residential. Occupancy. The use or intended use of the land or buildings by proprietors or tenants. Octave Band. A portion of the audible sound spectrum. An octave band analyzer divides the audible sound spectrum into eight octave bands. Odor Threshold. The concentration of odorous matter in the atmosphere necessary to be perceptible to the olfactory nerve of a normal person. Determination of the odor threshold is prescribed by A.S.T.M.D. 1391-57, Standard Method for Measuring Odor in Atmosphere. 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 typical projections of cornices, eaves or porches. Outside Storage and Display, Permanent. A primary land use providing outdoor storage or display of commodities, materials, goods, equipment, vehicles, or merchandise in its normal day-to-day business activities. This definition excludes new and used sale or lease of automobiles, motorcycles recreational vehicles, boats, or watercrafts. This definition does not include temporary outside merchandise display, such as a sidewalk sale.

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Outside Merchandise Display, Temporary. A temporary display of merchandise for sale outside of a building. Outside Storage and Display, Under Eave Display, Temporary. The temporary display of merchandise for sale located immediately outside the main entrance to the building and generally in the area that is adjacent to the building and between the building and the walkway/entrance. Items include, but are not limited to, firewood, plants, pumpkins, shopping carts, and other items. (See Section 106.05.03(g), “Open Storage, Under Eave Display,” for regulations) Parking Space. An area of not less than 180 square feet (measuring approximately nine feet by twenty feet (9’ X 20’) not on a public street or alley, surfaced with concrete, enclosed or unenclosed, together with a driveway connecting the parking space with a street or alley permitting free ingress and egress. Head-in parking adjacent to a public thoroughfare or major access lanes shall not be permitted unless in the Lakefront District. Particulate Matter. Finely divided solid or liquid matter, other than water, which is released into the atmosphere. Permit. A license, certificate, approval, registration, consent, permit, contract, or other agreement for the construction or provision of service from a utility owned, operated, or controlled by the Town, or other form of authorization required by law, rule, regulation, order, or ordinance, which has been approved by the Town, that a person or entity must obtain to perform an action or initiate, continue, or complete a project for which the permit is sought, and for which the application for the permit or information required to be submitted for consideration provides fair notice of the project to the Town. Notwithstanding, an ordinance establishing or changing a zoning district, including but not limited to an ordinance establishing or amending a Planned Development District or Specific Use Permit, is not considered a permit under this definition. Photometric Plan. A point-by-point plan depicting the intensity height, and location of lighting on the property. Planned Development District. Intentional associations of uses developed as integral land use units such as industrial parks or industrial districts, offices, commercial or service centers, shopping centers, residential developments of multiple or mixed housing, including attached single family dwellings or any appropriate combination of uses which may be planned, developed, or operated or integral land use units either by a single owner or a combination of owners. Planning and Zoning Commission. The agency appointed by the Town Council as an advisory body to Council and which is authorized to recommend changes in the Zoning Ordinance and is authorized to decide matters relating to platting. Plat. A plan of a subdivision of land creating legal building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the Town and subject to approval by the Planning and Zoning Commission. Reference to a plat in this Chapter means an official plat of record which has been approved by the Planning and Zoning Commission and filed in the plat records of Denton County. Premises. Land together with any buildings or structures occupying it. Primary Use. The principal or predominant use of any lot or building. Private Franchised Utility, other than Listed. A nonpublic utility requiring special facilities in residential areas or on public property such as heating, cooling, or communications not customarily provided by the municipality or the normal franchised utilities. Railroad track and right-of-way, but not including railroad stations, sidings, team tracks, loading facilities, dock yards or maintenance areas. Private Street Development. A development of two (2) or more lots sharing private gated vehicular access ways that are not dedicated to the public and are not publicly maintained. Private streets and alleys may be established only under the terms of both the Subdivision Ordinance and the Zoning Ordinance, Sections 106.05.022(t), “Private Street Development/Gated Communities - Existing Subdivisions” and (u), “Private Street Development/Gated Communities - New Subdivisions.” The term "Private Street" shall include alleys within a private gated community. Riparian Buffer. An area of permanent vegetation adjacent to a water course and actively managed to maintain the integrity of stream channels and shorelines to reduce the impact of upland sources by trapping, filtering, and converting pollutants and supplying food, cover, and thermal protection to fish and other wildlife. The Director shall establish and maintain a Riparian Buffer/Corridor Map. Riparian Corridor. An ecosystem that includes three (3) major components: stream channel, floodplain, and transitional upland fringe. The Director shall establish and maintain a Riparian Buffer/Corridor Map indicating Riparian Corridor Little Elm Zoning Ordinance – ARTICLE I, GENERAL PROVISIONS Page 24

locations. River Stone. This is smooth river cobble measuring approximately three (3) to eight (8) inches in diameter. Room. A building or portion of a building which is arranged, occupied, or intended to be occupied as living or sleeping quarters, but not including toilet or cooking facilities. Screening. Screening is defined as a solid barrier of permanent material of sufficient height and density so that the objects being screened are not visible from any point on the lot line when viewed from any height between ground level and seven (7) feet above ground level. Secondary Use. A use included in a building or on a lot that is a lesser percentage of area than the primary use. Shopping Cart. A shopping cart is a metal or plastic conveyance meant to move goods from the store to a vehicle. The carts are owned by the store and not to be taken off premises. (See Section 106.05.03(f), “Open Storage, Temporary” and (g), “Open Storage, Under Eave Display” for regulations) Shopping Center. A group of primarily retail, service, commercial, and restaurant establishments planned, constructed and managed as a single entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, provision of aesthetically appropriate design and protection from the elements, and includes a managed sign program for all tenants. Sign. Any device, including its structure and component parts, which conveys commercial messages for visual communication or advertising that is used for the purpose of attracting attention of the public, but not including any lawful display of merchandise. Signs are governed by Chapter 86 of the Code of Ordinances. Site Plan. A detailed set of plans including such things as building footprints, parking, landscaping, photometrics, and building elevations. See Section 106.02.15, “Site Plan Approval” for more detailed information. Smoke. The visible discharge of particulate matter from chimney, vent, exhaust, or combustion process. Snow Cone Establishment. A structure for the temporary sale of snow cones and similar pre-packaged food items. Special Exception. A special exception is a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning district as special exceptions if specific provision for the special exception is made. Story. That part of a building included between the surface of one floor and the surface of the floor next above, or if there is no floor above, that part of the building which is above the surface of the highest floor thereof. A top story attic is a half-story when the main line of the eaves is not above the middle of the interior height of such story. The first story is the highest story having its interior floor surface not more than four (4) feet above the curb level established or mean street grade or average ground level, as mentioned in "height of buildings" of this section. The standard height for a story is eleven (11) feet, six (6) inches. Story, Half. A single room within a dwelling unit above the second floor. A half-story will occupy no less than two-thirds (2/3) of the area under the roof, and shall have non-operating opaque windows for façades that face adjacent properties. Transparent windows may face the front yard. A half-story containing independent apartment, living quarters, or bedroom shall be counted as a full story. Street Line. The dividing line between the street and the abutting property. Street. A thoroughfare which affords principal means of access to property abutting thereon. Streetscape. The urban elements that establish the major part of the public realm. The streetscape is composed of thoroughfares (travel lanes for vehicles and bicycles, parking lanes for cars, and sidewalks or paths for pedestrians) as well as the visible frontages (building facades and elevations, porches, yards, fences, awnings, etc.), and the amenities of the public frontages (street trees and plantings, benches, streetlights, etc.). Structure. Anything constructed or erected which 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

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customary fences or boundary or retaining walls. Structure, Accessory. Any structure, either attached or detached from the main dwelling, the use of which is incidental to that of the main structure and located on the same lot. Accessory structures include, but are not limited to patio covers, arbors, gazebos, cabanas, outdoor kitchens, recreational fire enclosures, solar panels, flagpoles, trellis, and structures/sheds or the like. A permit is required for many accessory structures (See Section 106.05.021(a) through (i) for requirements, “Accessory Uses.” Structural Alterations. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders. Temporary Building. An industrialized or modular building or structure without a permanent foundation shall be considered a temporary building. Membrane structures shall not be considered a temporary building. Thoroughfare. Same as street. Town Council. The governing body of the Town of Little Elm, Texas. Town. References to the "Town" shall mean the Town of Little Elm, Texas. Toxic and Noxious Matter. Any solid, liquid or gaseous matter which is present in sufficient quantities to endanger health, safety or comfort of persons in the vicinity or which may cause injury or damage to property. Tri-Partite Design. The technique of dividing the architectural elements of a building into three (3) horizontal planes, with a distinctive base, middle and top. The top plane may be smaller in size and considered an architectural feature. Urban Mixed-Use. A development or portion of a development that includes a mixture of residential and nonresidential uses in a configuration where a majority of the buildings are two or more stories tall and pedestrian oriented. Usable Open Space. An open area or recreational facility which is designed and intended to be used for outdoor living and/or recreation. An area of common usable open space shall have a slope not exceeding ten percent (10%), shall have no dimension of less than ten (10) feet, and may include landscaping, walks, recreational facilities and decorative objects such as art work or fountains. Usable open space shall not include: roof tops, accessory buildings, except those portions of any building designed specifically for recreational purposes, parking areas, driveways, turnaround areas, or the right- of-way of easement or public and private streets or alleys. Variance. An adjustment to the application of the specific regulations of the Zoning Ordinance or Subdivision Ordinance on a particular parcel of property which, because of special conditions or circumstances of hardship peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district. Only the Board of Adjustment of the Town Council may grant a variance. See Section 106.02.02(g), “Variances” for more information. Vested Rights. The specific land use rights that are granted upon receipt of certain applications. See Section 106.02.07, “Vested Rights” for more information. Vibration. A periodic displacement of the earth measured in inches (related to sound). Yard, Front. All the open area across the full width of the lot contained between the front property line of the lot and any portion of the main building. Yard, Rear. All the open area between the rear lot line and the rear line of the main building and the side lot lines. Yard, Side. All the open area between the building and the side line of the lot and extending from the front yard to the required minimum rear yard. Yard, Size. All the open area between the main building and the adjacent side line of the lot, and extending entirely from

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the front yard to the rear yard thereof. Yard. An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided, in measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear year, the least horizontal distance between the lot line and the main building shall be used. (Ord. No. 226, § 1, 10-20-1986; Ord. No. 250, § 2, 9-19-1988; Ord. No. 650, § 1, 7-6-2004; Ord. No. 881, § 2, 2-19-2008; Ord. No. 920, § 2, 11-11-2008; Ord. No. 959, § 2, 6-16-2009) 106.01.17 to 106.01.20 RESERVED

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ARTICLE II – ADMINISTRATION AND PROCEDURES

Article II, PART ONE - Administration

106.02.01 ...... Planning & Zoning Commission. (a) Authority, Duties and Responsibilities. In addition to any authority granted to the Planning and Zoning Commission by state law or other ordinances of the Town, the Planning and Zoning Commission shall have the following powers and duties under the provisions of these regulations: (1) To make recommendations to the Town Council concerning adoption, modification, and implementation of the Comprehensive Plan and supporting studies. (2) To make recommendations to the Town Council concerning amendments to the zoning ordinance and the creation or modification of zoning districts, as provided in TEXAS LOCAL GOVERNMENT CODE, Ch. 211, as amended or superseded. (3) To make recommendations to the Town Council concerning the rezoning of land, the approval of development plans, and specific use permits. (4) To make recommendations to the Town Council concerning regulations and modifications to the subdivision regulations governing the platting and development of land. (5) To approve or disapprove all plats pursuant to the terms of TEXAS LOCAL GOVERNMENT CODE, Ch. 212 and the Subdivision Ordinance. (6) To perform the following functions, mandated under state impact fee enabling legislation, as the Town's designated capital improvements program advisory committee. Ad hoc voting member(s) will be added as necessary to meet state requirements when acting as this committee. i. To make recommendations to the Town Council concerning the development and adoption of land use assumptions; ii. To review and file written comments with the Town Council on the impact fee capital improvements plans; iii. To monitor and evaluate implementation of the impact fee capital improvements plans; iv. To advise the Town Council of the need to update or revise the land use assumptions, impact fee capital improvements plans, the impact fee ordinance, and fee rates; and v. To file a semiannual report evaluating the progress of the Town in achieving the impact fee capital improvements plans and identifying any problems in implementing the plans or administering impact fees. (7) To make recommendations to the Town Council concerning amendments to the Thoroughfare Plan. (8) To make recommendations to the Town Council concerning amendments to the Sign Ordinance. (9) To make recommendations to Town Council concerning the annexation of land into the corporate limits of the Town. (10) To gather information and make recommendations to the Town Council in cooperation with the Park Board and similar organizations concerning recreation areas, the development and improvement of parks and boulevards, the extension and opening of streets and other public rights-of-way, and the general Town plans and improvements. (11) To keep itself informed concerning the progress of Town planning in all areas and conduct studies and provide recommendations for the improvement of the Town with a view to the present and future movement of traffic, and the convenience, health, recreation, safety, general welfare, and needs of the Town dependent on such plans. (12) To consider and report to the Town Council with reference to all facts bearing upon all new public ways, lands, buildings, bridges, extensions, or opening of streets and their relation to the adopted Comprehensive Plan. (13) To act as an advisory Board to the Town Council relating to all nature of public utilities, controlling and regulating traffic upon the public streets of the Town, and such other matters relating to civic improvements as the Commission may deem beneficial and in the best interests of the Town. (14) To conduct related business and make other recommendations on matters that may be specifically assigned or required by the Town Council or Director of Development Services.

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(15) Submit in March of each year a written progress report to the Town Council summarizing its activities, major accomplishments for the past year, and proposed work program for the coming year. The report shall contain the attendance record of all members and the identity of the Commission members and officers for the preceding year. (16) All current and alternate members are required to attend a recognized class regarding planning and zoning rules and procedures within twelve (12) months of appointment or the first available class. (17) Staff shall provide Commission members with periodic workshops regarding the subject of planning, zoning, comprehensive plans, open meetings, or other subjects of benefit to the members and the functioning of the Commission. (Ord. No. 761, (68-1), 2-21-2006) Editor’s Note: Ord. No. 761, adopted Feb. 21, 2006, amended Ord. Nos. 68, 373, and 444, from which §§ 106-53--106-58 derived. Ord. No. 761 further enacted §§ 68-1--68-5, 68-7, which have been codified as §§ 106-53--106-58.)

(b) Composition of Commission and Terms of Service. The Planning and Zoning Commission shall be composed of seven (7) regular members. Each regular member shall be appointed by the Town Council, and shall occupy a place on the Planning and Zoning Commission, such places being numbered Places One, Two, Three, Four, Five, Six and Seven, respectfully. In addition, two (2) alternate members shall be appointed to Places Eight and Nine, who shall serve in the absence of one (1) or more of the regular members of the Commission when requested to do so by the Director. Each member and alternate shall be a resident citizen of the Town and must forfeit his office should he cease to reside in the Town during his term of office. The Town Council will consider for appointment to the Commission only citizens who have demonstrated civic interest, general knowledge of the community, independent judgment, interest in planning and zoning matters, and availability to prepare for and attend meetings. It is the intent of the Town Council that members and alternates shall, by reason of diversity of their individual occupations, be broadly representative of the community. (Ord. No. 761, (68-2), 2-21-2006) Note: See Editor's note to §106-53.) (1) Terms shall be staggered to expire on February 28 of every year, with places One, Four, and Seven grouped, places Two, Five, and Eight grouped, and places Three, Six, and Nine grouped so that each group’s terms expire every third year. (2) Members shall serve at the will and pleasure of the Town Council. The terms of office for members of the Commission, whether regular or alternate, shall be three (3) years. Vacancies shall be filled for unexpired terms. Newly appointed members shall be installed at the first regular Commission after their appointment. (3) No person shall serve as a regular member of the Commission for more than three (3) successive terms of office. For purposes of this section, the phrase "terms of office" shall not include any unexpired portion of any three (3) year term. Alternate members shall have no term limits. (Ord. No. 761, (68-3), 2-21-2006) Note: See Editor's note to §106-53.) (4) Members and alternates of the Commission shall serve without compensation and may not hold any elective office of the State of Texas or any other political subdivision thereof during their terms.

(c) Meetings and Procedure. The Commission shall hold an organizational meeting in March of each year or as soon thereafter as is possible and shall elect a chairman and vice-chairman from among its members before proceeding to any other matters of business. The secretary of the Commission will be the Development Services Director or his designee. Meetings of the Planning and Zoning Commission may be held as often as necessary to conduct the business of the Commission at the call of the chairman and as such other times the Commission may determine. The Commission shall adopt its own rules of procedure and keep records of its proceeding consistent with the provisions of this section and the requirements of law. (Ord. No. 761, (68-4), 2-21-2006) Note: See Editor's note to §106-53.) (1) Meetings. All meetings and hearings of the Commission shall be open to the public in accordance with applicable law and shall be conducted in accordance with the procedures set forth in these regulations and rules of procedure adopted by the Commission. Any action calling for a formal vote shall take place only at a public meeting. Executive sessions shall not be open to the public and shall be conducted in accordance with the procedures consistent with the laws of the State of Texas. (2) Rules of procedure. The Commission shall have the power to adopt its own rules of procedure insofar as same are consistent with the laws of the State of Texas and the ordinances of the Town of Little Elm, and shall keep a written record of all of its proceedings. The Development Services Director shall have the duty

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of care, custody, and control of all records of the Commission. (3) Regular and special meetings. The Commission shall hold meetings regularly at least twice each month within the corporate limits of the Town, and shall designate the time and place of such meetings. The Commission may hold special meetings as necessary, with all rules for regular meetings applicable. (4) Expenses. Whenever deemed necessary by the Commission to incur any expenses in the performance of duties assigned to the Commission, an estimate of such proposed expenses shall be submitted to the Development Services Director, who must obtain approval from the Town Manager. No debts of any kind or character shall be made or incurred by the Commission, or anyone acting for the Commission, unless and until such expenditures have been specifically authorized in writing by the Town Manager prior to the time such obligations are incurred. (5) Quorum. Four (4) members of the Commission shall constitute a quorum for the transaction of business. (Ord. No. 761, (68-5), 2-21-2006) Note: See Editor's note to § 106-53.) (6) Chairman’s duties. The chairman shall preside over meetings. If a question regarding procedures arises, Robert's Rules of Order, Newly Revised, shall apply. (7) Vice-Chairman’s duties. The vice-chairman shall assist the chairman in directing the affairs of the Board of Adjustment. In the absence of the chairman, the vice-chairman shall assume the duties of the chairman. (8) Alternate member rights. An alternate sitting as a regular member has all the rights and privileges as a regular member. (9) Motions. A motion may be made by any member other than the presiding officer. (10) Voting. Approval of all matters and motions before the Commission shall require the affirmative vote of a majority of all members of the Commission present and voting, unless otherwise provided by law or the adopted by rules of procedure. (11) Minutes. The Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which are public records and shall be immediately filed in the office of the Commission. (12) Voluntary disqualification for cause. A member shall disqualify himself from voting whenever he finds that he has a personal or monetary interest in the property under review, or that he will be directly affected by the decision of the Commission. (Ord. No. 68, § 68-8, 7-1-1976)

106.02.02 ...... Board of Adjustment. (a) Authority, Duties and Responsibilities. (1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Development Services Director in the enforcement of this Chapter, including any appeal from a vested rights determination by the Town Manager pursuant to the Town's vested rights policy, originally adopted by Resolution No. 11210602, and as amended by Resolution No. 03050801, and detailed in Section 106.02.07, “Vested Rights,” and any other applicable amendments. (2) To hear and decide only such special exceptions as the Board of Adjustment is specifically authorized to pass on by the terms of this Chapter; to decide such questions as are granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this Chapter, or to deny special exceptions when not in harmony with the purpose and intent of this Chapter. (3) To hear and decide upon only such variances or modifications of the height, yard, area, coverage and parking regulations as the Board is specifically authorized to pass on pursuant to the terms of this Chapter. (4) To hear and decide upon the existence of any nonconforming use and to enforce the amortization provisions as set forth in this Chapter. (5) To provide a reasonable interpretation of the provisions of Chapter 22, Article III, of the Code of Ordinances relating to substandard structures, to mitigate specific provisions of the substandard structure ordinances which create practical difficulties in their enforcement and to hear cases and make determinations relating to substandard structures. (6) To hear and decide upon only such variances or modifications of the ordinance requirements relating to the size, shape or nature of a sign as the Board is specifically authorized to pass on pursuant to the terms of Chapter 86 of the Code of Ordinances.

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(b) Composition of the Board and Terms of Service. (1) The Board shall consist of five (5) regular members who shall be appointed by the Town Council. Two (2) of the regular members shall be appointed in one (1) year and the remaining three (3) members shall be appointed in the following year, with terms expiring on February 28th of the year the term ends. (2) In addition to the five (5) regular members of the Board of Adjustment, two (2) alternate members of the Board, who shall serve in the absence of one or more regular members, shall be appointed by a majority vote of the Town Council so that all cases heard by the Board will always be heard by a minimum of four (4) members. The initial term of office of two (2) of the alternate members shall be one (1) year while the initial term of the other two (2) alternates shall be two (2) years. Thereafter, all of the alternates shall be appointed for two (2) year terms. In determining which of the two (2) alternate members shall serve in the absence of a member, the alternate members shall be contacted to serve on a rotating basis starting first with the alternate member having the longest tenure. If for any reason more than one (1) member must be absent, more than one (1) alternate may serve consistent with the provisions of this section. (3) Each member or alternate member of the Board shall be a resident citizen and qualified voter of the Town, at the time of his appointment. A member or alternate member who ceases to reside in the Town during his term of office must immediately forfeit his office. (4) The term of office for all members shall be two (2) years. All vacancies on the Board shall be filled by the Town Council. (5) A regular member may not serve more than two (2) consecutive full terms. This term limitation shall not apply to alternates. (6) Members of the Board may be removed by the Town Council in accordance with Chapter 211 of the TEXAS LOCAL GOVERNMENT CODe. (7) Members and alternates shall serve without compensation.

(c) Meetings and Procedures. The Board shall adopt procedures and rules necessary to the conduct of its affairs and in keeping with the provisions of this ordinance and in accordance with state law. (1) Meetings. Meetings shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be conducted in accordance with the Texas Open Meetings Act. (2) Quorum. Each case before the Board must be heard by at least four (4) members. The concurring vote of at least four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Director, or to decide in favor of the applicant on any matter upon which the Board is required to act under this Code or to grant any variance authorized by this Chapter. (3) Election of officers. At the first scheduled Board meeting in March of each year, or as soon thereafter as practicable, the first item of business shall be the selection of the Board of Adjustment's chairman and vice- chairman by the regular members of the Board. The alternate members of the Board are not eligible to serve as the Board chairman or vice-chairman or to participate in the selection of such chairman or vice- chairman. (4) Chairman’s duties. The chairman shall preside over meetings. If a question regarding procedures arises, Robert's Rules of Order, Newly Revised, shall apply. (5) Vice-Chairman’s duties. The vice-chairman shall assist the chairman in directing the affairs of the Board of Adjustment. In the absence of the chairman, the vice-chairman shall assume the duties of the chairman. (6) Minutes. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which are public records and shall be immediately filed in the office of the Board. (7) Voluntary disqualification for cause. A member shall disqualify himself from voting whenever he finds that he has a personal or monetary interest in the property or case under review, or that he will be directly affected by the decision of the Board.

(d) Appeal of Director's Decision. In exercising its powers, the Board may, in conformity with the provisions of the state statutes, as existing or hereafter amended, reverse or affirm, wholly or partly, or may modify the order,

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requirements, decision or determination appealed from and make such order, requirement, decision or determination, in the Board's opinion, as ought to be made and shall have all the powers of the officer from whom the appeal is taken. (1) Appeals to the Board concerning interpretation or administration of this ordinance may be taken by any person aggrieved or by any officer, department, or Board of the Town affected by any decision of the Director. Such appeals shall be taken within a reasonable time, not to exceed fifteen (15) days, after the decision has been rendered by the Director by filing with the official and the Board a notice of appeal specifying the grounds thereof. The Director shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. (2) The Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney. (3) An appeal stays all proceedings in furtherance of the action appealed from, unless the Director from whom the appeal is taken certifies to the Board after the notice of appeal is filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board or by a court of record on application, on notice to the Director from whom the appeal is taken and on due cause shown.

(e) Appeals Resulting from Board Action. (1) Any persons, jointly or severally, aggrieved by a decision of the Board under this section, or any taxpayer or any officer, department, or Board of the municipality may present to a court of competent jurisdiction a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. 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. (2) Any owner, lienholder, or mortgagee of record of property, jointly or severally, aggrieved by the final decision of the Board issued under this section, may file in district court a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the date a copy of the final decision is personally delivered or mailed via first class mail, certified mail return receipt requested, to the owner, lienholder, or mortgagee and not thereafter. (3) Any person aggrieved by a decision of the Board issued under this section, may file in district court a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within twenty (20) days after the date the decision is rendered by the Board and not thereafter. (Ord. No. 226, § 24, 10-20-1986; Ord. No. 596, § 1, 7-15-2003; Ord. No. 827, § 2, 3-20-2007)

(f) Special Exceptions. (1) A special exception shall not be granted by the Board unless and until: i. Written application for a special exception is submitted indicating the section of this Chapter under which the special exception is sought and stating the grounds on which it is requested; ii. Notice must be given at least fifteen (15) days in advance of the public hearing. The owner of the property for which special exception is sought or his agent shall be notified by mail. Notice of such hearings must be posted on the property for which the special exception is sought, at the Town Hall, and notice must be provided in one other public place, such as a newspaper, at least fifteen (15) days prior to the public hearing; iii. A public hearing must be held. Any party may appear in person or by agent or attorney; iv. The Board shall make a finding that it is empowered under the section of this Chapter described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest. (2) In granting any special exception, the Board may prescribe appropriate conditions and safeguards in conformity with this Chapter. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this Chapter and the penalties Little Elm Zoning Ordinance – ARTICLE II, PART ONE, ADMINISTRATION Page 32

set forth in Section 106.01.11, “Penalties and Enforcement,” shall apply. The Board shall prescribe a time limit within which the action for which the special exception is required shall begin or be completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the special exception, without necessity of further action by the Board.

(g) Variances. (1) To authorize upon appeal in specific cases such variance from the terms of this Chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Chapter would result in unnecessary hardship and so that the spirit of this Chapter is observed and substantial justice is achieved. A variance from the terms of this Chapter shall not be granted by the Board unless and until a written application for a variance is submitted demonstrating the following: i. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district or area; ii. That a literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district or area under the terms of this Chapter; iii. That the special conditions and circumstances do not result from the actions of the applicant; and iv. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other lands, structures, or buildings in the same district or area. (2) Nonconforming use of neighboring lands, structures, or buildings in the same district, and permitted use of lands, structures, or buildings in other districts shall not be considered grounds for the issuance of a variance. (3) Notice of public hearing must be given as set forth in this section; (4) A public hearing must be held. Any party may appear in person, or by agent or attorney; (5) The Board shall make findings that the requirements of this section have been met by the applicant for a variance; (6) The Board shall further make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; (7) The Board shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this Chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. (8) In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Chapter and the penalties set forth in Section 106.01.11, “Penalties and Enforcement,” shall apply. (9) Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this Chapter in the district involved or any use expressly or by implication prohibited by the terms of this Chapter in said district.

(h) Nonconforming Uses. (1) The Board, on its own motion or at the direction of the Town Council or an interested property owner, may inquire into the existence of any nonconforming use in the Town of Little Elm, and after public hearing and investigation into the conditions created by the use, fire or health hazards created by the use, and any other danger or nuisance to the public due to or created by any condition or use existing on the property, require the discontinuance or termination of such use. The owner of the use under investigation by the Board shall have not less than ten (10) days written notice prior to the day of the public hearing. The Board, after having heard from any affected parties and the public, shall prescribe a reasonable time period for compliance, discontinuance and termination of the nonconforming use that allows for amortization of the owner's actual investment in the use that occurred before the time that the use became nonconforming. i. In prescribing said time period, the Board shall consider the following factors: a. The capital investment in structures, fixed equipment, and other assets (excluding inventory and

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other assets that may be feasibly transferred to another site) on the property at the time the use became nonconforming; b. Any costs that are directly attributable to the establishment of compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages; c. Any return on investment since inception of the use, including net income and depreciation; and d. The anticipated annual recovery of investment, including net income and depreciation. ii. If the Board establishes an amortization (or compliance) date for a nonconforming use, the use must cease operation on that date and it may not operate thereafter unless it becomes a conforming use. iii. For purposes of this section, "owner" means the owner of the nonconforming use at the time of the Board's determination of an amortization (or compliance) date for the nonconforming use. iv. The Board shall have the power to subpoena witnesses, documents and things; administer oaths; punish for contempt; and may require the production of documents and other things, under such regulations as it may establish or deem appropriate. (Ord. No. 226, § 25, 10-20-1986; Ord. No. 827, § 3, 3-20-2007; Ord. No. 886, § 2, 4-1-2008)

106.02.03 ...... Development Services Department. (a) Administration and Enforcement. The Development Services Director (“Director”) shall administer and enforce this Chapter. He may be provided with the assistance of such other persons as the Town Manager may direct. If the Director shall find that any of the provisions of this Chapter are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this Chapter to ensure compliance with or to prevent violation of its provisions.

(b) Director or Designee. The Director may designate appropriate staff members to assist and guide decision making for those items that require staff approval.

(c) Construction and Use to be as Provided in Applications, Plans, Permits, and Certificates of Occupancy. Building permits or certificates of occupancy issued on the basis of plans and applications approved by the Director authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement, or construction or variance with that authorized shall be deemed violation of this Chapter, and punishable as provided by Section 106.01.11, “Penalties and Enforcement,” hereof. (Ord. No. 226, § 15, 10-20-1986; Ord. No. 237, 3-2-1987)

106.02.04 ...... Zoning upon Annexation. (a) Home Rule Authority to Annex. The Town may, from time to time, alter its boundaries by annexing or disannexing territory in any size or shape desired in any manner provided by state law, with or without consent of the owners of such territory or the inhabitants thereof. Any additional territory annexed to the Town shall be a part of the Town for all purposes, and the property situated therein shall bear its pro rata part of the taxes levied by the Town as provided by state law. The inhabitants thereof shall be entitled to all rights and privileges of all citizens and shall be bound by the acts, ordinances, and resolutions of the Town. Whenever, in the opinion of the Town Council, there exists within the corporate limits of the Town any territory, either inhabited or uninhabited, not suitable or necessary for Town purposes, or upon a petition signed by a majority of the qualified voters residing in said inhabited territory, the Council may, upon a public hearing and by ordinance duly passed, discontinue said territory as part of the Town. The Town shall comply with all applicable procedural rules and notice requirements set forth in state law.

(b) Annexed Territory to be Zoned AG–Agricultural. All territory which hereafter is annexed to the Town shall be temporarily zoned AG-Agricultural district until otherwise zoned by the Town Council.

(c) Concurrent Annexation and Permanent Zoning. In the event the Planning and Zoning Commission holds a hearing on proposed annexation, it may, at its discretion, at the same time hold a hearing upon the permanent zoning

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that is to be given to the area or tract to be annexed, and make a recommendation on both matters to the Town Council so that the Town Council, can if it desires, act on the matter of permanent zoning and annexation at the same time.

106.02.05 ...... Creation of a Building Site No permit for construction of a building or buildings upon any property within the Town shall be issued until a building site, building tract or building lot has been created in compliance with one of the following conditions: (1) The property is within the boundaries of an approved final plat and is located within the town limits of the Town of Little Elm and has been permanently zoned by the Town Council. (2) The property is outside the town limits of the Town of Little Elm but within its Extraterritorial Jurisdiction (ETJ) and platted according to the Town of Little Elm Subdivision Regulations, unless stated otherwise in an approved facilities agreement. (3) The property is all or part of a conceptual plan adopted as part of the regulations of an approved Planned Development District and the associated plat which shows all utility and drainage easements, necessary streets and other public improvements, has been approved by the Planning and Zoning Commission. The final plat shall be filed subsequent to the construction, dedication, and acceptance of the required easements, alleys, and streets by the Town.

106.02.06 ...... Platting (a) Property within the Town Limits. The Town shall not approve any plat of any subdivision within the town limits of the Town until the area covered by the proposed plat shall have been permanently zoned by the Town Council.

(b) Plat Delay Pending Annexation. The Town shall not approve any plat of any subdivision within any area where a petition or Chapter for annexation or a recommendation for annexation to the Town is pending before the Town Council unless and until such annexation shall have been approved by the Town Council.

(c) Regulations for Property within Town Limit and ETJ. All plats in the Town limits or the Town’s extraterritorial jurisdiction (ETJ) must comply with the Town of Little Elm Subdivision Regulations, unless stated otherwise in an approved facilities agreement. (Ord. No. 226, § 14, 10-20-1986)

106.02.07 ...... Vested Rights (a) Purpose, Applicability and Effect. (1) Purpose. The purpose of a vested rights petition is to determine whether one or more standards of this Chapter should not be applied to a development application by operation of state law, or whether certain permits are subject to expiration. (2) Applicability. A vested rights petition may be filed for an application, permit, plan or plat, or any development application authorized under this Chapter, filed in accordance with the TEXAS LOCAL GOVERNMENT CODE, CHAPTER 245 or successor statute. A vested rights petition may not be filed with a petition for a text amendment, a zoning map amendment or any other request for a legislative decision by the Town Council. A vested rights petition also may be filed prior to expiration of certain permits pursuant to subsection (b) below of this section. (3) Effect. Upon granting of a vested rights petition in whole or in part, the responsible official (subsection (d) below) shall process the development application and the Director of Development Services shall decide the application in accordance with the standards specified in the relief order based on prior ordinance requirements or development standards, or extend the permit otherwise subject to application pursuant to subsection (b) of this section.

(b) Expiration for Projects Began on or after [date of ordinance]. (1) Two-year permit expiration. Notwithstanding any other provision of this Chapter, for any development permit authorized by this Chapter for which an expiration date is established and which is submitted for filing on or after [date of ordinance], the expiration date shall be two years following the date of approval of the permit. Exemption: The holder of the permit files a petition before [date of ordinance] for a vested rights determination pursuant to this subsection (b), alleging that progress has been made toward

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completion of the project for which the application subject to expiration was filed. If a vested rights petition is timely filed, the Town Manager shall determine the expiration date of the permit in deciding the petition. (2) Five-year application/project expiration. Notwithstanding any other provision of this Chapter, for any development permit authorized by this Chapter which is submitted for filing on or after [date of ordinance], and which has expired under subsection (b)(1) above of this section, all previously approved development applications for the same land also shall expire no later than five years from the date of filing of the first application for the project for which the expired application was filed, if the filing of an application for or approval of the expired permit was required to avoid expiration for the previously approved permit or permits, unless the holder of such permits files a petition before such date for a vested rights determination pursuant to this Section 106.02.07, “Vested Rights” alleging that progress has been made toward completion of the project for which the applications subject to expiration were filed. If a vested rights petition is timely filed, the Town Manager shall determine the expiration date of the previously approved permits in deciding the petition.

(c) Petition Requirements. (1) Who may petition. A vested rights petition may be filed by a property owner or the owner’s authorized agent, including the applicant, with any development application or by the holder of a permit subject to expiration pursuant to subsection (b) above of this section. (2) Form of petition. The vested rights petition shall allege that the petitioner has a vested right for some or all of the land subject to the development application under TEXAS LOCAL GOVERNMENT CODE, CHAPTER 245, ISSUANCE OF LOCAL PERMITS or successor statute, or pursuant to TEXAS LOCAL GOVERNMENT CODE, SECTION 43.002, CONTINUATION OF LAND USE, or successor statute, that requires the Town 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: i. A narrative description of the grounds for the petition; ii. A copy of each approved or pending development application that is the basis for the contention that the town may not apply current standards to the development application that is the subject of the petition; iii. The date of submittal of the application for the permit, or of a development plan pursuant to which the permit was subsequently filed, if different from the official filing date; iv. The date the project for which the application for the permit was submitted was commenced; v. Identification of all standards otherwise applicable to the development application from which relief is sought; vi. Identification of any current standards which petitioner agrees can be applied to the development application at issue; vii. A narrative description of how the application of current standards affects proposed use of the land, landscaping or tree preservation, open space, or park dedication, lot size, lot dimensions, lot coverage or building size shown on the development application for which the petition is filed; viii. A copy of any prior vested rights determination involving the same land; and ix. Where the petitioner alleges that a permit subject to expiration under subsection (b) above of this section 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.

(d) Timing for Filing Petition. A vested rights petition must be filed with a development application for which a vested right is claimed, except that the petition may be filed before the date of expiration of any permit when filed pursuant to subsection (b) above. Where more than one application is authorized to be filed by this Chapter, the petition may be filed simultaneously for each application.

(e) Processing of Petitions and Decision. (1) Responsible official. The responsible official for processing the development application in conjunction with a vested rights petition is the Director of Development Services. The Director shall promptly forward a copy

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of the vested rights petition, along with his recommendation, to the Town Manager and Town Attorney for their review. (2) Decision by Town Manager. The Town Manager is the final decision-maker on all vested rights petitions. A request must be accompanied by a waiver of the time for decision-making on the application imposed under this Article pending decision by the Town Manager on the vested rights petition, which shall stay further proceedings on the application. Upon receipt of the request, the Director of Development Services or his designee shall prepare a recommendation and forward the matter to the Town Manager for decision, who shall decide the petition within thirty (30) calendar days following the petitioner’s request. (3) Appeals. Appeals to the Town Manager’s decision shall be brought to the Board of Adjustment. Appeals to the decision made by the Board of Adjustment may be brought to the district or county court, as stipulated SECTION 211.011 in TEXAS LOCAL GOVERNMENT CODE.

(f) Criteria for Approval. (1) Factors. The Town Manager shall decide the vested rights petition based upon the following factors: i. The nature and extent of prior development applications filed for the land subject to the petition; ii. Whether any prior vested rights determinations have been made with respect to the property subject to the petition; iii. Whether any prior approved applications for the property have expired or have been terminated in accordance with law; iv. Whether current standards adopted after commencement of the project affect proposed use of the land, landscaping or tree preservation, open space, or park dedication, lot size, lot dimensions, lot coverage or building size based upon the proposed development application; v. Whether any statutory exception applies to the standards in the current zoning ordinance from which the applicant seeks relief; vi. Whether any prior approved applications relied upon by the petitioner have expired; vii. Any other provisions outlined in the TEXAS LOCAL GOVERNMENT CODE, CHAPTER 245 or successor statute. (2) Conditions. If the claim of vested rights under a petition is based upon a pending application subject to standards that have been superseded by current standards under this Chapter, the decision-maker may condition any relief granted on the petition on the approval of the application under such prior standards.

(g) Application for Permits Following Final Decision on the Vested Rights Petition. Following the Town Manager’s decision on the vested rights petition, the property owner shall revise the development application or permit to conform to the final decision. The decision-maker on the development application shall consider any application revised under this Article in accordance with the procedures for deciding the initial application under this Chapter and in conformity with the relief granted on the petition. If the relief granted on the vested rights petition is consistent with the development application on file, no revisions are necessary. If proceedings have been stayed on the development application pending referral of the vested rights petition, proceedings on the application shall resume after the Town Manager’s decision on the vested rights petition.

(h) Action on Petition and Order. (1) Action on the petition. The Town Manager’s decision on the vested rights petition may take any of the following actions: i. Deny the relief requested in the petition, and direct that the development application shall be reviewed and decided under currently applicable standards; ii. Grant the relief requested in the petition, and direct that the development application shall be reviewed and decided in accordance with the standards contained in identified prior regulations; or iii. Grant the relief requested in part, and direct that certain identified current standards shall be applied to the development application, while standards contained in identified prior regulations also shall be applied; or iv. For petitions filed pursuant to subsection (b) above of this section, specify the expiration date or the conditions of expiration for the permit(s).

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(2) Order on the petition. The Town Manager’s report and each decision on the vested rights petition shall be memorialized in an order identifying the following: i. The nature of the relief granted, if any; ii. The approved or filed development applications upon which relief is premised under the petition; iii. Current standards which shall apply to the development application for which relief is sought; iv. Prior standards which shall apply to the development application for which relief is sought, including any procedural standards; v. The statutory exception or other grounds upon which relief is denied in whole or in part on the petition; vi. To the extent feasible, subordinate development applications that are subject to the same relief granted on the petition; and vii. For petitions filed pursuant to subsection (b) of this section, the date of expiration of the permit or permits.

(i) Expiration and Extension. (1) Expiration. Relief granted on a vested rights petition shall expire on occurrence of one of the following events: i. The petitioner or property owner fails to submit a required revised development application consistent with the relief granted through the vested rights decision within forty-five (45) days of the final decision on the petition; ii. The development application for which relief was granted on the vested rights petition is denied under the criteria made applicable through the relief granted on the petition; or iii. The development application for which relief was granted on the vested rights petition expires. (2) Extension. Extension of the date of expiration for the development application for which relief was granted on a vested rights petition shall result in extension of the relief granted on petition for a like period. 106.02.08 to 106.02.10 ...... Reserved.

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Article II, PART TWO – Procedures

106.02.11 ...... Map Amendments to the Zoning Ordinance (a) Purpose. The Zoning Ordinance Official Zoning Map may be changed from time-to-time due to changes in market forces, development opportunities, or individual requests for development other than what is designated on the Official Zoning Map. This section describes the process by which the Official Zoning Map may be changed.

(b) Authority. Any person or corporation having a legal or equitable ownership interest in any real property may petition the Town Council for a change or amendment to the Official Zoning Map or the regulations relating to a specific tract of land located within the Town. In addition, the Planning and Zoning Commission may on its own motion or on request from the Town Council institute a study and proposal for such changes and amendments in the public interest.

(c) City Initiation. The Town Council may, from time to time, amend or change by ordinance the boundaries of the various zoning districts or the use and development regulations relating to a specific property in accordance with the manner provided by state law.

(d) Procedure and Approval. (1) Compliance with Comprehensive Future Land Use Map (FLUP). Before taking action on any proposed amendment or change, Staff shall determine that the proposed amendment is consistent with the goals and vision of the Comprehensive Plan. If it is not, the Staff recommendation shall be for denial unless or until a Comprehensive Plan change has been effected that would bring the request into compliance with the Comprehensive Plan. ARTICLE II, TABLE A FUTURE LAND USE PLAN/ZONING DISTRICT CONVERSION TABLE Future Land Use Plan Designation Supported Zoning Districts* Estate Residential AG, SF-RE, CF Low Density Residential A-1, A-2, SF-1, SF-2, SF-3, SF-4, SF-X Medium Density Residential TH, D, PH, SF-X High Density Residential MF, TH, PH Manufactured Home Area MH-1, MH-2, D Public/Semi-Public CF Parks and Open Space AG, CF Private Recreation CF Town Center LF, CF Retail/Office O, NS, LC, CF Business Commercial LC, HC, LI, HI, CF Lakefront District N/A Eldorado Corridor District N/A *PD zoning may be supported in any of the FLUP designations

(2) Comprehensive Plan and Zoning Amendment considered concurrently. A future land use plan amendment and a zoning change may be requested together, noticed together, and be considered at the same Planning and Zoning Commission and Town Council meetings. If processed together there will not be an additional application fee. However, if a future land use plan amendment is requested separate from a zoning request, an application fee is required to be paid. The amount shall be equal to the zoning application fee. (3) Notification prior to the Planning & Zoning Commission public hearing. The Commission must hold a public hearing on any application for a Zoning Map amendment or change prior to making its recommendations and report to the Town Council. The following state mandated regulations must be met before the public hearing may be convened: i. Written notice of all public hearings before the Commission on a proposed amendment or change to the Official Zoning Map, including an amendment or change to the use and development regulations

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governing a specific tract of land, must be sent to all owners of real property located within 200 feet of the property on which the change is requested. Notice must be given a minimum of ten (10) days prior to the date set for the public hearing by mailing such notice properly addressed and postage- paid to each taxpayer as the ownership appears on the last approved Town tax roll. A certificate of mailing shall be obtained from the Postal Service and copy of same shall be retained in the case records. ii. Notice of such hearing by the Planning & Zoning Commission must be given by publication in the official newspaper of the Town of Little Elm stating the time and place of such public hearing a minimum of ten (10) days prior to the hearing. iii. Public notification signs must be posted, per Section (e), below, a minimum of ten (10) days prior to the hearing and remain in place until the public hearing by the Commission and must remain in place until the hearing before the Town Council. iv. Notice of the public hearing must be posted at Town Hall a minimum of seventy-two (72) hours prior to the Commission hearing. (4) Commission recommendation. The Town Council shall not take action on a proposed zoning amendment without a recommendation from the Planning and Zoning Commission. (5) Town Council notification and approval. A public hearing must be held by the Town Council before adopting any proposed Zoning Map amendment or development regulation change relating to a specific tract of land. The following state mandated regulations must be met before the public hearing may be convened: i. Notice of the Town Council public hearing must be given by publication in the official newspaper of the Town of Little Elm stating the time and place of such public hearing a minimum of fifteen (15) days prior to the hearing. ii. Public notification signs posted, per Section (e), below, must remain in place until the public hearing by Town Council. iii. Notice of the Town Council public hearing must be posted at Town Hall a minimum of seventy-two (72) hours prior to the hearing. (6) If a written protest against such change is submitted in accordance with Section 106.02.13, “Zoning Amendment Protest Procedure,” by the owners of twenty percent (20%) or more of either (i) the area of the lots or land covered by the proposed change or (ii) the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area, such map amendment shall not become effective except by the favorable vote of three-fourths (¾) of all the members of the Town Council. (7) In computing the percentage of land area under Subsection (6), above, the area of streets and alleys shall be included.

(e) Public Notification Signage. (1) Any person, firm or corporation requesting a change in zoning from one zoning classification to another zoning classification on a specific site or other amendments to the use and development regulations governing such property shall erect and maintain a notification sign, provided by the Town upon said property. Such sign shall be: i. Sized a standard four foot by four foot (4’ X 4’); ii. Located within fifteen (15) feet of the closest, adjacent, most heavily traveled thoroughfare; iii. Located perpendicular to the street so as to be clearly visible and both sides of the sign are clearly readable from the thoroughfare and not obstructed in any manner; iv. Located so as not to create a hazard to traffic on, entering or leaving public rights-of-way abutting the property; and v. Erected on the subject property at least ten (10) days prior to the public hearing of such request by the Planning & Zoning Commission, and to remain continuously on said property until final action by the Town Council or withdrawal of the request by the applicant. Removal of the required public notification sign by the applicant prior to final action of the Town Council shall constitute a withdrawal

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of the request. Photographic proof (with time stamp) must be provided to staff to ensure that the notification signs have been placed on the property within the required time frame. (2) It shall be unlawful for anyone to remove, destroy, deface or obstruct the view of a required sign which gives notice that a zoning hearing has been requested, however, it shall be an affirmative defense to prosecution of the underlying zoning request has been finally approved or denied by the Town Council or if such request has been withdrawn by the applicant. (3) In the event the applicant should fail to erect or maintain any required signs in accordance with any appropriate standard in this section, then the public hearing before the Planning & Zoning Commission and/or Town Council must be postponed to a date in the future that allows adequate time for compliance. (4) The sign shall be two-sided and state that a zoning change is requested and shall list a phone number of an appropriate Town department that may be contacted for information regarding this request. (5) There shall be a cost attributed to the receiving of each sign by the applicant and such cost shall be listed in the Schedule of Fees. (6) Failure to comply with the posting of the signs required by this Section 106.02.11(e), “Map Amendments to the Zoning Ordinance, Public Notification Signage” or to otherwise strictly comply with the manner in which such signs are posted, shall not invalidate any public hearing or action taken by either the Commission or the Town Council relating to a request to amend the zoning regulations relating to the property.

106.02.12 ...... Text Amendments to the Zoning Ordinance (a) Purpose. The text of the Zoning Ordinance may be changed from time-to-time due to changes in market forces, new materials, or new best practices for issues relating to zoning. This section describes the process by which the Zoning Ordinance text may be changed.

(b) Authority. Any person or corporation having a legal or equitable ownership interest in any real property located in the Town may petition the Town Council for a text amendment to the provisions of this zoning ordinance, or the Planning and Zoning Commission may, on its own motion or on request from the Town Council, institute a study and proposal for changes or amendments that are in the public interest.

(c) Procedure and Approval. (1) Planning & Zoning Commission public hearing. The Commission shall hold a public hearing on any application for any text amendment or change prior to making its recommendations and report to the Town Council. The public noticing shall follow the same procedure detailed in Section 106.02.11(d)(3), “Notification prior to the Planning & Zoning Commission public hearing,” although no public notification signs need to be posted. (2) Planning & Zoning Commission recommendation. The Town Council shall not take action on a proposed zoning amendment without a recommendation from the Planning and Zoning Commission. (3) Town Council public hearing. A public hearing shall be held by the Town Council shall follow the same procedure detailed in Section 106.02.11(d)(5), “Town Council notification and approval” before adopting any proposed text amendment. (4) Town Council approval. The Town Council may, from time to time, amend, supplement, or change by Ordinance this zoning ordinance as provided by state law. (5) Scrivener error. A minor correction to the wording or spelling of the Zoning Ordinance text that does not in any way change the meaning of the ordinance may be brought to the Town Council without a public hearing or notification.

106.02.13 ...... Zoning Amendment Protest Procedure. (a) Purpose. (1) State law expressly enables the governing body of a municipality to establish procedures for adopting and enforcing zoning regulations and district boundaries. Pursuant to that authority, the Town Council enacts this Section 106.02.13(b), “Zoning Amendment Protest Procedure, Form of Protest” governing the receipt

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of written protests submitted for the purpose of requiring the favorable vote of three-fourths of all members of the Town Council to effect a change in a zoning district classification or boundary. (2) This Section 106.02.13(b), “Zoning Amendment Protest Procedure, Form of Protest” is not intended to conflict with state law; it is being enacted at a time when the state law does not explicitly provide how, when, or where a written protest must be filed. The Town Council expressly recognizes that this Section 106.02.13(b) may be partially or completely preempted at any such time that state law is amended to explicitly provide how, when, or where a written protest must be filed. (3) This Section 106.02.13(b), “Zoning Amendment Protest Procedure, Form of Protest” is intended to accomplish the following listed objectives that, in the opinion of the Town Council, are fully in keeping with the purposes, spirit, and intent of the state law: i. To allow Town staff sufficient time to accurately calculate the land area percentages that determines the voting requirement; ii. To protect the rights of all parties by establishing minimum criteria to ensure the reliability of written protests received; iii. To protect the rights of those protesting by establishing procedures and deadlines which are not unduly burdensome or restrictive; and iv. To promote order and maintain the integrity of the zoning process.

(b) Form of Protest. (1) A protest must be in writing submitted on a form prepared by the Town Secretary and, at a minimum, contain the following information: i. A description of the zoning case at issue; ii. The printed or typewritten names of all persons signing the protest of the proposed change in zoning district classification or boundary; iii. A description of the area of lots or land owned by the protesting parties that is either covered by the proposed change or located within 200 feet of the area covered by the proposed change; iv. The mailing addresses of all persons signing the protest; v. The date and time the protest is signed; and vi. If signing the protest on behalf of the owner of property pursuant to a power of attorney, so indicate on the protest and submit a copy of the power of attorney with the protest. (2) The protest must bear the original signatures of all persons required to sign under Section 106.02.13(c), “Zoning Amendment Protest Procedure, Appropriate Signers” below. (3) Simply returning the written notice provided to a property owner pursuant to Section 106.02.11(d)(3), Notification prior to the Planning and Zoning Commission public hearing” shall not constitute a written protest pursuant to this Section 106.02.13(b), “Form of Protest.”

(c) Appropriate Signers. (1) A protest must be signed by the owner of the property in question, or by a person authorized by power of attorney to sign the protest on behalf of the owner. If the property is owned by two or more people, the protest must be signed by a majority of the owners, or by a person authorized by power of attorney to sign the protest on behalf of a majority of the owners, except that in the case of community property, the Town shall presume the written protest of one spouse to be the protest of both. (2) In the case of property owned by a corporation, the protest must be signed by the president, a vice- president, or by an attorney in fact authorized to sign the protest on behalf of the corporation. In the case of property owned by a general or limited partnership, the protest must be signed by a general partner or by an attorney in fact authorized to sign the protest on behalf of the partnership. In the case of property owned by a trust, the protest must be signed by the trustee(s) authorized under the trust agreement to perform actions with respect to the property. (3) Lots or land subject to condominium ownership are presumed to be commonly owned in undivided interests by the owners of all condominium units and under the control of the governing body of the condominium. For such lots or land to be included in calculating the lots or land area protesting a proposed rezoning, the

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written protest must state that the governing body of the condominium has authorized a protest in accordance with procedures required by its bylaws, and that the person signing the protest is authorized to act on behalf of the governing body of the condominium. A written protest signed by the owner of an individual condominium unit shall not be accepted unless the filing party produces legal documents governing the condominium which clearly establish the right of an individual owner to act with respect to his or her respective undivided interest in the common elements of the condominium. (4) For purposes of this subsection, the "owner" of the property for which a protest is being submitted shall be determined to be the owner of the property shown in the records of the Denton Central Appraisal District as of the date of delivery of the protest to the Town Secretary. A person with only a leasehold or easement interest in property is not an "owner" for purposes of filing a protest pursuant to this subsection. (5) A person who is not named on the records of the Denton Central Appraisal District as the owner of the property may submit additional information to the Town attorney indicating that the person is the current record owner of the property identified in the protest. The determination of the Town attorney as to the sufficiency of such information and whether or not the person should be considered the record owner of the property for purpose of filing the protest is final. Any additional information submitted pursuant to this paragraph (c) must be submitted by the deadline required for submission of the protest.

(d) Filing Deadline. (1) A written protest must be filed with the Town Secretary before noon of the business day immediately preceding the date advertised for the Planning & Zoning Commission or Town Council public hearing in the statutory notice published in the official newspaper of the Town. A protest sent through the mail must be received by the Town Secretary before the deadline. (2) Before the public hearing on the case, the filing deadline is automatically extended whenever the public hearing is re-advertised in the official newspaper of the Town pursuant to statutory notice requirements. (3) After the public hearing has begun, and i. The public hearing is concluded with no action being taken on the zoning amendment at the same meeting and a subsequent public hearing and advertising that public hearing in the official newspaper of the Town pursuant to statutory notice requirements; or ii. The public hearing is continued to a date certain as otherwise allowed under the Texas Open Meetings Act; iii. The filing deadline may be extended to noon of the working day immediately preceding the newly advertised public hearing date or the date to which the public hearing is continued, as the case may be. (4) Written protests may be filed electronically by emailing the written protest as an attachment in .pdf or similar format to the Town Secretary or by sending via facsimile transmission to the published facsimile telephone number for the office of the Town Secretary. (5) For purposes of determining compliance with the filing deadline, the date and time the Town Secretary's office actually receives the written protest is solely determinative.

(e) Withdrawals of Filed Protests. Withdrawals of protests filed must be in writing and filed with the Town secretary before the filing deadline for protests. The provisions of this subsection governing the form and filing of protests apply equally to withdrawals.

(f) Presumptions of Validity. (1) In all cases where a protest has been properly signed pursuant to this subsection, the Town shall presume that the signatures appearing on the protest are authentic and that the persons or officers whose signatures appear on the protest are either owners of the property or authorized to sign on behalf of one or more owners as represented. (2) In cases of multiple ownership, the Town shall presume that a properly signed protest which on its face purports to represent a majority of the property owners does in fact represent a majority of the property owners.

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(3) The presumptions in subparagraphs (1) and (2) above are rebuttable, and the Town attorney may advise the Town Council that a presumption should not be followed in a specific case based on extrinsic evidence presented.

(g) Conflicting Instruments. In the event that multiple protests and withdrawals are filed on behalf of the same owner, the instrument with the latest date and time execution controls.

106.02.14 ...... Conceptual Plan Approval. (a) Purpose. The purpose of a conceptual plan is to promote safe, efficient and harmonious use of land through application of Town-adopted design standards and guidelines; protect and enhance the Town’s environmental and aesthetic quality; ensure adequate public facilities to serve development; prevent or mitigate adverse development impacts; aid the evaluation and coordination of land subdivision; and promote the public health, safety, and welfare.

(b) Applicability. A conceptual plan shall be required for all planned development districts.

(c) Conceptual Plan Format and Submission Requirements. The conceptual plan submission shall be comprised of the items set forth in the conceptual plan checklist, available online, and any additional information/materials, such as plans, maps, or exhibits as deemed necessary by the Director in order to ensure that the planned development request is understood and regulations have been met.

(d) Official Submission Date and Completeness of Application. (1) A conceptual plan is considered filed on the date the applicant delivers the conceptual plan to the Town. (2) The Town shall consider the approval, disapproval, or conditional approval of a conceptual plan application solely on the basis of any regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect at the time. (3) A conceptual plan application expires two (2) years after the date the conceptual plan application is received if no further action has been taken.

(e) Principles and Standards for Conceptual Plan Review and Evaluation. The following criteria have been set forth as a guide for evaluating the adequacy of proposed development within the Town, and to ensure that all developments are, to the best extent possible, constructed according to the Town’s codes and ordinances: (1) The plan is in compliance with all provisions of the Zoning Ordinance, the Comprehensive Plan, the Thoroughfare Plan, and other applicable ordinances of the Town of Little Elm. (2) The impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood. (3) The relationship of the development to adjacent uses in terms of harmonious design, facade treatment, setbacks, building materials, maintenance of property values, and any possible negative impacts. (4) The provision of a safe and efficient vehicular and pedestrian circulation system. (5) The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged. (6) The sufficient width, suitable grade, and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings. (7) The coordination of streets so as to arrange a convenient system consistent with the Thoroughfare Plan of the Town of Little Elm. (8) The use of landscaping and screening to provide adequate buffers to shield light, noise, movement, or activities from adjacent properties when necessary, and to complement and integrate the design and location of buildings into the overall site design. (9) Sufficient exterior lighting is provided to ensure safe movement and for security purposes, which shall be arranged so as to minimize glare and reflection upon adjacent properties.

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(10) The location, size, accessibility, and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses. (11) Protection and conservation of soils from erosion by wind or water or from excavation or grading. (12) Protection and conservation of watercourses and areas subject to flooding. (13) The adequacy of water, drainage, sewerage facilities, solid waste disposal, and other utilities necessary for essential services to residents and occupants.

106.02.15 ...... Site Plan Approval (a) Purpose. The purpose of a site plan is to promote safe, efficient and harmonious use of land through application of Town-adopted design standards and guidelines; protect and enhance the Town’s environmental and aesthetic quality; ensure adequate public facilities to serve development; prevent or mitigate adverse development impacts; aid the evaluation and coordination of land subdivision; and promote the public health, safety, and welfare.

(b) Applicability. Site plan review is required for non-residential development, multi-family development having four (4) or more dwelling units, mobile home parks, parking lot reconstruction and reconfiguration, non-public agricultural buildings, and residential accessory structures (see Section 106.05.021 for size requirements), and as otherwise required by the Director. Site plan approval is required prior to issuance of a building permit in order to ensure compliance with all provisions of the Zoning Ordinance, the Comprehensive Plan, the Thoroughfare Plan, and other applicable ordinances of the Town of Little Elm.

(c) Site Plan Format and Submission Requirements. The site plan submission shall be comprised of the items set forth in the site plan checklist, available online, and any additional information/materials, such as plans, maps, or exhibits as deemed necessary by the Director in order to ensure that the request is understood and regulations have been met.

(d) Official Submittal Date and Completeness of Application. A site plan is considered filed on the date the applicant delivers the application and exhibits to the Town, either in person or by electronic transfer.

(e) Approval. Site plans are administratively approved by the Director. Any significant substitution or material alteration to an approved site plan may require Town Council review and approval, as determined by the Director. (1) Site plan approval is revocable if it is determined that the conditions of the approval have not been met or if the plan contains or is based upon incorrect, fraudulent, or misrepresented information. (2) Site plans expire twenty-four (24) months after approval if an associated building permit application has not been submitted, reviewed, and approved. (3) Staff shall consider the approval, disapproval, or conditional approval of a site plan application solely on the basis of any regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect at the time.

(f) Expedited Approval. Should an applicant desire expedited review, a fee shall be charged in addition to the usual site plan fee. This fee ensures that staff will review and return comments within three (3) business days from receipt of the application or revisions. The expedited process does not ensure approval.

106.02.16 ...... Conditional Use Permit Approval. (a) Purpose of a Conditional Use Permit. The purpose of a conditional use permit is to allow certain land uses so long as the applicant/use meets specific stated requirements.

(b) Applicability. Land uses subject to specific conditions for approval are marked in the Schedule of Uses with a “C.” Explanatory notes are set forth in Section 106.05.02, “Special Regulations for Specific Permanent Land Uses” and Section 106.05.03, “Special Regulations for Specific Temporary Land Uses.”

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(c) Criteria for Approval. Approvals shall be granted once the applicant has shown that the criteria for approval has been met.

(d) Approval. Conditional Use Permits are administratively approved by the Director.

(e) Expedited Approval. Should an applicant desire expedited review, a fee shall be charged in addition to the usual Conditional Use Permit fee. This fee ensures that staff will review and return comments within three (3) business days from receipt of the application or revisions. The expedited process does not ensure approval.

106.02.17 ...... Specific Use Permit Approval. (a) Purpose. A Specific Use Permit (SUP) is a permanent zoning change and as such, the Town Council has considerable discretion on approving, denying, or modifying such a request. The purpose of an SUP is to add or modify specific land use rights to those already granted within a zoning district. Approvals shall consider the intensity of the proposed use within the context of the proposed location for compatibility, traffic generated, noise, and other issues determined by the Director to be pertinent to the case. Since zoning “runs with the land” and not the proposed use, thoughtful consideration should be exercised in approving an SUP since it will remain as part of the Official Zoning Map even should the use for which the SUP was sought has ceased operation.

(b) Applicability. Land uses subject to approval of a Specific Use Permit are marked in the Schedule of Uses with a “S.” Explanatory notes are set forth in Section 106.05.02, “Special Regulations for Specific Permanent Land Uses.”

(c) Procedure and Approval. (1) Planning & Zoning Commission public hearing. The Commission must hold a public hearing on any SUP application prior to making its recommendations and report to the Town Council. The public noticing must follow the same procedure detailed in Section 106.02.11(d)(3), “Map Amendment to the Zoning Ordinance, Procedure and Approval.” (2) Commission recommendation. The Town Council shall not take action on a proposed Specific Use Permit request without a recommendation from the Planning and Zoning Commission. (3) Town Council public hearing. A public hearing must be held by the Town Council shall follow the same procedure detailed in Section 106.02.11(d)(5), “Map Amendment to the Zoning Ordinance, Procedure and Approval” before approving any SUP. (4) Town Council approval. The Town Council is authorized to approve, deny or modify Specific Use Permit requests. (5) Town Council discretion. The Town Council may impose such additional development standards and safeguards as the conditions and locations indicate important to the welfare and protection of adjacent property from noise, vibration, dust, dirt, smoke, fumes, odor, gas, explosion, glare, offensive view, or other undesirable or hazardous conditions.

(d) Zoning Map. All Specific Use Permits approved in accordance with the provisions of this Chapter in its original form or as hereafter amended shall be referenced on the Official Zoning Map. (Ord. No. 226, § 10, 10-20-1986)

(e) Termination of Specific Use Permits. (1) If new construction is required to comply with a Specific Use Permit or to be able to use property for the use for which a Specific Use Permit is granted, a building permit for the property described in the Specific Use Permit must be obtained from the Town not later than six (6) months after the effective date of the ordinance granting the Specific Use Permit provided; however, the Director may authorize one (1) or more extensions of such deadline for a period totaling not more than one (1) additional year after the original deadline. A Specific Use Permit and the ordinance granting same shall terminate and be of no further effect if: i. A required building permit has not been issued within the timeframe required by this section, or

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ii. A building permit has been issued but has subsequently expired. (2) If no new construction is required to comply with a Specific Use Permit or to make the property usable for the use for which a Specific Use Permit is granted, the Specific Use Permit and the ordinance granting same shall expire and be of no further effect if a Certificate of Occupancy is not obtained and use of the property for which the Specific Use Permit granted has not commenced within six (6) months after the effective date of the ordinance granting the Specific Use Permit unless such ordinance grants a longer period of time to commence such use. (3) If for a period of 180 days a building or property subject to a Specific Use Permit is vacated, or if a building or property, though still occupied, is not being used for the purpose for which the Specific Use Permit was granted, the SUP shall terminate and the use of the building or property described in the Specific Use Permit shall thereafter conform to the regulations of the original zoning district of such property unless a new and separate Specific Use Permit is granted for continuation of the use for which the original Specific Use Permit was granted. (4) Should a Specific Use Permit be terminated, the Official Zoning Map shall be amended by staff to reflect this change without the necessity of a public hearing.

106.02.18 ...... Building Permits and Certificates of Occupancy (a) Building Permits. (1) Applicability. No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefore issued by the Town’s Building Official authorized to issue the same. No building permit shall be issued except in conformity with the provisions of this Chapter and all applicable building codes of the Town. (2) Town and Extraterritorial Jurisdiction. Building permits are required within the Town limits and on all property within the Town’s Extraterritorial Jurisdiction (ETJ) that was platted through the Town. (3) Site Plan required. No building permit shall be issued for the construction of a building or buildings upon any tract or plot unless the tract is a lot of record and the structure has been reviewed and approved through the site plan process, unless otherwise declared eligible by the Director or the Town’s Building Official. (4) Approval. Building permits are approved by the Town’s Building Official following review and approval of applicable department staff. (5) Expedited approval. Should an applicant desire expedited review, a fee shall be charged in addition to the Building Permit fee. This fee ensures that staff will review and return comments within three (3) business days from receipt of the application or revisions. The expedited process does not ensure approval.

(b) Certificate of Occupancy. (1) Applicability. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefore by the Director stating that the proposed use of the building or land conforms to the requirements of this Chapter. (2) Non-conforming structures. No nonconforming structure or use shall be maintained, renewed, changed or extended until a certificate of occupancy shall have been issued by the Building Official. (3) Conformance with Zoning Ordinance. No permit for erection, alteration, moving or repair of any building shall be issued until an application has been made for a certificate of occupancy and the certificate shall be issued in conformity with the provisions of this Chapter upon completion of the work. (4) Retention and public access. The Director shall maintain a record of all certificates of occupancy, and copies shall be furnished upon request to any person. (5) Penalty for operating without a CO. Failure to obtain a certificate of occupancy shall be a violation of this Chapter and punishable under Section 106.01.11, “Penalties and Enforcement.” (6) Approval. Certificates of occupancy and temporary certificates of occupancy are approved by the Town’s Building Official following review and approval of applicable department staff. (7) Temporary approval. A temporary certificate of occupancy may be issued by the Director for a period not

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exceeding six (6) months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public. (8) Expedited approval. Should an applicant desire expedited review, a fee shall be charged in addition to the usual Certificate of Occupancy fee. This fee ensures that staff will review and return comments within three (3) business days from receipt of the application or revisions. The expedited process does not ensure approval.

106.02.19 ...... Complaints Whenever a violation of this Chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Director. He shall record properly such complaint, immediately investigate, and take action thereon as provided by this Chapter. (Ord. No. 226, § 20, 10-20- 1986)

106.02.20 to 106.02.30 ...... Reserved

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ARTICLE III – ZONING DISTRICTS

106.03.01 ...... Established Districts. (a) The established zoning districts in the Town of Little Elm are as follows:

ARTICLE III, TABLE A - CURRENT ZONING DISTRICTS AND REGULATIONS Zoning Ordinance Section Zoning Classification Zoning Description 106.03.02 (a) A-1 Single Family A-1 District 106.03.02 (b) A-2 Single Family A-2 District 106.03.02 (c) SF-RE Single Family Ranchette Estate District 106.03.02 (d) SF-1 Single Family 1 District 106.03.02 (e) SF-2 Single Family 2 District 106.03.02 (f) SF-3 Single Family 3 District 106.03.02 (g) SF-4 Single Family 4 District 106.03.02 (h) SF-X Single Family Mixed Size District 106.03.02 (i) D Duplex District 106.03.02 (j) TH Townhome District 106.03.02(k) PH Patio Home 106.03.02 (l) MF Multi-Family District 106.03.02 (m) MH-1 Manufactured Home District 106.03.03(a) AG Agricultural District 106.03.03 (b) O Office District 106.03.03 (c) NS Neighborhood Services District 106.03.03 (d) CF Community Facilities District 106.03.03 (e) LC Light Commercial District 106.03.03 (f) HC Heavy Commercial District 106.03.03 (g) LI Light Industrial District 106.03.03 (h) HI Heavy Industrial District 106.03.04 (a) 380 OD 380 Overlay District 106.03.04 (b) LF Lakefront Overlay District

(b) Non-Residential Development Standards Comparison. ARTICLE III, TABLE B COMPARISON OF NON-RESIDENTIAL DEVELOPMENT STANDARDS AG O NS CF LC HC LF LI HI

Non-Residential

Zoning ont Districts r

Light Light Light

Office

Heavy

Heavy

Services

Facilities

Industrial

Industrial

Lakef

Community

Agricultural

Commercial Commercial

Neighborhood

Max. Height (feet) 35 60 60 60 60 60 60 60

Min. Front Yard (feet) 45 20 20 25 20 20 20 20 Max. Front Yard (feet - 100 100 100 100 100 100 100 Min. Side Yard (feet) 20 - - 15 - - - - Min. Side Yard Adjacent to Residential (feet) 28 5 5 25 5 5 20 20 Min. Rear Yard (feet) 30 - - 25 - - - - Min. Rear Yard Adjacent to Residential (feet) 30 35 35 35 35 35 40 40

Min. Lot Width (feet) 60 50 50 - 50 50 SectionSee 106.04.02 - - Min. Lot Area (acres) 5 1 1 1 1 1 1 1

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(c) Residential Development Standards Comparison. ARTICLE III, TABLE C COMPARISON OF RESIDENTIAL DEVELOPMENT STANDARDS SF-RE SF-1 SF-2 SF-3 SF-4 A-1 A-2 SF-X TH PH MH-1 D MF

ix

M

e

e Residential

m

m

Estate

Zoning o

Family

Family 1 Family 2 Family 3 Family 4

-

Districts - - - - Family A1 Family A2

Family

- -

- Duplex

Townho

Patio H Patio

Multi

Home District

Manufactured

Single Single Single Single

Single Single

Ranchette

Single

Max Height (feet) 35 35 35 35 35 35 35 35 45 45 35 35 45 Min. Front Yard (feet) 40 25 25 25 25 25 25 20 64 61 25 25 25 Min. Side Yard (feet) 20 10 10 6 6 10 10 6 55 Var6 6 10 15 Min. Side Yard on Corner (feet) 28 25 25 28 28 28 28 28 15 15 28 28 20 Min. Rear Yard (feet) 30 20 20 20 20 20 20 20 20 20 20 20 30 Min. Lot Width (feet) 120 60 60 60 60 80 60 Var1 25 35 60 60 70 Min. Lot Area (square feet) 1 acre 10K 8K 7K 6K 10K 6K Var2 - - 6K 10K7 - Min. Floor Area (square feet) 2400 2000 1600 1400 1200 1500 1000 Var3 - - 1000 7008 Var9 Min. Garage Spaces 2 2 2 2 2 2 2 2 2 2 Min. Additional Spaces 2 2 2 2 2 2 2 2 0.3 0.5 Note 1 – SF-X, Minimum lot width: smallest lot = 60 feet; medium lot = 75 feet; largest lot = 90 feet Note 2 – SF-X, Minimum lot area: smallest lot = 10K; medium lot = ½ acre; largest lot = 1 acre Note 3 – SF-X, Minimum floor area: smallest lot = 1,800; medium lot = 2,000; largest lot = 2,400 Note 4 – TH and PH, Maximum front yard setback for townhomes and patio homes is 12 feet. Note 5 – TH, Minimum side yard for groups of 3-6 townhomes is 5 feet Note 6 – PH, Flexible side yards, but must add up to minimum 10 feet Note 7 – D, Minimum lot area with sewer service; without sewer service, minimum lot size is 1 acre. Note 8 – D, Minimum square footage per family Note 9 – MF, Minimum square footage: one bedroom = 650; two bedroom = 800; three bedroom = 1000; each additional bedroom = add 200/bedroom

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106.03.02 ...... Zoning Districts – Residential. (a) A-1 Single-Family District. (1) Use regulations. No building, structure, land or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in Section 106.05.01(a), “Schedule of Uses - Residential.” (2) Height and area regulations. The height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot, shall be as follows: ARTICLE III, TABLE D A-1 SINGLE-FAMILY RESIDENTIAL DEVELOPMENT STANDARDS Maximum Height 35’ Minimum Front Yard Setback 25’ Minimum Side Yard Setback 10’ Minimum Side Yard Setback on corner1 28’ Minimum Rear Yard Setback 20’ Minimum Lot Width (at building line)2 80’ Minimum Lot Area 10,000 sq. ft. Minimum Floor Area3 1,500 sq. ft. Note 1. Where interior lots have been planned or sold fronting on the side street, may project not more than ten feet in front of the line established for buildings by the front yard requirements for the interior lots on the side street, provided this regulation shall not be interpreted to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this Chapter, to less than 28 feet, and provided that the side yard regulations above shall be observed. Note 2. The minimum width of a lot shall be measured at the front building line provided that where a lot has less width than herein required, in separate ownership at the time of the passage of this Chapter, this regulation will not prohibit the erection of a one-family dwelling. Lots bordering streets on curves or contours shall be 80 feet in width at the building line. Note 3. Each dwelling unit hereafter erected, constructed, reconstructed or altered in said A-1 Single-Family District shall have a floor area, excluding basements, open and screened porches and garages, of not less than 1,500 square feet.

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(b) A-2 Single-Family District. (1) Use regulations. No building, structure, land or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in Section 106.05.01(a), “Schedule of Uses - Residential.” (2) Height and area regulations. The height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot, shall be as follows: ARTICLE III, TABLE E A-2 SINGLE-FAMILY RESIDENTIAL DEVELOPMENT STANDARDS Maximum Height 35’ Minimum Front Yard Setback 25’ Minimum Side Yard Setback 10’ Minimum Side Yard Setback on corner1 28’ Minimum Rear Yard Setback 20’ Minimum Lot Width (at building line)2 60’ Minimum Lot Area 6,000 sq. ft. Minimum Lot Area (no public sewer) 1 acre Minimum Floor Area3 1,000 sq. ft. Note 1. Where interior lots have been planned or sold fronting on the side street, may project not more than ten feet in front of the line established for buildings by the front yard requirements for the interior lots on the side street, provided this regulation shall not be interpreted to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this Chapter, to less than 28 feet, and provided that the side yard regulations above shall be observed. Note 2. The minimum width of a lot shall be measured at the front building line provided that where a lot has less width than herein required, in separate ownership at the time of the passage of this Chapter, this regulation will not prohibit the erection of a one-family dwelling. Lots bordering streets on curves or contours shall be 60 feet in width at the building line. Note 3. Each dwelling unit hereafter erected, constructed, reconstructed or altered in said A-2 Single-Family District shall have a floor area, excluding basements, open and screened porches and garages, of not less than 1,000 square feet.

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(c) SF-RE Single-Family Ranchette Estate District. (1) Purpose. The purpose of the SF-RE Single-Family Ranchette Estates District is to allow single-family detached dwellings on lots of not less than one (1) acre per family, together with allowed incidental and accessory uses. (2) Application. Lots in a subdivision or plat legally approved and properly recorded in Denton County prior to the effective date of Ordinance No. 427 which do not meet the minimum lot sizes and area requirements set forth in this section shall not be considered to be in violation of said requirements and, for purposes of this section, shall be deemed to conform to the requirements set forth in this section. (3) Use regulations. No building, structure, land or premises shall be used, and no building or structure shall hereafter be erected, constructed, reconstructed, installed, or altered, except for one or more of the uses specified in Section 106.05.01(a), “Schedule of Uses - Residential.” (4) Accessory buildings. The following accessory buildings or shall be permitted as accessory to the principal structure or use within the SF-RE Single-Family Ranchette Estates District in accordance with the following: i. If the SF-RE parcel is three acres or greater, accessory uses may also include all agricultural/farm buildings including, but not limited to, a stable, barn, pen, corral, kennel, greenhouse, or coop. ii. When allowed, agriculture-related accessory structures shall be made of masonry materials, wood, or cementitious fiber board and are not required to meet the maximum square footage requirements as referenced in Section 106.05.01(a), “Schedule of Uses - Residential.” iii. The minimum setback from any property line for any accessory agricultural/farm structure shall be twenty-five (25) feet. (5) Height and area regulations. Height and area regulations. The height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot, shall be as follows: ARTICLE III, TABLE F SF-RE SINGLE-FAMILY RANCHETTE ESTATE DEVELOPMENT STANDARDS Maximum Height 35’ Minimum Front Yard Setback 40’ Minimum Side Yard Setback 20’ Minimum Side Yard Setback on corner1 28’ Minimum Rear Yard Setback 30’ Minimum Lot Width (at building line)2 120’ Minimum Lot Area 1 acre Minimum Floor Area3 2,400 sq. ft. Minimum number of garage spaces4 2 Minimum number of drive spaces 2 Note 1. Where interior lots have been planned or sold fronting on the side street, may project not more than ten feet in front of the line established for buildings by the front yard requirements for the interior lots on the side street, provided this regulation shall not be interpreted to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this Chapter, to less than 28 feet, and provided that the side yard regulations above shall be observed. Note 2. The minimum width of a lot shall be measured at the front building line provided that where a lot has less width than herein required, in separate ownership at the time of the passage of this Chapter, this regulation will not prohibit the erection of a single-family dwelling. Lots bordering streets on curves or contours shall be 120 feet in width at the building line. Note 3. Each dwelling unit hereafter erected, constructed, reconstructed or altered in said SF-RE Single-Family Ranchette Estate District shall have a floor area, excluding basements, open and screened porches and garages, of not less than 2,400 square feet. Note 4. Garages may not be used for living quarters unless 2 other enclosed parking spaces are provided on the lot. (Ord. No. 817, § 2, 2-6-2007; Ord. No. 872, § 2, 12-4-2007; Ord. No. 889, § 2, 4-1-2008; Ord. No. 958, § 3, 6-16-2009) Little Elm Zoning Ordinance – ARTICLE III, ZONING DISTRICTS Page 53

(d) SF-1 Single-Family District. (1) Purpose. The purpose of the SF-1 Single Family District is to allow single family detached dwellings on lots of (2) Uses regulations. No building, structure, land or premises shall be used, and no building or structure shall hereafter be erected, constructed, reconstructed, installed, or altered, except for one or more of the uses specified in Section 106.05.01(a), “Schedule of Uses - Residential.” (3) Height and area regulations. The height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot, shall be as follows: ARTICLE III, TABLE G SF-1 SINGLE-FAMILY DISTRICT DEVELOPMENT STANDARDS Maximum Height 35’ Minimum Front Yard Setback 25’ Minimum Side Yard Setback 10’ Minimum Side Yard Setback on corner1 25’ Minimum Rear Yard Setback 20’ Minimum Lot Width (at building line)2 60’ Minimum Lot Area 10,000 sq. ft. Minimum Floor Area3 2,000 sq. ft. Minimum number of garage spaces4 2 Minimum number of drive spaces 2 Note 1. Where interior lots have been planned or sold fronting on the side street, may project not more than ten feet in front of the line established for buildings by the front yard requirements for the interior lots on the side street, provided this regulation shall not be interpreted to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this Chapter, to less than 25 feet, and provided that the side yard regulations above shall be observed. Note 2. The minimum width of a lot shall be measured at the front building line provided that where a lot has less width than herein required, in separate ownership at the time of the passage of this Chapter, this regulation will not prohibit the erection of a single-family dwelling. Lots bordering streets on curves or contours shall be 60 feet in width at the building line. Note 3. Each dwelling unit hereafter erected, constructed, reconstructed or altered in said SF-1 Single-Family District shall have a floor area, excluding basements, open and screened porches and garages, of not less than 2,000 square feet. Note 4. Garages may not be used for living quarters unless 2 other enclosed parking spaces are provided on the lot.

(Ord. No. 226, § 8.22, 10-20-1986; Ord. No. 427, 11-16-1998; Ord. No. 481, § 1(A.2), 2-7-2000; Ord. No. 872, § 2, 12-4- 2007; Ord. No. 889, § 2, 4-1-2008)

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(e) SF-2 Single-Family District. (1) Purpose. The purpose of the SF-2 Single-Family District is to allow single-family detached dwellings on lots of not less than 8,000 square feet, together with allowed incidental and accessory uses. (2) Use regulations. No building, structure, land or premises shall be used, and no building or structure shall hereafter be erected, constructed, reconstructed, installed, or altered, except for one or more of the uses specified in Section 106.05.01(a), “Schedule of Uses - Residential.” (3) Height and area regulations. The height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot, shall be as follows: ARTICLE III, TABLE H SF-2 SINGLE-FAMILY DISTRICT DEVELOPMENT STANDARDS Maximum Height 35’ Minimum Front Yard Setback 25’ Minimum Side Yard Setback 10’ Minimum Side Yard Setback on corner1 25’ Minimum Rear Yard Setback 20’ Minimum Lot Width (at building line)2 60’ Minimum Lot Area 8,000 sq. ft. Minimum Floor Area3 1,600 sq. ft. Minimum number of garage spaces4 2 Minimum number of drive spaces 2 Note 1. Where interior lots have been planned or sold fronting on the side street, may project not more than ten feet in front of the line established for buildings by the front yard requirements for the interior lots on the side street, provided this regulation shall not be interpreted to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this Chapter, to less than 25 feet, and provided that the side yard regulations above shall be observed. Note 2. The minimum width of a lot shall be measured at the front building line provided that where a lot has less width than herein required, in separate ownership at the time of the passage of this Chapter, this regulation will not prohibit the erection of a single-family dwelling. Lots bordering streets on curves or contours shall be 60 feet in width at the building line. Note 3. Each dwelling unit hereafter erected, constructed, reconstructed or altered in said SF-2 Single-Family District shall have a floor area, excluding basements, open and screened porches, and garages, of not less than 1,600 square feet. Note 4. Garages may not be used for living quarters unless 2 other enclosed parking spaces are provided on the lot.

(Ord. No. 226, § 8.23, 10-20-1986; Ord. No. 427, 11-16-1998; Ord. No. 481, § 1(A.3), 2-7-2000; Ord. No. 872, § 2, 12-4- 2007; Ord. No. 889, § 2, 4-1-2008)

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(f) SF-3 Single-Family District. (1) Purpose. The purpose of the SF-3 Single-Family District is to allow single-family detached dwellings on lots of not less than 7,000 square feet, together with allowed incidental and accessory uses. (2) Use regulations. No building, structure, land or premises shall be used, and no building or structure shall hereafter be erected, constructed, reconstructed, installed, or altered, except for one or more of the uses specified in Section 106.05.01(a), “Schedule of Uses - Residential.” (3) Height and area regulations. The height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot, shall be as follows: ARTICLE III, TABLE I SF-3 SINGLE-FAMILY DISTRICT DEVELOPMENT STANDARDS Maximum Height 35’ Minimum Front Yard Setback 25’ Minimum Side Yard Setback 6’ Minimum Side Yard Setback on corner1 28’ Minimum Rear Yard Setback 20’ Minimum Lot Width (at building line)2 60’ Minimum Lot Area 7,000 sq. ft. Minimum Floor Area3 1,400 sq. ft. Minimum number of garage spaces4 2 Minimum number of drive spaces 2 Note 1. Where interior lots have been planned or sold fronting on the side street, may project not more than ten feet in front of the line established for buildings by the front yard requirements for the interior lots on the side street, provided this regulation shall not be interpreted to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this Chapter, to less than 28 feet, and provided that the side yard regulations above shall be observed. Note 2. The minimum width of a lot shall be measured at the front building line provided that where a lot has less width than herein required, in separate ownership at the time of the passage of this Chapter, this regulation will not prohibit the erection of a single-family dwelling. Note 3. Each dwelling unit hereafter erected, constructed, reconstructed or altered in said SF-3 Single-Family District shall have a floor area, excluding basements, open and screened porches and garages, of not less than 1,400 square feet. Note 4. Garages may not be used for living quarters unless 2 other enclosed parking spaces are provided on the lot.

(Ord. No. 226, § 8.24, 10-20-1986; Ord. No. 427, 11-16-1998; Ord. No. 481, § 1(A.4), 2-7-2000; Ord. No. 872, § 2, 12-4- 2007; Ord. No. 889, § 2, 4-1-2008)

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(g) SF-4 Single-Family District. (1) Purpose. The purpose of the SF-4 Single-Family District is to allow single-family detached dwellings on lots of not less than 6,000 square feet, together with allowed incidental and accessory uses. (2) Use regulations. No building, structure, land or premises shall be used, and no building or structure shall hereafter be erected, constructed, reconstructed, installed, or altered, except for one or more of the uses specified in Section 106.05.01(a), “Schedule of Uses - Residential.” (3) Height and area regulations. The height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot, shall be as follows: ARTICLE III, TABLE J SF-4 SINGLE-FAMILY DISTRICT DEVELOPMENT STANDARDS Maximum Height 35’ Minimum Front Yard Setback 25’ Minimum Side Yard Setback 6’ Minimum Side Yard Setback on corner1 28’ Minimum Rear Yard Setback 20’ Minimum Lot Width (at building line)2 60’ Minimum Lot Area 6,000 sq. ft. Minimum Floor Area3 1,200 sq. ft. Minimum number of garage spaces4 2 Minimum number of drive spaces 2 Note 1. Where interior lots have been planned or sold fronting on the side street, may project not more than ten feet in front of the line established for buildings by the front yard requirements for the interior lots on the side street, provided this regulation shall not be interpreted to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this Chapter, to less than 28 feet, and provided that the side yard regulations above shall be observed. Note 2. The minimum width of a lot shall be measured at the front building line provided that where a lot has less width than herein required, in separate ownership at the time of the passage of this Chapter, this regulation will not prohibit the erection of a single-family dwelling. Note 3. Each dwelling unit hereafter erected, constructed, reconstructed or altered in said SF-4 Single-Family District shall have a floor area, excluding basements, open and screened porches and garages, of not less than 1,200 square feet. Note 4. Garages may not be used for living quarters unless 2 other enclosed parking spaces are provided on the lot.

(Ord. No. 226, § 8.25, 10-20-1986; Ord. No. 427, 11-16-1998; Ord. No. 481, § 1(A.5), 2-7-2000; Ord. No. 510, § 2, 12-5- 2000; Ord. No. 872, § 2, 12-4-2007; Ord. No. 889, § 2, 4-1-2008)

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(h) SF-X Single-Family Mixed Size District. (1) Purpose. The purpose of the SF-X Single-Family District is to allow a mix of relatively large single-family detached dwellings on lots that range from a minimum of 10,000 square feet to one (1) acre or more, together with allowed incidental and accessory uses. (2) Mix of lot sizes. A minimum of three (3) lots sizes, defined by lot width and overall lot area, shall be provided within the subdivision. (3) Minimum and maximum percentages. A minimum of twenty percent (20%) of the largest lot sizes shall be provided and a maximum of fifty percent (50%) of the smallest lot size may be provided. (4) Use regulations. No building, structure, land or premises shall be used, and no building or structure shall hereafter be erected, constructed, reconstructed, installed, or altered, except for one or more of the uses specified in Section 106.05.01(a), “Schedule of Uses - Residential.” (5) Height and area regulations. The height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot, shall be as follows: ARTICLE III, TABLE K SF-X SINGLE-FAMILY DISTRICT DEVELOPMENT STANDARDS Maximum Height 35’ Minimum Front Yard Setback 20’ Minimum Side Yard Setback 6’ Minimum Side Yard Setback on corner1 28’ Minimum Rear Yard Setback 20’ Minimum Lot Width (measured at building line)2 Smallest lot width (maximum of 50% of total number of lots) 60’ Medium lot width 75’ Largest lot width (minimum of 20% of the total number of lots) 90’ Minimum Lot Area Smallest lot area (maximum of 50% of total number of lots) 10,000 sq. ft. Medium lot area 14,520 sq. ft. or ⅓ acre Largest lot area (minimum of 20% of the total number of lots) 21,780 sq. ft. or ½ acre Minimum Floor Area2 Smallest lot area (maximum of 50% of total number of lots) 1,800 sq. ft. Medium lot area 2,000 sq. ft. Largest lot area (minimum of 20% of the total number of lots) 2,400 sq. ft. Minimum number of garage spaces3 2 Minimum number of drive spaces 2 Note 1. Where interior lots have been planned or sold fronting on the side street, may project not more than ten feet in front of the line established for buildings by the front yard requirements for the interior lots on the side street, provided this regulation shall not be interpreted to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this Chapter, to less than 28 feet, and provided that the side yard regulations above shall be observed. Note 2. The minimum width of a lot shall be measured at the front building line provided that where a lot has less width than herein required, in separate ownership at the time of the passage of this Chapter, this regulation will not prohibit the erection of a single-family dwelling. Note 3. Garages may not be used for living quarters unless 2 other enclosed parking spaces are provided on the lot.

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(i) D – Duplex Two-Family District. (1) Use regulations. No building, structure, land or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in Section 106.05.01(a), “Schedule of Uses - Residential.” (2) Separate utilities. All utilities shall be provided separately to each duplex such that each unit is individually metered. (3) Height and area regulations. The height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot shall be as follows: ARTICLE III, TABLE L D – DUPLEX TWO-FAMILY DISTRICT DEVELOPMENT STANDARDS Maximum Height 35’ Minimum Front Yard Setback 25’ Minimum Side Yard Setback 10’ Minimum Side Yard Setback on corner1 28’ Minimum Rear Yard Setback 20’ Minimum Lot Width (at building line)2 60’ Minimum Lot Area Per Family 2,500 sq. ft. Minimum Lot Area Per Family with no sewer 10,000 sq. ft. Minimum Floor Area Per Family3 700 sq. ft. Minimum number of garage spaces4 2 Minimum number of drive spaces 2 Note 1. Lot area per family. Every two-family dwelling unit hereafter erected, reconstructed, altered or enlarged shall provide a lot area of not less than 2,500 square feet per family; provided, however, that where a lot has less area than herein required and was of record and in separate ownership at the time of the passage of this Chapter, said lot may be occupied by not more than one family. In areas not served by sanitary sewer the minimum lot area per family shall be 10,000 square feet. Note 2. The minimum width of a lot shall be measured at the front building line provided that where a lot has less width than herein required, in separate ownership at the time of the passage of this Chapter, this regulation will not prohibit the erection of a single-family dwelling. Note 3. Floor area. Every two-family unit hereafter erected, constructed, reconstructed or altered shall have a floor area, excluding basements, open and screened porches and garages of not less than 700 square feet per each single-family dwelling unit. Note 4. Garages may not be used for living quarters unless 2 other enclosed parking spaces are provided on the lot.

(Ord. No. 226, § 8.5, 10-20-1986; Ord. No. 250, § 9, 9-19-1988; Ord. No. 889, § 2, 4-1-2008)

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(j) TH - Townhome District. (1) Site plan review required. All Townhome developments are subject to site plan review and approval by Director. The site plan shall show the typical layout of the townhome lot and an overall layout of the development. (2) Site plan approval. Deviations from the Townhome standards in this Chapter can be accomplished through the site plan process, subject to review and approval by the Planning and Zoning Commission and Town Council during public hearings. (3) Use regulations. No building, structure, land or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in Section 106.05.01(a), “Schedule of Uses - Residential.” (4) Minimum parking and garage access. All townhome developments shall provide rear entry off-street parking with a minimum two (2) car garage. Alleys servicing these developments shall be a minimum twelve (12) feet in width. (5) On-street parking. Parallel parking shall be provided along the curb in the right-of-way, but shall not count toward the minimum number of parking spaces required per unit. (6) Open space. Ten percent (10%) of the total Townhome development shall be dedicated as usable open space. This area shall be platted as common area (i.e. owned and maintained by the homeowners’ association - HOA); open space must be usable but may include up to fifty percent (50%) flood plain. Open space should be located to preserve existing trees. If not practical due to the natural restrictions of the tract of land, then one (1) large canopy tree and one (1) small ornamental tree for every 5,000 square feet of required open space shall be provided. (7) Minimum street widths and orientation. Streets adjacent to townhomes shall have a minimum sixty-two (62) foot right-of-way. All townhomes shall be platted on individual lots and require public street or public easement frontage, but shall not have both front and rear street frontage. (8) Front access from sidewalks. All buildings which have residential unit floor plates within six (6) feet of grade shall include a primary front door entrance into the unit which may be accessed from the sidewalk. (9) Front door entry. The front door entry shall be located a minimum of two (2) feet above the sidewalk elevation and include a minimum twenty-four (24) square foot stoop. If pre-empted by topographic conditions, the entry may be lowered in elevation, subject to approval of the Director. However, up to fifty percent (50%) of units may be ADA accessible from the sidewalk provided there is a metal fence separating the private area from the public sidewalk area. (10) Landscape buffer and screening. A ten (10) foot wide rear landscape buffer shall be provided and shall contain one (1) tree for every thirty (30) linear feet. When located in commercial zoning districts, masonry screen wall requirements and the ten (10) landscape buffer do not apply, unless backing against single- family residential, which requires eight (8) foot high masonry screen wall. (11) Window views. Units must also include windows which provide residents a view of the street or public access easement and sidewalk area. (12) Commercial Design Standards included. Any and all graphics from the 2009 Commercial Design Standards report not supported by textual technological limitations are hereby codified as supporting material by reference. (13) Front yard landscape zones. Three zones are required between back of curb and the building line, as described below: i. Streetscape Zone (1) - a minimum five (5) foot wide area adjacent to the back-of-curb for trees and street furniture, including a one (1) foot dismount strip. An urban tree in a tree well shall be provided for every twenty-five (25) linear feet in the Streetscape Zone. For every three (3) urban trees, a bike rack, trash receptacle, bench, lighted bollard, or other approved street furniture is required. ii. Sidewalk Zone (2) - a minimum six (6) foot wide clear sidewalk. iii. Landscape Zone (3) - a minimum six (6) foot landscape/patio area adjacent to the building). In order to differentiate the different zones (public v. private) of the sidewalk, townhome may construct a three (3) foot high wrought iron, masonry, or cast stone fence. Balcony and patio railings and fences shall be largely transparent and constructed of tempered glass, wrought iron or metal. Masonry

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columns may be used on patios provided that they are used as accents. Wood fences and railings and chain-link fencing are prohibited. (14) Rear yard setback landscaping. Within the rear building setback, one (1) urban tree is required. (15) Height and area regulations. The height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot shall be as follows: ARTICLE III, TABLE M TH – TOWNHOME DISTRICT DEVELOPMENT STANDARDS Maximum Height 45’ Minimum Front Yard Setback 6’ Maximum Front Yard Setback 12’ Minimum Side Yard Setback1 5’ Minimum Side Yard Setback on corner 15’ Minimum Rear Yard Setback 20’ Minimum Rear Fence Setback 5’ Minimum Lot Width (at building line) 25’ Minimum Lot Depth 100’ Maximum Block Length 600’ Minimum number of garage spaces per unit2 2 Number of other parking spaces per unit3 0.3 Note 1. The minimum side yard is five (5) feet between groups of three (3) to six (6) townhomes; side yard at corner is fifteen (15) feet, and requires all three Zones referenced in Section (13) above. Note 2. Garages may not be used for living quarters. Note 3. Other parking spaces (for guests or employees) may be located tandem to the garage parking spaces, in a separate parking lot, or on-street.

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(k) PH – Patio Home District. (1) Site plan review required. All patio home developments are subject to site plan review and approval by Director. The site plan shall show the layout of the typical patio home lot and an overall layout of the development. (2) Site plan approval. Deviations from the patio home standards in this Chapter can be accomplished through the site plan process, subject to review and approval by the Planning and Zoning Commission and Town Council during public hearings. (3) Definition. Patio homes are single family dwellings that are smaller in scale than typical residential homes, are located on a unique platted lot, and may have a zero lot line on one side of the building. If the zero lot line is chosen, or any side yard setback smaller than five (5) feet, no windows shall be placed on that side of the patio home. Windows, doors, patios and other features should be placed along the wider side yard setback to create a greater sense of open space. (4) Use regulations. No building, structure, land or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in Section 106.05.01(a), “Schedule of Uses - Residential.” (5) Minimum parking and garage access. All patio home developments shall provide rear entry off-street parking with a minimum two (2) car garage. Alleys servicing these developments shall be a minimum twelve (12) feet in width. (6) On-street parking. Parallel parking shall be provided along the curb in the right-of-way, but shall not count toward the minimum number of parking spaces required per unit. (7) Open space. Ten percent (10%) of the total patio home development shall be dedicated as usable open space. This area shall be platted as common area (i.e. owned and maintained by the homeowners’ association); open space must be usable but may include up to fifty percent (50%) flood plain. Open space should be located to preserve existing trees. If not practical due to the natural restrictions of the tract of land, then one (1) large canopy tree and one (1) small ornamental tree for every 5,000 square feet of required open space shall be provided. (8) Minimum street widths and orientation. Streets adjacent to townhomes shall have a minimum sixty-two (62) foot right-of-way. All patio home shall be individually platted and require public street or public easement frontage, but shall not have both front and rear street frontage. (9) Front access from sidewalks. All buildings which have residential unit floor plates within six (6) feet of grade shall include a primary front door entrance into the unit which may be accessed from the sidewalk. (10) Front door entry. The front door entry shall be located a minimum of two (2) feet above the sidewalk elevation and include a minimum twenty-four (24) square foot stoop. If pre-empted by topographic conditions, the entry may be lowered in elevation, subject to approval of the Director. However, up to fifty percent (50%) of units may be ADA accessible from the sidewalk provided there is a metal fence separating the private area from the public sidewalk area. (11) Landscape buffer and screening. A ten (10) foot wide rear landscape buffer shall be provided and shall contain one (1) tree for every thirty (30) linear feet. When located in commercial zoning districts, masonry screen wall requirements and the ten (10) landscape buffer do not apply, unless backing against single- family residential, which requires eight (8) foot high masonry screen wall. (12) Window views. Units must also include windows which provide residents a view of the street or public access easement and sidewalk area. (13) Residential architectural standards apply. Minimum masonry requirements, roof pitch, and design elements listed in Section 106.06.03 “Architectural Standards for Residential Structures.” (14) Front yard landscape zones. Three zones are required between back of curb and the building line, as described below: i. Streetscape Zone (1) - a minimum five (5) foot wide area adjacent to the back-of-curb for trees and street furniture, including a one (1) foot dismount strip. An urban tree in a tree well shall be provided for every twenty-five (25) linear feet in the Streetscape Zone. For every three (3) urban trees, a bike rack, trash receptacle, bench, lighted bollard, or other approved street furniture is required. ii. Sidewalk Zone (2) - a minimum six (6) foot wide clear sidewalk.

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iii. Landscape Zone (3) - a minimum six (6) foot landscape/patio area adjacent to the building). In order to differentiate the different zones (public v. private) of the sidewalk, townhome may construct a three (3) foot high wrought iron, masonry, or cast stone fence. Balcony and patio railings and fences shall be largely transparent and constructed of tempered glass, wrought iron or metal. Masonry columns may be used on patios provided that they are used as accents. Wood fences and railings and chain-link fencing are prohibited. (15) Rear yard landscaping. Within the rear building setback, one (1) urban tree is required. (16) Height and area regulations. The height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot shall be as follows: ARTICLE III, TABLE N PH – PATIO HOME DISTRICT DEVELOPMENT STANDARDS Maximum Height 45’ Minimum Front Yard Setback 6’ Maximum Front Yard Setback 12’ Minimum Total Side Yard Setback1 10’ Minimum Side Yard Setback on corner 15’ Minimum Rear Yard Setback 20’ Minimum Rear Fence Setback 5’ Minimum Lot Width (at building line) 35’ Minimum Lot Depth 100’ Maximum Block Length 600’ Minimum number of garage spaces per unit2 2 Minimum number of other spaces per unit3 0.5 Note 1. The minimum total side yard is ten (10) feet between each patio home. This may be split evenly (5/5), with a zero lot line (0/10) or any combination that adds to ten (10) feet; side yard at corner is fifteen (15) feet, and requires all three Zones referenced in Section (14) above. Note 2. Garages may not be used for living quarters. Note 3. Other parking spaces (for guests or employees) may be located tandem to the garage parking spaces, in a separate parking lot, or on-street.

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(l) MF – Multi-Family District. (1) Use regulations. No building, structure, land or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in Section 106.05.01(a), “Schedule of Uses - Residential.” (2) Accessory buildings and use. Accessory buildings and uses customarily incident to any of the above uses are permitted when not involving the conduct of business other than incidental to the residential use of such lot, including private and storage garages; provided, however, that such accessory buildings comply with Section 106.05.021, “Accessory Uses” and said accessory building shall not be used for commercial purposes. (The term "commercial purposes" shall include part-time businesses.) (3) Height and area regulations. The density, lot coverage, height of buildings, the minimum and maximum dimensions of lots and yards, and other development standards permitted shall be as follows: ARTICLE III, TABLE O MF – MULTI-FAMILY DISTRICT DEVELOPMENT STANDARDS Maximum Density per Acre 16 dwelling units Maximum Lot Coverage 40% Maximum Height1 45’ Minimum Front Yard Setback 25’ Minimum Side Yard between Buildings 15’ Minimum Side Yard adjacent to Street 20’ Minimum Rear Yard Setback 30’ Minimum Lot Width (at property line) 70’ Minimum Lot Width (on curve at building line) 70’ Minimum Number of Bedrooms per Unit 1 Minimum Floor Area Per Bedroom:2 One Bedroom Unit 650 sq. ft. Two Bedroom Unit 800 sq. ft. Three Bedroom Unit 1,000 sq. ft. Each Additional Bedroom over Three 200 sq. ft. Note 1. The height of any apartment building erected on a lot adjacent to single-family residential uses or zoning shall be limited to one (1) story for a distance of 150 feet from the single-family district boundary, inclusive of streets and/or highways. Note 2. Floor area. Every multifamily unit hereafter erected, constructed, reconstructed or altered shall have a floor area, excluding basements, open and screened porches, patios, and balconies of not less than specified above. (4) Courts. Where an apartment building is erected so as to create inner courts, the faces of all opposite walls in such courts shall be a minimum distance of thirty (30) feet apart and no balcony or canopy shall extend into such court area for a distance greater than five feet. (5) Lighting. Lighting shall be designed and used to discourage crime and undesirable activity and to provide adequate vision, comfort and safety. It should use the lowest possible illumination to effectively allow surveillance. Open-air parking lot lighting shall be designed to provide for uniform lighting throughout the facility with no dark patches or pockets. The use of sensor technologies, timers or other means to activate lighting during the night may be used to conserve energy, provide safety, and promote compatibility between different land uses. In order to direct light downward and minimize the amount of light spill into the dark night sky, lighting fixtures shall be full cut-off fixtures. Open-air parking lot lighting shall not cause direct illumination on adjacent and nearby properties or streets. Fixtures should be of a type or adequately shielded so as to prevent glare from normal viewing angles. All lighting shall conform to this Chapter. (6) Screening, fences, gates and stacking. The entire site shall be screened from view on three (3) sides from persons standing at ground level on the site or immediately adjoining property, by a masonry wall (minimum eight (8) feet in height). A wall not more than eight feet in height shall be erected in the front yard that is of at least fifty percent (50%) black tubular steel or decorative metal. It is also mandatory for all apartments to be gated communities. Each gate shall be in proper working order at all times. In addition, there shall be

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a minimum stacking area for four (4) vehicles at each gate. (7) Balconies/patios. When an apartment building is erected so as to create balconies or patios facing a public street such balconies shall not extend beyond the building line. (8) Refuse facilities. Complexes shall provide sufficient refuse facilities, subject to discretionary review and approval by the Director and screened in compliance with the zoning ordinance. (9) Mechanical equipment. Mechanical equipment shall be constructed, located and screened so as not to interfere with the peace and comfort of the occupant(s) of any building or residence. (10) Mail kiosks. Mail kiosk shall have a minimum of three (3) required parking spaces for the development within fifty (50) feet, unless a drive-through facility is provided. The mail kiosk must be constructed of 100% masonry and constructed of the same materials as the main structure with a metal roof. (11) Building design. Each building must follow the following conditions in addition to the Town's architectural and design standards (See Section106.06.04 for more detail on architectural design and materials.) i. Except for windows, doors and garage doors, the exterior of all building elevations shall be 100 percent (100%) masonry. Cementations fiberboard may be used for areas not considered conducive for masonry, as determined by the Building Official, and architectural features, including but not limited to bay windows, dormers, chimneys not part of an exterior wall, and gables. ii. Flat primary roofs are prohibited. iii. The residential building angle to public streets and single-family zoning districts will be between a minimum of twenty (20) to a maximum of seventy (70) degrees, unless parking is provided between the building and the street. iv. As an alternative to angling the buildings along the public street, adjacent buildings may be offset a distance equal to one-half (½) the width of the building closest to the street, not to be less than thirty (30) feet. (12) Parking regulations. The minimum off-street parking and loading regulations shall be poured concrete surfaces, and comply with the following: i. For buildings other than residential dwellings, one off-street parking space for each 200 square feet of floor area shall be provided. ii. All buildings hereafter erected, reconstructed, altered, enlarged or converted for one or more uses permitted in the Multifamily District shall provide adequate permanent off-street facilities for the loading and unloading of merchandise and good within or adjacent to the building in such a manner as not to obstruct the freedom of traffic movement on the public streets or alleys. iii. Two (2) off-street parking spaces for each apartment dwelling unit plus one space for each additional bedroom unit (more than 1) shall be provided. Covered parking spaces for at least twenty-five percent (25%) of the total required parking spaces (not including required guest parking) shall be provided. iv. No dead-end parking will be allowed. v. Garages, when provided, shall be 100 percent masonry and be constructed of the same materials as the main structure. The garage may be part of the dwelling structure. The garage shall not be used for storage, thereby prohibiting the parking of an operable vehicle. Enclosed garage parking spaces shall be a minimum of ten by twenty (10 × 20) feet. Stacking spaces shall not be counted towards required parking spaces. (13) Open space. Each lot or parcel of land must comply with the following conditions in addition to the Town's landscaping ordinance. i. Each lot or parcel of land, which is used for multiple-family residences, shall provide on the same lot or parcel of land, usable open space, in accordance with the table below on page 170. The open space shall have a minimum dimension of not less than thirty (30) feet. ii. Of the required open space, fifteen percent (15%) shall be arranged or located in a contiguous mass. This contiguous mass must be located within the required open space. iii. In meeting this requirements, a credit of three (3) square feet may be applied for each square foot utilized for swimming pools and adjacent decks, patios, or lounge areas within ten (10) feet of a pool; developed and equipped children's play areas; usable portions of recreational buildings; and private balconies and enclosed patios with a minimum dimension of five (5) feet. Tennis courts are specifically excluded from this increased credit allowance. At the time of site plan approval, the Planning and Little Elm Zoning Ordinance – ARTICLE III, ZONING DISTRICTS Page 65

Zoning Commission and Town Council may allow a credit not to exceed ten percent (10%) of the total required usable open space for adjacent and immediately accessible public parks. The combined credit for areas calculated at a three-to-one (3:1) basis and for public parks shall not exceed fifty percent (50%) of the total usable open space for an individual lot or parcel of land. iv. One (1) large canopy tree shall be provided per 3,500 square feet of required open space. v. At the time of site plan approval, the Planning and Zoning Commission and/or Town Council may give full or partial credit for open areas that exceed the maximum slope, if it is determined that such areas are environmentally significant and that their preservation would enhance the development. (14) Required amenities. A minimum of four (4) of the following must be incorporated into each Multi-family development. A minimum of two (2) major and two (2) minor amenities must be provided in significant proportion to the development. The scale of the amenities as well as other comparable amenities can be approved through the site plan approval process. i. Major amenities: a. Dog park b. Indoor exercise facility. c. Jogging trail. d. Sport courts and fields (volleyball, baseball, tennis etc.). e. Swimming pool. ii. Minor amenities: a. Gazebo. b. Improved picnic areas (with tables, grills, shading). c. Playground or tot lot. d. Putting green. (15) Miscellaneous requirements. The following additional regulations are required for all Multi-Family District apartment houses: i. Separate sewer drain plumbing for all kitchen sinks that route through a grease trap; ii. Washer and dryer connections in each unit; iii. Lint traps on all laundry room washers; and iv. Storm drain debris collectors.

(Ord. No. 226, § 8.6, 10-20-1986; Ord. No. 250, § 10, 9-19-1988; Ord. No. 815, § 2, 1-2-2007)

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(m) MH-1 Manufactured Home Single Family District. (1) Purpose. Providing for certain manufactured and modular dwellings with specific reference to the seal of approval granted by appropriate state agencies and meeting federal standards and providing for single- family and two-family dwelling units. (2) Use regulations. No building, structure, land or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in Section 106.05.01(a), “Schedule of Uses – Residential.” (3) Building materials. Duplex and single-family residences located within this district may use cementations fiberboard to fulfill the masonry building requirements. (4) Height and area regulations. In said MH-1 Manufactured Home Single-Family District the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot, shall be as follows: ARTICLE III, TABLE P MANUFACTURED HOME SINGLE-FAMILY DISTRICT DEVELOPMENT STANDARDS Maximum Height 35’ Minimum Front Yard Setback 25’ Minimum Side Yard Setback 6’ Minimum Side Yard Setback on corner1 28’ Minimum Rear Yard Setback 20’ Minimum Lot Width (at building line)2 60’ Minimum Lot Area 6,000 sq. ft. Minimum Floor Area3 1,000 sq. ft. Note 1. Where interior lots have been planned or sold fronting on the side street, may project not more than ten feet in front of the line established for buildings by the front yard requirements for the interior lots on the side street, provided this regulation shall not be interpreted to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this Chapter, to less than 28 feet, and provided that the side yard regulations above shall be observed. Note 2. The minimum width of a lot shall be measured at the front building line provided that where a lot has less width than herein required, in separate ownership at the time of the passage of this Chapter, this regulation will not prohibit the erection of a single-family dwelling. Lots bordering streets on curves or contours shall be 80 feet in width at the building line. Note 3. Each dwelling unit hereafter erected, constructed, reconstructed or altered in said Manufactured Home Single-Family District shall have a floor area, excluding basements, open and screened porches and garages, of not less than 1,000 square feet.

(Ord. No. 226, § 8.4, 10-20-1986; Ord. No. 872, § 2, 12-4-2007; Ord. No. 889, § 2, 4-1-2008)

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106.03.03 Zoning Districts – Non-Residential/Commercial/Industrial (a) AG - Agricultural District. (1) General purpose and description. Agricultural zoning strives to protect the viability of agriculture in a region. The AG Agricultural District's intent is to prevent the fragmentation of existing farms; provide for agricultural uses and uses compatible with or supportive of agriculture, including crop production, the raising of livestock, poultry and other animals; encourage compatibility of farm buildings with the surrounding neighborhood and avoid conflicts between agricultural and non-agricultural uses. The AG Agricultural District is also intended to protect areas that may be unsuitable for development because of physical problems, lack of infrastructure, constraints, or potential health or safety hazards such as flooding, as well as providing for preservation of natural open space areas. (2) Use regulations. No building, structure, land or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in Section 106.05.01(b), “Schedule of Uses – Non-residential” or the following: i. All forms of agriculture, horticulture, and animal husbandry, including necessary farm structures; ii. All agricultural/farm buildings including, but not limited to, a stable, barn, pen, corral, kennel, greenhouse, or coop; iii. Riding schools and/or horse boarding stables; iv. On-site sale of farm products, 75 percent of this must be produced on-site; v. Bed and breakfast; or vi. Storage of recreational vehicles, camp trailers or other wheeled vehicles used for the pleasure of the owner (may not be inhabited). (3) Height and area regulations. The height of buildings and structures, the minimum dimensions of lots and yards, and the minimum lot area per family shall be as follows: ARTICLE III, TABLE Q AG AGRICULTURAL DISTRICT DEVELOPMENT STANDARDS Maximum Height (2½ stories) 35’ Minimum Front Yard Setback 45’ Minimum Side Yard Setback 20’ Minimum Side Yard Setback on corner1 28’ Minimum Rear Yard Setback 30’ Minimum Lot Width (at building line)2 60’ Minimum Lot Area 5 acres Minimum Floor Area3 1,600 sq. ft. Note 1. Corner lots. Where interior lots have been planned or sold fronting on the side street, it may project not more than ten feet in front of the line established for buildings by the front yard requirements for the interior lots on the side street, provided this regulation shall not be interpreted to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this Chapter, to less than 28 feet, and provided that the side yard regulations above shall be observed. Note 2. The minimum width of a lot shall be measured at the front building line provided that where a lot has less width than herein required, in separate ownership at the time of the passage of this Chapter, this regulation will not prohibit the erection of a single-family dwelling. Lots bordering streets on curves or contours shall be 60 feet in width at the building line. Note 3. Each dwelling unit hereafter erected, constructed, reconstructed or altered shall have a floor area, excluding basements, open and screened porches, and garages, of not less than 1,600 square feet. (4) Residences. One primary residential structure per lot. (5) Accessory structures. Agriculture related structures shall be made of masonry materials, metal, wood, or cementitious fiber board and are not required to meet the square footage requirements as referenced in Section 106.05.021, “Accessory Uses.” (6) Parking requirement. The minimum off-street parking requirements shall be an asphalt or concrete surface Little Elm Zoning Ordinance – ARTICLE III, ZONING DISTRICTS Page 68

with four (4) parking spaces per dwelling unit.

(Ord. No. 226, § 8.1, 10-20-1986; Ord. No. 250, § 6, 9-19-1988; Ord. No. 816, § 2, 1-2-2007)

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(b) O - Office District. (1) Use regulations. No building, structure, land or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in Section 106.05.01(b), “Schedule of Uses – Non-residential.” (2) Height and area regulations. The height of buildings, the minimum dimensions of the lots and yards shall be as follows: ARTICLE III, TABLE R O OFFICE DISTRICT DEVELOPMENT STANDARDS Maximum Height1 60’ Minimum Front Yard Setback 20’ Maximum Front Yard Setback 100’ Minimum Side Yard Setback2 No minimum Minimum Side Yard Setback adjacent to residential2 5’ Minimum Rear Yard Setback No minimum Minimum Rear Yard Setback adjacent to residential 35’ Minimum Lot Width 50’ Minimum Lot Area 1 acre Note 1. Height. Non-residential buildings shall not exceed 60 feet. Portions of buildings within 120 feet of a single-family residential lot may not exceed 45 feet in height. Beyond 120 feet, the building must fit within a plane created by a slope of one foot in additional height for each additional three feet from the property line. Note 2. Side yard. Where a lot abuts upon the side of a lot zoned for dwelling purposes there shall be a side yard of not less than five feet, otherwise no side yard shall be required but, if provided, it shall be not less than five feet. On corner lots, with lots having reversed frontage at the rear, the side yard requirements shall be the same as A-2 Single-Family District.

(Ord. No. 226, § 8.9, 10-20-1986)

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(c) NS – Neighborhood Services District. (1) Use regulations. No building, structure, land or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in Section 106.05.01(b), “Schedule of Uses – Non-residential.” (2) Height and area regulations. The height of buildings, the minimum dimensions of the lots and yards shall be as follows: ARTICLE III, TABLE S NS NEIGHBORHOOD SERVICES DISTRICT DEVELOPMENT STANDARDS Maximum Height1 60’ Minimum Front Yard Setback 20’ Maximum Front Yard Setback 100’ Minimum Side Yard Setback2 No minimum Minimum Side Yard Setback adjacent to residential2 5’ Minimum Rear Yard Setback No minimum Minimum Rear Yard Setback adjacent to residential 35’ Minimum Lot Width 50’ Minimum Lot Area3 1 acre Note 1. Height. Non-residential buildings shall not exceed 60 feet. Portions of buildings within 120 feet of a single-family residential lot may not exceed 45 feet in height. Beyond 120 feet, the building must fit within a plane created by a slope of one foot in additional height for each additional three feet from the property line. Note 2. Side yard. Where a lot abuts upon the side of a lot zoned for dwelling purposes there shall be a side yard of not less than five feet, otherwise no side yard shall be required but, if provided, it shall be not less than five feet. On corner lots, with lots having reversed frontage at the rear, the side yard requirements shall be the same as A-2 Single-Family District. Note 3. Lot Size. The minimum lot size for non-residential districts is one acre, unless otherwise approved through the site plan process.

(Ord. No. 226, § 8.10, 10-20-1986)

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(d) CF – Community Facilities District. (1) Purpose. The community facilities district is established to apply to those lands where federal, state or local government activities are conducted, where governments hold title to such lands, or for public and private educational and medical facilities. Certain nongovernmental and non-institutional uses may be permitted to provide necessary services to governmental and institutional uses. (2) Use regulations. No building, structure, land or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in Section 106.05.01(b), “Schedule of Uses – Non-residential.” (3) Height and area regulations. The height of buildings, the minimum dimensions of the lots and yards shall be as follows: ARTICLE III, TABLE T CF COMMUNITY FACILITIES DISTRICT DEVELOPMENT STANDARDS Maximum Height1 60’ Minimum Front Yard Setback 25’ Maximum Front Yard Setback 100’ Minimum Side Yard Setback2 15’ Minimum Side Yard Setback adjacent to residential2 25’ Minimum Rear Yard Setback 25’ Minimum Rear Yard Setback adjacent to residential 35’ Minimum Lot Width No minimum Minimum Lot Area No minimum Minimum Open Space 15% Maximum Impervious Area 75% Note 1. Any non-single-family use that is over one story in height and that is located adjacent to (and not across any right-of-way from) any existing single- family zoning district shall be setback from the applicable perimeter property line a distance equal to the height of the building, but not less than twenty- five (25) feet. Note 2. Where a lot abuts upon the side of a lot zoned for dwelling purposes there shall be a side yard of not less than five feet, otherwise no side yard shall be required but, if provided, it shall be not less than five feet. On corner lots, with lots having reversed frontage at the rear, the side yard requirements shall be the same as O-Office District.

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(e) LC – Light Commercial District. (1) Use regulations. No building, structure, land or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in Section 106.05.01(b), “Schedule of Uses – Non-residential.” (2) Height and area regulations. The height of buildings, the minimum dimensions of the lots and yards shall be as follows: ARTICLE III, TABLE U LC LIGHT COMMERCIAL DISTRICT DEVELOPMENT STANDARDS Maximum Height1 60’ Minimum Front Yard Setback 20’ Maximum Front Yard Setback 100’ Minimum Side Yard Setback2 No minimum Minimum Side Yard Setback adjacent to residential2 5’ Minimum Rear Yard Setback No minimum Minimum Rear Yard Setback adjacent to residential 35’ Minimum Lot Width 50’ Minimum Lot Area3 1 acre Note 1. Height. Non-residential buildings shall not exceed 60 feet. Portions of buildings within 120 feet of a single-family residential lot may not exceed 45 feet in height. Beyond 120 feet, the building must fit within a plane created by a slope of one foot in additional height for each additional three feet from the property line. Note 2. Side yard. Where a lot abuts upon the side of a lot zoned for dwelling purposes there shall be a side yard of not less than five feet, otherwise no side yard shall be required but, if provided, it shall be not less than five feet. On corner lots, with lots having reversed frontage at the rear, the side yard requirements shall be the same as A-2 Single-Family District. Note 3. Lot Size. The minimum lot size for non-residential districts is one acre, unless otherwise approved through the site plan process.

(Ord. No. 226, § 8.12, 10-20-1986)

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(f) HC – Heavy Commercial District. (1) Use regulations. No building, structure, land or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in Section 106.05.01(b), “Schedule of Uses – Non-residential.” (2) Height and area regulations. The height of buildings, the minimum dimensions of the lots and yards shall be as follows: ARTICLE III, TABLE V HC HEAVY COMMERCIAL DISTRICT DEVELOPMENT STANDARDS Maximum Height1 60’ Minimum Front Yard Setback 20’ Maximum Front Yard Setback 100’ Minimum Side Yard Setback2 No minimum Minimum Side Yard Setback adjacent to residential2 5’ Minimum Rear Yard Setback No minimum Minimum Rear Yard Setback adjacent to residential 35’ Minimum Lot Width 50’ Minimum Lot Area3 1 acre Note 1. Height. Non-residential buildings shall not exceed 60 feet. Portions of buildings within 120 feet of a single-family residential lot may not exceed 45 feet in height. Beyond 120 feet, the building must fit within a plane created by a slope of one foot in additional height for each additional three feet from the property line. Note 2. Side yard. Where a lot abuts upon the side of a lot zoned for dwelling purposes there shall be a side yard of not less than five feet, otherwise no side yard shall be required but, if provided, it shall be not less than five feet. On corner lots, with lots having reversed frontage at the rear, the side yard requirements shall be the same as A-2 Single-Family District. Note 3. Lot Size. The minimum lot size for non-residential districts is one acre, unless otherwise approved through the site plan process.

(Ord. No. 226, § 8.14, 10-20-1986)

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(g) LI – Light Industrial District. (1) Use regulations. No building, structure, land or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in Section 106.05.01(b), “Schedule of Uses – Non-residential.” (2) Height and area regulations. The height of buildings, the minimum dimensions of the lots and yards shall be as follows: ARTICLE III, TABLE W LI LIGHT INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS Maximum Height1 60’ Minimum Front Yard Setback 20’ Maximum Front Yard Setback 100’ Minimum Side Yard Setback2 No minimum Minimum Side Yard Setback adjacent to residential2 20’ Minimum Rear Yard Setback No minimum Minimum Rear Yard Setback adjacent to residential 40’ Minimum Lot Width No minimum Minimum Lot Area3 1 acre Note 1. Height. Non-residential buildings shall not exceed 60 feet. Portions of buildings within 120 feet of a single-family residential lot may not exceed 45 feet in height. Beyond 120 feet, the building must fit within a plane created by a slope of one foot in additional height for each additional three feet from the property line. Note 2. Side yard. Where a lot abuts upon the side of a lot zoned for dwelling purposes there shall be a side yard of not less than five feet, otherwise no side yard shall be required but, if provided, it shall be not less than five feet. On corner lots, with lots having reversed frontage at the rear, the side yard requirements shall be the same as A-2 Single-Family District. Note 3. Lot Size. The minimum lot size for non-residential districts is one acre, unless otherwise approved through the site plan process.

(Ord. No. 226, § 8.15, 10-20-1986)

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(h) HI – Heavy Industrial District. (1) Use regulations. No building, structure, land or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in Section 106.05.01(b), “Schedule of Uses – Non-residential.” (2) Height and area regulations. The height of buildings, the minimum dimensions of the lots and yards shall be as follows: ARTICLE III, TABLE X HI HEAVY INDUSTRIAL DISTRICT DEVELOPMENT STANDARDS Maximum Height1 60’ Minimum Front Yard Setback 20’ Maximum Front Yard Setback 100’ Minimum Side Yard Setback2 No minimum Minimum Side Yard Setback adjacent to residential2 20’ Minimum Rear Yard Setback No minimum Minimum Rear Yard Setback adjacent to residential 40’ Minimum Lot Width No minimum Minimum Lot Area3 1 acre Note 1. Height. Non-residential buildings shall not exceed 60 feet. Portions of buildings within 120 feet of a single-family residential lot may not exceed 45 feet in height. Beyond 120 feet, the building must fit within a plane created by a slope of one foot in additional height for each additional three feet from the property line. Note 2. Side yard. Where a lot abuts upon the side of a lot zoned for dwelling purposes there shall be a side yard of not less than five feet, otherwise no side yard shall be required but, if provided, it shall be not less than five feet. On corner lots, with lots having reversed frontage at the rear, the side yard requirements shall be the same as A-2 Single-Family District. Note 3. Lot Size. The minimum lot size for non-residential districts is one acre, unless otherwise approved through the site plan process.

(Ord. No. 226, § 8.17, 10-20-1986)

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ARTICLE IV –SPECIAL DISTRICTS

106.04.01 ...... US 380 Overlay District (a) Purpose. The U.S. 380 Overlay District (380-OD) is identified in the 2017 Comprehensive Plan as the Town’s major commercial hub for employment. To this end, enhanced regulations are adopted to stimulate high-quality employment opportunities in this area. The 380 Overlay District is intended to substantially advance a legitimate governmental interest that includes promoting the economic development of the overlay district area, promoting a job base for the residents of Little Elm, and to regulate the character of growth along the 380 Corridor. (b) Description. The Town of Little Elm hereby adopts the U.S. Highway 380 Overlay District establishing development standards for properties within the 380 Corridor in the Town of Little Elm jurisdictional limits, regarding use regulations, height regulations, signage, landscaping, and lighting requirements. (c) Boundary. The physical boundaries of the US 380 Overlay District are identified in Exhibit A of Ordinance No. 835, as it exists or is amended by Town Council. (d) Use regulations. (1) Permitted uses. The base zoning district of the subject property determines the permitted land uses in the US 380 Overlay District. Furthermore, the only permitted zoning districts in the overlay district are as follows: LC - Light Commercial, HC - Heavy Commercial, LI - Light Industrial, HI - Heavy Industrial, and related PD - Planned Development districts. Permitted land uses are outlined in Section 106.05.01(b), “Schedule of Uses – Non-residential.” All applicable regulations for use, yard, area, lot dimensions, utility placement, and landscaping shall be those specified for each district, including planned development stipulations except as otherwise stated in this ordinance. (2) Prohibited uses. The following uses are prohibited in the US 380 Overlay District, unless approved through the Specific Use Permit process: a. Automobile or truck leasing or renting b. Automobile sales, new or used c. Batching plant (concrete or asphalt, permanent) d. Boat repair e. Boat sales, new or used f. Brick company with outside storage g. Building materials & hardware (outside display) h. Church or rectory i. Commercial amusement (outdoor) j. Dance hall k. Firing range, indoor/outdoor l. Flea market m. Heavy vehicle sales or storage n. Landfill (commercial) o. Motorcycle sales with outside display p. Open or outside storage of products or materials that are not screened q. Pawn shop r. Portable building sales s. Recreational vehicle sales, new or used t. Residence home for the aged u. Rock quarries, sand, gravel, or earth excavation v. Salvage or reclamation of products that are not screened w. School, public primary or secondary x. Self-storage or mini warehouse y. Sexually oriented businesses z. Storage or repair of furniture and appliances, outside building aa. Tire retreading and recapping bb. Tire sales with outside storage cc. Trailer or manufactured home display or sales or rental Little Elm Zoning Ordinance – ARTICLE IV, SPECIAL DISTRICTS Page 77

dd. Truck and bus rental or repair ee. Truck sales, new or used ff. Vehicle or car wash, self-serve gg. Veterinarian clinic or kennel with outside pens hh. Wrecking yard, auto salvage, junkyard, or outside reclamation

(e) Buffer zones required between industrial uses or zoning districts and single-family uses or zoning districts. A buffer zone shall be required between industrial and single-family residential zoning districts or uses to provide separation between the two areas. These special buffering requirements are necessary in order to mitigate the impact associated with adjacent non-compatible uses. A forty (40) foot transitional buffer is required for industrial uses or zoning districts adjacent to single family residential uses or zoning districts within the 380 Overlay District. Any transitional buffer area that is provided shall be landscaped and irrigated. Trees shall be provided at a rate of one (1) tree per thirty (30) linear feet. Fifty percent (50%) of the trees shall be evergreen and shall be evenly dispersed.

(f) Height and setback regulations. In the US 380 Overlay District the height of buildings and the setback regulations shall be as follows: ARTICLE IV, TABLE A US 380 Overlay District Height and Slope Development Standards Distance from property line of the Less than 500’ 500’ to 750’ Over 750’ closest residential zoning or use Nonresidential Uses with Residential Proximity 3:1 slope 2:1 slope 1:1 slope Nonresidential Uses without Residential Proximity 1:1 slope Note 1. Height. There will be no building height limitation as long as the setback regulations set forth below are met. Setbacks (shown above) shall be applied to all buildings over two and one-half (2½) stories or 35 feet in height. Buildings that are less than 35 feet in height shall use the setbacks identified in each zoning district. See the figure below for additional information regarding the required setbacks. Note 2. This includes land zoned or used for single-family residential purposes regardless of jurisdiction. Note 3. A height setback envelope is a plane projected upward and outward from a site of origination, which is defined as any private property that is zoned or used for single-family residential purposes. Note 4. When referring to height setback envelopes, all slopes in this ordinance are stated as to horizontal run to vertical rise. Note 5. Surface parking facilities may be located within the height setback envelope, as required for nonresidential uses, so long as the parking does not encroach into the required landscape setbacks.

(g) Signage. In the US 380 Overlay District, signs shall be subject to the following regulations: (1) Internal illumination: Outdoor, internally illuminated advertising signs may have a background, letters, and/or symbols of any color combination. (2) Monument sign. i. Area: The maximum area for a monument sign shall be 100 square feet.

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ii. Height: The maximum height for a monument sign shall be ten (10) feet. (3) Multi-tenant monument sign: i. Area: The maximum area shall be based upon the size of the development. ii. Five (5) acres or less is 150 square feet. iii. For every acre over five (5) acres, the sign size may be increased by ten (10) square feet with the maximum allowed area 240 square feet is permitted. iv. Height: The maximum height shall be twenty-four (24) feet. (4) Wall sign area: i. For each one (1) linear foot of primary building face, three (3) square feet of wall sign is allowed. A maximum of 200 square feet of wall signage is allowed per building or tenant. ii. Big Box primary tenants may use a total of 400 square feet. (5) Electronic message signs: i. The portion of the sign that may be electronic message is limited to sixty percent (60%) of the total sign. ii. Any change of pictures or information on said sign may not include animation but may include transitions which change at a rate no faster than every six (6) seconds.

(f) Landscaping. Landscaping shall conform to the requirements found in the Landscaping Ordinance. In addition to these requirements, the following are required: (1) Perimeter landscaping: (2) A thirty (30) foot front landscape setback adjacent to US 380 shall be maintained. The landscape setback shall generally consist of trees, shrubs, groundcover, berms, and/or related elements. (3) For the perimeter landscaped area adjacent to US 380, one (1) large canopy tree and one (1) small ornamental tree shall be required every twenty-five (25) linear feet of street frontage. Trees may be grouped or clustered to facilitate site design.

(g) Lighting. The installation of lighting shall limit off-site spill (off the parcel containing the development) to a maximum of 0.5 footcandles at any location on any residential property, and no limit at any location on any nonresidential property, as measurable from any orientation of the measuring device.

(Ord. No. 835, § 2, 6-5-2007)

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106.04.02 ...... Lakefront District. DIVISION 1 – PURPOSE, GOALS AND INTENT A...... PURPOSE. The purpose of the Lakefront District is to implement the adopted recommendations of the Comprehensive Plan by establishing a pedestrian-oriented Lakefront which will serve as the civic and cultural heart of the Town for generations.

B...... GOALS. The goals of this Code are: 1. To build on the Town’s targeted “lakeside community character,” with built form and materials that are reminiscent of lakefront communities. 2. Make the sustainable through a. Providing for integrated mixed use, b. Embodying LEED-ND (Leadership in Energy and Environmental Design – Neighborhood Development) principles, and c. Assuring pedestrian and bicycle friendliness. 3. To provide development and land use flexibility within the framework of a form-based development Code. 4. To provide a mix of residential, retail and office uses in a pedestrian and bicycle-friendly environment. 5. To encourage high quality development through providing a balance of development standards and expeditious administrative approvals for projects which meet the intent of this Code.

C...... INTENT. The intent of this Code is: 1. To provide a comfortable and attractive environment for pedestrians, which include such things as buildings framing public space, interesting street walls, street trees, lighting and street furniture. 2. To construct buildings close to the sidewalk and street. 3. To construct continuous building frontage along block faces except where it is desirable to provide for pedestrian and auto pass-thru to parking at mid-block. 4. To provide shared parking that will benefit the entire District. 5. To encourage the use of public parks and plazas as a focus for mixed use developments. 6. To design and build flexible buildings that can accommodate a range of uses over time. 7. To design streets, access lanes and buildings that will provide a high level of connectivity between parcels and projects for pedestrians, bicycles and autos. 8. To create a safe multi-modal mixed-use environment.

DIVISION 2 - DEFINITIONS

The following definitions shall apply within the Lakefront Code. Access Lane. Any on-site drive or lane intended to accommodate autos or pedestrians. Charleston House. This is a house that is built close to the front sidewalk but also has one building edge adjacent to a shared property line, thereby creating a useable side yard. (See Table 1 Building Disposition) A Double Charleston House is two single family Charleston Houses which share a common wall (and property Line). Review Committee. A Committee constituted by the Town to advise the Director on major development waivers. (See Section 106.04.02, “Lakefront District – Division 9B Review Process”) Building Façade, Primary. Any façade that faces a public street or open space. District. The entire area covered by the Lakefront Code Entry, Primary. The main entry to a building on a block face. There must be at least one main building entry for each ground floor use, tenant or lobby on each block face which contains the use or tenant. Flats. Urban apartments located in a pedestrian friendly mixed use development, and usually positioned above the ground floor.

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Landmark Buildings. Buildings which are located on axis with a terminating street or at the intersection of streets. Such buildings shall incorporate architectural features which address height and articulation that emphasize the importance of such a location. Live-Work. A fee-simple dwelling unit that contains, to a limited extent, a separate commercial component on the ground floor. It is in the form similar to a Townhouse or store with residential quarters above or behind the commercial use. Loft. A flexible residential space which may be partially used for an artist or design studio, and which is characterized by higher than normal ceilings, open floor plans and often, exposed duct work. Loft, Mixed Use. A mixed use building that includes a majority of residential use such as lofts, apartments, condominiums and offices, but contains non-residential use in a portion of the ground floor. Major Thoroughfare. This refers to the ultimate configuration of Eldorado Parkway. Parking, Shared. Parking which is shared by tenants, visitors and the general public. Hours of availability and use may be further defined in cooperation with the Town. Patio House. This refers to a home which occupies the boundary of the lot while defining one or more private patios. (See Table 1 Building Disposition) Regulating Plan. A plan that governs the development of a multi-phased project area as defined in (See Section 106.04.02, “Lakefront District – Division 9C Regulating Plan”). Retail Use. For the purposes of the Lakefront Code, retail use is defined as a business having as its primary function, the supply of merchandise or wares to the end consumer. Such sales constitute the “primary function of the business when sales equal at least eighty percent (80%) of the gross sales of the business. Stacked Flat. A condominium, apartment or loft which is part of a building of similar units. Flats located on the ground floor must still meet the requirements for direct front door access to a stoop and a public sidewalk. Stoop. A structure that is located approximately at the level of the first floor of the structure and intended to provide access to a residential unit. Story. That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling above the floor of such Story. This includes any mezzanine or loft which may comprise only a portion of a full floor plate. Streetscape. The urban element that establishes the major part of the public realm. The streetscape is composed of thoroughfares (travel lanes for vehicles and bicycles, parking lanes for cars, and sidewalks or paths for pedestrians) as well as the visible private frontages (building facades and elevations, porches, yards, fences, awnings, etc.), and the amenities of the public frontages (street trees and plantings, benches, streetlights, etc.). Lakefront Engineering and Landscape Standards. Any approved Town standards which govern such items as street, streetscape, drainage, signage and other public improvements in the Lakefront District. Town Manager. The Town Manager of the Town of Little Elm or his designee. Townhouse. An attached dwelling unit located on a platted lot which shares at least one common wall with another such unit. Townhouses are grouped together in clusters of three (3) to six (6) units. Urban Design Officer (UDO). The Planning Manager shall serve as the Urban Design Officer for the Lakefront District. Waiver to Design Standards, Major (Major Waiver). A significant change to the standards of this Code, as identified in the District regulations and requiring Planning and Zoning Commission and Town Council approval. (See Section 106.04.02, “Lakefront District – Division 3G and 9E regarding Waivers of Design Standards”) Waiver to Design Standards, Minor (Minor Waiver). A minor change to the standards of this Code that is not contrary to the stated goals and intent of the district. (See Section 106.04.02, “Lakefront District – Division 3G and 9E regarding Waivers of Design Standards”)

DIVISION 3 - GENERAL DISTRICT STANDARDS A...... BUILDING AND LAND USE. Intent. It is intended that allowed uses will encourage pedestrian-oriented mixed use projects that are well integrated with retail and residential activities.

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1. Retail, Personal Service, Residential and Office uses shall be allowed throughout the District in accordance with the list of authorized uses set forth in Appendix 1 Lakefront Land Use. Uses which are not specifically authorized require a Major Waiver. 2. Where “Required Retail At-grade Construction” is designated on the Conceptual Framework Plan, the ground floor adjacent to the street should be constructed to retail building standards for a depth of at least fifty (50) feet, however a smaller depth may be allowed if the retail is serving as a “liner” use which is masking a parking garage, by Minor Waiver. 3. All changes to access drives require a Minor Waiver.

B...... BLOCK FACE. Intent. It is intended that building walls should be continuous along block faces to create a strong edge to the street and contribute to creating an attractive and active pedestrian environment, with allowance for some limited variation and opportunities for outside dining, pocket parks and special building entry features. Buildings should also be constructed close to the street to provide a sense of enclosure. It is also intended that Blocks be as short as practical to both support pedestrian access/walkability and to facilitate the process of renewal and regeneration of buildings and frontages over the long term. 1. Continuous building frontage will be considered to be met if eighty percent (80%) or more of the primary building façade is located within fifteen (15) feet of the right-of-way or build-to line designated on an approved Plan. This shall apply to each phase of development unless otherwise approved. However, administrative approval of a Minor Waiver will permit down to seventy percent (70%), provided that the reduction results in an attractive outdoor dining area, building entry feature or other amenity which contributes to the streetscape. A greater reduction shall require approval of a Major Waiver. 2. Facades shall generally be built parallel to the street frontage, except at street intersections, where a façade containing a primary building entrance may be curved or angled toward an intersection. 3. Build-to Lines a. Build-to lines shall be measured from the planned street right-of-way or public easement, as established on the approved Regulating Plan and the standards in this ordinance. The entire area between the back-of-curb and the primary building façade shall be dedicated as public right-of-way or have a public access easement placed upon it. b. Exterior steps, stoops, chimneys, and bay windows may encroach beyond the Build-To Line by two feet, but not into a public right-of-way. Balconies ten (10) feet or more above the sidewalk may encroach up to six (6) feet including a public right-of way or Access Lane. c. Awnings may encroach above the public sidewalk without limit, but may not extend into a vehicular roadway or access way.

C...... STREETS. Intent. It is the intent that public and private streets and accessways provide a framework that will facilitate the movement of pedestrians and autos in an attractive environment, and provide for incremental long term revitalization and redevelopment of parcels to meet changing market sector needs. All streets and blocks in the Lakefront Code shall conform to the provisions of this section. 1. Street Standards. Standards for streets within the district shall be approved as part of a Regulating Plan and shall be in generally conformity with Appendix 2 Thoroughfare Assemblies. 2. Street Pattern. The pattern of all streets in the project area shall be based upon a small scale grid system of interconnecting streets, and shall connect to adjoining non-single family properties.

D...... STREETSCAPE AND LANDSCAPE. Intent. It is the intent to both encourage and require streetscape and landscaping that reinforces the Lakefront character of Little Elm as envisioned in the Comprehensive Plan. It is also the intent to create comfortable pedestrian environments and lower summer ambient temperature by shading sidewalks, parking areas and drive lanes. 1. Streetscape standards. Shade trees are required along all public street rights-of-way, either within the ROW or immediately adjacent at an average of twenty (20) feet on center.

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Where buildings are not adjacent to the sidewalk, a second row of trees shall be provided in place of a building wall unless adjacent to a plaza or pocket park or approved by Minor Waiver as a temporary condition. 2. Site Landscaping shall include drought tolerant grasses and shrubs as listed in the Town’s list of approved plant materials. 3. Residential ground floor frontages shall be required to landscape a minimum of five (5) feet between the edge of sidewalk and the primary building façade, excluding access to sidewalks, stairs, stoops, porches and patios. This area may be landscaped with ground cover, low shrubs, ornamental trees and street trees. In addition, street tree wells may also be landscaped. Landscaping for tree wells is limited to ground cover and low shrubs.

E...... TRANSITION FROM SINGLE FAMILY ZONING. On any property in the Lakefront District which shares a lot line with a single family zoned property: 1. The setback shall be a minimum of twenty (20) feet from the property line, and 2. Maximum building height within fifty (50) feet shall be thirty-five (35) feet. Beyond fifty (50) feet, the height shall increase at a rate of one (1) foot for each foot the building is set back, to the maximum allowed number of stories.

F...... WAIVERS OF DESIGN STANDARDS. The following waivers are authorized within the Code, subject to the procedures in Division 9E and as otherwise specified in this Code. Minor Waivers include: . Requirement to line a parking garage with buildings . Requirement for continuous building frontage . Establishment of Build-to Line . Encroachment into the Build-to line . Residential landscape requirement . Increased building height for “landmark” buildings . Design of buildings without tri-partite architecture . Required frequency of building entries along a street edge . Window detailing . Exterior building and roof materials . Exterior building color . Retail at-grade design standards . Landscape standards . Location of bicycle parking . Minor revisions to thoroughfare Assemblies Major Waivers include: . Required retail construction . Building height for non-landmark buildings . Exceeding the maximum leasable retail area . Residential at-grade design standards . Parking requirements . Parking garage design standards

DIVISION 4 - BUILDINGS A...... INTENT. The intent of this Section is to create an attractive and active Lakefront Town style district; and the size, disposition, function and design of buildings play an important role in achieving that goal. This includes encouraging the appropriate use of: . Landmark “lighthouse” elements . Cementitious fiberboard siding in the form of planks or board and batten . Metal or tile - (clay or cement) roofing material

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It is also intended that commercial spaces are designed and constructed in a manner that allows flexibility to accommodate a range of uses over time in order to avoid the need to demolish and rebuild for successive uses. Buildings should directly contribute to the attractiveness, safety and function of the street and public areas. Buildings that accommodate retail at-grade should feature the retail activity over the building’s architecture. Buildings should be constructed in a manner, and with materials, that are highly durable and will continue to endure and be attractive over a long time, especially adjacent to public and pedestrian areas. It is intended by this Section, to encourage a variety of building and design solutions in response to the standards and regulations outlined herein.

B...... GENERAL BUILDING CONFIGURATION. 1. General Building Disposition a. Buildings shall be disposed in relation to the boundaries of their lots according to Table 1 Building Disposition. b. One principal building at the frontage and one outbuilding to the rear may be built on each lot. A back-building may be built between the principal building and the outbuilding on the side-frontage of corner lots as shown in Table 2 Building Location. c. Facades shall be built generally parallel or tangent to the principal frontage line. For lots having two frontages, the one along the more urban frontage of the two shall be the principal frontage unless otherwise determined by Minor Waiver. d. Single Family Outbuilding rear setbacks shall be a minimum of eight (8) feet from the Alley right-of-way to the garage door if there is one, or three (3) feet to the building wall if not. Townhomes with rear patios and a detached garage may have a minimum setback of three (3) feet. In the absence of a rear alley or lane, the rear setback shall be a minimum of three (3) feet. e. Loading docks and service areas shall be permitted on frontages only when absolutely necessary, by Minor Waiver.

Building Disposition. This table approximates the location of the structure relative to the boundaries of each individual Lot, establishing suitable basic building types for each Transect Zone.

ARTICLE IV, TABLE B LAKEFRONT BUILDING DISPOSITION A. Side yard: Specific Types - Charleston House, Charleston Double House. A building that occupies one side of the Lot with the Setback to the other side. A shallow Frontage Setback defines a more urban condition. If the adjacent building is similar with a blank side wall, the yard can be quite private. This type permits systematic climatic orientation in response to the sun or the breeze. If a Side yard House abuts a neighboring Side yard House, the type is known as a twin or Charleston Double House. Energy costs, and sometimes noise, are reduced by sharing a party wall in this Disposition. B. Rear yard: Specific Types - Townhouse, Live-Work unit, loft building, Stacked Flats, Mixed Use Block, Flex Building. A building that occupies the full Frontage, leaving the rear of the Lot as the sole yard. This is a very urban type as the continuous Façade steadily defines the public Thoroughfare. The rear Elevations may be articulated for functional purposes. In its Residential form, this type is the Rowhouse. For its Commercial form, the rear yard can accommodate substantial parking. Garages may be attached or detached.

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C. Courtyard: Specific Types - Patio House. A building that occupies the boundaries of its Lot while internally defining one or more private patios. This is one of the most urban of types, as it is able to shield the private realm from all sides while strongly defining the public Thoroughfare. Because of its ability to accommodate incompatible activities, masking them from all sides, it is recommended for workshops, Lodging and schools. The high security provided by the continuous enclosure is useful for crime-prone areas. D. Urban: Specific Types - Stacked Flats, mixed use lofts, office, and retail. A building which occupies the entire site. This is the most urban type, and is common in downtowns. It can accommodate a wide range of functions.

C...... BUILDING STANDARDS. 1. Building Form a. Buildings shall not exceed four (4) stories except where adjacent to Eldorado, which may be up to seven (7) stories provided that views of the lake are not significantly blocked for neighboring development. Additional height along Eldorado may be allowed at specific locations by Minor Waiver. b. All buildings shall be designed and constructed in tri-partite architecture so that they have a distinct base, middle and top. c. Buildings which are located on axis with a terminating street or Access Lane or at the intersection of streets and/or Access Lanes shall be considered a Landmark Building. Such buildings shall be designed with landmark features which take advantage of that location, such as an accentuated entry and a unique building articulation which is off-set from the front wall planes and goes above the main building eave or parapet line. 2. Architectural Features Where clearly visible from a public street, open space or Access Lane: a. Roofs. For buildings with hip, gable or mansard roofs:(unless otherwise allowed by Minor Waiver)— i. Allowed materials include standing seam, clay or concrete tile (barrel or Roman shape) ii. Skylights and roof vents shall not be visible. b. Windows, except for retail at-grade, shall be vertical in proportion and have at least a three (3) inch reveal. Vertically proportioned windows which are joined together by a mullion shall be considered as meeting this standard. c. Each building and separate lease space at-grade along the street edge shall have a functioning Primary Entry from the sidewalk. Such entries must be inset from the front building plane by at least three (3) feet.

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Functioning entries must be located no greater than sixty (60) feet apart. Corner entries may count as a Primary Entry for both intersecting street frontages. 3. Exterior Façade Materials The following shall apply to all exterior walls of buildings and parking structures which are clearly visible from a public street, walkway or open space: a. Allowed Exterior Materials. Allowed exterior surface materials are categorized into three groups: i. Group A. Brick and stone. ii. Group B. Stucco, architectural concrete block with integrated color, factory primed cementitious fiberboard (in the form of lap siding or board and batten). Cementitious fiberboard is limited to twenty percent (20%) of any façade. iii. Group C - Accent. Metal, EIFS, wood and tile. b. Prohibited Exterior Materials Prohibited exterior surface materials include cinderblock and aggregate finished surfaces. c. Primary Facades The following shall apply to all exterior walls of buildings which are clearly visible from a public street, open space, or active storefront: Primary Facades, excluding windows, doors, and other openings, shall be constructed of at least eighty percent (80%) Group A materials and up to twenty percent (20%) Group B materials. However, accent materials from Group C may be allowed in limited application for architectural features. d. Secondary Facades The following shall apply to all exterior walls of buildings (15,000 square feet or larger) which are NOT clearly visible from a public street, open space or active storefront: i. Walls, excluding windows, doors, and other openings, shall be constructed of a minimum of 20% Group A materials and up to eighty percent (80%) Group B materials. However, the color of the walls shall match the primary facades. ii. Wrapping the Primary Façade treatment. Secondary Façades which are adjacent to the Primary Façade shall contain the Primary Façade treatment for at least ten percent (10%) of its area. This may occur as a simple continuation of the Primary Façade treatment, or elements such as cornices, bases and vertical elements. In all cases, however, wall surface materials shall wrap the corner. iii. Walls which are constructed on a property line as one of a series of in-line buildings where the wall will become part of a common wall shall be subject to Minor Waiver approval and may include a greater distance of “wrapping” and more lenient use of other materials such as cinder block. e. Two materials. At least two materials shall be used on all exterior facades. f. Windows and glazing shall be limited to a minimum of thirty percent (30%) and maximum of seventy percent (70%) of each building elevation. (See 6.b below for special requirements for retail at grade.) g. A variation of up to fifteen percent (15%) of the standard above, and the material type may be approved by administrative approval of a Minor Waiver, provided that it is demonstrated that i. The requested material use will result in achieving the Town’s architectural goals, and ii. The change will result in an improved architectural design without degrading the quality of public areas or increasing the need for maintenance. 4. Color a. The dominant color of all buildings (including any above-grade parking structures) shall be muted shades of color. Black and stark white shall not be used except as an accent color. There are no restrictions on accent colors which comprise less than one percent (1.0%) of the building face, except that florescent colors are prohibited. b. Roof colors shall be a muted shade of cool gray, warm gray, brown or red. 5. Residential at-grade a. All buildings which have residential unit floor plates within six (6) feet of grade shall include a primary front door entrance into the unit which may be accessed from the sidewalk. Any change to this standard shall be considered a Major Waiver. b. The entry shall be located a minimum of two (2) feet above the sidewalk elevation and include a minimum twenty-four (24) square foot stoop. If pre-empted by topographic conditions, the entry may be lowered in Little Elm Zoning Ordinance – ARTICLE IV, SPECIAL DISTRICTS Page 86

elevation, subject to approval of the Director. However, up to fifty percent (50%) of units may be ADA accessible from the sidewalk provided there is a maximum four (4) foot largely transparent metal fence separating the private area from the public sidewalk area. Any change to this standard shall be considered a Major Waiver. c. Units must also include windows which provide residents a view of the street or public access easement and sidewalk area. Any change to this standard shall be considered a Minor Waiver if pre-empted by topographic conditions. d. Lobbies to upper stories may be located at grade level. e. Balcony and patio railings and fences shall be largely transparent and constructed of glass, wrought iron or metal. Masonry columns may be used on patios provided that they are used as accents. Wood fences and railings and chain-link fencing are prohibited. f. Townhouses shall meet the Town standards for that unit type. 6. Non-Residential at-grade a. The ground floor entry must be located at the approximate elevation of the adjacent sidewalk. b. Retail uses adjacent to the sidewalk at-grade shall: i. Be constructed to meet fire code separation from any other uses constructed above; ii. Have a minimum clear height of sixteen (16) feet between finished floor and the bottom of the structure above. Mezzanines within the retail space shall be allowed per Building Code; iii. Have an awning or canopy which extends at least six (6) feet over the sidewalk for at least seventy-five percent (75%) of the frontage on any portion of the primary facade. Such awning or canopy shall maintain a minimum seven and a half (7½) foot clearance over the sidewalk; and iv. Have highly transparent glass windows for at least sixty percent (60%), but no greater than eighty percent (80%), of the ground floor façade.

DIVISION 5 - PARKING AND ACCESSIBILITY A...... VEHCILE PARKING. 1. Intent. The following is the intent of the Town’s parking policies and this Code: a. Support the creation of Shared Parking in order to enable visitors to park once at a convenient location and to access a variety of commercial enterprises in a pedestrian and bicycle-friendly environment. b. Manage parking so that it is convenient and efficient, and supports an active and vibrant mixed use environment. c. Ensure ease of access to parking. d. Provide flexibility for changes in land uses which have different parking requirements within the District. e. Provide flexibility for the redevelopment of small sites. f. Avoid diffused, inefficient single-purpose reserved parking. g. Avoid adverse parking impacts on residential neighborhoods. h. Ensure that any parking structures do not dominate the public environment, by lining the edge of structures with residential or commercial uses where visible from public roads and open space. 2. Parking Requirements. Off-street facilities shall be provided in accordance with this subsection. a. Off-street parking spaces for the applicable use classification shall meet the following minimum number of spaces in Table 3 Parking Calculations. b. Parking Location. All off-street surface parking shall be located at least fifteen (15) feet behind the front façade which faces on a street or public open space, and shall be accessed by alley or short driveway between buildings. Any change to this standard shall be considered a Minor Waiver. c. At-Grade Parking. All at-grade parking lots fronting roadways shall be screened from view as outlined in Division 3E Streetscape and Landscape and Division 8 Landscape of this Code. Landscaping of the internal surface parking area shall not be required unless it is planned to serve as long term parking. In which case, such long term surface parking areas shall meet the requirements of Section VII.E Parking Lot Landscape. For the purpose of this Section, long term parking shall be determined by the Director, and may include parking which has a likelihood of being in place for a period of seven (7) years or more. d. Parking Calculations. The Shared Parking Factor for two (2) Functions, when divided into the sum of the two (2) amounts as listed on the Required Parking table below, produces the Effective Parking needed for each Little Elm Zoning Ordinance – ARTICLE IV, SPECIAL DISTRICTS Page 87

site involved in sharing. Conversely, if the Sharing Factor is used as a multiplier, it indicates the amount of building allowed on each site given the parking available.

ARTICLE IV, TABLE C LAKEFRONT PARKING CALCULATIONS Land Use Minimum Parking Requirements Residential 1 space per bedroom, up to 2 spaces per dwelling Lodging (hotel, inn) 1 space per bedroom Office, Retail, Restaurant 1 space pre every 400 square feet Civic and Other uses To be determined by minor waiver

ARTICLE IV, TABLE D LAKEFRONT SHARED PARKING FACTOR Residential Lodging Office Retail Residential 1 1.1 1.4 1.2 Lodging (hotel, inn) 1.1 1 1.7 1.3 Office 1.4 1.7 1 1.2 Retail 1.2 1.3 1.2 1 * Parking Requirements are based on at least ninety percent (90%) non-reserved stalls; otherwise, the requirement shall be 1/300 square feet for Office, Retail or Restaurant use. Note 1. Open space and civic space do not require parking. Note 2. Active recreation or sports facilities parking requirements shall be determined by minor waiver. Note 3. On-street parking shall not count toward meeting residential parking requirements.

e. Parking Garages. Where approved— i. Parking garages which are adjacent to a street shall be set back a minimum of fifty (50) feet and lined with buildings containing any permitted use but parking. ii. Off-street below grade parking is permitted to the lot lines, but must be designed to allow planting of landscape as defined in Section VII. Landscape. No below grade parking beneath a building shall be visible from the sidewalk f. Shared parking i. Uses may join in establishing shared parking areas if it can be demonstrated that the parking for two or more specific uses occurs at alternating time periods, or where shared parking is massed and configured in a way that increases its efficient use. Required parking shall be determined by a parking analysis study approved by the Director. ii. Shared parking shall be clearly designated with signs and markings. B...... BICYCLE PARKING. 1. Goals. Bicycle parking is required in order to encourage the use of bicycles by providing safe and convenient places to park bicycles. 2. Required Bicycle Parking. Bicycle parking shall be provided based on at least one (1) space for every ten (10) automobile parking spaces required as part of the Base Parking requirement in A.2 above. 3. Bicycle Parking Standards a. Location i. Required bicycle parking must be located within fifty (50) feet of an entrance to the building. With approval of a Minor Waiver, bicycle parking may be located in the public right-of-way. ii. Bicycle parking may be provided within a building, but the location must be easily accessible to bicycles. iii. Any bicycle parking in the public right-of-way should be located within the band created by street trees and pedestrian street lights, however, it must be placed in a manner that avoids conflicts with pedestrian and vehicular paths.

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b. Signs. If bicycle parking is not visible from the street, then a sign must be posted indicating the location of the bicycle parking facilities. 4. Standards for Bicycle Rack Types and Dimensions a. Rack Type. Bicycle rack types and standards shall be approved by the Town. b. Parking Space Dimensions i. Bicycle parking spaces must be at least six (6) feet long and two (2) feet wide, and in covered situations, the overhead clearance must be at least seven (7) feet. ii. An aisle for bicycle maneuvering must be provided and maintained beside or between each row of bicycle parking. This aisle must be at least five (5) feet wide. iii. Each required bicycle parking space must be accessible without moving another bicycle.

C...... ACCESSIBILITY THROUGHOUT THE DISTRICT AREA. All parcels within a project area shall be platted and laid out in a manner that ensures connectivity for pedestrian and automobile movement both within the project and to adjacent non-single family zoned properties.

DIVISION 6 - LIGHTING AND MECHANICAL A...... INTENT. It is the intent of this Section to provide a level and consistency of lighting that supports pedestrian activity and promotes safety, and to reduce the visual impact of mechanical equipment on the public realm.

B...... STANDARDS. 1. Average Lighting levels within project areas should be approximately: a. Urban Residential 3 foot-candles (fc) b. Urban Retail 6 fc c. Parking Areas 1.5 fc d. Street Intersections 3 fc e. Street Centerline 1.7 fc 2. Lighting elements shall be incandescent, metal Halide, halogen or LED in a white spectrum light. No HID or fluorescent lights (except fluorescent bulbs that screw into standard socket fixtures) may be used on the exterior of buildings. 3. All lighting shall be focused downward or narrowly focused on its intended target such as signs, parking and pedestrian walkways. No lighting source from a commercial activity shall be visible by a residential unit. 4. The entire District shall utilize the basic fixtures and furnishings in the public areas as are approved by the Town. 5. Mechanical and electrical equipment, transformers, meters, garbage containers and loading areas shall meet Town standards.

DIVISION 7 - LANDSCAPE A...... INTENT. Landscaping within the Lakefront Code shall comply with the provisions in this Section, the Town’s list of approved plant materials and with the standards contained in Article VI, Part Two, Landscaping of the Town’s Zoning Ordinance. Where conflicts exist between this District and the Zoning Ordinance, the requirements in this District shall be applied. It is the intent of this Section to: 1. Support the Comprehensive Plan’s goals for a Lakefront character 2. Provide the Town with a unique and identifiable streetscape corridor 3. Contribute to pedestrian safety and comfort 4. Reduce the amount of solar heat gain in paved and hard surface areas.

B...... STREET TREES. 1. Street trees may be planted between the sidewalk and the curb. They may also be planted within three feet of a curb, sidewalk or other structure, provided that they are selected from the Town’s Urban Tree list. 2. All required street trees shall be:

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a. At least three (3) inch caliper b. Single trunk c. Limbed-up to six (6) feet

C...... PLANT MATERIAL. Front yards shall be landscaped except at building entries, seating areas and adjacent to commercial uses, where the front yard may be paved. Plant materials shall consist of shade trees, ornamental trees, shrubs, evergreen ground covers, vines, and seasonal color in conformity with the Town’s list of approve plant materials and Article VI of the Town’s Zoning Ordinance. Applicants are encouraged to use palm trees or other hardy desert-type plants to enhance the Lakefront character.

D...... PAVING MATERIAL. 1. Paving material in front yards and on sidewalks shall be warm toned, natural materials such as brick, stone and concrete. 2. Asphalt and gravel as paving materials are prohibited.

E...... PARKING LOT LANDSCAPE. 1. Surface parking lots shall be screened to a minimum height of thirty (30) inches from all adjacent public streets and open space. The screen must extend along all edges of the parking lot and must be in conformity with screening standards set out in Article VI, Part Two, Landscaping of the Town’s Zoning Ordinance. It may be accomplished through the use of masonry walls, ornamental metal, evergreen plant materials, or a combination thereof. Planting beds for screen planting shall be a minimum of four feet in width. 2. Interior parking lot landscape shall also be consistent with Article VI, Part Two, Landscaping of the Town’s Zoning Ordinance. However, parking lots shall not exceed eight spaces in a row without being interrupted by a landscaped island (nine (9) foot minimum). Islands shall be planted with a minimum of one (1) shade tree for every eight (8) vehicle spaces. 3. No landscaping shall be required for the interior of structured parking facilities.

F...... DETENTION/RETENTSION PONDS . Detention/Retention ponds shall be designed in a manner as to be an amenity to the development and shall not require fencing.

G...... OPEN SPACE AND LANDSCAPING FOR RESIDENTIAL MIXED-USE PROJECTS. 1. In lieu of the Town’s requirement for open space and trees for residential development, a Green, Square or Plaza shall be provided and approved as part of the Regulating or Site Plan. (See Table 4 Open Space)

H...... OTHER LANDSCAPE REQUIREMENTS. 1. The Landscape Point System shall not apply to projects within the Lakefront District. 2. The requirement for a ten (10) foot landscape buffer between parcels shall not apply except where adjacent to single family zoned property.

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ARTICLE IV, TABLE E LAKEFRONT OPEN SPACE Green: An Open Space, available for unstructured recreation. A Green may be spatially defined by streets, landscaping and/or building frontages. Its landscape shall consist of lawn and trees.

Square: An Open Space available for unstructured recreation and Civic purposes. A Square is spatially defined by building frontages or streets. Its landscape shall consist of paths, lawns and trees, formally disposed. Squares shall be located at the intersection of important Thoroughfares.

Plaza: An Open Space available for Civic purposes and Commercial activities. A Plaza shall be spatially defined by building frontages. Its landscape shall consist primarily of pavement but include shade in the form of trees or structure. Plazas should be located at the intersection of important streets.

DIVISION 8 - SIGN STANDARDS A...... INTENT. The intent of this Section is to establish architectural controls, limit clutter and regulate commercial and locational signage. It is also intended to help enliven retail and restaurant mixed-use areas. These standards should not be interpreted to prevent a for-sale sign, a political sign, or a non-commercial sign that is an exercise of non-commercial freedom of speech. Commercial and locational signage within the District are limited, regulated and controlled as provided in this Code, and all other signage shall be subject to the requirements of such Town ordinances, rules and regulations that are in effect from time to time.

B...... SIGNS, GENERAL STANDARDS. 1. General Standards a. Signage may only be externally lit with full-spectrum source, unless otherwise approved. b. One address number, no more than six (6) inches vertically, shall be attached to the building in proximity to the principal entrance.

C...... PROHIBITED SIGNS. 1. The following signs shall not be allowed: a. Off-Premise signs b. Internally lit sign boxes c. Flashing or running light signs d. Pole signs 2. Signs shall not be mounted on roofs or project above roof line without approval of a Minor Waiver, and it is determined to make a positive contribution to the district as a whole.

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D...... PERMITTED SIGNS. 1. Wall Signs a. One Wall Sign per occupancy, per street frontage. b. Maximum size is thirty (30) square feet if located twelve (12) feet or higher above grade; ten (10) square feet if less than twelve (12) feet above grade. c. Minimum ten (10) foot distance between Wall Signs (excluding Building Identification Sign or Directory Sign). d. In addition, one (1) wall-mounted sign, not exceeding six (6) square feet in area, is permitted on any side or rear entrance open to the public. Such wall signs may only be lighted during the operating hours of business. 2. Projecting and Hanging Signs, including graphic or icon signs, mounted perpendicularly to the wall. a. A maximum of one (1) per occupancy per building face. b. A maximum area of six (6) square feet per face; and a maximum of three (3) feet in width. c. Distance from the ground to the lower edge of the sign shall be seven and one half (7½) feet or greater. d. Minimum fifteen (15) foot distance between signs. e. The height of the top edge of the signboard shall not exceed the height of the wall from which the sign projects, if attached to a single story building; or the height of the sill or bottom of any second story window, if attached to a multi-story building unless approved by Minor Waiver. 3. Window Signs a. The sign shall not exceed thirty percent (30%) of the window area. b. Neon signs are allowed behind windows in commercial areas, but shall count toward the allowed window sign area. 4. Building Identification Signs a. One (1) per building face. b. Must be twelve (12) feet or higher above sidewalk level. c. Maximum size twenty-five (25) square feet. d. Twenty-four (24) inch maximum height for letters or logos. e. Applied letters shall be constructed of painted cast metal, bronze, brass, or anodized aluminum. Applied plastic letters are not permitted. 5. Awning Signs (for ground floor uses only) a. One (1) per occupancy per building face. b. Minimum eight (8) feet above sidewalk level for pedestrian clearance. c. Ten (10) square feet maximum sign area. d. If acting as an auxiliary business sign, it shall be located on the valance only, and the height of the lettering shall not exceed four (4) inches. e. If acting as the main business sign, it shall not be in addition to a wall-mounted sign. 8. Restaurants and Cafes a. In addition to other signage, restaurants and cafes shall be permitted the following, limited to one (1) of each type of sign per business: b. A wall-mounted display featuring the actual menu as used at the dining table, to be contained within a shallow wood or metal case, and clearly visible through a glass front. The display case shall be attached to the building wall, next to the main entrance, at a height of approximately five (5) feet, shall not exceed a total area of three (3) square feet, and may be lighted. c. An A-frame sidewalk sign displaying the name of the eatery, offerings and hours of operation. d. Restaurant and retail areas may have a neon or special designed exterior sign, if approved by the CRC. 6. Monument Signs a. Monument Signs shall only be allowed adjacent to the Eldorado Right-of-way. b. Architecturally compatible Monument signs shall not exceed six (6) feet in height or eight (8) feet in length. c. Vertically oriented Monument signs may also be allowed by Minor Waiver where it is deemed that such signs will enliven the area. 7. Building Directory Signs a. One per entrance. b. The sign shall be located next to the entrance. Little Elm Zoning Ordinance – ARTICLE IV, SPECIAL DISTRICTS Page 92

c. The sign shall project out from the wall to which it is attached no more than six (6) inches. d. The sign shall not extend above the parapet, eave or building façade. e. Maximum size shall be eight (8) square feet.

DIVISION 9 – LAKEFRONT PROCEDURES A...... INTENT. It is the intent of this Section to off-set the high level of detailed standards in this Code with an expeditious approval of projects which meet its general goals and intent, and: 1. To ensure adequate linkages and connections within and between project areas, and 2. To ensure consistency and quality of design through use of professional review assistance.

B...... REVIEW PROCESS. 1. A Review Committee (“Committee”) shall be established to provide guidance of interpretation of the Lakefront Code and make recommendations on significant issues that may arise. It is not intended to meet and review every administrative or legislative application that comes forward within the District. The Committee shall be comprised of the following: . Director of Development Services (“Director”) . Director of Economic Development (“EDC Rep”) . Planning Manager (serving as “Urban Design Officer” or “UDO”) . Town Engineer (“Engineer”) . A Representative of the Town Council (“Council Liaison”) 2. The Urban Design Officer (UDO) shall serve as a technical advisor to the Director and the Committee. The UDO shall be the Planning Manager and a portion of the expense of the UDO’s services will be borne by development fees paid to the Town for development of land within the Lakefront District. 3. The Director shall coordinate with the UDO and Committee, and have staff administrative jurisdiction over any processes authorized under the Lakefront Code. The Director of Development Services, the UDO and the Committee shall be expeditious in their review and advance the permitting process by undertaking any action consistent with this code, State law, and the Town Charter to facilitate the permitting process.

C...... REGULATING PLAN. 1. Approval of a Regulating Plan is required prior to approval of a Site Plan for any portion of a multi-phased project site area. 2. The Regulating Plan provides the framework for development and serves as a conceptual layout of a project area. It shall include such things as: a. Street and access lanes within the project area and connections to adjacent non-single family zoned properties; b. The location of general land use sites and for identification of retail at-grade; c. Public open space and plazas; and d. Hike and Bike corridors and trails. 3. An application for a Regulating Plan shall be processed in accordance with the Town’s procedures for determining whether an application is complete. Following a determination of completeness, and unless the application is accompanied by a request for a Major Waiver, the Director, or his designee, shall approve, approve with conditions or deny the application for a Regulating Plan and shall notify the applicant of his decision. In his deliberations, the Director may consider a recommendation from the UDO. 4. Denial or conditional approval of a Regulating Plan by the Director may be initially appealed to the Planning and Zoning Commission and, following the recommendation of the Commission, to the Town Council. The appeal shall be filed within thirty (30) days of the date of the Director’s action on the application for approval of a Regulating Plan. 5. If the application includes a request for a Major Waiver, the Director shall request a recommendation from the UDO and if appropriate the CRC, and schedule the application for hearing before the Planning and Zoning Commission with his recommendation on the application. The Planning and Zoning Commission, following a

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public hearing, shall forward its recommendation to the Town Council for hearing on the application and waiver request. The Town Council, following a public hearing, shall approve, approve with conditions or deny the application for a Regulating Plan and the Major Waiver request. The notice and hearing procedures for approval of a Specific Use Permit shall be used to process the Regulating Plan and Major Waiver application. 6. The Director in making an initial decision on a Regulating Plan application, the Planning and Zoning Commission in making recommendations to the Town Council, or the Town Council in deciding the application for Regulating Plan approval, shall determine whether the Plan is consistent with the Comprehensive Plan and meets the goals and intent of the Lakefront Code.

D...... SITE PLAN. 1. Prior to obtaining a Building Permit, a Site Plan must be approved by the Director or Town Council, demonstrating that the proposal meets the goals, intent and general standards contained in this Code. 2. A Site Plan application must include the following information and documents that demonstrate compliance with the Lakefront Code: a. Detailed Site Plan showing proposed streets, buildings, parking areas, and landscaped areas b. Proposed Uses c. Building Elevations and Sections d. Proposed Parking Calculations e. Any Waivers being requested 3. An application for a Site Plan shall be processed in accordance with the Town’s procedures for determining whether an application is complete. Following a determination of completeness, and unless the application is accompanied by a request for a Major Waiver, the Director, or his designee, shall approve, approve with conditions or deny the application for a Site Plan and shall notify the applicant of his decision. In his deliberations, the Director may consider a recommendation by the UDO. 4. Denial or conditional approval of a Site Plan by the Director may be initially appealed to the Planning and Zoning Commission and, following the recommendation of the Commission, to the Town Council. The appeal shall be filed within thirty (30) days of the date of the Manager’s action on the application for approval of a Site Plan. 5. If the application includes a request for a Major Waiver, the Director shall request a recommendation from the UDO and if appropriate the CRC, and schedule the application for hearing before the Planning and Zoning Commission with his recommendation on the application. The Planning and Zoning Commission, following a public hearing, shall forward its recommendation to the Town Council for hearing on the application and waiver request. The Town Council, following a public hearing, shall approve, approve with conditions or deny the application for a Site Plan and the Major Waiver request. The notice and hearing procedures for approval of a Specific Use Permit shall be used to process the Site Plan and Major Waiver application. 6. The Director in making an initial decision on a Site Plan application, the Planning and Zoning Commission in making recommendations to the Town Council, or the Town Council in deciding the application for Site Plan approval, shall determine whether the Plan is consistent with the Regulating Plan for the property (if there is one), and meets the goals, intent and standards of the Lakefront Code.

E...... WAIVERS OF DESIGN STANDARDS. 1. For the purposes of this District, there shall be two types of Waivers of Design Standards — Minor and Major. Requests for waivers shall not be subject to review or decision by the Board of Adjustment. A waiver request may only be made in conjunction with an application for a Regulating Plan, a Site Plan or subsequent to approval of a Site Plan. 2. Minor Waivers are those changes to design standards in the Lakefront Code that are determined to meet the goals and intent of this Code as stated in Section I and throughout this Code. Minor Waivers may be approved administratively by the Director or his designee. 3. Major Waivers are major changes to the design standards in the Lakefront Code or which may appear to be in conflict with the goals and intent of this Code. Major Waivers may only be approved by the Town Council, following a recommendation by the UDO and the Planning and Zoning Commission, in conjunction with a decision on an

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application for approval of a Regulating Plan or Site Plan. In order to approve a Major Waiver, the Town Council must find that the Waiver: a. Meets the general intent of this District, and B. Is consistent with the overall plan and vision for the District, and c. Will result in an improved project which will be an attractive contribution to the Lakefront District. 4. The Town may impose conditions on granting any Waiver in order to implement the Regulating Plan for the property or to mitigate negative impacts to neighboring properties or public streets or open space.

F...... AMENDMENTS TO THE REGULATING PLAN. 1. Amendments to an approved Regulating Plan or Site Plan may be accomplished in the same manner as approval of the original approval, and may be accompanied by a request for Major or Minor Waivers. 2. An amendment to an approved Regulating Plan or Site Plan must be made prior to the time for lapse of approval provided in Subsection G below. In the event an amended plan is approved, the approving authority amending the plan shall specify the time for lapse of such approval, consistent with Subsection G.

G...... LAPSE OF APPROVAL. If a Building Permit has not been obtained within two (2) years following approval of a Regulating Plan or Site Plan, such plan shall lapse unless the property owner requests an extension prior to the expiration of the two-year period. The request for extension shall be considered by the original approving authority in the same manner as for approval of the existing Plan. The authority may grant an extension of the time for expiration of the Plan for a period not to exceed two (2) years from the date of expiration of the original application. Every request for extension shall include a statement of the reasons why the expiration date should be extended. The approving authority may grant a request for extension upon demonstration that circumstances beyond the control of the applicant have resulted in the applicant’s inability to perform the tasks necessary to prevent the Plan from expiring before the lapse date.

H ...... GRAPHICS INCORPORATED INTO CODE. Any and all graphics from the approved Form Based Codes document not supported by textual technological limitations are hereby codified as supporting material by reference.

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106.04.03 ...... Planned Development Districts. (a) Purpose. The purpose of a planned development district is to allow and encourage the highest and best use of land, to encourage walkable neighborhoods that include residential, employment and retail opportunities within a relatively compact geographic area, and to allow a mixture of land uses, development standards, innovative techniques and materials that would not be allowed within a single zoning district.

(b) Use Regulations. The Town Council, after public hearing and proper notice to all parties affected and after recommendation from the Planning and Zoning Commission, may authorize the creation of the following types of planned development districts for the following: (1) Service, retail, office or residential uses on tracts of three (3) acres or more. (2) Industrial uses on tracts of ten (10) acres or more. (3) Medical center, hospital, or institutional uses of tracts of three (3) acres or more. (4) A combination of any of the above uses. (5) PD-Planned Developments can be used as transition districts whereby the provision of off-street parking, screening walls, open space, and planting would create a protective transition between a lesser or a more restrictive district and a more intense use or district.

(c) Height and Area Regulations. In said PD-Planned Development District the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family on any lot shall generally be in conformity to the height and area regulation specified in the various district regulations of the zoning ordinance of the Town; however, the Commission shall establish specific height and area regulations as may be applicable to implement and adjust the planned development.

(d) Connectivity. PD-Planned Developments that are all or in part nonresidential shall provide pedestrian and/or bike access to the nearest residential community.

(e) Paving Regulations. In said PD-Planned Development District the minimum off-street parking and loading regulations shall be a concrete paved surface and shall generally be in conformity to parking regulations specified in the various district regulations of the Zoning Ordinance of the Town; however, the Planning and Zoning Commission shall establish reduced parking regulations as may be applicable to implement and adjust the planned development.

(f) Application. An application for a PD-Planned Development District may be made to the Planning and Zoning Commission in the same manner that an application for a zoning map amendment is made. Applications for approval of a PD-Planned Development District shall be processed according to the procedure specified herein and a conceptual plan and related data shall be submitted for approval in accordance with the requirements set out in the development schedule below.

(g) Procedure for Establishing Standards. In approving the ordinance and the associated conceptual site plan establishing the PD-Planned Development District, the Town Council shall, after recommendation by the Planning and Zoning Commission, specify such maximum height, floor-area ratio, density, and minimum off-street parking and loading standards within the limits of those specified in the districts listed for the specific uses involved as is appropriate for the development. The Town Council shall, after receiving the recommendation of the Planning and Zoning Commission, establish the standards for yards, signs, building spacing, site coverage, access, screening walls or landscaping, building area, open space, pedestrian ways, public or private streets, and alleys to be observed in a PD-Planned Development District and such standards shall be specified in the ordinance establishing the district.

(h) Standards of the Zoning Ordinance. Any development standard that is not specifically spelled out in the PD- Planned Development ordinance shall revert to the standards of the underlying zoning district, as it exists or may be amended.

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(i) Innovation. The PD-Planned Development process is designed to encourage innovation in design and layout of the proposed development. Creative use of materials, siting, landscaping, and hardscaping will be considered as part of the development regulations.

(j) Parking Reductions Available. Applications for a PD-Planned Development District may submit a plan for an up to twenty percent (20%) reduction in parking based on shared parking among the expected uses. Sufficient documentation shall be submitted along with the proposed development regulations to justify any reduction in parking off the standards listed in Sections 106.06.44, “Off-Street Parking Standards – Non-Residential and Multi- Family Districts” and 106.06.45, “Parking Requirements per Land Use” of the Zoning Ordinance.” The Director’s decision regarding parking reductions is final.

(k) Conceptual Plan Required. An application for a PD-Planned Development District shall include and be accompanied by a conceptual plan which shall become a part of the amending ordinance and shall be referenced on the zoning district map. (See Section 106.02.14, “Conceptual Plan Approval,” for more information). Changes in the conceptual plan shall be considered the same as changes in the zoning district map and shall be processed as required except that changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted or increase the density, floor-area ratio, height or coverage of the site, or which do not decrease the off-street parking ratio, or reduce the yards provided at the boundary of the site as indicated on the approved conceptual plan may be authorized by the Planning and Zoning Commission. Any applicant may appeal the decision of the Planning and Zoning Commission to the Town Council for review and decision as to whether an amendment to the PD-Planned Development District ordinance shall be required.

(l) Planned Development District Approval. Every PD-Planned Development District approved under the provisions of this Chapter shall be considered as an amendment to the Official Zoning Map as applicable to the property involved. In carrying out the development of a PD-Planned Development District, the development conditions and the development schedule, if required, shall be complied with and such conditions as are specified for the development of a PD-Planned Development District shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be construed as conditions precedent to the granting of a certificate of occupancy and compliance.

(Ord. No. 226, § 8.18, 10-20-1986)

Little Elm Zoning Ordinance – ARTICLE IV, SPECIAL DISTRICTS Page 97

106.04.04 ...... Floodplain Overlay District. (a) Flood Plain Prefix. To provide for the appropriate use of land that has a history of inundation or is determined to be subject to flood hazard, and to promote the general welfare and provide protection from flooding, portions of certain districts are designated with a Flood Plain Prefix, "FP." Areas designated on the Zoning District Map by an "FP" Prefix shall be subject to the following provisions:

(b) Uses Permitted. The permitted uses in that portion of any district having a Flood Plain ("FP") prefix shall be limited to the following: (1) Agricultural activities including the ordinary cultivation or grazing of land and legal types of animal husbandry. (2) A maximum of fifty percent (50%) of the required parking for a development may be located at or above the 534 foot elevation line, subject to review and approval by the Director. The remainder of the parking must be located above the floodplain line (537 foot elevation). (3) Electrical substations. (4) All types of local utilities including those requiring Specific Use Permits when approved as provided in Section 106.02.17, “Specific Use Permit Approval.” (5) Parks, community centers, playgrounds, public golf courses. (6) Private open spaces. (7) Heliports when approved by a Specific Use Permit as provided in Section 106.02.17, “Specific Use Permit Approval.”

(c) Flood Plain Requirements. In addition to the provisions of this Zoning Ordinance applicable to the zoning district in which the subject land is located, the use and development of land located within an area of special flood hazard or controlled flood protection shall be subject to the provisions of Chapter 54 of the Code of Ordinances, as amended. In the event of any irreconcilable conflict between the provisions of this Zoning Ordinance and said Chapter 54, the provisions of said Chapter 54 shall control.

Little Elm Zoning Ordinance – ARTICLE IV, SPECIAL DISTRICTS Page 98

106.04.05 ...... Manufactured Home District. (a) Use Regulations. No building, structure, land or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in Section 106.05.01(a), “Schedule of Use - Residential.” (1) Permit required. Mobile home parks and recreational vehicle parks shall be permitted with a zoning change as defined in Section 106.02.11, “Map Amendments to the Zoning Ordinance.” (2) Screening from other uses. Each mobile home or recreational vehicle park boundary, except those adjacent to a street or highway right-of-way, shall be provided with a continuous natural or artificial barrier. (3) Water supply. Mobile home parks and recreational vehicle parks shall provide an adequate supply of pure water to all mobile home or recreational vehicle spaces within said parks in accordance with applicable ordinances. Each individual mobile home space shall be provided with a cold water tap not less than four inches above the ground. All plumbing work performed within a mobile home or Recreational Vehicle Park shall comply in all respects with the requirements of the plumbing code, as revised. (4) Sewage disposal. i. Wastewater from showers, bathtubs, flush toilets, lavatories, and laundry facilities within the service and/or other buildings within the mobile home or Recreational Vehicle Park, in addition to dump station facilities, shall be discharged into a public sewer system in compliance with applicable ordinances. ii. Each mobile home or recreational vehicle space located within a mobile home or recreational vehicle park facility shall be provided a trapped sewer not less than four inches in diameter. The trapped sewer in each mobile home or recreational vehicle space shall discharge wastewater into a public sewer system in compliance with applicable ordinances. (5) Electrical service. Electrical service to individual mobile home spaces and recreational vehicle spaces, in addition to any service and/or office buildings, shall conform to those requirements specified in the most recently adopted edition of the National Electrical Code. (6) Garbage receptacles. i. Within mobile home or recreational vehicle parks, trash dumpsters and/or garbage cans possessing secure covers shall be provided in quantities adequate to permit disposal of all garbage and rubbish. Such garbage receptacles shall be located not farther than 300 feet from any mobile home or recreational vehicle space. These receptacles shall be maintained in sanitary conditions at all times. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary to ensure that said receptacles shall not overflow. ii. Fees for collection and disposal of garbage shall be in accordance with the applicable ordinance governing and regulating residential refuse services. (7) Fire protection. i. Fire extinguishing equipment required. Each mobile home or recreational vehicle park shall be equipped at all times with fire extinguishing equipment in good working order, of such type, size and number located within the park as to satisfy applicable regulation as stated in the fire code. No open fires shall be permitted in any place which may endanger life or property. No open fires shall be unattended at any time. ii. Fire hydrants required. Standard fire hydrants, in workable condition, shall be located within 500 feet of each mobile home or recreational vehicle space. All such fire hydrants shall be connected to not less than a six inch diameter water line. iii. Individual mobile home or recreational vehicle space numbering system required. Within all mobile home and recreational vehicle parks, each mobile home or recreational vehicle space shall be assigned a unique letter and/or number description. Such numbering or lettering shall be not less than three inches in size and of a reflective and shall be displayed on the mobile home or recreational vehicle space in a conspicuous location, visible from the internal circulation road which abuts the front yard of the mobile home or recreational vehicle space. iv. Park directory required. All mobile home or recreational vehicle parks, as herein defined, shall provide in a conspicuous location at each entrance to a public right-of-way a diagram displaying the location of each mobile home or recreational vehicle space within the park. The location of such diagram shall Little Elm Zoning Ordinance – ARTICLE IV, SPECIAL DISTRICTS Page 99

be identified by a blue light which will be clearly visible to anyone entering the park. The diagram of the park layout shall be enclosed in a weatherproof facility.

(b) Definitions. For purposes of this section, the following definitions shall apply: Licensee means any person licensed to operate and maintain a manufactured home or recreational vehicle park under the provisions of this Chapter. Manufactured Home Park means and includes any area used, owned or operated by any person, association of persons, firm or corporation for the purpose of locating thereon any mobile or HUD-Code manufactured home. Manufactured home space means a plot of land within a manufactured home park designed for the accommodation of one manufactured home in accordance with the requirements of this Chapter. Natural or artificial barrier means any embankment, fence, hedge, or other feature that serves to block direct pedestrian access or visibility. Owner is to include the person in whose name the title to the lot, block, tract, or parcel of land is shown to be. Operator is defined to include the person in charge of operating any manufactured home, either under written or verbal lease, or any other arrangements whereby he exercises control over the premises. Person means any natural individual, firm, trust, partnership, association, or corporation. Recreational vehicle may be constructed as including any of the following: Camping trailer is a canvas, folding structure mounted on wheels and designed for travel, recreation and vacation use. Motor home is a portable, temporary dwelling to be used for travel, recreation, and vacation, constructed as an integral part of a self-propelled vehicle. Pick-up coach is a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, and vacation. Recreational Vehicle Park means any lot or tract of land designed to accommodate two or more recreational vehicles as defined and which exists as a privately owned/operated enterprise for the purpose of realizing a monetary profit. Recreation vehicle space means a plot of land within a recreational vehicle park designed for the accommodation of one recreational vehicle in accordance with the requirements of this Chapter. Travel trailer means a vehicular structure build on a chassis with body width less than eight feet and body length less than thirty-two (32) feet, said structure designed to be transported and intended for human occupancy as a dwelling for short periods of time and containing limited or no kitchen or bathroom facilities.

(c) Mobile Home Park District Regulations. In the Manufactured Home Park District (MH-2) a park storage building, office, caretaker's quarters, laundry house, or other support structure or building for the mobile home park in general shall comply with the minimum setback requirements for the main building. (1) Special permit requirement. i. Application for special permit. In the event that a special permit shall be required, application for said permit shall be made to the Council, such application to be filed with a complete plan (in triplicate) of the mobile home or recreational vehicle park facility in conformity with this Chapter, development plans and specifications. Plans and specifications of all buildings, improvements, and facilities constructed or to be constructed within the mobile home or recreational vehicle park shall be provided in triplicate. Such application for special permit shall be subject to the review and approval procedure as determined by the Town. ii. Transfer of special permit. An existing special permit may be transferred from one individual or corporation to another individual or corporation without a public hearing, upon application to the Town Council. (2) License. It shall be unlawful for any person to maintain or operate a mobile home or recreational vehicle park within the limits of the Town, unless such person shall first obtain a license as issued by the Building Official. Such license shall be valid for a period not to exceed one year and is subject to renewal upon expiration. (3) License fees. Refer to the Town’s Schedule of Fees f or current license fees. Little Elm Zoning Ordinance – ARTICLE IV, SPECIAL DISTRICTS Page 100

(4) Application for license. i. Application for initial license. An application for initial development of a mobile home park or recreational vehicle park shall be filed with and issued by the Building Official. The application shall be in writing, signed by the applicant, and shall include the following: ii. The name and address of the applicant. iii. The location and legal description of the mobile home or recreational vehicle park. iv. A complete plan of the subject park in conformity with the requirements of this Chapter. v. Plans and specifications of all buildings, improvements, and facilities constructed or to be constructed within the mobile home or recreational vehicle park. vi. Evidence of special permit approval, if required. vii. Such additional information as may be required by the Building Official to facilitate a determination as to compliance of the proposed park with established legal requirements. The application and all accompanying plans and specifications shall be filed in triplicate. The Building Official shall inspect the application and the proposed plans and specifications. In the event that the proposed mobile home or recreational vehicle park will, when constructed or altered in accordance with such plans and specifications, be in compliance with all provisions of this Chapter and all other applicable ordinances and statutes, the Building Official shall approve the application, and upon completion of the park according to the plans, shall issue the license. viii. In those instances in which a mobile home or recreational vehicle park is proposed for development which fails to reasonably satisfy particular requirements as herein prescribed, a variance to certain of these requirements may be requested of the Board of Adjustment. Those requirements for which a variance may be granted, in addition to the procedure governing the operation of the Board of Adjustment are delineated in the Board of Adjustment, zoning ordinance of the Town. ix. Application for renewal license. Upon application in writing by a licensee for renewal of a license and upon payment of the annual license fee, the Building Official, shall conduct an on-site inspection of the subject mobile home or recreational vehicle park to ascertain compliance with the requirements established in this Chapter. Subsequent to a determination of compliance, the Building Official shall issue a certificate renewing such license for another year. x. Transfer of license. Upon application in writing for a transfer of license, the provision of evidence of special permit transfer, if required, and payment of the license transfer fee, the Building Official shall issue a transfer of license. xi. Expiration date of license. All licenses issued under the terms and conditions of this Chapter shall expire on December 31st following the issuance date. xii. Nonconforming mobile home or recreational vehicle parks. Such mobile home or recreational vehicle parks lawfully in operation on the effective date of the ordinance from which this Chapter is derived and not in compliance with those regulations established herein, may, upon application to the Building Official for license renewal be permitted to continue that operation as a nonconforming mobile home or recreational vehicle park facility. Any expansion and/or extension of said nonconforming mobile home or recreational vehicle park, however, is subject to and shall be in compliance with the regulations established in this Chapter. xiii. Mobile home plats. Mobile home plats shall not be constructed in phases, but shall be completed as one unit. (5) Location. Mobile home parks may be located only in conformity with the comprehensive zoning ordinance of the Town and, in addition to the requirements contained herein, each boundary of the park must be at least 200 feet from any permanent residential building located outside the park, unless separated therefrom by a natural or artificial barrier, or unless a majority of the property owners according to area within said 200 feet consent in writing to the establishment of the park, provided, however, that the provisions of this section shall not apply to mobile home parks already in existence and operation at the time of the passage of this Chapter. (6) Mobile home park regulations. The regulations described herein govern the development, operation, and maintenance of those mobile home parks which exclusively accommodate mobile home uses as previously defined and do not provide facilities to accommodate recreational vehicles, as defined below: Little Elm Zoning Ordinance – ARTICLE IV, SPECIAL DISTRICTS Page 101

i. The park shall be located on a well-drained site, properly graded to ensure rapid drainage and freedom from stagnant pools of water. ii. Mobile home spaces shall be provided consisting of a minimum of 2,500 square feet for each space which shall be at least forty (40) feet wide and clearly defined; provided, however, that mobile home parks in existence on the effective date of the ordinance from which this Chapter is derived which provide mobile home spaces having a width or area less than that hereinabove prescribed may continue to operate with spaces of the existing width and area, but in no event shall any mobile home space be less than twenty-five (25) feet wide and have an area of less than 1,250 square feet. iii. Mobile homes shall be so harbored on each space that there shall be at least a twenty-five (25) foot clearance between mobile homes, provided, however, that with respect to mobile homes parked end- to-end, the end-to-end clearance may be less than fifteen (15) feet but shall not be less than ten feet. No mobile home shall be located closer than fifteen (15) feet from any building within the park or from any property line bounding the park. iv. All mobile home spaces shall abut upon a driveway of not less than twenty (20) feet in width, which shall have unobstructed access to a public street, alley or highway. v. Concrete walkways not less than five (5) feet in width shall be provided from the mobile home spaces to the service buildings. vi. All driveways and walkways within the park shall be constructed of concrete and be illuminated at night with electric lamps. See Article VI, Part Five, Lighting for more information. vii. It shall be unlawful for any person operating a mobile home park or occupying a mobile home to construct or permit to be constructed within such park any site-built addition to a mobile home. Manufactured components and awnings of canvas or metal, suitably constructed, may be attached to a mobile home. viii. One accessory building per mobile home space shall be permitted, provided that said building is located within a rear or side yard and is not placed within twenty (20) feet of any mobile home space lot line. ix. The distance from any part of a mobile home to an internal road or street shall be at minimum ten feet. x. Not less than eight percent of the gross land area within the mobile home park site is to be utilized for common recreation purposes. No recreation areas shall be comprised of less than 2,500 square feet. xi. All site-built structures located within the mobile home park shall be constructed and/or placed in compliance with the building code. xii. The mobile home park development plan shall comply with all applicable requirements as stated in the subdivision ordinance. xiii. Each park shall provide service buildings to house such toilet, bathing and other sanitation facilities and such laundry facilities as are hereinafter more particularly prescribed. xiv. An electrical outlet supplying at least 110 volts shall be provided for each mobile home space. (7) Service buildings for mobile home parks (laundry and sanitation facilities). i. The provision of common laundry facilities is not required in mobile home parks exclusively serving mobile home uses, as previously defined. In the event that common laundry facilities are to be provided within a mobile home park, toilet and lavatory accommodations are to be afforded in accordance with the building code. ii. The provision of sanitation facilities (i.e., showers, dressing accommodations, toilets, lavatories) is not required in mobile home parks exclusively serving mobile home uses as previously defined. (8) Foundation requirements. All mobile home foundations shall be adequately enclosed or skirted and tied down within sixty (60) days of permit date. (9) Completion bonds. Mobile home builders/developers are to post completion bonds equal to 100 percent of the value of the roads for the entire mobile home park.

(d) Recreational Vehicle (RV) Park Regulations. The regulations described herein govern the development, operation, and maintenance of recreational vehicle parks, as previously defined. Little Elm Zoning Ordinance – ARTICLE IV, SPECIAL DISTRICTS Page 102

(1) RV park development requirements. Recreational vehicle parks shall be developed to conform to those requirements as herein delineated: i. Recreational vehicle parks shall be designed so as not to exceed a maximum of twenty (20) units per acre. ii. No minimum area is established for a recreational vehicle space except that utility hookups shall be located such that a ten foot clearance shall be maintained between recreational vehicle when parked. iii. Not less than eight percent of the gross land area within the park site is to be utilized for common recreational purposes. iv. Internal streets shall be paved and shall exhibit the appropriate dimension as required in the following: a. One-way, no parking, eleven (11) feet, (acceptable only if park provides less than twenty-five (25) spaces); b. One-way, parking on one (1) side only, eighteen (18) feet, (acceptable only if park provides less than fifty (50) spaces); c. Two-way, no parking, twenty-four (24) feet; d. Two-way, parking on one (1) side only, twenty-seven (27) feet; e. Two-way, parking on either side, thirty-four (34) feet. (2) RV parking. Spaces shall be provided at the park office that will accommodate five (5) recreational vehicles. Each recreational vehicle space shall afford parking and maneuvering space sufficient such that the parking, loading, etc., of recreational vehicles shall not necessitate the use of any public right-of-way or privately owned property, which may abut the park. i. Each recreational vehicle space provided with electrical service shall be so served through an underground distribution system. The park office and/or service building may receive electrical service as provided through overhead facilities. ii. Each recreational vehicle park shall provide, at minimum, one sanitary disposal site (i.e. dump station) which discharges into the town sewage system. iii. All site-built structures located within the recreational vehicle park shall be constructed and/or placed in compliance with the building code. iv. The recreational vehicle park development plan shall comply with all applicable requirements as stated in the subdivision ordinance. (3) Service buildings for RV parks (laundry and sanitation facilities). Each recreational vehicle park shall provide one (1) or more service buildings for the use of park patrons. Said service buildings shall provide for: i. One flush toilet for women; ii. One flush toilet for men; iii. One lavatory for each sex; iv. One shower and dressing accommodation for each sex, provided in an individual compartment or stall; v. One washing machine; vi. One slop sink, not less than fourteen by fourteen (14 × 14) inches square and fourteen (14) inches deep. vii. The aforementioned amenities shall accommodate not more than twelve (12) recreational vehicle spaces. For each additional ten (10) recreational vehicle spaces or fraction thereof, one (1) flush toilet, one (1) shower with individual dressing accommodations, and one (1) lavatory shall be provided for each sex, with laundry and slop sink facilities as described in subsections (e) and (f) of this section to be provided for each additional twelve (12) recreational vehicle spaces. (4) Service buildings providing the afore noted facilities shall satisfy such requirements as include: i. Service buildings housing sanitation and/or laundry facilities shall be permanent structures which comply with all applicable statutes regulating buildings, electrical installation, plumbing, and sanitation systems. ii. Service buildings shall afford appropriate illumination, shall be well ventilated with screened openings, shall be constructed of such moisture-proof material, to include painted woodwork, as shall permit frequent cleaning and washing, and shall be maintained at a temperature not less than sixty- Little Elm Zoning Ordinance – ARTICLE IV, SPECIAL DISTRICTS Page 103

eight degrees (68°) during the period October 1st through May 1st. Floors shall be constructed of concrete or other equally impervious material, easily cleanable, and provided with floor-drains which are connected to the sanitary sewer. iii. The toilet and other sanitation facilities for males and females shall be either in separate buildings or shall be separated, if in the same building, by a soundproof wall. iv. All service buildings and park grounds shall be maintained in a clear, slightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance. v. Service buildings housing sanitation facilities shall be located not closer than fifteen (15) feet nor farther than 200 feet from any recreational vehicle space within the park. (5) RV combined accommodations. In the event a mobile home park is proposed to provide facilities to accommodate recreational vehicles, the following regulations shall apply: i. Those accommodations serving the recreational vehicles and mobile homes shall be physically separate and distinct, with the recreational vehicle facilities provided separate access to a public right- of-way such that recreational vehicle traffic does not intrude into the residential portion of the park occupied by mobile homes. ii. Within those portions of the mobile home park proposed for recreational vehicle use, those requirements as specified in recreational vehicle park regulations, shall apply. iii. Within those portions of the mobile home park proposed for mobile home use, those requirements as specified in mobile home park regulations, shall apply. (6) Animals and other pets in RV parks. No owner or person in charge of any dog, cat or other pet animal shall permit such animal to run at large or commit any nuisance within the limits of any mobile home or recreational vehicle park. (7) Registration of occupants in RV parks. It shall be the duty of each licensee to maintain a register containing a record of all mobile home or recreational vehicle owner/occupants located within mobile home or recreational vehicle parks. The register shall contain the following information: i. The name and address of each mobile home or recreational vehicle occupant. ii. The name and address of the owner of each mobile home or recreational vehicle within the park. iii. The make, model, year, and license number of each mobile home or recreational vehicle located within the park. iv. The state, territory, or country issuing such licenses as noted in subsection (c) of this section. v. The date of arrival and of departure of each mobile home or recreational vehicle. (8) RV park registration list inspection. The park shall keep the register available for inspection at all times by law enforcement officers, public health officials, and other officials whose duties necessitate acquisition of the information contained in the register. The register record for each occupant registered shall not be destroyed for a period of three years following the date of departure of the registrant from the park. (9) RV park supervision. The licensee, or duly authorized attendant or caretaker, shall be in charge at all times to maintain the RV park, its facilities, and equipment in a clean, orderly, and sanitary condition. The attendant or caretaker shall be answerable, with the licensee, for the violation of any provision of this Chapter to which the licensee is subject. (10) RV park violations. i. Where the Building Official, or his agent, determines that the operation of a RV park violates some provision of this Chapter, or any other provision in the Code of Ordinance of the Town, a complaint may be filed in the municipal court for the Town against either the owner or the operator of the park or both. ii. Where the Building Official, or his agent, determines that the operation of a RV park violates some provision of this Chapter, he may suspend the park's license to operate until such time as the park complies with the ordinance. The licensee may appeal this suspension to the zoning Board of Adjustment, as provided for in the zoning ordinance of the Town as amended. Operation of a park while the license is suspended shall constitute a violation of this Chapter for the purposes of subsection (a) of this section. (11) Posting of license. The license certificate shall at all times be conspicuously posted in the office of or on the premises of the RV Park. Little Elm Zoning Ordinance – ARTICLE IV, SPECIAL DISTRICTS Page 104

(Ord. No. 881, § 2, 2-19-2008; Ord. No. 889, § 2, 4-1-2008)

106.04.06 to 106.04.10 RESERVED.

Little Elm Zoning Ordinance – ARTICLE IV, SPECIAL DISTRICTS Page 105

ARTICLE V – USE REGULATIONS

106.05.01 ...... Schedule of Uses. Land and buildings in each of the following classified districts may be used for any of the following listed uses but no land shall hereafter be used, and no building or structure shall hereafter be erected, altered or converted which is arranged or designed or used for other than uses specified for the district in which it is located as set forth by the use schedule located in Section 106.05.01(a) and (b), “Schedule of Uses - Residential” and “Schedule of Uses - Non-residential,” respectively.

(a) Residential Zoning Districts Uses. P=permitted by right; C=Conditional Use; S=Specific Use Permit required. A blank space indicates the use is prohibited in that district.

SF-RE SF-1 SF-2 SF-3 SF-4 A-1 A-2 SF-X TH MH-1 MH-2 D MF

ARTICLE V, TABLE A

ix

M

e

Residential m

Family

Family 1 Family 2 Family 3 Family 4

-

Zoning - - - - Family A1 Family A2

Family

- -

- Districts Duplex

Home Park

Townho

Multi

Home District

Manufactured Manufactured

Single Single Single Single

Single Single

Ranchette Estate

Single

Primary Residential Uses Amenity Center P P P P P P P P P P P P P Dwelling, Assisted Living Facility S Dwelling, Assisted Living Home S Dwelling, Boarding House or P Rooming House Dwelling, Duplex P P P Dwelling, Group Home P P P P P P P P P P P P P Dwelling, HUD Code Man. Home P P Dwelling, Listed Family Home P P P P P P P P P P P P P Dwelling, Live-Work Unit See non-residential uses Dwelling, Mobile Home P P C C Dwelling, Model Home C C C C C C C C C C Dwelling, Multi-family P Dwelling, Single Family P P P P P P P P P P P P Detached Dwelling, Townhome P P P P Senior Living Facility S Mixed Use Building C C C C C Accessory & Incidental Uses Accessory Structure C C C C C C C C C C C C C Automated Dispenser Machine Automated Intake Machine Automated Teller Machine

(ATM), off-site Caretaker/Guard's Residence Construction Yard, Field Office C C C C C C C C C C C C C Temporary Farm Accessory Building C Home Occupation C C C C C C C C C C C C C

Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 106

SF-RE SF-1 SF-2 SF-3 SF-4 A-1 A-2 SF-X TH MH-1 MH-2 D MF

ix

ARTICLE V, TABLE A

M

e

m Residential

Family

Family 1 Family 2 Family 3 Family 4

-

- - - - Family A1 Family A2

Family

- -

Zoning -

Duplex

Home Park Districts Townho

Multi

Home District

Manufactured Manufactured

Single Single Single Single

Single Single

Ranchette Estate

Single

Open Storage, Permanent Open Storage, Temporary Seasonal Sales Solar Panels or Devices C C C C C C C C C C C C C Vending Kiosk, Commercial Vending Kiosk, Not-for-Profit C C C C C C C C C C C C C Wind Energy Conversion System C C C C C C C C C C C C C (WECS) Institutional & Special Uses Assembly Uses S S S S S S S S S S S S S Athletic Stadium or Field S S S S S S S S S S S Cemetery or Mausoleum S S S S S S S S S S S College, University, or Trade S S S S S S S S S S S School Farm, Ranch, Stable, Garden, or

Orchard Fraternal Organization, Lodge,

Civic Club, Fraternity, or Sorority Golf Course, Tennis club, Polo S S S S S S S S S S S club, or Country Club (private) Gun or Archery Range, Indoor Hospital S Municipal Uses P P P P P P P P P P P Museum/Art Gallery Park or Playground P P P P P P P P P P P P P Recreation Center S S S S S S S S S S S Religious Facility P P P P P P P P P P P P P School, Private, Charter or S S S S S S S S S S S Parochial School, Public P P P P P P P P P P P Infrastructure Type Uses Airport/Landing Field/Heliport Communication Tower S S S S S S S S S S S S S Electric Power Generating Plant Electric Substation S S S S S S S S S S S S S Private Utility, other than listed P P P P P P P P P P P P P Sewage Pumping Station P P P P P P P P P P P P P Sewage Treatment Plant S S S S S S S S S S S S S Telephone Exchange S S S S S S S S S S S S S Transit Center/Bus Terminal

Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 107

SF-RE SF-1 SF-2 SF-3 SF-4 A-1 A-2 SF-X TH MH-1 MH-2 D MF

ix

ARTICLE V, TABLE A

M

e

m Residential

Family

Family 1 Family 2 Family 3 Family 4

-

- - - - Family A1 Family A2

Family

- -

Zoning -

Duplex

Home Park Districts Townho

Multi

Home District

Manufactured Manufactured

Single Single Single Single

Single Single

Ranchette Estate

Single

Infrastructure Type Uses (continued) Utility Line S S S S S S S S S S S S S Water Reservoir, Water P P P P P P P P P P P P P Pumping Station, Water Well Water Treatment Plant S S S S S S S S S S S S S Retail Uses Antique Shop and Used

Furniture (Inside) Arcade Bakery, Candy or Ice Cream

Shop Bar/Brewpub Building Material and Hardware

Sales, Major Building Material and Hardware

Sales, Minor Commercial Amusement,

Indoor Commercial Amusement,

Outdoor Farmers Market Greenhouse or Nursery for

Retail Plant Sales Heavy Machinery Sales and

Storage Portable Building Sales Restaurant, Dine-in Restaurant, Drive-in Restaurant, Drive-thru Restaurant, with Brewpub Restaurant, Pick-up only Store, Big Box Store, Convenience Store, Discount, Variety, or

Department Store Store, Drugstore or Pharmacy Store, Feed Store, Florist Store, Grocery Store, Hardware & Home Imp. Store, Incidental

Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 108

SF-RE SF-1 SF-2 SF-3 SF-4 A-1 A-2 SF-X TH MH-1 MH-2 D MF

ix

ARTICLE V, TABLE A

M

e

m Residential

Family

Family 1 Family 2 Family 3 Family 4

-

- - - - Family A1 Family A2

Family

- -

Zoning -

Duplex

Home Park Districts Townho

Multi

Home District

Manufactured Manufactured

Single Single Single Single

Single Single

Ranchette Estate

Single

Retail Uses (continued) Store, Liquor Store, Pet Shop Store, Shopping Center Store, other than listed above Theatre, Indoor Theatre, Drive-in Winery/Brewery Retail Sales Service Uses Alternative Financial Services Bank, Savings and Loan, or

Credit Union Bed and Breakfast Inn S S S S S S S S S S S S S Body Art Studio Campground or RV Park S S Catering Service/Commissary Child Care Center S S Child Care Center, In-Home C C C C C C C C C C C C C Clinic/Medical Lab Clinic, Animal, with no outside

runs Clinic, Animal, with outside runs Contractor's Shop with outside

storage Contractor's Shop inside only Custom Personal Service Fairgrounds/Exhibition Area Funeral Home/Crematorium Funeral Home/Mortuary Gunsmith Gymnastics/Dance Studio/

Martial Arts Health/Fitness Center Hotel, Extended Stay Hotel, Full Service Hotel, Limited Service Household Appliance Service Incidental Retail & Service Uses Kennel, no outside runs Kennel, with outside runs

Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 109

SF-RE SF-1 SF-2 SF-3 SF-4 A-1 A-2 SF-X TH MH-1 MH-2 D MF

ix

ARTICLE V, TABLE A

M

e

m Residential

Family

Family 1 Family 2 Family 3 Family 4

-

- - - - Family A1 Family A2

Family

- -

Zoning -

Duplex

Home Park Districts Townho

Multi

Home District

Manufactured Manufactured

Single Single Single Single

Single Single

Ranchette Estate

Single

Service Uses (continued) Laundry/Dry Cleaning,

Commercial Laundry/Dry Cleaning, Pickup

Station Laundry/Dry Cleaning, Self-

Service Laundry/Dry Cleaning, Small

Shop Motel Office, Professional and General

Administrative Personal Service (other than

listed) Print Shop, Minor Retail Shop Sexually Oriented Businesses Studio, Photography, Music,

Artistic, etc. Studio, Media Automobile & Related Uses Auto/Boat Repair, Major Auto/Boat Repair, Minor Auto/Boat Sales, Accessories

only Auto/Boat Sales/Leasing, New,

Outside Display Auto/Boat Sales, Used, Outside

Display Auto/Boat/RV Storage Auto Parking, Lot or Garage P Auto Wash, Automated Auto Wash, Full-Service Auto Wash, Self-Serve Gas Pumps/Fuel Sales Manufactured/Mobile Home S Display and Sales Motorcycle Sales/Service Truck, Trailer, Heavy Equipment,

RV and Bus, Repair Truck, Trailer, Heavy Equipment, RV and Bus, Sales & Leasing Truck Terminal

Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 110

SF-RE SF-1 SF-2 SF-3 SF-4 A-1 A-2 SF-X TH MH-1 MH-2 D MF

ix

ARTICLE V, TABLE A

M

e

m Residential

Family

Family 1 Family 2 Family 3 Family 4

-

- - - - Family A1 Family A2

Family

- -

Zoning -

Duplex

Home Park Districts Townho

Multi

Home District

Manufactured Manufactured

Single Single Single Single

Single Single

Ranchette Estate

Single

Industrial & Manufacturing Uses Concrete Batch Plant,

Permanent Concrete Batch Plant, C C C C C C C C C Temporary Machine/Welding Shop Manufacturing or Industrial

Uses, Heavy Manufacturing or Industrial

Uses, Light Mini-Warehouse/Self-Storage Office/Showroom Print Shop, Industrial Plant Research & Development

Center Salvage Yard, Wrecking Yard Warehouse/Distribution Center Winery/Brewery/Distillery

Manufacturing

Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 111

(b) Non-Residential Zoning Districts Uses. P=permitted by right; C=Conditional Use; S=Specific Use Permit required.

AG O NS CF LC HC LF LI HI ARTICLE V, TABLE B

Non-Residential ont Zoning r

Light Light

Light

Office

Heavy

Heavy

Services

Facilities

Districts Industrial Industrial

Lakef

Community

Agricultural

Commercial Commercial

Neighborhood

Primary Residential Uses Amenity Center P Dwelling, Assisted Living Facility S S S Dwelling, Assisted Living Home Dwelling, Boarding House or Rooming

House Dwelling, Duplex Dwelling, Group Home Dwelling, HUD Code Man. Home Dwelling, Listed Family Home Dwelling, Live-Work Unit P Dwelling, Mobile Home Dwelling, Model Home Dwelling, Multi-Family Dwelling, Single Family Detached P Dwelling, Townhome P S S Senior Living Facility S S S Mixed Use Building C C P C C Accessory & Incidental Uses Accessory Structure C C C C C C C C Automated Dispenser Machine P P P P P Automated Intake Machine S S S S S Automated Teller Machine, off-site S S S S S Caretaker's/Guard's Residence C C C Construction Yard, Field Office, C C C C C C C C Temporary Farm Accessory Building C Home Occupation C C C C Open Storage, Permanent/Ongoing S S S S S Open Storage, Temporary C C C C Seasonal Sales C C C C C Solar Panels, Devices, Commercial C C C C C C Vending Kiosk, Commercial C C C C C C Vending Kiosk, Not-for-Profit C C C C C C C C C Wind Energy Conversion System C C C C C C C C C (WECS) Assembly Uses S P P P P P P P P Athletic Stadium or Field S S S P S S S S Cemetery or Mausoleum S S S S S S S

Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 112

AG O NS CF LC HC LF LI HI

ARTICLE V, TABLE B

ont

Non-Residential r

Light Light Light

Office

Heavy Zoning Heavy

Services

Facilities

Industrial Industrial

Lakef

Commercial

Community

Agricultural Districts Commercial

Neighborhood

Institutional & Special Uses College, University, or Trade School S P S P P P S P P Farm, Ranch, Stable, Garden, or Orchard P Fraternal Organization, Lodge, Civic P P P P P P P Club, Fraternity, or Sorority Golf Course, Tennis club, Polo Club, or S S S P P P P P Country Club (private) Gun or Archery Range, Indoor S S S S S Hospital S S P P P P P Municipal Uses operated by the Town P P P P P P P P P of Little Elm Museum/Art Gallery S S P P P P P P Park or Playground P P P P P P P P P Recreation Center S P P P P P P P P Religious Facility P P P P P P P P P School, Private, Charter or Parochial S S S S S S S S S School, Public P P P P P P P P P Infrastructure Type Uses Airport/Landing Field/Heliport C C C C C C C Alternate Energy System C C C C C C C C C Communication Tower C C C C C C S C C Electric Power Generating Plant S S S S S P Electric Substation S S S S S S S S S Helipad Private Utility, other than listed P P P P P P P P P Sewage Pumping Station P P P P P P P P P Sewage Treatment Plant S S S S S S S S Telephone Exchange S S P P P P P P Transit Center/Bus Terminal P P P P P P P Utility Distribution/Transmission Line S S S S S S S S Water Reservoir, Water Pumping P P P P P P P P Station, Water Well Water Treatment Plant S S S S S S S Retail Uses Antique Shop and Used Furniture, P P P P P inside only Arcade S S S S S Bakery, Candy or Ice-Cream Shop P P P P P P Bar/Brewpub S S P S S Building Material and Hardware Sales, P P P P P Major

Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 113

AG O NS CF LC HC LF LI HI

ARTICLE V, TABLE B

ont

Non-Residential r

Light Light

Light

Office

Heavy Zoning Heavy

Services

Facilities

Industrial Industrial

Lakef

Community

Agricultural Districts Commercial Commercial

Neighborhood

Retail Uses (continued) Building Material and Hardware Sales, P P P P P Minor Commercial Amusement, indoor P P P P P Commercial Amusement, outdoor S S S P P Farmers Market S S S S Florist P P P P P P Greenhouse or Nursery for Retail Plant S P P P P P Sales Heavy Machinery Sales and Storage P P P Portable Building Sales S P P P Restaurant, Dine-in S P P P P P P Restaurant, Drive-in S P P P P P Restaurant, Drive-thru S P P P P P Restaurant, with Brewpub P P P P P Restaurant, Pick-up only P P P P P Store, Big Box P P P P P Store, Convenience P P P P P P Store, Discount, Variety, or Department P P P P P Store Store, Drugstore or Pharmacy P P P P P Store, Feed P P P P Store, Florist P P P P P P Store, Grocery P P P P P Store, Hardware & Home Imp. P P P P P Store, Incidental (within another use) P P P P P Store, Liquor S S S S S Store, Pet Shop P P P P P Store, Shopping Center P P P P P Store, other than listed above P P P P P Theatre, Indoor S P P P P P Theatre, Drive-in S P P P Winery/Brewery Retail Sales P P P P P Service Uses Alternative Financial Services C C C C Bank, Savings and Loan, or Credit Union P P P P P P Bed and Breakfast Inn S P P P P Body Art Studio S S S S Campground or RV Park S Catering Service P P P P P

Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 114

AG O NS CF LC HC LF LI HI

ARTICLE V, TABLE B

ont

Non-Residential r

Light Light Light

Office

Heavy Zoning Heavy

Services

Facilities

Industrial

Industrial

Lakef

Community

Agricultural Districts Commercial Commercial

Neighborhood

Service Uses (continued) Child Care Center S S S S S S S Child Care Center, In-Home C Cleaning and pressing (small P P P P P P shop/pickup) Clinic/Medical Lab P P P P P P P Clinic, Animal (no outside runs) S P P P P P P Clinic, Animal (with outside runs) S S P P P Commissary S S S S Contractor's Shop with outside storage P P P Contractor's Shop inside only P P P P Custom Personal Service P P P P P P P Fairgrounds/Exhibition Area S S P P P Fortune Teller/Psychic S S S Funeral Home/Crematorium S S S S S Funeral Home/Mortuary S P P P P P Gunsmith P P P P P Gymnastics/Dance Studio/Martial Arts P P P P P P P Health/Fitness Center P P P P P P Hotel, Extended Stay S S S S S Hotel, Full Service P P P P P Hotel, Limited Service S S S S S Household Appliance Service and Repair S P P P P P P Incidental Retail & Service Uses P P P P P P Kennel, no outside runs P P P P P Kennel, with outside runs S S S S S Laundry/Dry Cleaning, Commercial P P P Laundry/Dry Cleaning, Pickup Station P P P P P P Laundry/Dry Cleaning, Self-Service P P P P Motel Office, Professional and General P P P P P P P Administrative Personal Service (other than listed) P P P P P Print Shop, Minor Retail Shop P P P P P Sexually Oriented Businesses C C Studio, Photography, Music, Artistry P P P P P P P Studio, Media P P P P P P Automobile & Vehicular Uses Auto/Boat Repair, Major S S S S

Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 115

AG O NS CF LC HC LF LI HI

ARTICLE V, TABLE B

ont

Non-Residential r

Light Light

Office

Zoning Heavy Heavy

Services

Facilities

Industrial

Industrial

Lakef

Commercial

Community

Agricultural Districts Commercial

Neighborhood

Automobile & Vehicular Uses (continued) Auto/Boat Repair, Minor S S S S Auto/Boat Sales, Accessories only P P P P P Auto/Boat Sales/Leasing, New, outdoor S S P P display Auto/Boat Sales, Used, outdoor display S P P Auto/Boat/RV Storage S P P Auto Parking, Lot or Garage P P P P P P Auto Wash, Automated S S S S Auto Wash, Full-Service S S S S Auto Wash, Self-Serve S S S Gas Pumps/Fuel Sales S S S S Manufactured/Mobile Home Display S P and Sales Motorcycle Sales/Service P P P P Truck, Trailer, Heavy Equipment, RV, P P Bus Repair Truck, Trailer, Heavy Equipment, RV and P P P Bus Sales & Leasing Truck Terminal P P P Industrial & Manufacturing Uses Concrete Batch Plant, Permanent S Concrete Batch Plant, Temporary C C C C C C C Machine/Welding Shop P P Manufacturing or Industrial Uses, Heavy C Manufacturing or Industrial Uses, Light C C Mini-Warehouse / Self-Storage S S S Office/Showroom P P P Print Shop, Industrial P P P Research and Dev’t Center P P P Salvage Yard, Wrecking Yard S Warehouse/Distribution Center P P Winery /Brewery/Distillery S S P P P Manufacturing

Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 116

106.05.02 Special Regulations for Specific Permanent Land Uses.

PART ONE ...... ACCESSORY USES. 106.05.021 (a) Accessory Structures for Non-Residential Districts/Land Uses. (1) Application. Commercial accessory structures require a building permit. (2) Definition. An accessory building or structure is a subordinate building/structure, the use of which is secondary to and supportive of the main building or primary use. Accessory buildings or structures shall not be permitted without a main building or primary use in existence and include, but are not limited to, automated intake machines, automated dispenser machine, automatic teller machine (ATM), and storage buildings. (3) Regulations. The following area regulations shall be observed for all accessory buildings and structures in all commercial, retail, office, industrial, and multi-family districts: i. All accessory structures greater than 120 square feet (approximately ten (10) feet by twelve (12) feet) require a building permit and site plan approval. Buildings that are 120 square feet or less in size do not require a building permit. Modular storage units, portable on demand storage containers, donation bins, and drop off bins/trailers are considered accessory structures. ii. Non-enclosed accessory structures (non-buildings) shall be screened by a minimum eight (8) foot tall masonry wall and solid metal gate. iii. Non-residential accessory structures shall abide by the setbacks of the primary structure and shall not conflict with site features such as fire lanes, landscape buffers, required parking, and other issues deemed pertinent by the Director. (4) Architectural requirements. Accessory structures require the following design elements: i. Accessory structures shall abide by all architectural standards in regard to masonry coverage and shall match the exteriors of the primary building. ii. Accessory structures with pervious roofs may be constructed with fire-treated and rot-resistant wooden material, provided that the columns are encased in masonry to match the primary building. (5) Approval. Building permits are approved by the Building Official, following review and approval of the site plan by the Director.

(b) Accessory Structures for Single-Family, Duplex, and Manufactured Home Districts/Land Uses. (1) Application. Residential accessory structures greater than 120 square feet require a building permit and site plan approval. Buildings that are 120 square feet or less in size do not require a building permit. Accessory structures not requiring a permit must still be in compliance with the code. (2) Definition. An accessory building or structure is a subordinate building/structure, the use of which is secondary to and supportive of the main residence or primary use. Accessory buildings or structures shall not be permitted without a main building or primary use in existence. (3) Architectural requirements. Accessory structures for residential districts require the following design elements: i. Accessory structures shall abide by all architectural standards in regard to masonry coverage and shall match the exteriors of the primary building. ii. Accessory structures with pervious roofs may be constructed with fire-treated and rot-resistant wooden material, provided that the columns are encased in masonry to match the primary building. iii. Cementitious fiberboard or engineered wood may be used to fulfill masonry requirements for an accessory building or structure of 200 square feet or less in a single-family or two-family district, and cementitious fiberboard or engineered wood may be used to fulfill masonry requirements for structures accessory to an existing primary structure constructed entirely of wood, metal, or vinyl siding. iv. Metal or wood may be used as an exterior construction material for an accessory building or structure of 120 square feet or less in a single-family or two-family district. (4) Regulations. The following area regulations shall be observed for all accessory buildings or accessory structures in all Single-Family, Duplex or Manufactured Home Districts: Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 117

i. Permanent foundation. All accessory structures greater than 200 square feet shall be constructed on a permanent, engineered foundations, per the adopted international codes. ii. Front yard. Accessory structures shall not be located in the front yard area. This excludes temporary uses such as basketball hoops, bike or skateboard ramps or other moveable recreational devices. However, any such device shall be located entirely within the boundaries of the private property and shall not be placed in the right-of-way, the street, the sidewalk, or the parkway (defined as the area between the sidewalk and the curb). iii. Side yard, standard interior lot. Accessory structures side yard setbacks shall be a minimum of three (3) feet. iv. Side yard, corner lot. Accessory structures side yard setbacks adjacent to a street right-of-way shall be a minimum of eighteen (18) feet from the back of curb. v. Rear yard. Accessory structures rear yard setbacks shall be a minimum of three (3) feet. However, in no case shall an accessory structure encroach into an easement. vi. Siting. No minimum separation is required between buildings and accessory structures. Attached structures must meet the setbacks of the primary structure or five (5) feet, whichever is less. An accessory structure located within twenty (20) feet of a property line shall have at minimum a six (6) foot high wooden or masonry fence installed along the property line in compliance with Section 106.06.32, “Residential Fences.” Exceptions to this regulation are residential lots that back to a scenic views and therefore do not have a fence inhibiting said view. These lots include, but are not limited to, lots backing to a park, amenity center, golf course, or lakefront. In these cases, the applicant may (but is not obligated to) install a decorative metal fence to indicate the rear lot line. vii. Height. Accessory structures shall have a maximum height of fourteen (14) feet except on properties one-half (½) acre and larger in area. In that case, accessory buildings may be greater than fourteen (14) feet in height provided that one (1) additional foot for each additional foot of height over fourteen (14) feet is maintained at the rear and side yard setback lines. In all cases, the maximum height of a residential accessory structure shall be twenty (20) feet. An accessory structure shall not exceed the height of the primary structure and shall be limited to one (1) story in height. viii. Maximum square footage. Accessory buildings shall not exceed the square footage of the primary building and be limited in size of footprint and in number as follows: a. Property or lot less than one-half (½) acre in area = Maximum of 750 square feet (measured by total floor area) and one (1) accessory structure. b. Property or lot greater than one-half (½) acre and less than one (1) acre = Maximum of 1000 square feet (measured by total floor area) and two (2) accessory structures. c. Property or lot greater than one (1) acre in area = Maximum of 2,500 square feet, cumulatively applied to a maximum of accessory structures (5) Approval. Building permits are approved by the Building Official, following review and approval of the site plan by the Director.

(c) Swimming Pools and Spas/Hot Tubs. (1) Application. Swimming pools and spas/hot tubs require a building permit. (2) Regulations. The following regulations apply to swimming pools and spas/hot tubs: i. Shall not be located in the front yard area, ii. Shall comply with the minimum side yard and corner lot requirements for accessory structures; and iii. Be a minimum five (5) foot setback from an interior side yard or rear yard property line. (3) Approval. Building permits are approved by the Building Official, following review and approval of the site plan by the Director.

(d) Detached Garages. (1) Application. Detached garage accessory structures require a building permit. (2) Regulations. The following regulations apply to detached garages: i. Rear yard setback for front-loading garages shall be ten (10) feet; ii. Rear yard setback for alley access garages shall be twenty (20) feet; Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 118

iii. Side yard setback shall be five (5) feet; iv. Side yard at corner setback of twenty (20) feet; v. The size (i.e. area), height, and architectural restrictions are the same as for accessory structures, except that a minor height waiver for associated pitched roofs may be discretionarily granted by the Building Official. (3) Architectural requirements. Accessory structures require the following design elements: i. The exterior facades of a detached garage shall be constructed of a masonry material (brick, stone, or stucco) that matches the main building or structure. ii. Cementitious fiberboard or engineered wood may be used to fulfill masonry requirements for an accessory building or structure of 200 square feet or less in a single-family or two-family district, and cementitious fiberboard or engineered wood may be used to fulfill masonry requirements for structures accessory to an existing primary structure constructed entirely of wood, metal, or vinyl siding. (4) Approval. Building permits are approved by the Building Official, following review and approval of the site plan by the Director.

(e) Carports. (1) Application. Carport accessory structures require a building permit which includes a site plan indicating the proposed placement of the carport. (2) Regulations. The following regulations apply to carports: i. Support poles shall be fully encased in masonry (brick/stone), have a pitched roof, be attached to the primary residence, and meet the same building setbacks as garages. ii. In no case are carports allowed in the front yard. iii. Manufactured homes may install a carport, which shall be designed to shelter a maximum of two (2) vehicles, shall not exceed ten (10) feet in height, and shall not be located closer than three (3) feet to any side or rear lot line. (3) Approval. Building permits are approved by the Building Official, following review and approval of the site plan by the Director.

(f) Accessory Dwelling Units. (1) Application. Accessory dwelling units require a building permit which includes a site plan indicating the proposed placement of the accessory dwelling unit (2) Zoning. Accessory dwelling units are allowed only in those zoning districts which allow a second dwelling unit on a single lot. (3) Definition. An accessory dwelling unit is a subordinate building/structure, intended for habitation. Accessory buildings or structures shall not be permitted without a main building or primary use in existence and are subject to zoning district limitations. (4) Regulations. The following area regulations shall be observed for all accessory dwelling units whether located on the ground or erected over a private garage: i. Accessory dwelling units may not be sold separately from the sale of the entire property, including the main dwelling unit, and shall be located on the same lot as the primary structure. ii. Utility services shall be metered by the same meter as those serving the main structure on the premises. iii. Shall abide by the same setback, height, and architectural regulations as detached garages, except that the rear yard setback shall be twenty (20) feet. iv. The total square footage is limited to 800 square feet for lots that are less than one-half (½) acre in size. Lots that are one-half (½) acre or greater in area may build up to 1,200 square feet if all other regulations are met. (5) Architectural requirements. Accessory structures require the following design elements: i. The exterior facades of a detached garage or other accessory building or structure shall be constructed of a masonry material (brick, stone, or stucco) that matches the main building or structure. ii. Cementitious fiberboard or engineered wood may be used to fulfill masonry requirements for an Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 119

accessory building or structure of 200 square feet or less in a single-family or two-family district, and cementitious fiberboard or engineered wood may be used to fulfill masonry requirements for structures accessory to an existing primary structure constructed entirely of wood, metal, or vinyl siding. (6) Approval. Building permits are approved by the Building Official, following review and approval of the site plan by the Director.

(g) Patios, Covered and/or Enclosed. (1) Application. Enclosed or covered patios greater than 120 square feet require a building permit for the above-ground structure. (2) Regulations. The following restrictions shall apply to all covered patios, enclosed patios or partially enclosed patios, and other similar installations. i. No patio is allowed within three (3) feet of any property line, nor in the front yard. ii. Covered or partially enclosed patios may be connected to the primary structure. However, should the applicant wish to convert the partially enclosed patio into a fully functioning room, the setbacks for the zoning district in which the residence is located shall apply. (3) Approval. Building permits are approved by the Building Official, following review and approval of the site plan by the Director.

(h) Patios, Flatwork (Concrete or Pavers). (4) Application. Patios and other flatwork require a building permit. (5) Regulations. The following restrictions shall apply to all impervious surface, concrete, grading, and other similar installations. i. All new parking and drives must be constructed with concrete to the Town’s engineering design criteria. ii. Any flatwork greater than 200 square feet requires to be drawn to Town standards by a licensed engineer and display the engineer’s seal. iii. No flatwork is allowed within three (3) feet of any property line, nor in the front yard area, unless the flatwork is for a driveway to a front-loading garage. This shall not be interpreted to allow for enlarged driveways, whose width should match the width of the enclosed garage and not be expanded into the side yard setback. iv. Nothing within this section allows the creation of a drainage hazard or issue, and all flatwork must be sloped or graded to drain. v. Paving is limited to twenty percent (20%) of total lot coverage, including the driveway but not including any patio, walkway, pool deck, sports courts or other interior paved feature. vi. A residential property shall continue to maintain the majority of each of its yards in living landscape, as required by the Landscape ordinance and administered by the Director. Mulch, gravel, rock gardens, decorative stone, and similar material may be used for patterns, beds, erosion control, and in other limited application with adequate associated landscaping; however, their use shall not be the predominant groundcover. (See Section 106.06.16(a)(iii), Residential Landscape Requirements” for regulations) (6) Approval. Building permits are approved by the Building Official, following review and approval of the site plan by the Director.

(i) Farm Accessory Structures. (1) Application. Farm accessory structures require a building permit. (2) Regulations. The following regulations apply to barns, sheds or livestock shelters: i. A barn, shed or shelter for the keeping of livestock, crops or equipment related to the operation of a farm. ii. The site must be a minimum of five (5) acres or more and be currently classified and in operation as an agricultural enterprise. (7) Approval. Building permits for farm accessory structures are approved by the Building Official, following Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 120

review and approval of the site plan by the Director. Accessory buildings or structures shall not be permitted without a main building or primary use in existence and subject to zoning district limitations. (Ord. No. 226, 10-20-1986; Ord. No. 701, § 2, 4-19-2005)

PART TWO ...... PERMANENT LAND USES (OTHER THAN ACCESSORY USES). 106.05.022 (a) Airport/Helipad/Heliport. (1) Application. Approval of an airport, landing field, or heliport requires a Specific Use Permit, subject to review and approval by Town Council. (2) Definitions. i. Airport/Heliport. A place where aircraft and/or helicopters can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for pilots and passengers. A helipad is a place where a helicopter may land, such as the top of a hospital. ii. Helipad. A place, typically on the roof of a hospital or a small ground area where helicopters may land and take off, but without any service or fueling capabilities. (3) Regulations. i. No such use shall be located within 400 feet of any residential structure, and no residential structure shall be located within 400 feet of any such use. ii. No such use shall be located within 400 feet of any area zoned residential by the Town or shown as residential on the then existing land use plan of the Town. iii. Such distances shall be measured as the shortest possible distance in a straight line from the closest point of the proposed use to the closest point of the residential structure or area, as the case may be iv. Notwithstanding the foregoing, such uses may be located in closer proximity by specific use permit. (4) Approval. Town Council through the SUP process.

(b) Alternative Energy Sources – Solar Panels/Devices. (1) Application. The application to allow a solar device or system requires the approval of a Conditional Use Permit, issued at the discretion of the Director. (2) Definition. A solar panel or device is a structure that is intended to capture the light from the sun and transfer that energy to electricity for general use. (3) Regulations for single-family residential use: i. Is in compliance with State law and poses no threat to public health or safety; ii. Is located solely on private property; iii. Include approval letter from the HOA with submittal for the CUP, if applicable. iv. Installation and maintenance in compliance with manufacturer’s recommendations and warranties; v. Roof mounted: a. Panels may not extend beyond the roofline or eave line; b. Panels must conform to the slope of the roof, unless mounted on a roof slope that is not visible from the right-of-way; and c. Roof mounted panels should be designed to reduce excessive glare. vi. Ground mounted: a. Prohibited in front yards. b. Ground mounted devices shall follow the setbacks required for accessory structures within the specific zoning district. c. Device shall not be visible from either the public right-of-way or the adjacent properties; d. Device shall be screened by a wooden or masonry fence and no device shall extend above the fence line. e. Where fences are not allowed within the residential subdivision, a solid evergreen hedge which shall be maintained at a minimum of six (6) feet in height within eighteen (18) months of planting. (4) Regulations for non-residential structures: i. Is in compliance with State law and poses no threat to public health or safety; Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 121

ii. Is located solely on private property; iii. Installation and maintenance in compliance with manufacturer’s recommendation and warranties; iv. Is located on the roof; v. Panels located on a sloped roof may not extend beyond the roofline and must conform to the slope of the roof, unless mounted on a roof slope that is not visible from the public right-of-way. vi. Panels located on a flat roof must be screened from view from the adjacent roadways. vii. No ground mounted solar panels are permitted in non-residential districts without the approval of a Specific Use Permit, subject to the review and approval of the Town Council. (1) Approval. Once the Director has determined that the conditions listed in (3) above have been met, approval for the Conditional Use Permit may be granted.

(c) Alternative Energy Sources - Wind Energy Conversion System (WECS). (1) Application. The application to allow a WECS system requires the approval of a Conditional Use Permit, issued at the discretion of the Director. (2) Definition. A WECS device is a structure that is intended to capture the wind and transfer that energy to electricity for general use. (3) Regulations for single-family residential use: i. Freestanding WECS are prohibited on residential lots less than one acre in size. ii. Shall not be allowed in the front yard. iii. The highest point of a roof-mounted WECS shall not project more than five feet above the roof line, excluding the highest point of the blade arc. iv. Freestanding WECS shall be of monopole design and shall not be located in any required setback. v. Freestanding WECS shall abide by the height and setback regulations of the specific zoning district and be located at least a distance equal to the height of the pole away from any structure or property line. (4) Regulations for other than single-family residential use: i. WECS may exceed the height limits of the zoning district, up to a maximum of eighty (80) feet, if located at least a distance from any residential district boundary line or residential dwelling equal to the height of the support structure. Height shall not include the highest point of the blade arc and shall refer to the highest point of the pole structure. ii. The minimum lot size required for a WECS is one acre. Only one low impact WECS shall be allowed per platted lot. iii. The WECS shall not be located within any required setback area for the front, side or rear yards. iv. The WECS' freestanding blade arc spheres shall have a minimum 30-foot clearance from any structure, tree or any other impediment. v. All associated wiring shall be buried underground by means of a conduit system, or if ground-mounted equipment is required, then a minimum eight (8) foot high masonry wall shall be constructed. vi. The WECS shall be constructed in a monopole design of tubular steel and shall be self-supporting without the use of guy wires or other similar features. vii. The WECS shall be a neutral or earth tone color. The proposed paint type shall be a dull or matte finish so as to reduce the possibility of any glare or reflection and to minimize the visual obtrusiveness of the WECS. viii. All commercial signs, flags, lights and attachments shall be prohibited on the WECS, unless required for structural stability, or as required for flight visibility by the FAA. ix. The WECS shall be equipped with both a manual and an automatic braking device capable of stopping the WECS' operation in high winds. x. The WECS shall meet or exceed current standards and regulations of the Federal Aviation Administration (FAA) and any other agency of the state or federal government with the authority to regulate such systems. xi. The WECS shall not be grid-interconnected until and unless evidence has been provided to the Town that the appropriate electric power provider has approved the customer's intent to install a grid- connected customer-owned WECS and that the customer's system meets the utility's approved specifications for interconnection. Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 122

xii. The WECS shall be grounded and shielded to protect against natural lightning strikes and stray voltage, including the blades. xiii. The WECS shall be adequately designed structurally, electrically, and in all other respects to accommodate the safety and general well-being of the public. xiv. The WECS shall be maintained at all times according to the manufacturer's specifications. xv. The WECS shall be filtered, shielded or otherwise designed and constructed so as not to cause electrical, radio frequency, television and other communication signal interference. xvi. The WECS shall be prohibited from including a tower climbing apparatus within twelve (12) feet of the ground. xvii. The WECS shall adhere to the performance standards of the zoning ordinance, in regards to maximum sound pressure levels. The noise levels measured at the property line of the property on which the conversion system has been installed shall not exceed sixty (60) decibels and in no event shall the conversion system create a nuisance. xviii. If the WECS is not in operation for a period of six (6) months, it shall be deemed abandoned and shall be removed at the owner's expense. xix. With the approval of a specific use permit, in any district, any one or more of the above development standards may be excused, subject to review and approval by the Town Council. (5) Approval. Once the Director has determined that the conditions listed in (3) or (4) above, as applicable, have been, approval for the Conditional Use Permit may be granted.

(Ord. No. 226, § 7, 10-20-1986; Ord. No. 250, § 5, 9-19-1988; Ord. No. 650, § 3, 7-6-2004; Ord. No. 788, § 2C, 9-5-2006; Ord. No. 872, § 2, 12-4-2007; Ord. No. 880, 2-5-2008; Ord. No. 881, § 2, 2-19-2008; Ord. No. 902, § 3, 6-17-2008; Ord. No. 920, § 4, 11-11-2008; Ord. No. 959, § 2, 6-16-2009)

(d) Alternative Financial Services. (2) Application. Approval of an alternate financial services facility requires a Specific Use Permit, subject to review and approval by Town Council. (3) Definition. A check cashing business, payday advance or loan business, money transfer business, car title loan business or pawn shop (see Section 106.01.14, “Land Use Definitions” for more detailed definitions of each type of alternative financial services). (4) Regulations. i. A lot containing an alternative financial service shall be located at least 1,000 feet from any lot containing another alternative financial service, as measured in a straight line between the nearest points of one lot to the other lot. ii. A lot containing an alternative financial service shall be located at least 200 feet from any lot zoned or used for residential purposes, as measured in a straight line between the nearest points of one lot to the other lot. iii. No lot containing an alternative financial service shall be located within 500 feet of the rights-of-way of Eldorado Parkway, F.M. 720 or F.M. 423. iv. No alternative financial services shall be permitted within the Lakefront district. v. Alternative financial services shall be situated only within a freestanding building and shall not be co- located in the same structure as other uses. (5) Approval. Town Council through the SUP process.

(e) Bars/Brewpubs (this classification also includes Wine Tasting Bars, Growlers, and other similar uses) (1) Application. Approval of a bar or brewpub requires a Specific Use Permit, subject to review and approval by Town Council, unless located within a zoning district or overlay district that allows these uses by right. (2) Definition. An establishment principally for the sale and consumption of alcoholic beverages on the premises that derives seventy-five percent (75%) or more of its gross revenue on a quarterly (three-month) basis from the sale or service of alcoholic beverages, as defined in the Texas Alcoholic Beverage Code, for on-premises consumption. Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 123

(3) Regulations. i. Prior to issuance of a Certificate of Occupancy, the business owner shall provide the Town with a copy of its State permit to operate as a bar, brewpub, or similar use. ii. All alcohol-related activities must meet all standards found in Chapter 10, Alcoholic Beverages, of the Little Elm Code of Ordinances. (4) Approval. Town Council through the SUP process, unless located within a zoning district that allows these uses by right.

(f) Bed and Breakfast. (1) Application. The application to allow a bed and breakfast within a private residence requires the approval of a Conditional Use Permit, issued at the discretion of the Director. (2) Definition. A residential home, occupied by the owner or manager, where the owner or manager rents one or more bedrooms for remuneration and provides a breakfast meal to the guest. (3) Regulations. i. Guests parking must be provided on the residential lot and not on the street. ii. The owner or manager shall be responsible for any noise or disruption of the neighborhood caused by the guests. iii. The owner or manager shall register with the State to pay any applicable taxes and shall pay the hotel tax to the Town of Little Elm on an annual basis. (4) Approval. Once the Director has determined that the bed and breakfast is appropriate for the location requested and that the regulations listed in (3), above, have been met and will continue to be met, approval for the Conditional Use Permit may be granted.

(g) Caretaker or Guard Residence. (1) Application. Part of the Site Plan process. (2) Definition. A residence located on a premises with a main nonresidential use and occupied only by a caretaker or guard, and his/her family, employed on the premises. (3) Regulations. No specific regulations. Approval is subject to the Director’s discretion. (4) Approval. A caretaker or guard residence shall be approved during the Site Plan process.

(h) Communication Antennas. (1) Application. Approval of an additional or substitute antennas on an existing communication tower requires a Conditional Use Permit, issued at the discretion of the Director. (2) Definition. An antenna is an instrument or device consisting of wires, poles, rods, or reflecting discs, designed for transmitting or receiving any portion of the radio, microwave, or electromagnetic spectrum. (3) Regulations. i. A commercial antenna may be attached to a utility structure (elevated water tank, electric transmission pole, etc.) regardless of the height of said structure, provided that the antenna does not extend more than ten (10) feet above the height of said structure. ii. A commercial antenna may be placed wholly within any building permitted in the zoning district. A commercial antenna may be mounted flush to the exterior of a building/structure if it is painted and/or disguised to integrate into the overall architectural design and is not readily visible/identifiable as an antenna from public roadways or neighboring residential properties. iii. All commercial signs, flags, lights and attachments shall be prohibited on any antenna or antenna support structure, unless required for communications operations, structural stability, or as required for flight visibility by the FCC and the Federal Aviation Administration (FAA). iv. No communication tower, antenna, antenna support structure, microwave reflector/antenna, or associated foundations or support wires or appurtenances shall be located within any required setback area for the front, side or rear yards. v. At time of application, existing condition coverage maps of the vicinity shall be submitted showing current coverage and coverage after construction. vi. Collocation of antennas and antenna support structures shall be required. Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 124

(5) Approval. Once the Director has determined that the location of the antenna or antennas is appropriate for the tower or location requested and that the regulations listed in (3), above, have been met and will continue to be met, approval for the Conditional Use Permit may be granted.

(i) Communication Support Structure/Tower. (1) Application. Approval of a communication tower requires a Specific Use Permit, subject to review and approval by Town Council. (2) Definitions. i. Antenna Support Structure, Commercial. An antenna and its support structure used for commercial broadcasting or telecommunication purposes. This definition shall also include a satellite dish exceeding twelve (12) feet in diameter and a microwave-transmitting tower. All radiating equipment must comply with Federal Communications Commission (FCC), Environmental Protection Agency (EPA), Occupational Health and Safety Administration (OSHA), and all other applicable State and Federal regulatory agency requirements and guidelines for human safety, as they exist or may be amended. Definition includes ancillary ground equipment. ii. Antenna and/or Antenna Support Structure, Non-Commercial. An instrument or device consisting of wires, poles, rods, or reflecting discs and its support structure not exceeding forty (40) feet in height above the ground elevation at the base of the support structure, designed for transmitting or receiving any portion of the radio, microwave, or electromagnetic spectrum. This definition shall also include a satellite dish antenna not to exceed twelve (12) feet in diameter. iii. Antenna, Stealth. A Stealth Antenna is a commercial antenna that is designed to be non-obtrusive, or virtually transparent or invisible to the surrounding neighborhood. Stealth Antennas include, but are not limited to: a. Antennas within a building’s attic space, b. Antennas on the roof of a minimum three-story building and not visible from the property line of the lot on which the antenna is located, c. Antennas on a public utility structure, such as a water tower or high transmission line support tower, and painted to match the structure, d. Antennas located within a structure such as a flagpole, church steeple, subdivision monument, clock tower, or similar architectural feature, and antennas located on an athletic field light pole. iv. Antenna Support Structure. Any tower, mast, pole, tripod, box frame, or other structure utilized for the purpose of transmission, retransmission, and/or reception of electromagnetic, radio, television, or microwave signals. (3) Regulations. i. Commercial towers may exceed the height limits of the zoning district, up to a maximum height of 125 feet, if located a distance from any residential district boundary line or residential dwelling at least equal to the height of the support structure. ii. Towers shall be of stealth, monopole design with no visible antennas, wires, racks or transmitters. iii. Tower sites shall be screened with a minimum eight (8) foot high solid masonry wall with a solid metal gate. iv. Towers shall be designed structurally, electrically, and in all respects to accommodate both the applicant's antennas and comparable antennas for at least three (3) additional users if the tower is 100 feet or greater in height, or for at least two (2) additional users if the tower is over fifty (50) feet, but less than 100 feet in height. v. Towers shall be a muted and dull shade of grey or blue to match the sky, or if applicable, shall match the background color of the landscape and terrain. vi. Towers shall be accessible by a twenty-four (24) foot wide concrete fire lane, subject to review and approval by the fire marshal. vii. There shall be a minimum of one (1) concrete parking space that is not located in a fire lane. viii. A commercial antenna may be attached to a utility structure (elevated water tank, electric transmission pole, etc.) regardless of the height of said structure, provided that the antenna does not extend more than ten (10) feet above the height of said structure. Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 125

ix. A commercial antenna may be placed wholly within any building permitted in the zoning district. A commercial antenna may be mounted flush to the exterior of a building/structure if it is painted and/or disguised to integrate into the overall architectural design and is not readily visible/identifiable as an antenna from public roadways or neighboring residential properties. x. All commercial signs, flags, lights and attachments shall be prohibited on any antenna or antenna support structure, unless required for communications operations, structural stability, or as required for flight visibility by the FCC and the Federal Aviation Administration (FAA). xi. No communication tower, antenna, antenna support structure, microwave reflector/antenna, or associated foundations or support wires or appurtenances shall be located within any required setback area for the front, side or rear yards. xii. At time of application, existing condition coverage maps of the vicinity shall be submitted showing current coverage and coverage after construction. Communication towers require site plan approval, prior to making application for a building permit. xiii. Collocation of antennas and antenna support structures shall be required. No new towers shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Town that no existing antenna support structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following: a. No existing towers or structures are located within the geographic area, which meet the applicant's engineering requirements; b. Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements; c. Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment; or d. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. xiv. A lot containing a communication tower shall be located at least 2,000 feet away from any lot containing another communication tower greater than fifty (50) feet in height, as measured in a straight line between the nearest points of one lot to the other lot. xv. With the approval of a specific use permit, any one or more of the above development standards may be excused, subject to review and approval by the Town Council. (4) Approval. Town Council through the SUP process.

(j) Home Child Care. (1) Application. None required from the Town. Home child care facilities are regulated by the State. (2) Definition. A home occupation that provides regular child care for compensation in their primary residence for less than twenty-four (24) hours a day. (3) Regulations. It is considered a violation of this section for a facility to provide care for a number of children that exceeds what is allowed per the classification shown on the state permit to be submitted with the Town's home occupation registration. Uses must register with the Town annually and show proof of state permit. This use is subject to regulation by the Texas Department of Family and Protective Services and all home occupation regulations of the Town of Little Elm Code of Ordinances. (4) Approval. No approval is needed from the Town.

(k) Home Occupations. (1) Application. None required unless if subsection (3) applies. Home occupations are conducted at the discretion of the property owner. (2) Definition. A home occupation is defined as a business, occupation or profession which is an accessory use of a residential dwelling unit conducted by a resident thereof and which is clearly customary, incidental and a subordinate secondary use of the residential dwelling unit or residential premises by the resident thereof and which does not alter the exterior of the property or affect the residential character of the neighborhood. Home occupations may be permitted in accordance with the use chart in Section 106.05.01(a), “Schedule Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 126

of Uses - Residential.” A home-based business is permitted as an incidental use and is secondary to the use of a dwelling. As such, the Town Council may at any time amend this subsection to terminate any or all home-based business uses without creating nonconforming rights to the continuance of a home-based business. (3) Certificate of Occupancy required in specific cases. No resident shall be allowed to operate a home-based business that employs anyone other than the occupants of the residence unless and until the Building Official has issued an annual registration certificate and has had a Certificate of Occupancy inspection. The issuance of a certificate requires that a person operating a home occupation affirm knowledge of, and intent to comply with all ordinances applicable to home occupations. The Building Official shall establish that the proposed use is allowable under the terms of this ordinance. The issuance of a Certificate shall not authorize any violations of any ordinance, rule, code or regulation of the Town of Little Elm. (4) Regulations. Home occupations are subject to the following conditions and requirements: i. No signage associated with the home occupation and visible from outside of the dwelling shall be allowed on the premises, except as may be authorized or permitted by other applicable ordinances of the Town. ii. Only occupants of the residence may be employed on-site at any one time. This shall not include the coordination or supervision of employees who do not regularly visit the house or premises for purposes related to the business. If employees other than the residents of the house are present, then a Certificate of Occupancy must be obtained from the Building Official. iii. Outdoor activities are not allowed, unless the activities are screened from neighboring property and public rights-of-way. iv. Hours of operation shall be limited from 8:00 a.m. to 8:00 p.m. for outdoor activities. v. There shall be no exterior storage of material, equipment, vehicles and/or supplies used in conjunction with the home occupation. vi. A home occupation shall not serve as an office or storage facility for a vehicle fleet operation in which fleet vehicles visit the site. Fleet defined as three (3) or more business vehicles. vii. The home occupation shall not produce offensive noises, vibrations, smoke, dust, odors, heat or glare beyond the property lines. viii. No major alterations to the property or exterior of the dwelling unit shall be allowed that changes the residential character of the dwelling unit or premises. The use must be clearly incidental and secondary to the residential use of the dwelling and may not alter the existing residential character of the principal dwelling or the garage/accessory building. ix. No repair or servicing of vehicles, internal combustion engines, large equipment or large appliances shall be allowed. x. No storing of hazardous materials for business purposes shall be allowed on the premises. xi. Merchandise, commodities, goods, wares, materials or products shall not be offered or displayed for sale on the premises, excluding fruits and vegetables grown on-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. xii. No traffic shall be generated by a home occupation in greater volumes than normally expected in a residential neighborhood or create unreasonable parking or traffic congestion for the abutting or adjoining neighbors or for the immediate neighborhood, and any need for parking must be accommodated within the off-street parking provided for the residence (i.e. the driveway or garage) and along the street frontage of the lot. xiii. Homeowners/occupants who establish an occupation in their residence must adhere to all of the above conditions. (5) Approval. No approval is needed unless the home based business meets the criteria listed in (3), above. In that case, the Building Official must determine that the home based business meets all the criteria listed in (4) above and issue a Certificate of Occupancy (CO) for a period of one year. This CO must be renewed each year.

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(l) Hotel, Extended Stay. (1) Application. The application to allow a residence or extended stay hotel requires the approval of a Specific Use Permit, subject to review and approval by Town Council. (2) Definition. 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 typically being calculated on a weekly and/or monthly basis. Typical Residence Hotel attributes include, but are not limited to, kitchen facilities, and external doorways into room units and are generally rated two (2) stars or less. (3) Regulations. Residence or extended stay hotels shall include all of the following amenities: i. A minimum of eighty (80) guest rooms and/or suites; ii. Guest room access from an interior hallway; iii. Laundry facilities adequate to serve the residents at full capacity; iv. Playground equipment and open space as determined by the Director; and v. Minimum of 800 square feet of pool surface area; (4) Approval. Town Council through the SUP process.

(m) Hotel, Full Service. (1) Application. A full service hotel that meets all of the requirements listed in (3) below requires only Site Plan approval since they are allowed by right in those districts that allow hotels. Any failure to meet one or more of the listed regulations requires an application for a Specific Use Permit, which is subject to review and approval by the Planning & Zoning Commission and the Town Council. (2) Definition. A full service hotel is considered a top tier hotel in terms of amenities and service. It includes all of the amenities listed in (3) below and often exceeds these minimum standards and is generally rated three (3) stars or greater. (3) Regulations. Limited service hotels shall include all of the following amenities: i. A minimum of 80 guest rooms and/or suites; ii. A minimum of 4,000 square feet of meeting room space; iii. A minimum of one (1) restaurant which provides three (3) meals per day with on-site preparation and service provided by wait staff, hostesses, etc. and seating for a minimum of thirty (30) customers; iv. Guest room access from an interior hallway; v. Minimum of 800 square feet of pool surface area; and vi. Attached covered drive-through area adjacent to the hotel lobby or reception area. (5) Approval. Full service hotels that meet all of the amenities listed above may be approved by right in those districts that allow hotels. Any failure to meet one or more of the above list of amenities shall be approved by the Town Council through the SUP process.

(n) Hotel, Limited Service. (1) Application. The application to allow a limited service hotel requires the approval of a Specific Use Permit, subject to review and approval by Town Council. (2) Definition. A limited service hotel provides travelers an economical choice with fewer amenities than a full service hotel and are generally rated two (2) stars or less. (3) Regulations. Limited service hotels shall include all of the following amenities: i. A minimum of 700 square feet of meeting room space; ii. Limited food and beverage service, but including breakfast buffet service; iii. Guest room access from an interior hallway; iv. Minimum of 400 square feet of pool surface area; and v. Attached covered drive-through area adjacent to the hotel lobby or reception area. (4) Approval. Following a recommendation from the Planning & Zoning Commission, the Town Council has the discretion to approve or deny the SUP for a limited service hotel based on if the regulations listed in (3), above, have been met and that the proposed location of the limited service hotel is in keeping with the Comprehensive Plan. Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 128

(o) Liquor Stores. (1) Application. The application to allow a liquor store requires the approval of a Specific Use Permit, subject to review and approval by Town Council. (2) Definition. A retail establishment that offers for sale beer, wine and liquor and related accessory items. Subject to the review and approval by TABC. (3) Regulations. i. A lot containing a liquor store shall be located at least 1,000 feet from any lot containing another like use, as measured in a straight line between the nearest points of one lot to the other. ii. Prior to issuance of a Certificate of Occupancy, the business owner shall provide the Town with a copy of its State permit to operate a liquor store. iii. All alcohol-related activities must meet all standards found in Chapter 10, Alcoholic Beverages, of the Little Elm Code of Ordinances (4) Approval. Town Council through the SUP process.

(p) Manufactured Home Replacement. (1) Application. The application to allow the one-time replacement of a manufactured home requires the approval of a Conditional Use Permit, issued at the discretion of the Director. (2) Definition. The federal government allows a one-time replacement of a manufactured home under certain circumstances. (3) Regulations. i. In the event that a HUD-Code manufactured home occupies a lot within the Town, the owner of the HUD-Code manufactured home may remove the HUD-Code manufactured home from its location and place another HUD-Code manufactured home on the same property, provided that the replacement is a newer HUD-Code manufactured home, and is at least as large in living space as the prior HUD- Code manufactured home. Except in the case of a fire or natural disaster, the owner of the HUD-Code manufactured home is limited to a single replacement of the HUD-Code manufactured home on the same property. ii. Property owners who have a HUD-Code manufactured home which has been placed on a lot in violation of the terms of this ordinance shall not have the right to replace the illegal use. This subsection shall not be interpreted to legitimize an otherwise illegal use. iii. Except with regard to the above clause, the replacement provisions of this section shall not apply in the MH-1 and MH-2 Zoning Districts. (4) Approval. Once the Director has determined that the replacement of the manufactured home has met the regulations listed in (2), above, approval for the Conditional Use Permit may be granted. (Ord. No. 226, § 11, 10-20-1986; Ord. No. 342, § 2, 10-2-1995; Ord. No. 427, § 2, 11-16-1998; Ord. No. 515, § 1, 2-20-2001; Ord. No. 522, §§ 1--4, 4-3-2001; Ord. No. 562, § 1, 5-21-2002; Ord. No. 582, § 1, 12-3-2002; Ord. No. 647, § 2, 7-6-2004; Ord. No. 701, § 1, 4-19-2005; Ord. No. 788, § 2A, 9-5-2006; Ord. No. 828, § 2, 4-17-2007; Ord. No. 881, § 2, 2-19-2008; Ord. No. 889, § 2, 4-1-2008; Ord. No. 919, §§ 2, 3, 10-21-2008; Ord. No. 987, § 2, 10-20-2009)

(q) Media Studios (Radio/Television/Cable). (1) Application. The application to allow media studios requires the approval of a Conditional Use Permit, issued at the discretion of the Director. (2) Definition. A facility where radio, television or similar uses are produced, edited, and broadcast. (3) Regulations. i. Internal noise shall not be audible from the outside of the building. ii. All activity must take place within an enclosed building. iii. Mass reproduction, duplication or storage of recorded material for distribution, sale or promotion is prohibited. iv. Parking requirements shall be the same as for a commercial use.

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(4) Approval. Once the Director has determined that the media studio is appropriate for the location requested and that the regulations listed in (3), above, have been met, approval for the Conditional Use Permit may be granted.

(r) Mixed Use Building. (1) Application. Where allowed by right, a Site Plan application is used for approval, administratively approved through a Conditional Use Permit. When part of a planned development, the map amendment application is used for approval, subject to review and approval by Town Council. (2) Regulations. Mixed use buildings shall follow the following regulations: i. The ground floor entry must be located at the approximate elevation of the adjacent sidewalk and should be inset by at least four (4) feet. ii. Retail uses at-grade adjacent to the sidewalk shall: a. Be constructed to meet fire code separation from any other uses constructed on upper floors; b. Have a minimum clear height of sixteen (16) feet between finished floor and the bottom of the structure above. Mezzanines within the retail space shall be allowed per Building Code; c. Have an awning or canopy which extends at least six (6) feet over the sidewalk for at least seventy- five percent (75%) of the frontage on any portion of a building. Such awning or canopy shall maintain a minimum eight (8) foot clearance over the sidewalk; and d. Have highly transparent glass windows for at least sixty percent (60%), but no greater than eighty percent (80%), of the ground floor façade. iii. Two Zones, between back of curb and the building line, shall be created and maintained: a. Streetscape Zone. A minimum five (5) foot wide area adjacent to the back-of-curb for trees and street furniture, including a one (1) foot dismount strip. An Urban Tree in a tree well shall be provided for each twenty-five (25) linear feet in the Streetscape Zone. For each three (3) urban trees, a bike rack, trash receptacle, bench, lighted bollard, or other approved street furniture is required. b. Sidewalk Zone. A minimum ten (10) foot wide sidewalk. The Sidewalk Zone may be encroached by a three (3) foot high fenced patio area for dining, as long as a minimum clearance is maintained for pedestrian traffic. iv. Build-To Line. At least seventy percent (70%) of the building face shall be constructed within a minimum of fifteen (15) feet from the back of curb and a maximum of twenty (20) feet. The remainder of the building frontage may be setback further to allow such things as outdoor dining, plazas, entry courts, and pass-thrus to parking. (3) Exceptions. Deviations from the above Mixed Use Building regulations may be granted through the site plan process, subject to review and approval by the Planning and Zoning Commission and Town Council in public hearings. (4) Approval. Where mixed-use buildings are allowed by right, the site plan may be administratively approved through a Conditional Use Permit if all the regulations listed in (2) above are met. If an exception is required, or if the mixed use building is part of a planned development in a zoning district that does not allow a mixed use building by right, then the mixed use building approval will be approved by the Town Council through a map amendment or the SUP process.

(s) Open Storage, Permanent or Ongoing. (1) Application. The application to allow permanent or ongoing open storage shall be considered through the Specific Use Permit process or a PD Amendment, subject to review and approval by Town Council. (2) Applicability. This only includes storage in zoning districts where outside storage of equipment, material, goods and supplies is allowed as an accessory use to a primary use on the same lot. The restriction on open storage does not apply to the display of goods for sale incidental to a retail use; plant nursery; sale and rental of motor vehicles, mobile homes, boats, or trailers and utility equipment. Retail use is defined as 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.

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(3) Definition. For the purposes of this subsection, the definition of open storage is the keeping of any goods, material, merchandise, vehicles, trailers, modular storage units, or equipment outside a building on a lot. Examples are home and garden supplies, bagged mulch and seed, and automobiles and other vehicles for sale. (4) Prohibited. There shall be no outside storage of tires or readily flammable merchandise of any kind, either for display or storage purposes. Tires and readily flammable merchandise must be housed indoors at all times, on Fire Department approved storage racks to minimize the fire hazard. (5) Regulations. i. Open storage is only allowed in zoning districts as indicated in Section 106.05.01(b), “Schedule of Uses – Nonresidential,” of the zoning ordinance. ii. The area designated as open storage in LC-Light Commercial or related PD-Planned Development zoning districts shall not exceed fifteen percent (15%) of the total gross square foot of the building located on the same lot as the open storage. Permanent open storage shall not be permitted in any portion of the lot between a public street and a lines projected from the faces of the building lot lines, except as described in (5)(ix), below. iii. The square footage of the area designated for open storage in HC-Heavy Commercial, LI-Light Industrial, HI-Heavy Industrial, or related PD-Planned Development zoning districts is not restricted as long as it is located on the same lot. iv. The storage area must be attached to a wall of the principal building and enclosed by a solid masonry wall a minimum of eight (8) feet in height abutting the principal building, when a principal building exists. Additional wall height may be constructed of screening material. v. An exception to the location of open storage in (3)(i) above shall be the location of shopping carts, which may utilize designated areas within the store’s parking lot, so long as the shopping carts are gathered within steel carrels suitable for retaining carts and preventing carts from interfering with traffic flow or customer parking. vi. Open storage may not be permanently located in any fire lane, maneuvering aisle, or customer pick- up lane. vii. Open storage may not be located in any required front, side, or rear setback. viii. Open storage may not be located in any parking space (except as described in (5)(ix) below). ix. “Big Box” stores (i.e. stores greater than 50,000 square feet in size) may display garden merchandise for sale within excess parking spaces on a temporary basis. Examples of appropriate merchandise for this type of parking lot storage include, but is not limited to, mulch or soil bags, bedding plants, saplings, and storage sheds. Approval of any parking lot open storage or display shall require a revised site plan showing the location of the open storage or display, indicating the number of parking spaces required to ensure that the storage or display is located in spaces in excess of those required, and the type of merchandise to be displayed or stored. The Director shall approve or disapprove any parking lot storage or display. x. Open storage may not obstruct visibility or interfere with pedestrian or vehicular circulation. If items are placed on a sidewalk or other pedestrian area, a six (6) foot wide pedestrian path shall be maintained through or adjacent to the outside display area. The pedestrian path must be concrete or asphalt and may not be located within off-street parking areas, including parking spaces, fire lanes, maneuvering aisles, and customer pick-up lanes. xi. Nothing in this article shall prohibit temporary open storage of merchandise for display and sale during a sidewalk sale (considered “under eave” storage – See Section 106.05.03(g), “Open Storage – Under Eave Display” for regulations). xii. Special standards for businesses in operation prior to the adoption date of this ordinance (date of ordinance): a. Businesses existing prior to the adoption of this ordinance have until (one year from passage) to come into compliance with these standards. b. If the facility's primary structure is a nonconforming structure in regard to the Town's existing masonry requirements and has less than seventy-five percent (75%) masonry content, the owner may apply for administrative approval for a wooden screening fence built to the Town standards Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 131

with the following additional standard: When the storage is located adjacent to public streets, a minimum seven foot six inch (7.5) and maximum eight (8) foot tall wood privacy fence with masonry columns located at a minimum of every forty (40) feet is required. (6) Screening of open storage. i. All open storage and outside display shall be screened from the view of adjacent streets and adjacent properties unless located in an LI-Light Industrial or HI-Heavy Industrial zoning district, where open storage is required to be screened only from the street right-of-way. ii. Screening shall be a minimum of eight (8) feet in height; and a. Be of masonry construction; or b. Be constructed of metal ornamental fencing in combination with a landscape screen; or c. Be constructed of a solid, evergreen shrub landscape screen without a fence or wall. d. Evergreen shrubs used for a landscape screen shall be placed so as to create at least a six (6) foot tall solid screen within two (2) years of their planting. All landscaping shall be irrigated with an automatic sprinkler system and maintained in a healthy and growing condition. iii. Screening may not be constructed of wood fencing or chain link with slats. No screening fence may exceed eight feet, six inches (8½ feet) in height. iv. Open storage may not exceed the height of screening, unless evergreen shrubs used for a landscape screen are placed so as to create at least a six (6) foot tall solid screen within two (2) years of their installation along the length of the stored material. The open storage of living plants and trees as inventory for freestanding garden center uses may exceed the height of screening, when the garden center is developed as the primary use of the lot. v. No materials stored shall be stacked in such a manner as to be visible above the top of the screening device. Individual items that exceed the height of the screening device are permitted provided they are not stacked. vi. Vehicles kept overnight which are under or awaiting repair shall be screened from public view or stored inside the building. vii. All storage areas, including modular storage units, not screened by an intervening building shall be screened from view from any public street right-of-way and from residential uses or districts, unless located in a LI-Light Industrial or HI-Heavy Industrial zoning district. viii. Utilities or accessory facilities, such as storage tank towers that cannot feasibly be completely screened by a masonry wall shall be located and designed so as to "blend in" and to minimize visual impact from public rights-of-way and adjacent properties. Architectural design and landscaping materials shall be used in order to lessen any negative visual impact. ix. If the standards required for screening of open storage cannot be met due to site-specific issues the property owner or developer may petition the Planning and Zoning Commission to approve alternative screening methods that meet the purpose and intent of the ordinance. x. All screening shall be accomplished by an opaque screen built according to the standards outlined in Section 106.06.31, “Screening.” (7) Exceptions to screening requirements. i. No screening is required for open storage and outside display of goods, materials, merchandise, or equipment as an accessory use if generally placed “under eaves.” This area is defined as the area not more than ten (10) feet from the front building face, as designated by the main entrance and not stacked to exceed four (4) feet in height. (See Section 106.05.03(g), “Open Storage, Under Eave Display” for regulations) ii. Screening is not required for items placed adjacent to a gasoline pump island that do not exceed three (3) feet in height, except for those items expressly prohibited in Section (2) above. iii. Parked self-propelled vehicles or trailers shall not constitute open storage or outside display, except when staged, parked, or stored at collision, towing, auto storage, mini-warehouse, auto repair, or wrecker service. iv. Temporary outdoor storage may be allowed under certain circumstances. Please see Sections 106.05.03(f), “Open Storage, Temporary” and 106.05.03(g), “Open Storage, Under Eave Display” for regulations. Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 132

v. The Planning & Zoning Commission may waive these requirements if no public purpose would be served by the construction of a required screen, or if natural features (i.e. vegetation or topography) exist that sufficiently screen the open storage. (8) Approval. Town Council through the SUP or PD process.

(t) Private Street Developments/Gated Communities – Existing Subdivisions. (1) Application. Private street developments for existing residential tracts shall be considered through the Specific Use Permit process, subject to review and approval by Town Council. (2) Definition. To convert public streets to private streets, the ownership and maintenance of said streets shall be transferred to the Homeowners Association (HOA) and that association may be restrict public access on them to residents and emergency vehicles only. (3) Regulations. i. Thoroughfare Plan. Private street developments are subject to provisions of the master thoroughfare plan and the subdivision ordinance, as it exists or may be amended. Private street developments may not cross an existing or proposed thoroughfare as shown on the town’s adopted thoroughfare plan nor shall a private street development disrupt an existing or proposed hike and bike route. ii. Locations. Private street developments shall be located in an area that is surrounded on at least three (3) sides, and in any event no less than approximately seventy-five percent (75%) of the perimeter, by natural barriers or similar physical barriers created by man. Examples of natural barriers would be creeks and floodplains. Examples of similar barriers created by man would be a golf course, school location, park, railroad tracks or a limited access roadway. Non-qualifying manmade barriers include screening walls, local roadways, manmade drainage ditches, detention ponds, landscape buffers, earthen berms, utility easements and right-of-way. iii. Connectivity. The comprehensive plan calls for all plans for development in the town to include a high degree of connectivity within developments and between one development and another. Any proposed private street development adjacent to an existing public street subdivision that can be reasonably connected, including by constructing a bridge or culvert, for example, should not be approved as a private street development. The two adjacent subdivisions should allow cross- connectivity using public streets. This is especially critical when one of the two adjacent subdivisions has a school site within one of the developments. iv. Established Escrow Account. Any private street development proposed for an existing subdivision must show that the Home Owners Association has established an escrow account to be kept for the purposes of street repair and replacement. (4) Considerations for approval. The planning and zoning commission and town council shall use the criteria listed within the subsection for approval for private streets within new subdivisions, when considering a private street development plus: i. Submittal of a petition signed by 100% of the property owners in the existing subdivision requesting conversion to private streets; ii. Existence of a home owners association (HOA) that is financially able and willing be responsible for owning and maintaining the converted streets and rights-of-way; iii. Applicants must agree to contract with the town for the purchase of the installed infrastructure and rights-of-way from the town at fair market appraised value for cash in full payment, and agree to maintain the infrastructure and rights-of-way at town standards thereafter prior to the approval of the Specific Use Permit; iv. All documents are subject to the review and approval of the town attorney; and/or v. Subsequent to the approval of the private street designation, the entire subdivision affected shall be replatted to reflect the ownership changes and remove the town’s ownership and maintenance obligation from the streets and rights-of-way. (5) Approval. Town Council through the SUP or PD process.

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(u) Private Street Developments/Gated Communities – New Subdivisions. (1) Application. Private street developments for new residential tracts shall be considered through the Specific Use Permit process or through the approval of a planned development district, subject to review and approval by Town Council. (2) Definition. Private streets are constructed and maintained by the Homeowners Association (HOA) and may be restrict public access on them to residents and emergency vehicles only. (3) Regulations. i. Thoroughfare Plan. Private street developments are subject to provisions of the master thoroughfare plan and the subdivision ordinance, as it exists or may be amended. Private street developments may not cross an existing or proposed thoroughfare as shown on the town’s adopted thoroughfare plan nor shall a private street development disrupt an existing or proposed hike and bike route. ii. Locations. Private street developments shall be located in an area that is surrounded on at least three (3) sides, and in any event no less than approximately seventy-five percent (75%) of the perimeter, by natural barriers or similar physical barriers created by man. Examples of natural barriers would be creeks and floodplains. Examples of similar barriers created by man would be a golf course, school location, park, railroad tracks or a limited access roadway. Non-qualifying manmade barriers include screening walls, local roadways, manmade drainage ditches, detention ponds, landscape buffers, earthen berms, utility easements and right-of-way. iii. Connectivity. The comprehensive plan calls for all plans for development in the town to include a high degree of connectivity within developments and between one development and another. Any proposed private street development adjacent to an existing public street subdivision that can be reasonably connected, including by constructing a bridge or culvert, for example, should not be approved as a private street development. The two adjacent subdivisions should allow cross- connectivity using public streets. This is especially critical when one of the two adjacent subdivisions has a school site within one of the developments. iv. Established Escrow Account. Any private street development proposed for a new subdivision must show that the Home Owners Association has established an escrow account to be kept for the purposes of street repair and replacement. (4) Considerations for approval. i. No disruption of planned public roadways or facilities/projects (thoroughfares, parks, park trails, public pedestrian pathways, etc.); ii. No disruption to and from properties of future developments either on site or off site to the proposed subdivision; iii. No negative effect on traffic circulation on nearby public streets; iv. Not less than 100 feet of street frontage on which to locate the main entrance gate; v. No more than two (2) gated street entrances, subject to approval by the city engineer, may face a designated thoroughfare within a one (1) mile segment of that thoroughfare; vi. No impairment of access to and from public facilities including schools or public parks; vii. No impairment of the adequate and timely provision of essential municipal services (emergency services, water/sewer improvements or maintenance, etc.); viii. The main entrance to the private street development shall have adequate throat depth to provide for residents, their guests and any accidental access and have an escape aisle for those vehicles not admitted into the subdivision; ix. Existence of natural and/or qualifying manmade boundaries around seventy-five percent (75%) of the development; x. Absence of a concentration of private street developments in the vicinity of the requested private street development; and vi. Developers who wish to develop as a private street/gated community shall agree to maintain the infrastructure and rights-of-way at Town standards. (5) Approval. Town Council through the SUP or PD process.

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(v) Sexually-Oriented Businesses. Sexually oriented businesses are governed by Chapter 82 of the Little Elm Code of Ordinances.

(w) Vending Kiosk, Commercial. (1) Application. Approval of a commercial vending kiosk greater than 120 square feet in size requires a Conditional Use Permit, issued at the discretion of the Director. (2) Definition. An unmanned structure that provides a product for remuneration. Examples are ice machines, video vending machines. (3) Regulations. i. A permanent structure with a permanent foundation is required. ii. The structure should have a primarily brick/stone veneer that matches adjacent development. iii. All utility service lines shall be buried. iv. No commercial kiosk of similar type should be installed within two (2) miles of another such structure. v. Site location should not provide a strong visual presence on a major thoroughfare, nor impede fire lanes or cause other traffic flow problems, subject to review and approval by Staff. vi. Lighting and signage shall be minimal, per existing regulations. vii. Concrete parking shall be available, and a bathroom agreement or other accommodation is required if manned. viii. Permits are required, as is property owner authorization, and installation shall abide by all applicable Building, Fire, Health, Subdivision, Engineering Design, and Zoning codes. ix. The site location should be a part of a platted lot. x. Structures shall be removed with a valid demolition permit by the property owner if inoperable or abandoned for more than six (6) months. Seasonal Sales are not allowed per this use. xi. The Planning & Zoning Commission has jurisdiction over any appeals to Staff determination. xii. A development agreement between the Town and the conditional use applicant regarding the Commercial Vending Kiosk shall be required prior to issuance of a conditional use permit for the Commercial Vending Kiosk. The development agreement shall contain, at a minimum, the conditions and standards required by the Town for a Commercial Vending Kiosk. (4) Approval. Once the Director has determined that the commercial vending kiosk is appropriate for the location requested and that the regulations listed in (3), above, have been met, approval for the Conditional Use Permit may be granted.

(x) Vending Kiosk, Not-for-Profit. (1) Application. Approval of a not-for-profit vending kiosks requires a Conditional Use Permit, issued at the discretion of the Director. (2) Definition. An unmanned structure that provides a product. The fee for such product may be reduced or waived. (3) Regulations. i. If the kiosk is greater than 120 square feet in size, a structure with a permanent foundation is required. ii. The structure should have a primarily brick/stone veneer that blends with adjacent development. iii. All utility service lines shall be buried. iv. Not-for-profit kiosks of similar type shall not be installed within two (2) miles of another such structure. v. Site locations should not provide a visual distraction for drivers along major thoroughfares, nor impede fire lanes or cause other traffic flow problems, subject to review and approval by Staff. vi. The site location should be a part of a platted lot and written permission for placement from the owner of the property shall be included in the permit application. vii. Lighting and signage shall be minimal, per existing regulations. viii. Structures shall be removed with a valid demolition permit by the property owner if inoperable or abandoned for more than six (6) months. ix. The Planning & Zoning Commission has jurisdiction over any appeals to Staff determination. x. A development agreement between the Town and the applicant regarding not-for-profit vending Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 135

kiosks shall be required prior to issuance of a Conditional Use Permit for the not-for-profit vending kiosk. The development agreement shall contain, at a minimum, the conditions and standards required by the Town for a not-for-profit vending kiosk. (4) Approval. Once the Director has determined that the not-for-profit vending kiosk is appropriate for the location requested and that the regulations listed in (3), above, have been met, approval for the Conditional Use Permit may be granted.

106.05.03 ...... Special Regulations for Specific Temporary Land Uses. (a) Batch Plants, Temporary. (1) Application. The application for a temporary batch plant requires the approval of a Conditional Use Permit, issued at the discretion of the Director. (2) Definition. 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. Following removal, the tract shall be returned to its previous condition. (3) Regulations. i. Applicants for a permit to operate a temporary concrete or asphalt batching plant must submit a letter from the Texas Commission on Environmental Quality (TCEQ) indicating that the proposed facility is exempt from the permitting procedures under the standard exemption, as adopted and amended from time to time. ii. All stockpiles shall be sprinkled with water or dust suppressant chemicals, or both, as necessary to achieve maximum control of dust emissions. The stockpile sprinkler system shall be operable at all times. iii. The facility shall be operated in a manner which mitigates the effect of dust, noise and odor (including covering trucks, hoppers and chutes, loading and unloading devices, mixing operation and maintaining driveways and parking areas free of dust). iv. The facility must produce concrete or asphalt for the specific subdivision or project site upon which it is located, and may not produce concrete or asphalt for any other unrelated subdivision or project. v. Spilled cement and fly ash used in the batch shall be cleaned up immediately and contained or dampened to minimize dust emissions due to wind erosion and vehicle traffic. vi. All open-bodied vehicles transporting material from a dry batch plant to the paving mixer shall be loaded with a layer of sand on top, and the truck shall be covered with a tarp to minimize the emission of dust under existing conditions. vii. Temporary concrete batching plants (including associated stationary equipment and stockpiles) shall be located at least 500 feet from any recreational area, school, or residence. This distance limitation does not apply to structures within the boundaries of the project for which the facility is to pour concrete, provided that the facility is located on or contiguous to the project. viii. Temporary asphalt batching plants shall be located at least one-half (½) mile from any recreational area, school, or residence. ix. The temporary batch plant shall only furnish concrete, asphalt, or both, to the specific project for which the temporary permit is issued. x. The applicant shall clear the site of all equipment, material and debris upon completion of the project, and return the area as close to its original state as reasonably possible. xi. If all of the above provisions are met, the applicant is exempt from obtaining a Specific Use Permit. xii. The facility may operate only between the hours of 7:00 a.m. and 8:30 p.m., Monday through Friday, 8:00 a.m. and 8:30 p.m. on Saturdays; and 1:00 p.m. and 8:30 p.m. on Sundays. xiii. The permit for temporary concrete and asphalt batching plants shall contain an expiration date not to exceed 180 days, and shall not be transferable to any other construction company or individual. Further, the permit shall be limited to a specific construction project and shall not be transferable to any other construction project. (4) Approval. Once the Director has determined that the temporary batch plant is appropriate for the location requested and that the regulations listed in (3), above, have been met and will continue to be met, approval for the Conditional Use Permit may be granted. Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 136

(5) Revocation of permit. The following shall be grounds for the revocation of an issued permit: i. The facility fails to comply with any of the requirements as listed in this section; or ii. The facility violates any of the standards as listed on the standard exemption list adopted by the Texas Natural Resources Conservation Commission as amended from time to time. iii. The facility fails to comply with any of the requirements set forth in its Conditional Use Permit.

(b) Construction Yard, Temporary. (1) Application. The application for a temporary construction yard requires the approval of a Conditional Use Permit, issued at the discretion of the Director. (2) Definition. An open storage yard for supplies and operational equipment, but not constituting a junk or salvage yard. (3) Regulations. No specific regulations. Approval is subject to the Director’s discretion. (4) Approval. Temporary construction yards may be approved during the Site Plan process or as a separate conditional use permit application.

(c) Farmers Market, Temporary. (1) Purpose and intent. It is the purpose of this section to establish a farmers market ordinance for the Town of Little Elm in order to: i. To give Denton County and North Texas farmers alternative marketing opportunities. ii. To promote the sale of Texas-grown farm products. iii. To improve the variety and freshness of produce and related products available in Little Elm. iv. To enhance the quality of life in Little Elm by providing community activities which foster social gathering and interaction. (2) Application. The application for a Conditional Use Permit for a farmers market must meet all the requirements listed in subsection (4) and (5), below, and include a detailed site plan showing the location of vendors, bathroom facilities, and any closed streets or alleys. In addition, the following information is required: i. The applicant's full name, street address, phone number, e-mail address, and farm/organization name; ii. Copy of the valid driver's license or other state identification of the applicant or the applicant's agent; iii. A comprehensive list of products to be sold; iv. The signature of the applicant or applicants, or agents; and v. Such other information as the Town Council deems necessary. (3) Definitions. The following terms, wherever used or referred to in this ordinance, shall have the following respective meanings, unless a different meaning clearly appears from the context: Farmers market means an area containing individual vendors who offer fruits, vegetables, herbs, spices, edible seeds, nuts, live plants, flowers, and honey for sale. This definition does include the sale of meat, fish, poultry, eggs, refrigerated dairy products, or home canned or packaged items when the proper health rules and regulations are followed and/or health permit obtained. Food manager means a person who has shown proficiency of required information through passing a test that is part of a food protection management program accredited by the Texas Department of State Health Services, pursuant to CHAPTER 25 TEXAS ADMINISTRATIVE CODE, SECTION 229.172, and has responded correctly to questions as they relate to specific food operations. Health Code refers to the TEXAS FOOD ESTABLISHMENTS, 25 TEXAS ADMINISTRATIVE CODE, SECTIONS 229.161-- 229.171, and 229.173-229.175, as amended. Horticultural goods means seeds, seedlings, shrubs, trees or other nursery stock. Locally grown goods or locally produced goods means goods or products grown in Denton County or surrounding counties, which goods are sold at the farmers market by those persons or any member of the family of those persons who are substantially responsible for growing or producing said goods or products. Permit means the document, issued by the regulatory authority, which authorizes a person to operate at a farmers market. Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 137

Potentially hazardous food means a food that is natural or synthetic and that requires temperature control because it is in a form capable of supporting the rapid and progressive growth of infectious or toxigenic microorganisms; the growth and toxin production of clostridium botulinum; or, in raw shell eggs, the growth of salmonella enteritidis. Vendor means any person who participates in a farmers market by the selling of goods or products therein. (4) Regulations. i. Location. A farmers market may be permitted in the Town limits, within the following zoning districts; LC-Light Commercial, LI-Light Industrial, or in a specifically designed or designated Town park. ii. Eligibility. Applicants who already maintain food, or agricultural retail operations or retail stores in the Town of Little Elm are not be eligible to sell at a Little Elm Farmers Market. All foods must be sold retail only. iii. Dates of operation. A farmers market may be open daily year round or as otherwise designated by the Town Council. iv. Setup and maintenance. Vendors may set up on a table or sell from a truck no larger than one (1) ton (2,000 pounds). Each vendor shall be responsible for maintaining his or her space in a clean and orderly manner and shall leave the space clean and free of debris during sale hours and prior to departing after sale hours. Failure to properly maintain a market space may result in suspension of such vendor's license to do business in the farmers market. v. Site design criteria. Each vendor space must meet the following minimum criteria: a. A standard vendor space is ten feet by ten feet, and may include electricity. b. Vendor spaces shall have a concrete pad. c. All vendors shall have a sign on their space with their name and name of business/organization. vi. Parking. All parking must be concrete. One (1) space for each vendor stall and one and one-half (1½) spaces for each 200 square feet of designated market area is required. Shared parking can be approved through the SUP. Parking lots must meet the landscape requirements for a parking lot. vii. Fire lanes. Fire lanes must be approved by the Town of Little Elm Fire Marshal. viii. Health regulations. Each farmers market and each individual stand or booth selling produce, baked goods or other products that may be a health concern shall operate according to the Town's health code. a. The operator or an employee of the farmers market shall be a certified food manager. b. All items intended for human consumption must be kept off the ground above six (6) inches, at all times and be in safe and sound condition. The vendor is solely responsible for damages resulting from the sale of unsafe, unapproved or unsound goods. c. A minimum five (5) gallon capacity hand washing station is required. A hand washing station consists of:  A container with a hands free dispensing valve;  A five (5) gallon catch basin;  Potable water, approximately at on 100 degrees Fahrenheit;  Liquid hand washing soap in pump or squeeze bottle; and  Paper towel supply for the entire day. d. A conveniently located permanent toilet facility, located within 300 feet, shall be available. A letter from the business owner granting the market vendors access to toilet facilities during all hours of the farmers market operation shall be submitted with the permit application. If a permanent toilet facility is not available within 300 feet of the farmers market, then a permanent toilet facility must be located on site pursuant the following guidelines:  Fifty (50) vendor stalls or fewer = one (1) permanent toilet facility  Over fifty (50) vendor stalls = one (1) men's and one (1) women's toilet facility e. The premises occupied by the farmers market shall be kept clean and free of accumulated trash, refuse or garbage during and after the hours of operation. All discarded fresh fruits, vegetables or other products shall be placed in a plastic bag and disposed of in onsite waste containers or dumpster. All dumpsters must follow the Town ordinances regarding screening and other specifications unless approved otherwise through the SUP. Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 138

f. No potentially hazardous, pre-packaged or whole produce or products are permitted for sale, unless the following standards have been met:  Prepackaged foods: All prepackaged foods must be properly labeled.  Egg products: An egg producer that sells only ungraded eggs from their own flock may be exempt from licensing from the Texas Department of Agriculture, but must be permitted by the department of state health services or the health inspector.  Meat products: Only meat products that do not require refrigeration such as dried or salt cured meat or jerky will be allowed to be sold.  Milk products: Fluid milk, dry milks and milk products complying with Grade A standards shall be pasteurized.  Refrigerated foods. All refrigerated foods must be maintained below forty-one degrees (41°) using mechanical refrigeration that complies with standards that meet or exceed NSF and used g. Fruits, vegetables, salsas, chips, jerky and honey may be displayed for samples if the following guidelines are practiced:  All fruits and vegetables must be rinsed thoroughly in clean water.  Sample servings must be protected from contamination at all times (such as with a hinged cover or cake-type cover).  Serving must be done in a manner that protects the sample from any bare hand contact by employees. The use of gloves, single service utensils, napkins or tissues, or toothpicks may be used to sample.  A vendor who offers food samples will be required to obtain a health permit. h. Scales and weights. Every person who shall offer for sale, at a farmers market, any article by weight or measure shall have all scales, weights and measures properly examined, tested, stamped, and sealed. (5) Vendors. i. Application. Each vendor shall be required to obtain a permit issued by the Town of Little Elm at a cost of $25.00 for each thirty (30) day permit issued. Each vendor shall be required to display his or her license in a prominent position while such vendor is doing business at a farmers market. ii. Vendors’ goods and products. Vendors shall only sell items that have been approved. All goods and products sold at a farmers market must be locally grown or locally produced goods. a. Each participating vendor, upon making application for a vendor's license shall sign a statement affirming that all goods or products which vendor intends to sell are locally grown or locally produced goods as defined in this ordinance. b. Fruits and nuts, vegetable and horticultural goods may be offered for sale at the market without any special permits. c. Canned, preserved and baked items must be prepared in a certified commercial kitchen and labeled according to regulatory requirements of the State of Texas. d. Meat, poultry, eggs, cheeses and exotic animal products require a Health Permit from the Town of Little Elm if they are to be sold at a farmers market. e. Other items such as crafts and personal care items shall be allowed for sale at a farmers market without permission, but with a permit, and may not constitute more than twenty percent (20%) of the occupied vendor spaces. iii. Liability. The Town shall have no liability for any injury to the person or property of any vendor, member of a vendor's family, customer, or any other person, arising from the operation of the farmers market. iv. Vendor permit requirements. All persons wanting to sell at a farmers market must agree to the terms of this ordinance and show their agreement to this ordinance by signing the Application and other documents that accompany these rules. These forms must be returned to the Town of Little Elm and must be on file before set-up or any participation. v. Day-of applications. Vendors submitting the application and other forms, and fees, the day of the

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market, will be permitted to sell at the market. (Ord. No. 880, 2-5-2008) (6) Approval. Once the Director has determined that all the regulations listed in subsections (4) and (5), above, have been met and will continue to be met, approval for the Conditional Use Permit may be granted.

(d) Field Office, Temporary. (1) Application. Temporary field offices require the approval of a Conditional Use Permit, issued at the discretion of the Director. (2) Definition. A temporary building or structure, used in connection with a development or construction project. Temporary permits for "temporary buildings" shall be issued for a period of time not to exceed 18 months. Extensions may be granted only by the Town Council. Upon due notice and hearing by and before the Town Council, any such permits granted may be revoked if the Town Council finds the use of the building or structure is contrary to the intent of this section or results in increased noise, traffic or other conditions considered to be a nuisance or hazard. Subject to temporary permit and removal at completion of project. (3) Approval. Once the Director has determined that the temporary field office is appropriate for the time limit requested, approval for the Conditional Use Permit may be granted.

(e) Model Home, Temporary. (1) Application. Temporary use of a new residential home as part of a sales office requires the approval of a Conditional Use Permit, issued at the discretion of the Director and an approved final plat. (2) Definition. Use of a new residential home to display the construction, design, exterior and interior finishes, and provide a temporary sales office for the home builder and/or real estate agents to sell similar homes within the subdivision. (3) Approval. i. Approval of a final plat by the Planning and Zoning Commission and Town Council is required prior to the temporary occupancy of the model home. The plat need not be filed, but must be filed prior to the sale of the model home to the individual owner. ii. Approval of a Certificate of Occupancy as required by the Chief Building Official. iii. Once the Director has determined that the temporary CO has been obtained and the plat has been approved, approval for the Conditional Use Permit for temporary use as a model home may be granted.

(f) Open Storage, Temporary. (1) Application. Temporary outside display or storage requires the approval of a Conditional Use Permit with a revised site plan indicating the location of the proposed open storage or display. (2) Definition. Temporary outdoor storage and display of merchandise is not permitted to a exceed ninety (90) day duration, unless specifically allowed by the underlying zoning district or by the approval by the Director. Seasonal display of merchandise may be displayed for the normal duration of the season, so long as the display does not utilize required parking spaces or impede normal traffic patterns. (3) Location of temporary open storage or display. Open storage may not be located in any required front, side, or rear setback and must not impede vehicle or pedestrian movement on the site. (4) Storage or display in parking lots. Open storage may not be located in any parking spaces, except “big box” stores (i.e. stores greater than 50,000 square feet in size) may display garden merchandise for sale within excess parking spaces on a temporary basis. Examples of appropriate merchandise for this type of parking lot storage includes, but is not limited to, mulch or garden soil bags, bedding plants, saplings, and storage sheds. Approval of any parking lot open storage or display shall require a revised site plan showing the location of the open storage or display, indicating the number of parking spaces required to ensure that the storage is located in spaces in excess of those required, the type of merchandise to be displayed or stored, and the duration of the sale. The Director shall approve or disapprove any parking lot storage or display. (5) Approval. Once the Director has reviewed the revised site plan and has determined that the temporary open storage or display is located so that it will not impede vehicle or pedestrian movement and is appropriate for the time limit requested, approval for the Conditional Use Permit may be granted.

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(g) Open Storage, Temporary, Under Eave Display. (1) Application. Temporary outside display or storage that is located near the main entrance to the facility and generally located under the front or side eaves requires a revised site plan indicating the location of the proposed open storage or display with the approval of a Conditional Use Permit, issued at the discretion of the Director. (2) Definition. This definition includes, but is not limited to, seasonal merchandise that may be placed outside the main entrance to a facility that is on sale or featured, such as pumpkins, cords of wood, lawn mowers, barbeque grills, bedding plants, etc. This definition also includes the outdoor, under eave storage of shopping carts. This definition may also be used for the temporary use of food purveyors, such as hot dog or lemonade stands used as part of a sales promotion. (3) Timing. Such merchandise may be displayed or sold for the normal duration of the season, so long as the display is limited to the under eave area. (4) Regulations. i. Limited to ten (10) feet from the front façade of the building) so long as pedestrian and/or vehicular traffic patterns are not impeded. ii. A four (4) foot wide clearance shall be provided for a walkway within the display, if needed, and iii. A six (6) foot wide clearance shall be provided on the sidewalk leading to the entrance of the building. (5) Approval. Once the Director has determined that the temporary under eave storage or display is appropriate for the location and time limit requested, approval for the Conditional Use Permit may be granted.

(h) Seasonal Sales. (1) Application. Any application for a Conditional Use Permit for seasonal sales shall include the following: i. A letter from the property owner, allowing the proposed use. ii. A tax certificate from the State is required prior to approval of a permit. iii. A site plan drawn to scale must be submitted with the application showing property boundaries, fencing, signage, display and sales areas, existing and temporary structures, ingress and egress locations, parking and delivery areas (with surface material indicated), and location of available restroom facilities. iv. The conditional use is allowed during the time frames listed in subsection (2), below. (2) Definitions. The applicant shall choose one of the following four (4) Seasonal Sales categories: i. Holiday items. Temporary display and sale of cut holiday trees with incidental sales of holiday decorations and firewood for a maximum sixty (60) days; or ii. Fall items. Temporary display and sale of pumpkins with the incidental sale of fall decorations for a maximum of sixty (60) days; iii. Winter items. Temporary display and sale of firewood with the incidental sale of firewood accessories between October 1st and March 1st; or iv. Summer items. Temporary display and sale of snow-cones or ice-cream products between June 1st and October 1st. (3) Regulations. A permit is required for any seasonal sales operation, as defined in Section 106.01.14, “Land Use Definitions” of the code of ordinances; is only allowed during normal and generally accepted seasonal periods; and shall encompass all proposed signage, structures, uses, fencing, and other site alterations and scope of business activities. Seasonal sales are also subject to the following regulations: i. Only one (1) seasonal sales permit is allowed per applicant, per lot, or per calendar year. ii. Temporary use of tents, portable buildings (maximum 200 square feet), or other existing non- conforming structures located on the subject property is allowed for temporary offices, but is required to meet setbacks and be reviewed and approved by the Fire Marshal prior to issuance of a permit. iii. One (1) sign is allowed and shall be reviewed and approved prior to issuance of a permit. If a banner, it shall be no larger than forty-eight (48) square feet, and it may be attached to the building or be free- standing if not higher than six (6) feet off the ground. If a free-standing sign (non-banner), it shall be no larger than forty (40) square feet with a two (2) foot clear space and be no taller than eight (8) feet in height. Any sign shall be set back a minimum twenty (20) feet from the front property line, have Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 141

no electric or illuminated components, and shall abide by all other provisions of Chapter 86, Signs, of the Code of Ordinances. iv. Any temporary fencing shall be reviewed and approved prior to issuance of a permit. v. Restroom facilities for employees must be provided either on-site (e.g. portable toilet), or off-site if within 300 feet of the subject property and accompanied with a letter of permission from the property owner. vi. The site shall provide safe vehicular access, off-street parking, and accommodate the delivery of materials. Vehicular use areas shall be an all-weather surface, which can include a maintained gravel surface. vii. The scope of the activity cannot encumber required parking spaces of an adjacent business, shall be wholly located on an undeveloped lot of a minimum two (2) acres in size, and be located in a non- residential zoning district. viii. Merchandise shall be neatly organized and not haphazardly piled. Firewood seasonal sales lasting more than sixty (60) days shall be orderly stacked and shall not be sold from a trailer, unless used for customer delivery purposes and parked to mitigate visibility. ix. Within ten (10) calendar days following the permit’s expiration, the site shall be clear of all structures, fencing, signage, trailers, material, merchandise, and equipment associated with the seasonal sale operation and not existing at time of application. (4) Approval. Once the Director has determined that the temporary seasonal sales operation is appropriate for the location and time limit requested, and that all the regulations listed in (3), above, have been met and will continue to be met, approval for the Conditional Use Permit may be granted.

106.05.04 ...... New and Unlisted Uses It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the Town. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows: (a) The Director shall consider any new or unlisted use and make an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage and amount, and nature of noise, odor, fumes, dust, toxic material, and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer.

(b) The Director shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district within which use should be permitted.

(c) Appeals can be made to the Planning and Zoning Commission. The Commission shall approve the Director’s recommendation or may make its own determination concerning the classification of such use as is determined appropriate based upon its findings. (Ord. No. 226, § 13, 10-20-1986)

106.05.05 ...... Nonconforming Uses and Structures (a) Intent. Within the districts established by this Chapter or amendments that may later be adopted, there exist lots, structures, and uses of land and structures which were lawful before this Chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Chapter or future amendments. (1) It is the intent of this Chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this Chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this Chapter that nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. (2) A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this Chapter by attachment on a building or premises of additional signs intended to be seen from the street or off the premises, or by the addition of Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 142

other uses of a nature which would be prohibited generally in the district involved. (3) To avoid undue hardship, nothing in this Chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Chapter and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun in preparation for rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

(b) Nonconforming Lots of Record. (1) In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width standards, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot must conform to the regulations for the district in which such lot is located. Variance of area, width, and yard requirements may be obtained only through action of the Board of Adjustment (see Section 106.02.02(a)(3) for more information). (2) If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Chapter, and if all or part of the lots do not meet the requirements for lot width and area as established by this Chapter, the lands involved shall be considered to be an undivided parcel for the purposes of this Chapter, and no portion of said parcel shall be used which does not meet lot width and are requirements established by this Chapter, nor shall any division of the parcel be made which leaves remaining any with width or area below the requirements stated in this Chapter.

(c) Nonconforming Uses of Land. Where, at the effective date of adoption or amendment of this Chapter, lawful use of land exists that is made no longer permissible under the terms of this Chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions: (1) No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Chapter; (2) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this Chapter; (3) If any such nonconforming use of land ceases for any reason for a period of more than thirty (30) days, any subsequent use of such land shall conform to the regulations specified by this Chapter for the district in which such land is located.

(d) Nonconforming Uses of Structures. If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this Chapter that would not be allowed in the district under the terms of this Chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: (1) No existing structure devoted to a use not permitted by this Chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it located. (2) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment for this Chapter, but no such use shall be extended to occupy any land outside such building. (3) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed. Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 143

(4) When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three (3) year period, the structure thereafter shall not be used except in conformance with the regulations of the district in which it is located. (5) Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. (6) Where nonconforming use status applies to a conforming structure, such use shall be immediately terminated upon transfer to another ownership or lease.

(e) Changing Uses and Nonconforming Rights. (1) Nonconforming use to conforming use. Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not be changed back to any nonconforming use. (2) Nonconforming use to another nonconforming use. A nonconforming use may not be changed to another nonconforming use. (3) 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 106.05.05(f). Expansion of Nonconforming Uses and Structures.

(f) Expansion of Nonconforming Uses and Structures. An expansion of a nonconforming use or structure is allowed in accordance with the following. (1) Nonconforming use expansion in existing building. A nonconforming use located within a building may be extended throughout the existing building, provided. i. No structural alteration, except as provided in 106.05.05(f)(5) below, may be made on or in the building except those required by law to preserve such building in a structurally sound condition. ii. The number of dwelling units or rooms in a nonconforming residential use must not be increased so as to exceed the number of dwelling units or rooms existing at the time said use became a nonconforming use. (2) Nonconforming use prohibited from expansion beyond existing building. Nonconforming use within a building shall not be extended to occupy any land outside the building. (3) Off-street loading and parking. Nonconforming use of land or building shall not be enlarged, increased, or extended to occupy a greater area of land than was occupied at the time the land became a nonconforming use, except to provide off-street loading or off-street parking space. (4) 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 herein required which was an official "lot of record" prior to [date of adoption of ordinance], may be used for a single family dwelling. (5) Expansion of nonconforming buildings with conforming uses. Buildings or structures which do not conform to the area regulations or development standards in this ordinance but where the uses are deemed conforming shall not increase the gross floor area greater than ten percent (10%) from the date when the building became nonconforming. (6) Reuse of abandoned or vacant buildings by conforming uses allowed. Buildings or structures which have been vacant or abandoned for more than six (6) months and do not meet the current area regulations or development standards shall be allowed to be re-occupied by a conforming use.

(g) Restoration of Nonconforming Structures. (1) Total destruction. If a nonconforming structure is destroyed by fire, the elements, or other cause, it may not be rebuilt except to conform to the provisions of this Ordinance. (2) Partial destruction. In the case of partial destruction of a nonconforming structure not exceeding fifty-one percent (51%) of its total appraised value as determined by the Appraisal District, reconstruction will be permitted, but the existing square footage or function of the nonconforming structure cannot be expanded.

(h) Movement of Nonconforming Structures. (1) Relocation of a nonconforming structure within a platted lot. Nonconforming structures may be relocated Little Elm Zoning Ordinance – ARTICLE V, USE REGULATIONS Page 144

within the same platted lot. (2) Compliance. Nonconforming structures shall comply with all setback and screening requirements.

(i) Repairs and Maintenance. On any building devoted in whole or in part to an nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixture, wiring or plumbing, to an extent not exceeding ten percent of the current replacement value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this Chapter shall be not increased. Nothing in this Chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(j) Uses under Exception Provisions not Nonconforming Uses. Any use for which a special exception is permitted as provided in this Chapter shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district only for the single property granted such exception. (Ord. No. 226, § 5, 10-20-1986)

106.05.06 to 106.05.10 ...... Reserved

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ARTICLE VI – SITE DEVELOPMENT STANDARDS

PART ONE - Exterior Construction and Architectural Design Standards

106.06.01 ...... Limitations to Development. (a) Residential Development. (1) One unit per lot. Only one (1) residential unit is allowed per lot in single-family residential districts. (2) One meter per lot. Only one (1) utility meter per lot is allowed. (3) Conformance status of lots previously platted. Lots in a subdivision or shown on a plat legally approved and properly recorded in Denton County prior to the effective date of Ordinance No. 427 which do not meet the minimum lot sizes and area requirements set forth in this Chapter shall not be considered to be in violation of said requirements and, for purposes of this section, shall be deemed to conform to the requirements set forth in this section. (4) Occupation of an RV prohibited. Occupying or otherwise residing in a Recreational Vehicle (RV), camp trailer, or other wheeled vehicles parked on a single family lot or within the public right-of-way is prohibited. This is waived for visitors occupying said vehicle for a period of seven (7) days or less. (5) Foundation requirements. All residential structures within the Town, except for manufactured homes in the MH-2 district, shall be built upon engineered foundations, subject to review and approval by the Building Official.

(b) Senior Living. Multiple family dwelling, senior (senior apartment) means any building or portion thereof, which is designed, built, rented, leased or let to contain three (3) or more age-restricted (55 or older) dwelling units or apartments on a single lot, or which is occupied as a home or place of residence by three (3) or more age-restricted (55 or older) families living in independent dwelling units on a single lot. This use shall also be subject to the following requirements: (1) Minimum number of seniors in residence. At least one person fifty-five (55) years of age or older shall reside in at least eighty percent (80%) of the senior multi-family residential development's dwelling units; (2) Deed restrictions and covenants. Prior to the issuance of a certificate of occupancy, each senior multi-family residential development shall adopt a series of deed restrictions and covenants, subject to review and approval by the city attorney, establishing the development's intent to operate as a senior multi-family residential development in accordance with the requirements established herein and any other applicable law or regulation. (3) Reporting. At least once every two (2) years, each senior multi-family residential development shall provide to the development services division of the city a certified affidavit demonstrating that the requirements established herein as well as the requirements of the Fair Housing Act continue to be satisfied. (4) Revocation of CO. Failure to completely adhere to the requirements herein shall be deemed a violation of this Chapter and may result in the revocation of the development's certificate of occupancy or other penalties as detailed in Section 106.01.11, “Penalties and Enforcement” of this Chapter.

106.06.02 ...... Architectural Design Standards, Generally. (a) Applicability and process. (1) Purpose. The purpose of architectural standards is to set minimum requirements for the appearance and quality of buildings and corresponding site elements which are recognized as enhancing property values and are in the interest of the general welfare of the Town of Little Elm. (2) Applicability. The regulations provided in this subsection shall apply to all structures within all zoning districts, but shall only apply to single-family residential structures when indicated. Where the regulations of this subsection conflict with other sections or provisions of this Chapter, the regulations of this subsection shall apply. (3) Submittal information. Sufficient information shall be submitted to evaluate the architectural standards criteria outlined herein as part of the site plan submittal. (4) Color elevations and/or samples. Color elevations of all four (4) facades shall be submitted for each building,

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listing each proposed exterior material, with a percentage breakdown of each material used, exclusive of windows and doors. A listing of the selected auxiliary design standards, described herein, should also be included to ensure compliance. (5) Streetscape elements. For any proposed streetscape elements (such as bike racks, trash receptacles, lampposts, tree grates, bollards, outdoor seating, and/or other street furniture) or screening devices (masonry walls screening dumpsters, mechanical equipment, residential subdivision, etc.), graphics should also be submitted showing the material, color, height, and any other pertinent details.

106.06.03 ...... Architectural Standards for Residential Structures. (a) Intent. The intent of this subsection is to create residential neighborhoods which reflect the character of Little Elm, preserve and enhance property values, and contribute to the tax base of the Town. It is not the intent of this section to discourage innovation. The use of exceptional design features, such as alternate exterior materials or design features, or other unique and outstanding architectural ornamentation worthy of merit that make a positive contribution to the surrounding visual environment is encouraged. If the alternate design does not meet the letter of the ordinance, but is deemed to meet the intent of the ordinance, the Director shall have the discretion to allow the alternate design.

(b) Compulsory Design Standards for Residential Development. All new residences within the Town of Little Elm shall conform to the following design standards: (1) Minimum masonry requirement. The front facing exterior facades of the main building or structure shall be constructed of 100% masonry finishing material that is comprised of brick, stone, cast stone, or a combination thereof. The overall minimum masonry content of all facades shall be eighty-five percent (85%). Stucco may be used as a design feature with no more than fifteen percent (15%) of any facade other than those facing a right-of-way being made up of this material. Other materials of equal or similar characteristics may be allowed at the discretion of the Building Official. (2) Alternate stucco architecture. If a home is designed with a specific architectural style that warrants the use of stucco as the primary exterior material, including but not limited to Mediterranean, Spanish, Southwest or Modern, then the use of stucco as a primary material may be approved by the Building Official. All elements of the architectural style must be incorporated, including but not limited to clay roof tiles, typical of the style. Residences with primarily stucco finishes shall be accented with heavy wood beams, stonework or other features to enhance the style. Elevations with no discernable style that simply disregard the required masonry requirement will not be considered. (3) Cementitious fiberboard and engineered wood. Cementitious fiberboard or engineered wood may constitute up to fifty percent (50%) of the exterior facades of stories other than the first floor if the eighty- five percent (85%) masonry finishing materials is maintained overall. Cementitious fiberboard or engineered wood may also be used for architectural features, including window box-outs, bay windows, roof dormers, columns, chimneys not part of an exterior wall, or other architectural features approved by the Building Official. (4) Elevation repetition. Any house elevation shall not be repeated on the lot most directly across the street, nor shall it be repeated on two (2) lots in either direction on the same side of the street. A wide variety of elevations is desired as it augments the character of the subdivision and reduces monotony of design. Houses that have a primarily stucco exterior shall be limited to one (1) per block face. (5) Elevation masonry mix and pattern. Front elevations should use more than one type of masonry construction in a variety of patterns to vary the architectural appeal of the streetscape. Regardless of the eighty-five percent (85%) minimum Category A masonry requirements, every façade shall be a mixture of materials and no one façade may be constructed of cementitious fiberboard or engineered wood or a combination of these products. (6) Doors. Garage doors and front entry doors shall consist of stained cedar, redwood, spruce, fir or other hardwood, or other products, including products that are not wood but have a wood appearance and approved by the Town’s Building Official. (7) Roof pitch. Minimum roof pitch of residential structures is 6:12.

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(8) Roof materials. All roof materials shall meet the minimum standards as listed in the adopted International Building Code, which includes the use of solid solar shingles. (9) Screening of utility units. HVAC units shall be screened from view from streets with shrubs or a stained wood fence. (10) Mailboxes, individual. Individual mailboxes shall be brick or stone to match the residence and, where practical, be clustered in pairs. (11) Mailboxes, grouped. When mailboxes are grouped, the exterior of the structure shall be masonry, the roof made of metal materials, and maintained by the Home Owners Association (HOA). (12) Driveways. All driveways shall be concrete and have a minimum width of ten (10) feet and a maximum width of twenty-four (24) feet, unless the drive is accommodating more than a two (2) car garage. Greater drive widths shall be approved on a case-by-case basis by of the Director.

(c) Architectural Design Features. All residential structures must include at least four (4) of the following design features on the front façade or visible from the front or side street: (1) Carriage style garage door(s) with hardware; (2) Architectural pillars or posts; (3) Bay window(s); (4) Brick chimney on exterior wall; (5) Cast stone accents; (6) Covered front porches (minimum of sixty (60) square feet covered by main roof or an architectural extension); (7) Cupulas or turrets; (8) Dormers or gables; (9) Garage door not facing the street (J-swing garage style); (10) Roof accent upgrades (e.g. metal, tile, slate, solar tiles); (11) Recessed entries a minimum of three (3) feet deeper than main front façade; (12) Greater than 8:12 primary roof pitch, or variable roof pitches; (13) Transom windows; (14) Shutters; (15) Masonry arches; (16) Mixed masonry patterns; (17) Coach lights at entrances; (18) Decorative attic or gable feature, minimum two (2) square feet in size (e.g. vent, window, brick detail); (19) Decorative driveway paving (e.g. salt finish, exposed aggregate, or other treatments approved by the Town’s Building Official).

106.06.04 ...... Architectural Standards for Multi-Family Structures (including Townhomes and Patio Homes). (a) Intent. The following goals apply to multi-family and townhome development: (1) The intent of this subsection is to create buildings which reflect the lakefront character of Little Elm. The size, disposition and design of buildings play an important role in achieving that goal. (2) Multi-family buildings should be constructed in a manner that contributes to the attractiveness of the Town. (3) Buildings should be constructed in a manner, and with materials, that are highly durable and will continue to endure and be attractive over a long time, especially when adjacent to public and pedestrian areas. (4) It is not the intent of this section to discourage innovation. The use of exceptional design features, such as tower elements, exposed beams, or other unique and outstanding architectural ornamentation worthy of merit that make a positive contribution to the surrounding visual environment is encouraged and will be considered on a case-by-case basis.

(b) Exterior Materials for Multi-Family Construction. (1) Categories of exterior materials. The Town of Little Elm has categorized exterior building materials into three categories, as described below and in Table A:

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i. Category A materials are defined as the superior masonry products from which the Town prefers buildings to be predominantly constructed. Unless otherwise provided for in this Chapter, acceptable Category A masonry finishing materials are brick, natural stone, and manufactured stone. ii. Category B materials are the secondary products that the Town recognizes as masonry materials acceptable for use, but also as products that are less desirable and therefore should not be the predominant material. Unless otherwise provided for in this Chapter, acceptable Category B masonry finishing materials include three-step stucco, architectural concrete block with integrated color (i.e. split-face CMU), concrete tilt wall (colored or stamped), engineered wood, and cementitious fiberboard with integrated color (in the form of lap siding or board and batten). iii. Category C materials are accent products acceptable in limited application for architectural accents and features and for walls on upper stories of multiple story buildings. Unless otherwise provided for in this Chapter, acceptable Category C materials include metal, tile, glass block, exterior insulation and finish systems (EIFS), and wood. ARTICLE VI, TABLE A EXTERIOR CATEGORIES & MATERIALS FOR MULTI-FAMILY DEVELOPMENTS Categories Materials A Brick, Stone, or Manufactured Stone B Split-Face CMU, Stucco, Cementitious Fiber Board, Engineered Wood C Metal, Wood, Tile, Glass, EIFS Prohibited Plain Concrete Block, Aggregate, Vinyl, Plastic, Tilt Wall (2) Roof designs and materials. For buildings with a visible hip, gable or mansard roof, allowed materials include metal (standing seam), slate or tile (clay or cement, barrel or Roman-shaped). (3) Prohibited materials. Prohibited exterior surface materials include plain concrete block, concrete tilt wall, vinyl, plastic, and aggregate pea-gravel finished surfaces.

(c) Design Standards. (1) Uniform architectural style. All buildings within a common development, as shown on a development plan, conceptual plan, or site plan, shall have similar architectural styles, materials, colors and detailing. (2) Exterior materials. All structures shall be architecturally finished on all four (4) sides (exclusive of doors and windows) with a minimum of eighty-five percent (85%) Category A materials on the first floor with the remainder being comprised of Category B materials; a minimum of fifty percent (50%) Category A and on the second and third floors with the remainder being comprised of Category B materials; and with subsequent floors being comprised of either Category A or Category B materials in any percentage desired. Use of Category C materials shall be limited to decorative accents. The use of materials will create a tri- partite architecture façade that has a distinct base, middle and top, separated by horizontal elements. (See table below) (3) Two masonry materials required. At least two (2) masonry materials shall be used on all exterior facades. (4) Interior courtyard materials. Interior courtyards may be constructed of a minimum of fifty percent (50%) Category A with the remainder being comprised of Category B materials. Accents made up of Category C materials may be used within courtyard areas. (5) Facades parallel to street. Facades shall generally be built parallel to the street frontage. (6) Accessory building materials. Amenity centers, covered garages, and other accessory buildings shall meet the exterior material requirements of the first floor of the multi-family architecture. Carports shall meet the exterior material requirements of the first floor of the multi-family architecture with the exception of the support poles, which may be constructed of painted metal. (7) Amenities/hardscape. All streetscape elements and site amenities, such as bike racks, trash receptacles, lampposts, and tree grates shall be metal, rust and flake/chip resistant, and generally be black "storm cloud" in color. Bollards may be concrete or cast metal and shall be of decorative design. (8) Roof design. Roofs shall be peaked with either hip, gable or mansard design with a minimum one-to-four (1:4) pitch, or a parapet wall or false mansard design with a minimum one-to-two (1:2) pitch is acceptable

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only if constructed around the entire perimeter of a building so that no flat roof shall be visible from a public street or along an active storefront. (9) Building color. i. The dominant color of all buildings shall be muted, natural or earth-tone shades of color. Black and stark white shall not be used except as an accent color. ii. Accent colors which comprise less than one percent (1%) of the building face may use a wider spectrum of colors than those allowed as the dominant color, except that no high intensity colors, neon colors or fluorescent colors shall be used on exterior surfaces of the building. iii. Bright, reflective, pure tone primary or secondary colors are permissible only in limited application as accent colors on door and window frames, moldings, cornices, canopies, awnings, signs, etc. This provision shall not be construed as a license to employ corporate imaging or logos on the primary building facade. iv. No more than one (1) color shall be used for visible roof surfaces; however, if more than one type of roofing material is used, the materials shall be varying hues of the same color. (10) Auxiliary design standards. All multi-family and townhome primary buildings shall be designed to incorporate no less than four (4) of the architectural elements from the list below. i. Canopies, awnings, porticos with colonnade or arcades; raised pilaster cornices (end columns at corners), or quoined corners (any of various bricks of standard shape for forming corners of brick walls or a wedge-shaped piece of wood, stone, or other material, used for various ornamental purposes at corners). ii. Vertical elements (tower, cupola, lighthouse, turret, arches, etc.); iii. Accented windows and doors framed with smooth cobble, cast stone, limestone or other decorative masonry headers and sills; or dormer windows; iv. Outdoor patios and/or courtyards (landscaped and furnished); v. Decorative ornamentation integrated into the building facade, such as corbels, medallions (non- signage), functioning clocks, niches, wrought iron, balconettes, gargoyles, or horizontal and rhythm patterned brickwork; vi. Other similar architectural features, as approved by the Director.

106.06.05 ...... Architectural Standards for Commercial Structures (Includes office, retail, commercial, mixed use, etc.) (a) Intent. The following apply to non-residential developments, including institutional buildings: (1) The intent of this subsection is to create buildings which reflect the lakefront character of Little Elm. The size, disposition and design of buildings play an important role in achieving that goal. (2) Buildings should be constructed in a manner that allows flexibility to accommodate a range of uses over time in order to avoid the need to demolish and rebuild for successive uses. (3) Buildings should directly contribute to the attractiveness, safety and function of the street and public areas. (4) Buildings should be constructed in a manner, and with materials, that are highly durable and will continue to endure and be attractive over a long time, especially adjacent to public and pedestrian areas. (5) It is not the intent of this section to discourage innovation. The use of exceptional design features, such as tower elements, exposed beams, or other unique and outstanding architectural ornamentation worthy of merit that make a positive contribution to the surrounding visual environment is encouraged.

(b) Design Standards. (1) All buildings within a common development, as shown on a development plan, concept plan, or preliminary site plan, shall have similar architectural styles, materials, colors and detailing. (2) All structures shall be architecturally finished on all sides that can be seen from a public right-of-way with similar styles, materials, colors and detailing. (3) Facades shall generally be built parallel to the street frontage, except at street intersections, where a facade containing a primary building entrance should be curved or angled toward an intersection. (4) All buildings shall be designed and constructed in tri-partite architecture so that they have a distinct base, middle and top, separated by horizontal elements (see examples next page).

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(5) All buildings shall be constructed of 100% masonry finishing material, as outlined in Table B and in the proportions illustrated in Table C. (6) All streetscape elements and site amenities, such as bike racks, trash receptacles, lampposts, and tree grates shall be metal, rust and flake/chip resistant, and generally be black "storm cloud" in color. Bollards can be concrete or cast metal and shall be of decorative design.

Examples of Tri-Partite Construction

(c) Exterior Materials for All Commercial Development. (1) Categories of exterior materials. The Town of Little Elm has categorized exterior building materials for commercial buildings into three categories, as follows: (2) Category A materials are defined as the superior masonry products from which the Town prefers buildings to be predominantly constructed. Unless otherwise provided for in this Chapter, acceptable Category A masonry finishing materials are brick, natural stone, and manufactured stone. (3) Category B materials are the secondary products that the Town recognizes as masonry materials acceptable for use, but also as products that are less desirable and therefore should not be the predominant material. Unless otherwise provided for in this Chapter, acceptable Category B masonry finishing materials include three-step stucco, architectural concrete block with integrated color (i.e. split-face CMU), concrete tilt wall (colored or stamped), engineered wood, and cementitious fiberboard with integrated color (in the form of lap siding or board and batten). (4) Category C materials are accent products acceptable in limited application for architectural accents and features and for walls on upper stories of multiple story buildings. Unless otherwise provided for in this Chapter, acceptable Category C materials include metal, tile, glass block, exterior insulation and finish systems (EIFS), and wood. ARTICLE VI, TABLE B EXTERIOR CATEGORIES & MATERIALS FOR COMMERCIAL Categories Materials A Brick, Stone, or Manufactured Stone B Split-Face CMU, Stucco, Cementitious Fiber Board, Engineered Wood, Tilt-Wall Construction C Metal, Wood, Tile, Glass, EIFS Prohibited Plain Concrete Block, Aggregate, Vinyl, Plastic (5) Windows. Windows and glazing shall be limited to a minimum of thirty percent (30%) and maximum of seventy percent (70%) of each building elevation facing a street, major access lane, or side yard greater than ten (10) feet. This does not apply to big box buildings (greater than 50,000 square feet in size). Faux (i.e. false) windows are allowed for side yards. (6) Roof designs and materials. For buildings with a visible hip, gable or mansard roof, allowed materials include metal (standing seam), slate or tile (clay or cement, barrel or Roman-shaped). (7) Prohibited materials. Prohibited exterior surface materials include cinder block, vinyl, plastic, and aggregate pea-gravel finished surfaces.

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(d) Facade Design Standards for Buildings 15,000 Square Feet or Smaller. The following shall apply to all exterior walls of buildings that are 15,000 square feet or smaller and which are clearly visible from a public right-of-way or along an active storefront (see Table C): (1) Walls, excluding windows, doors and other openings, shall be constructed of a minimum eighty percent (80%) Group A materials and a maximum of twenty percent (20%) Group B materials. However, accent materials from Group C may be allowed in limited application for architectural accents or features. (2) A big box may use split-face CMU (architectural block) for up to twenty percent (20%) of the primary facade, in addition to the twenty percent (20%) of other Group B materials. (3) All exterior walls of buildings less than 15,000 square feet are considered primary facades, regardless of orientation. (e) Facade Design Standards for Buildings Larger than 15,000 Square Feet. The following shall apply to all exterior walls of buildings 15,000 square feet or larger and which are NOT clearly visible from a public street or along an active storefront, or are constructed on a property line as one of a series of in-line buildings where the wall will become part of a common wall (see Table C): (1) Primary facades. Allowed materials. Walls, excluding windows, doors, and other openings, shall be constructed of a minimum twenty percent (20%) Group A materials and a maximum of eighty percent (80%) Group B materials. In any case, the color of the walls shall match the primary facades. (2) Secondary facades. Secondary facades which are adjacent to the primary facade shall continue the primary facade treatment by wrapping the corner. This may be achieved with elements such as cornices, bases and vertical elements. In all cases, however, wall surface materials shall wrap the corner.

ARTICLE VI, TABLE C Required Percentages of Exterior Materials for Commercial Facades Percentage Breakdown Definition Primary 80% Group A Exterior walls of buildings which are clearly visible from a public 20% Group B street or along an active storefront Secondary 20% Group A Exterior walls of buildings 15,000 square feet or larger which are 80% Group B NOT clearly visible from a public street or along an active storefront

(f) Building Articulation Design Standards. Primary facades clearly visible from a public street or along an active storefront shall meet the following minimum standards for articulation: (1) Horizontal articulation. No building wall shall extend for a distance equal to three (3) times the wall's height without having an offset equal to twenty-five percent (25%) of the wall's height, and that new plane shall extend for a distance equal to at least twenty-five percent (25%) of the maximum length of the first plane. (2) Vertical articulation. No wall length shall extend for a distance greater than three (3) times the height of the wall without changing height by a minimum of twenty-five percent (25%) of the wall's height, and that new plane shall extend for a distance equal to at least twenty-five percent (25%) of the maximum length of the first plane. Pitched roofs shall count toward achieving vertical articulation, provided they are sixty-five degrees (65°) or less from horizontal.

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(g) Design Standards. (1) Two masonry materials required. At least two (2) masonry materials shall be used on all exterior facades. (2) Roof design. Roofs shall be peaked with either hip, gable or mansard design with a minimum one-to-four (1:4) pitch, or a parapet wall or false mansard design with a minimum one-to-two (1:2) pitch is acceptable only if constructed around the entire perimeter of a building so that no flat roof shall be visible from a public street or along an active storefront. (3) Landmark buildings. i. Buildings which are located on axis with a terminating street or major access lane or at the intersection of streets and/or major access lane shall be considered a landmark building. ii. Such buildings shall be designed with landmark features which take advantage of that location, such as an accentuated entry and a unique building articulation which is offset from the front wall planes and goes above the main building eave or parapet line. iii. Landmark features shall be in proportion to the building and are subject to review and approval by the Director. (4) Building color. i. The dominant color of all buildings shall be muted, natural or earth-tone shades of color. Black and stark white shall not be used except as an accent color. ii. There are no restrictions on accent colors which comprise less than one percent (1%) of the building face including wall signs, except that no high intensity colors, neon colors or fluorescent colors shall be used on exterior surfaces of the building. iii. Bright, reflective, pure tone primary or secondary colors are permissible only in limited application as accent colors on door and window frames, moldings, cornices, canopies, awnings, signs, etc. This provision shall not be construed as a license to employ corporate imaging on the primary building facade. iv. No more than one (1) color shall be used for visible roof surfaces; however, if more than one type of roofing material is used, the materials shall be varying hues of the same color. (5) Auxiliary design standards. All structures shall be designed to incorporate no less than four (4) of the architectural elements from the list below. Buildings over 50,000 square feet must include a minimum of

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five (5) of the referenced architectural elements. i. Canopies, awnings, porticos with colonnade or arcades; ii. Raised pilaster cornices (end columns at corner), or quoined corners; iii. Vertical elements (tower, cupola, lighthouse, turret, arches, etc.); iv. Accented windows and doors framed with smooth cobble, cast stone, limestone or other decorative masonry headers and sills; or dormer windows; v. Outdoor patios and/or courtyards (landscaped and furnished); vi. Decorative ornamentation integrated into the building facade, such as corbels, medallions (non- signage), functioning clocks, niches, wrought iron, balconettes, gargoyles, or horizontal and rhythm patterned brickwork; vii. Other architectural features approved by the Director.

106.06.06 ...... Architectural Standards for Industrial Structures. The following apply to structures constructed in an industrial zoning district and proposing an industrial and/or manufacturing use, per the use chart of the zoning ordinance (Section 106.05.01(b), “Schedule of Uses – Non- residential”): (1) The main entry or office area of the building shall be articulated both horizontally and vertically by at least six (6) feet or twenty percent (20%) of the adjacent wall length, whichever is greater. Building corners shall also be articulated, as approved by the Director. (2) Primary exterior facades which are clearly visible from a public street shall be constructed with a minimum ten percent (10%) Group A materials and up to ninety percent (90%) Group B materials. Group C materials may be used for accents. The Group A materials noted above shall be applied to corners, entries, and other areas in order to mitigate monotony and increase the aesthetic value. A minimum of two (2) different materials shall be used. (3) Secondary exterior facades NOT facing a public street may be constructed with up to 100% Group B materials. (4) A uniform color scheme is required. Colors shall be neutrals, creams, pastels, or deep, rich, non-reflective, natural or earth-tone colors. (5) Structures shall incorporate two (2) of the auxiliary design standards listed in Section 106.06.05(g)(5), “Architectural Standards for Commercial Structures.”

106.06.07 ...... Architectural Standards for Specific Structures. (a) Gas Pumps and Fueling Stations. (1) Roofs of the associated pump canopy of convenience store buildings shall not be flat or straight-lined, and should be noticeably pitched or otherwise distinguished, subject to review and approval by the Director. (2) Canopy columns shall be fully encased with Category A masonry materials that are complimentary to the material and color used on the main building. (3) The canopy band face shall be flat with no projections or stripes, shall not be of plastic and shall be generally a metal or masonry based material, be primarily one (1) earth-tone color that matches or accents the primary building, shall not be backlit or otherwise illuminated or used as signage, and should generally be no greater than four (4) feet in height, except as follows: i. The canopy band face may utilize one (1) small button logo on each face that can be internally illuminated, as long as each button logo does not exceed fifteen (15) square feet for bands three (3)

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feet in height and twenty (20) square feet for bands four (4) feet in height, is generally as tall as it is wide, and does not protrude more than eighteen (18) inches from the canopy in any direction. ii. The canopy band face may utilize an external LED halo type light, if properly shielded/recessed and oriented downward/upward so that only the “wash” is visible. iii. The canopy band face may utilize internally illuminated rings, as long as the source is LED, it is flush with the band face and only protrudes nominally (up to a maximum of six (6) inches), and the size of the ring does not exceed more than twenty-five percent (25%) for single rings and fifty (50%) for multiple rings of the thickness of the canopy band face. (4) Exhaust valves for underground fuel storage tanks shall be designed to be located against a building, dumpster screening wall, or other structure to mitigate their visual impact and should be an earth-tone color. If impractical, the exhaust valves may be located in an interior landscape area, if properly screened, but should not be located in the exterior landscape buffer adjacent to the public right-of-way.

(b) Mechanical Equipment. (1) Exposed conduits, ladders, exhaust valves, utility boxes and drain spouts shall be a color matching the building, an accent color, or earth-tone color. (2) Outside equipment, coolers, and/or other mechanical items shall be screened in accordance with the screening standards of the zoning ordinance, or be 100% enclosed with a Category A masonry finishing material matching the primary building. (3) All new utilities shall be underground.

(c) Dumpster Enclosures. (1) Location. Dumpster enclosures shall be placed away from the public right-of-way to the greatest extent practical, allowing for ease of access and minimum pedestrian and vehicular conflict. Gates to the dumpster enclosure should not face the right-of-way and shall be closed at all times except when accessed. (2) Minimum size. Dumpster enclosure shall be constructed a minimum of twelve (12) feet wide and fourteen (14) feet deep for a single container and twenty-five (25) feet wide and fourteen (14) feet deep for a double container – or of a sufficient size to adequately access the containers by the vehicles assigned that task. (3) Screening of dumpster enclosure. Screening of the dumpsters shall be of the same masonry material as the primary structure and be a minimum of eight (8) feet in height. Evergreen shrubs, twenty-four (24) inches in height at the time of planting, shall be planted on the three (3) solid masonry sides of the dumpster enclosure, spaced three (3) feet on center. (4) Recycling encouraged. New developments greater than three (3) acres in size are encouraged to include a recycling container along with the required dumpsters for trash.

(d) Buildings that Include Bay Doors. (1) Orientation. Bay doors shall not be oriented toward the right-of-way. (2) Screening of bay doors. If bay doors are located perpendicular to the right-of-way, a screening wall shall be provided along the side of the property that faces the bays. This screening wall shall be of masonry materials to match the primary structure and be a minimum of six (6) feet in height and a maximum of eight (8) feet in height. The location of the screening wall shall extend to the front façade of the primary structure. (3) Exception from screening. Structures that include bay doors located in the LI-Light Industrial and HI-Heavy Industrial zoning districts are not required to screen the bay doors.

106.06.08 ...... Special Area and Height Regulations. (a) Roof Mounted Equipment. Necessary mechanical appurtenances (such as chimneys, cooling towers, vent stacks, etc.), parapet walls, gables, and false mansards shall not extend more than six (6) feet above the height limit established by the zoning district.

(b) Special Features. Public or semi-public institutional buildings (e.g. schools, churches, government), where permitted, may erect special architectural features (steeples, domes, etc.) to a height not exceeding seventy-five

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(75) feet.

(c) Buildable Lot/Lot Platted. No building may be situated across existing lot lines unless an amending plat is reviewed and approved in accordance with applicable Town regulations and subsequently filed for record with the County Clerk.

(d) Designated Rights-of-Way. Where an official right-of-way line has been established for future widening or opening of a street upon which a lot abuts, then the depth or width of a yard shall be measured from such official line to the nearest line of the building.

(e) Unobstructed Air Space. Every part of a required yard shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, chimneys, buttresses, ornamental features, and eaves; and provided, however, that none of the above projections shall extend from the primary structure into a minimum side or rear yard more than four (4) feet; provided further that a structure attached to the primary structure which is open on at least three (3) sides of 200 square feet or less may project a maximum of ten (10) feet into the required rear yard. For the purposes of this section, insect screening is considered open. However, no part of the open structure may be closer than ten (10) feet to the rear property line.

(f) Fire Escapes. An open fire escape may project into a required side yard not more than half (½) the width of such yard and not more than four (4) feet from the building. Fire escapes, solid floored balconies and enclosed outside stairways may not project more than four (4) feet into the rear yard.

(g) Location of Dwellings and Buildings. Only one (1) main building for single-family, two-family, or townhouse use with permitted accessory buildings may be located upon a lot of record. Every dwelling shall face a front upon a public street, or approved place, other than an alley. Where a lot is used for retail, commercial, industrial, purposes, or a combination of same, more than one (1) main building may be located upon the lot.

(h) Sight Triangles. (1) All sight/visibility triangle distances shall be measured from the intersection edges of the curb, or where there is no curb, from the end of the pavement or gravel, unless otherwise specified. (2) Nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision over a height of two (2) feet above the centerline grades of the intersection streets in the sight triangle. Trees that encroach into the sight triangle must be limbed up to fourteen (14) feet to allow the safe passage of emergency vehicles. (3) Street Intersections. Where two (2) streets meet, the intersection shall have a sight triangle of thirty (30) feet on each street from the point of intersection at the curb. (4) Street to alley intersection. Where an alley intersects with a street, the intersection shall have a sight triangle of fifteen (15)) feet on each leg from the point of intersection at the curb. (5) Driveway to street. Where a driveway intersects with a street, the intersection shall have a sight triangle of fifteen (15) feet along the street and fifteen (15) feet along the driveway from point of intersection. (6) Driveway to alley. Where a driveway intersects with an alley, the intersection shall have a sight triangle of six (6) feet on each leg from the point of intersection. (7) The Director may require additional sight distances to be maintained where specific conditions render such provisions necessary to provide for the public health and safety.

106.06.09 – 106.06.10 ...... Reserved.

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PART TWO - Landscaping and Tree Preservation 106.06.11 ...... Landscaping General Administration. (a) Purpose and Intent. It is the purpose of this section to establish certain regulations pertaining to landscaping within the Town of Little Elm. The Town recognizes that landscaping can be a significant expense to businesses and residents. At the same time, landscaping improves the livability of residential neighborhoods, enhances the appearance and customer attraction of commercial areas, increases property values, improves the compatibility of adjacent uses, screens undesirable views, and can reduce air and noise pollution. Furthermore, these regulations provide standards and criteria for new landscaping which are intended to promote the value of property, enhance the welfare, and improve the physical appearance of the Town.

(b) Scope. (1) The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new development and existing developments that are expanding or redeveloping 30 percent or more of that development. In addition, any project authorized as a planned development (PD) must comply with the standards set forth in the PD. In unique situations, the Director shall have the ability to review and modify the applicability of these standards to proposed development. (2) The official Tree Board for the Town of Little Elm shall be the Planning and Zoning Commission.

(c) Enforcement. The provision of this section shall be administered and enforced by the Director. If, at any time after the issuance of a Certificate of Occupancy (CO), the approved landscaping is found to be in nonconformance to the standards and criteria of this section or to the approved landscape plan, the Director shall issue notice to the owner, citing the violation and describing what action is required to comply with this section. The owner, tenant or agent shall have thirty (30) days from the date of said notice to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of the ordinance from which this article derives and is subject to fines and the loss of the CO.

(d) Permits. (1) Prior to the issuance of a building, paving or construction permit for any use other than single-family dwellings, a landscape plan shall be submitted to and approved by the Community Development Department. In the event that the proposed development requires an approved site plan or master development plan, final approval shall not be granted until a landscape plan is submitted and approved. (2) Prior to the issuance of a Certificate of Occupancy (CO) for any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan required this section. (3) In any case in which a CO is sought at a time in which the Director determines that it would be impractical to plant trees, shrubs or grass, or to lay turf, a CO may be issued notwithstanding the fact that the landscaping required by the landscape plan has not been completed provided the applicant deposits cash in an escrow account in the amount of the estimated cost of landscaping that complies with this article. Such escrow deposit shall be conditioned upon the installation of all required landscaping within six (6) months of the date of the application and shall give the Town the right to draw upon the escrow deposit to complete the said landscaping if the applicant fails to do so. (Ord. No. 986, § 2, 10-20-2009)

(e) Tree Removal/Alteration. Prior to the removal or the critical alteration of any protected tree in the Town, an application for tree removal permit must be submitted and approved, unless otherwise exempt under a provision of the ordinance from which this section derives. (1) Tree removal permit. Any tree survey proposing the removal of a protected tree or trees shall be accompanied by a tree removal application. The burden shall be upon the applicant to show the necessity for any and all trees proposed for removal. (2) Fees. All tree removal applications shall be accompanied by a check made payable to the Town of Little Elm in the amount specified by Town Council. (3) Authority for review. The Director shall be responsible for the review and approval of all requests permit applications for tree removal submitted in accordance with the requirements specified herein. (4) Denial. The Director shall deny a tree removal application if it is determined that any of the following Little Elm Zoning Ordinance – ARTICLE VI, SITE DEVELOPMENT STANDARDS Page 157

conditions exist: i. Removal of the tree is not reasonably required in order to conduct anticipated activities or to develop the property; or ii. A reasonable accommodation can be made to preserve the tree; or iii. The purpose and intent of this ordinance is not being met by the applicant. (5) Appeals. Any decision made may be appealed to the Planning and Zoning Commission acting as the Tree Board. All decisions made by the Commission shall be final and binding. (6) Permit expiration. Permits for tree removal issued in connection with a building permit shall be valid for the period of that building permit's term. Permit(s) for tree removal not issued in connection with a building permit shall become void 180 days after the issue date on the permit.

(f) Tree Survey Required. All grading permits, building permits, tree removal permits, and any other development and construction permits shall contain a tree survey of the subject property, or a note on the landscape plan stating that no protected trees are located on-site. (1) Tree survey requirements. Tree surveys shall: i. Include all individual trees which have a DBH of six (6) inches or greater or which are otherwise noteworthy because of species, age, size or rarity. ii. Contain a tree location map identifying each tree by its caliper size (at DBH), common name, scientific species categorization, whether the tree is located in a floodplain or not, and whether the tree is proposed to be removed, transplanted/relocated, or preserved. iii. Illustrate the location of all existing and proposed buildings, structures, floodplains, pools, and other existing or proposed improvements for the site, including the limits of construction line, if applicable. iv. The name and phone number or arborist, licensed surveyor, or landscape architect who prepared the survey. v. These requirements may be modified by the Director as needed to administer the ordinance from which this division derives. Upon prior approval by the Director, the map exhibit may be limited only to the applicable portion of the site. An aerial photograph may be allowed if it clearly meets these requirements and the intent of the ordinance. (Ord. No. 986, § 2, 10-20-2009)

(g) Exceptions. (1) No person, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through damaging or other means, any protected tree situated on property regulated by this division without first obtaining a tree removal permit unless otherwise specified in this division. (2) A tree removal permit and tree mitigation requirements shall not be required under any of the following circumstances: i. Private property. An individually platted parcel zoned for residential uses and used as a homestead shall be exempt from the tree protection and replacement requirements of this division as it pertains to that residential property, until such time as the property is no longer used as a single-family residence. ii. Damaged/diseased trees. The tree is dead, diseased, damaged beyond the point of recovery, in danger of falling, or endangers the public health, welfare or safety, as determined by the Director. This would include removal of a diseased tree by the Town to reduce the chance of spreading the disease to adjacent healthy trees. This exception does not apply to newly planted trees that have died that are part of landscape plan, nor native trees that have short shelf lives. iii. Public infrastructure. Rights-of-way, capital improvement projects, bridges, and other activity conducted by a municipal entity, whether leased or owned, excluding property used for administration offices or functions. iv. Utility service interruption. The tree has disrupted a public utility service due to a tornado, storm, flood, or other act of God. Removal shall be limited to the portion of the tree reasonably necessary to reestablish and maintain reliable utility service. v. Business interests. The following business ventures shall be exempt from the requirements specified

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herein as follows: a. Landscape nursery: All licensed plant or tree nurseries shall be exempt from the tree protection and replacement requirements and from the tree removal permit requirements only in relation to those trees planted and growing on the premises which are so planted and growing for the sale to the general public. b. Golf course: Golf courses shall be exempt from the tree protection and replacement requirements and from the tree removal permit requirements for removal of protected trees within areas designated as tee boxes, fairways or greens. All other areas shall be subject to these requirements. (Ord. No. 986, § 2, 10-20-2009)

106.06.12 ...... Landscaping Definitions. Berm. An earthen mound designed to provide visual interest, screen undesirable views and/or decrease noise levels. Bubbler. An irrigation type that allows water to gently soak into the ground with minimal erosion or loss of water. Buffer. The use of landscaping (other than grass on flat terrain), either alone or in conjunction with berms, walls or decorative fences that at least partially and periodically obstruct the view from the street, in a continuous manner, of vehicular use areas, parking lots and their parked cars and detention ponds. Caliper. The diameter of a tree trunk measured twelve (12) inches above ground level. The caliper of a multi-trunk tree is determined by the full caliper of the largest trunk, plus half (½) the caliper of the other trunks. This measurement is used for newly planted trees. Critical root zone. The area of undisturbed natural soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the drip line. DBH. Diameter-at-breast-height (caliper) is calculated by measuring the tree trunk diameter in inches at a height of four and one-half (4½) feet above the ground. If a tree splits into multiple trunks below four and one-half (4½) feet, the tree shall be measured in two (2) places, the narrowest point beneath the split and sum of the calipers of the trunks immediately above the split. Whichever is the greater measurement is to be the measurement applied. This measurement is used for existing trees. Director. The Director of Development Services of the Town of Little Elm and includes his or her designee. Drip line. A vertical line run through the outermost portion of the canopy (leafy portion) of a tree and extending to the ground. Drought tolerant/low water demand plant. The ability of a plant to be drought tolerant is primarily due to the plant's ability to limit water loss through the leaves and acquire more water through the roots. Plants have developed several mechanisms to reduce water loss, many of which can be recognized in native and cultivated plants. Characteristics of drought tolerant plants include: small, narrow, or pinnate leaves; fuzzy surfaces; resinous surfaces; leathery leaves; and/or succulence. Green. An open space, available for unstructured recreation. A green may be spatially defined by streets, landscaping, and/or building frontages. Its landscape shall consist of lawn and trees. Groundcover. Low growing plants, deciduous or evergreen species that cover the ground and used instead of turf. Plants that generally do not exceed eighteen (18) inches in height are classified as groundcover. Impervious. A substance that does not allow the passage of water through it. Irrigation system. An automatic watering system designed for watering landscaping and landscaped areas for a specified amount of time at a specified time of day. Irrigation systems are typically used to conserve water and time. All irrigation systems shall be equipped with an approved backflow prevention device to protect the water supply (if connected to Little Elm water supply) and a freeze and rain sensor. Landscaped area. The area within the boundaries of a given lot or, where applicable, the adjoining street right-of-way, which is devoted to and consists of plant material, including, but not limited to, grass, trees, shrubs, flowers, vines and

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other groundcover, native plant materials, planters, brick, stone, natural forms, water forms, aggregate and other landscape features. Landscaping. Any live plant material such as trees, shrubs, groundcover and grass used in spaces void of any impervious material or building structure and areas left in their natural state. Large canopy tree. Sometimes evergreen, but more commonly deciduous tree planted for its high crown of foliage or overhead canopy, a large woody perennial having one (1) or more self-supporting trunks and numerous branches reaching a mature height of at least thirty (30) feet and a mature spread of at least twenty-five (25) feet. See the recommended plant materials chart for a listing of acceptable large canopy tree varieties. Low water use irrigation system. The term low water use irrigation system is used to describe any low pressure system that applies water in a controlled area. The most important feature of these systems is that it applies water very slowly and allows the water to be absorbed fully into the soil with minimal evaporation loss. Ornamental grasses. A grass type that is generally considered in the landscaping industry to have ornamental qualities, and which is typically grown in a flower garden. Typically grows to a height of between six (6) inches and thirty-six (36) inches and does not tolerate being cut below six (6) inches. These said grasses are usually used as an accent grass and not the main coverage of a yard. These grasses are commonly grown for the display of their leaves or flowers and may contain a variety of colors depending on the season. Parkway. The area of public right-of-way located between the curb or edge of pavement and the property line or between the curb or edge of pavement and the sidewalk. Plaza. An open space available for civic purposes and public commercial activities. A plaza is spatially defined by adjacent building frontages. Its landscape shall consist primarily of pavement, but may include shade in the form of planters with small ornamental trees or structure. Plazas frequently utilize fountains or water features. Protective fencing. Snow fencing, chain link fence, orange vinyl construction fencing, or other similar fencing which is approximately four (4) feet in height. This fencing is meant to be of a temporary nature. Screening. A technique used to protect and separate uses and site functions from one another for the purpose of decreasing adverse noise, wind or visual impacts and to provide privacy (e.g., walls, fences, berms, landscaping). Shrub. A self-supporting woody perennial plant of low to medium height characterized by multiple stems and branches continuous from the base, usually not more than ten (10) feet in height at maturity. Sight triangle (visibility triangle). The area of unrestricted visibility required at a corner to allow for the observation of other vehicular movement, pedestrians and cyclists in the proximity of intersecting streets and sidewalks. Small ornamental tree. A relatively low growing tree at least seven (7) feet at planting, that may grow to a mature height of up to twenty-five (25) feet and a mature spread of up to twenty-five (25) feet and provide color due to its fruit (berries), flowers or leaves. See the recommended plant materials chart for a listing of acceptable small ornamental tree varieties. Square. An open space available for unstructured recreation and civic purposes. A square is spatially defined by building frontages or streets. Its landscape shall consist of paths, lawns and trees, formally disposed. Squares shall be located at the intersection of important thoroughfares. Topsoil. Topsoil is the surface layer of soil containing partly decomposed organic debris, and which is usually high in nutrients. This term may also apply to good quality soil sold at nurseries and garden centers. Tree, protected. Any tree that has a trunk DBH of six (6) inches or greater at a height of four and one-half (4½) feet above the ground or which is otherwise noteworthy because of species, age, size or rarity. Tree valuation. An established value set by the National Arborist Association per the tree valuation schedule, set forth herein to be used for all purposes of this article. See Section 106.06.22(h), “Tree Mitigation.” Turf grass. Grass commonly used in regularly cut lawns or play areas, such as, but not limited to: Bermuda, St. Augustine, Fescue and Ryegrass blends.

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Urban tree. A tree specifically selected for its ability to withstand harsh urban conditions, its relatively low maintenance, its suitability for use in the streetscape through its noninvasive root system and upright branching habit, and its associated imagery and overtones. See the recommended plant materials chart for a listing of acceptable urban tree varieties. Weeds. Vegetation that because of its height and growth pattern is objectionable, unsightly or unsanitary; this term specifically excludes ornamental grasses, shrubs, bushes and trees, cultivated flowers and cultivated crops. Xeriscaping. A method of landscaping that emphasizes water conservation, accomplished by following sound horticultural and landscaping practices, such as planning and design, soil improvement, limited turf areas, use of mulches, use of low water demand plants, efficient irrigation practices and appropriate maintenance. Yard, front. The area extending across the front of a lot between the side lot lines and the minimum horizontal distance between the street, the main building or any projections thereof other than the projections of uncovered steps, balconies or porches. On corner lots, the front yard shall face the street on which the lot has the shortest dimension. Yard, rear. The area extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the projections of uncovered steps, unenclosed balconies or unenclosed porches. Yard, side. The area between the main building and the side line of the lot, and extending from the required front yard to the required rear yard and being the minimum horizontal distance between a side lot line and the side of the main buildings or any projections thereof. (Ord. No. 986, § 2, 10-20-2009)

106.06.13 ...... Landscaping Plans. (a) Landscape Plan Submittal. Landscape plans shall be submitted to the Community Development Department as a part of the site plan submittal. The Director shall review such plans for compliance with the criteria of these regulations. If the plans are not in accord, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance.

(b) Landscape Plan Requirements. Landscape plans must be prepared and sealed by a registered landscape architect and shall contain the following information: (1) Minimum scale of one (1) inch equals fifty (50) feet; (2) A symbol indicating north; (3) A tree survey with the location, size and species of all on-site trees; or a note indicating that no protected trees exist on-site; (4) Location of all plant and landscaping material to be used including plants, paving, benches, screens, fountains, statues or other landscape features; (5) The species, size, spacing and quantities of all plant material to be used in a tabular form (shall be from the recommended plant materials list); (6) A list of all plant material proposed to be used that does not come from the recommended plant materials list. This plant material must also be specifically designated on the landscape plan; (7) The date of the landscape plan, including any revision dates; (8) Layout and description of irrigation systems including placement of water sources. A Texas License Irrigation Seal is necessary on all irrigation plans; (9) Description of detention and retention facilities (if applicable); (10) Description of maintenance provision for the landscape plan; (11) Person(s) responsible for the preparation of landscape plan, including the landscape architect's seal; (12) Dimensions of all required landscape setbacks; (13) Description of any hardscape features; (14) Parking lot layout with location of dumpster(s) and dumpster screen(s); (15) An analysis table of ordinance requirements and the associated landscaping (including point requirements, interior and perimeter landscaping); (16) Indication that all landscaped areas, including parkways and medians, will have a minimum of six (6) inches

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of topsoil; (17) Additional information as deemed necessary to adequately evaluate the landscape plan. (Ord. No. 986, § 2, 10-20-2009) (18) Dumpster enclosure(s) shall be shown on the landscape plan. Dumpster enclosures shall not be seen from the public right-of-way. Screening of the dumpsters shall be of the same masonry material as the primary structure and be a minimum of eight (8) feet in height. Evergreen shrubs, twenty-four (24) inches in height at the time of planting, shall be planted on the three (3) solid masonry sides of the dumpster enclosure, spaced three (3) feet on center.

(c) Landscape Plan Standard Notes. The following standard notations shall be placed on all landscape plans: (1) The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding and such activities common to the maintenance of landscaping. (2) Landscape areas shall be kept free of trash, litter, weeds and other such material or plants not a part of the landscaping. (3) No substitutions for plant materials are allowed without written approval by the Director and acknowledged by an approval stamp on the landscape plan. (4) The right-of-way adjacent to required landscape areas shall be maintained by the adjacent property owner in the same manner as the required landscape area. All driveways will maintain visibility as approved by the Director. All plantings intended for erosion control will be maintained. The Town may require revegetation to prevent erosion or slippage. (5) All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials which die shall be replaced with plant material of similar variety and size, within thirty (30) days or a date approved by the Director, based on current seasons and weather conditions (e.g. drought or freeze). (6) When power lines are present, trees shall not be planted underneath and should be oriented in a manner to avoid conflict. Substitution of plant material is not allowed without prior written authorization from the Director. (7) All required landscape areas shall be provided with an automatic underground irrigation system with rain and freeze sensors and evapotranspiration (ET) weather-based controllers and said irrigation system shall be designed by a qualified professional and installed by a licensed irrigator. (8) All trees are to be equipped with a bubbler irrigation system. (9) Required landscaped open areas and disturbed soil areas shall be completely covered with living plant material, per the landscape ordinance. (10) All streetscape furniture (benches, bollards, lampposts, trash receptacles, patio furniture, bike racks, etc.) shall be a chip and flake resistant metal, decorative, and generally black "storm cloud" in color. (Ord. No. 986, § 2, 10-20-2009)

106.06.14 ...... Landscaping Standards. (a) Quality. Plant materials used in conformance with the provisions of this article shall conform to the standards of the American Standard for Nursery Stock, or equal thereto. Grass seed, sod and other material shall be clean and reasonably free of weeds and noxious pests and insects.

(b) Quantity. The quantity of plant material required by this article must equal or exceed the minimum number of plants required by this article. Unless otherwise noted on the approved landscape plan, required plant material can be placed in groupings or utilized in appropriate planting designs that are proposed by the landscape architect and approved by the Town. All required landscaped open areas shall be completely covered with living plant material. Mulch and rock can be used in conjunction with shrub and tree plantings in smaller areas.

(c) Trees. Trees required by this article shall be from the recommended plant materials list or a species recommended by the landscape architect and approved on the landscape plan. All required trees shall be common to this area Little Elm Zoning Ordinance – ARTICLE VI, SITE DEVELOPMENT STANDARDS Page 162

of Texas, and shall have a single trunk limbed up to six (6) feet. Trees shall be of a minimum of three (3) caliper inches when measured twelve (12) inches above ground at time of planting. When the type of tree required is unclear, it is assumed that a large canopy tree is required, unless otherwise approved by the Director. (1) No more than twenty-five percent (25%) of the required trees shall be of the same species for any tree type (large, small, or urban) in order to discourage monocultures and the spread of disease. (2) Three (3) trees from the small ornamental tree list may be substituted for one (1) large canopy tree, not to exceed twenty-five percent (25%) of the required large trees. (3) Large canopy trees must be planted four (4) feet or greater from curbs, sidewalks, utility lines, screening walls and/or other structures. Small trees can be placed closer than four (4) feet, with approval on landscape plan. Utility installation that includes common trench and conduit banks is exempt from the large canopy tree planting distance requirements. (4) Trees and shrubs shall not overhang or encroach upon walkways, drives, parking areas, and traffic signs to the extent that they interfere with the intended use of these facilities. (5) Tree wells shall be a minimum twenty (20) square feet in size with generally similar lengths and widths. (6) No landscaping shall be required for the interior of structured parking facilities.

(d) Shrubs and Hedges. Evergreen screening plants shall be at least twenty-four (24) inches high at time of planting and shall be a type and species on the recommended plant list that will attain a minimum height of three (3) feet within eighteen (18) months of planting and will form a continuous hedge. Sporadic breaks in the hedge row may be approved to achieve unique designs.

(e) Vines. Vines shall be a minimum of two (2) feet in height immediately after planting and may be used in conjunction with fences, screens or walls to meet screening requirements as specified.

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

(g) Lawn Grass. Grass areas shall be sodded, except that large, expansive lawn areas may be hydromulched, plugged, sprigged or seeded with approval from the Director, as long as the edges, adjacent to the curb and within six (6) feet of the sidewalk or curb, are sodded, to reduce water and soil runoff.

(h) Hardscape. Horizontal hardscape elements, where required, should utilize smooth cobble river stone, where appropriate.

(i) Credit for Existing Trees. Any protected trees preserved on a site meeting the herein specifications shall be credited toward meeting the tree requirement of landscaping provisions that apply to the area where the tree is preserved. Trees of exceptional quality due to size, large canopy cover, trunk diameter, rareness, age or species may, at the discretion of the Director, be credited as two (2) trees under the minimum landscape area requirements.

(j) Compliance Letter. Prior to issuance of a Certificate of Occupancy (CO), a letter must be submitted to the Director from the landscape architect indicating the site is in compliance with the approved landscape plan.

(k) Detention/Retention Ponds. Stormwater control devices, such as detention/retention basins and ponds, shall be landscaped to reduce their visual impacts. Such landscaping shall not negatively impact the operation of such devices, but may include suitable planting materials that will control siltation and erosion, and in all cases shall be sodded. Ponds shall be designed in one of the following ways, subject to review and approval by the Town Engineer: (1) Basic (dry) ponds shall have a decorative retaining wall or slopes no greater than four-to-one (4:1), shall provide a large canopy tree each thirty (30) linear feet of the perimeter, and shall provide a minimum four (4) inch high black tubular metal (wrought iron style) fence around the perimeter with evergreen screening. (2) Amenity detention (dry) ponds shall be designed in a manner to be an amenity to the development by providing a gentle six-to-one (6:1) slope (a partial decorative stone retaining wall may be allowed), a large Little Elm Zoning Ordinance – ARTICLE VI, SITE DEVELOPMENT STANDARDS Page 163

canopy tree for each thirty (30) linear feet of the perimeter (which may be clustered), benches and trash receptacles. (3) Amenity retention (wet) ponds shall be designed in a manner to be an amenity to the development by providing a gentle six-to-one (6:1) slope (a partial decorative stone retaining wall may be allowed), a large canopy tree for each thirty (30) linear feet of the perimeter (which may be clustered), benches and trash receptacles. Such ponds shall include aeration to ensure water quality. (Ord. No. 986, § 2, 10-20-2009)

106.06.15 ...... Plant List (a) Approved List of Plant Materials. All required plant material, including required residential trees, shall be from the following list unless alternate plant materials are approved through the landscape plan:

ARTICLE VI, TABLE D - PLANT LIST, APPROVED LARGE CANOPY TREES Bald Cypress Bigtooth Maple Burr Oak Caddo Maple Cedar Elm Chinquapin Oak Chinese Pistache Dawn Redwood Ginkgo Homestead Elm Italian Stone Pine Lacebark Elm Live Oak Montezuma Cypress Pecan Pond Cypress Red Oak Shantung Maple Southern Magnolia Texas Ash Trident Red Maple Urbanite Ash SMALL ORNAMENTAL TREES American Smoketree Carolina Buckthorn Crepe Myrtle (tree form) Desert Willow Dogwood Eve’s Necklace Flameleaf Sumac Golden Raintree Italian Cypress Japanese Maple Lacey Oak Mexican Buckeye Possumhaw Holly Redbud Savannah Holly Teddy Bear Magnolia Viburnum Vitex Wax Myrtle Yaupon Holly URBAN TREES Allee (Lacebark) Elm Chinese Pistache Ginkgo Homestead Elm Lacey Oak Pond Cypress Shantung Maple Teddy Bear Magnolia Urbanite Ash DESERT TREES Chinese Windmill Dwarf Palmetto Mexican Blue Palm Mexican Sabal Palm Pindo Palm Washington Fan Palm EVERGREEN SCREENING SHRUBS (low – less than 5 ft.) Agarito Boxwood Dwarf Abelia Dwarf Burford Holly Elaeagnus (Silverberry) Euonymus Grayleaf Cotoneaster Indian Hawthorn Juniper (several varieties) Nandina Texas Sage EVERGREEN SCREENING SHRUBS (high – 5’ or greater) Austrian Black Pine Cleyera Eastern Red Cedar Foster Holly Leyland Cypress Little Gem Magnolia Nelly R. Steven’s Holly Sweet Viburnum Waxleaf Ligustrum OTHER APPROVED SHRUBS American Beautyberry Apache Plume Aralia Aucuba Autumn Sage Azalea Barberry Black Dalea Burning Bush Chinese Fringe Flower Desert Spoon Dwarf Crepe Myrtle Flowering Quince Holly (multiple varieties) Horizontal Cotoneaster Leatherleaf Mahonia Pampas Grass Red Yucca Rose (shrub form) Spirea Turk’s Cap

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VINES Boston Ivy Carolina Jasmine Confederate Star Jasmine Coral Honeysuckle Crossvine English Ivy Japanese Honeysuckle Rose (climbing variety) Trumpet Vine Virginia Creeper GROUNDCOVER Ajuga Asian Jasmine Bermuda Grass Buffalo Grass Creeping Juniper Fountain Grass Liriope (Monkey Grass) Mondo Grass Purple Wintercreeper St. Augustine Tall Fescue Zoysia ARTICLE VI, TABLE D - PLANT LIST, PROHIBITED Bois D’Arc Bradford Pear Catalpa Cottonwood Hackberry Lombardy Poplar Mesquite Mimosa Mulberry Red Tip Photinia Siberian Elm Silver Maple (Ord. No. 986, § 2, 10-20-2009)

106.06.16 ...... Residential Landscape Requirements. (a) Single-Family Requirements. (1) Landscape plans. Landscape plans are not required for detached single-family homes or duplexes; however, the following standards must be met prior to the issuance of a Certificate of Occupancy. (2) Irrigation required. All front yards must be irrigated with an automatic underground irrigation system with rain and freeze sensors and evapotranspiration (ET) weather-based controllers. (3) Tree bubblers required. All trees are to be equipped with a bubbler irrigation system. (4) Yard: All residential lawns must be covered with vegetation, including grass, living groundcover, mulch, and/or decorative stone, in order to help hold the soil in place and prevent erosion. Mulch, living groundcover, gravel, rock gardens, and decorative stone may be used for patterns, beds, erosion control, and in other limited application; however their use shall not be the predominant groundcover. i. Stone, gravel and rock. If stone, gravel, decorative rock, crushed granite or other non-plant derived materials are used in a residential front yard, no more than thirty percent (30%) of the yard area may be made up of these materials. Non-plant derived materials should be used as an accent to the areas of the lawn made up of sod, living ground cover, low bushes or plants, or mulch and shall include vegetative plantings within the stone/rock beds. In no case shall stone, gravel, rock or other non- plant derived materials be installed so that an impermeable surface area is created. ii. Artificial or synthetic turf (e.g. AstroTurf™). Artificial or synthetic turf is prohibited in any yard that can be viewed from a public street. (5) Vegetation requirements. Trees shall be planted to meet the total number of caliper inches referenced in the table below. Required large trees shall not be smaller than three (3) caliper inches; required small trees shall not be smaller than two (2) caliper inches in size. All plants shall be selected from the Approved Plant List. Trees planted in the front yard or side yard on a corner shall be planted in the area between residence and the sidewalk. No trees shall be planted in the area between the sidewalk and the street pavement. ARTICLE VI, TABLE E VEGETATION REQUIRED PER RESIDENTIAL LOT Number of Number of Total Number Width of Lot Trees in Front Trees in Rear of Shrubs Yard Yard 30-49 foot lot, front or J-swing entry 1 large 1 large/1 small 8 30-49 foot lot, rear entry 1 large 1 large 10 30-49 foot lot, corner lot 1 large/1 small 1 large 10 50-69 foot lot, front or J-swing entry 1 large/1 small 1 large/1 small 12 50-69 foot lot, rear entry 2 large/1 small 1 large 15

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50-69 foot lot, corner lot 3 large/1 small 1 large 15 70-89 foot lot, front or J-swing entry 1 large/2 small 2 large/1 small 18 70-89 foot lot, rear entry 2 large, 1 small 1 large/2 small 22 70-89 foot lot, corner lot 3 large, 1 small 1 large/2 small 22 90 foot lot and larger, front or J-swing entry 2 large, 2 small 2 large/2 small 20 90 foot lot and larger, rear entry 2 large, 2 small 2 large/2 small 24 90 foot lot and larger, corner lot 3 large, 2 small 2 large/2 small 24 Cul-de-sac lots1 Note 1. On a cul-de-sac lot or a lot with a pronounced curve limiting the area of the front yard, one large tree may be moved from the front to the rear lot but must be replaced with a small tree in the front yard. (6) Hardscape. All residential developments submitted after the adoption of this ordinance shall be required to include stained and stamped crosswalks at the entrances to the development. (7) Residential development entries. The landscape island at the main or secondary entrances to the residential development shall be within a platted common area lot to be owned and maintained by the homeowners association (HOA). Landscaped entries shall be a minimum size of six (6) feet by thirty (30) feet and may include a monument entrance sign. Entry designs shall be subject to the approval of any HOA and the Director.

(b) Townhome Requirements. (1) Minimum front yard landscaping. Townhome frontages shall be required to landscape a minimum of six (6) feet between the edges of the sidewalk and the primary building facade, excluding access to sidewalks, stairs, stoops, porches and patios. This area shall be landscaped with groundcover, low shrubs and a small ornamental tree. (2) Minimum open space. Open space and landscaping for townhome developments: i. A minimum open space for a townhome development shall be an area equal to fifteen percent (15%) of the building's footprint. ii. A minimum of three (3) large canopy trees and six (6) small ornamental trees shall be provided for every 1,600 square feet of open space area. Four hundred (400) square feet of shade structure may replace the requirement for one (1) shade tree. (3) Hardscape. All townhome developments submitted after the adoption of this ordinance shall be required to include stained and stamped crosswalks from parking lots or structures to the main entrances of the buildings and other areas, as determined to be appropriate by the Director. (4) Stone, gravel and rock. If stone, gravel, decorative rock, crushed granite or other non-plant derived materials are used in a residential front yard, no more than twenty percent (20%) of the yard area may be made up of these materials. Non-plant derived materials should be used as an accent to the areas of the lawn made up of sod, living ground cover, low bushes or plants, or mulch and shall include vegetative plantings within the stone/rock beds. In no case shall stone, gravel, rock or other non-plant derived materials be installed so that an impermeable surface area is created. (5) Artificial or synthetic turf. Artificial or synthetic turf is prohibited. (6) Entrances to townhome developments. The landscape island at the main or secondary entrances to the townhome development shall be within a platted common area lot to be owned and maintained by the homeowners association (HOA). Landscaped entries shall be a minimum size of six (6) feet by twenty (20) feet and may include a monument entrance sign. Entry designs shall be subject to the approval of any HOA and the Director.

106.06.17 ...... Multi-Family Landscape Requirements. (a) Minimum Open Space. New multi-family developments shall use the following regulations: (1) Open space per bedroom. Each lot or parcel of land used for multiple-family residences shall provide on the same lot or parcel of land usable open space, in accordance with the table below:

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ARTICLE VI, TABLE F MULTI-FAMILY OPEN SPACE REQUIRED PER BEDROOM Number of Bedrooms1 Open Space Required 1 400 square feet Each additional bedroom over 1 Additional 300 square feet Note 1 Each manufactured home site in the MH-2 district will be calculated as a two-bedroom unit for the open space requirement. (2) Minimum dimensions. Each open space area shall have a minimum dimension of not less than thirty (30) feet. (3) Minimum overall percentage of open space. No less than fifteen percent (15%) of the required open space shall be arranged or located as a contiguous mass. This contiguous mass must be located within the required open space. (4) Credits for amenities. In meeting this requirements, a credit of three (3) square feet may be applied for each square foot utilized for: i. Swimming pools and adjacent decks, patios or lounge areas within ten (10) feet of a pool; ii. Developed and equipped children's play areas; iii. Usable portions of recreational buildings; and iv. Private balconies and enclosed patios with a minimum dimension of five (5) square feet. Tennis courts are specifically excluded from this credit allowance. (5) Credit for sloped areas. At the time of site plan approval, the Planning and Zoning Commission and Town Council may give full or partial credit for open areas that exceed the maximum slope, if it is determined that such areas are environmentally significant and that their preservation would enhance the development. (6) Access to public parks. At the time of site plan approval, the Planning and Zoning Commission and Town Council may allow a credit not to exceed ten percent (10%) of the total required usable open space for adjacent and immediately accessible public parks. The combined credit for areas calculated at a three to one (3:1) basis and for public parks shall not exceed fifty percent (50%) of the total usable open space for an individual lot or parcel of land. (7) Minimum number of trees in open space. One (1) large canopy tree shall be provided per 2,000 square feet of required open space. (8) Hardscape. All multi-family developments submitted after the adoption of this ordinance shall be required to include stained and stamped crosswalks from parking lots or structures to the main entrances of the buildings and other areas, as determined to be appropriate by the Director. (9) Stone, gravel and rock. If stone, gravel, decorative rock, crushed granite or other non-plant derived materials are used in a residential front yard, no more than twenty percent (20%) of the yard area may be made up of these materials. Non-plant derived materials should be used as an accent to the areas of the lawn made up of sod, living ground cover, low bushes or plants, or mulch and shall include vegetative plantings within the stone/rock beds. In no case shall stone, gravel, rock or other non-plant derived materials be installed so that an impermeable surface area is created. (10) Mailboxes. When mailboxes are grouped or clustered, they may be located in the right-of-way. The exterior of the mailbox structure shall be masonry to match the main buildings and the roof made of metal materials or materials that match the main buildings. (11) Artificial or synthetic turf. Artificial or synthetic turf is prohibited. (12) Entrances to multi-family developments. The landscape island at the main or secondary entrances to the multi-family development shall be within a platted lot to be owned and maintained by the management company. Landscaped entries shall be a minimum size of six (6) feet by thirty (30) feet and may include a monument entrance sign. Entry designs shall be subject to the approval of the Director.

106.06.18 ...... Commercial Landscape Requirements. (a) Interior Landscape Requirements: (1) Minimum landscaped area. A minimum of ten percent (10%) of the gross vehicular use area shall be devoted to living landscape which includes grass, groundcover, plants, shrubs and trees. This is to be measured from

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the edge of the parking and/or driveway paving and sidewalks. Where practical, the majority of this landscaped area should be visible from the roadway. (2) Minimum trees provided overall. There shall be a minimum of one (1) large canopy tree planted for each 400 square feet or fraction thereof of required interior landscape area. Three (3) small ornamental trees, a minimum of six (6) feet in height and three (3) inches in diameter, may be substituted for one (1) required large canopy tree not to exceed twenty-five percent (25%) of the required large canopy trees. (3) Parking lot islands and terminus row islands. Interior areas of parking lots shall contain planting islands located so as to best relieve the expanse of paving. Such islands shall contain at least one (1) large canopy tree, and shall be located at the terminus of all parking rows. The remainder of the island space shall be landscaped with shrubs, lawn and living groundcover not to exceed three (3) feet in height. Any trees located within a planting island may be counted towards the required number of interior trees. The minimum total area of such islands shall be nine (9) feet by eighteen (18) feet, but may design the radii to facilitate traffic maneuverability. (4) Parking lot island spacing. Planting islands shall not be spaced greater than every twelve (12) spaces unless approved on the landscape plan in order to preserve existing trees and natural features or due to unique site features. In all cases, the total area requirements for landscaped islands for the respective parking areas shall be satisfied. (5) Parking lot swales. In some cases, the use of landscaped swales in lieu of curbs and/or curb stops may be allowed. Appropriate drainage plans and plants must be submitted if this option is proposed. (6) Big Box parking lot walkway. “Big Box” stores may, in lieu of providing a tree every twelve (12) spaces, choose to provide a minimum ten (10) foot wide continuous landscape island every eight (8) single rows of parking, with a large canopy tree every thirty (30) linear feet, subject to review and approval by the Director. This does not waive the requirement for terminus islands and trees on parking rows. (7) Entrances to Big Box stores. In “big box” developments of 50,000 square feet or more, an urban tree shall be placed in a tree grate or tree well every thirty (30) feet on center within a minimum twelve (12) foot wide sidewalk along active storefronts and mixed-use building fronts. Trees may be clustered so not to block the main entrance. Facade trees are not required in areas with an architectural arcade. (8) Vehicular access drives. A small ornamental tree is required along major access lanes every twenty-five (25) linear feet within a development where reasonable, subject to review and approval by the Director. (9) Pedestrian connections. One (1) urban tree is required along internal pedestrian connections every thirty (30) linear feet. (10) Curbs and wheel stops. All landscaped areas will be protected by a raised four (4) inch concrete curb and/or wheel stop. Wheel stops are required for all perimeter parking spaces. Pavement will not be placed closer than four (4) feet from the trunk of a tree unless approved by the Director. (11) Hardscape. All nonresidential developments submitted after the adoption of this ordinance shall be required to include stained and stamped crosswalks from parking lots or structures to the main entrances of the buildings and other areas, as determined to be appropriate by the Director. (12) Variety. The applicant is also encouraged to plant a variety of ornamental trees, shrubs and flowers in addition to the required plantings. Any permeable surface not occupied by trees, shrubs, planting beds, signs or other permitted fixtures shall be planted with turf or other living groundcover. (13) Stone, gravel and rock. If stone, gravel, decorative rock, crushed granite or other non-plant derived materials are used in an interior landscape area, no more than twenty percent (20%) of the area may be made up of these materials. Non-plant derived materials should be used as an accent to the landscaped areas made up of sod, living ground cover, low bushes, plants, or mulch and may include vegetative plantings within the stone/rock beds. In no case shall stone, gravel, rock or other non-plant derived materials be installed so that an impermeable surface area is created. (14) Artificial or synthetic turf prohibited (e.g. AstroTurf™). Artificial turf is prohibited in interior landscape areas. (15) Exception to interior landscape requirements. Industrial uses shall be exempt from the interior landscape requirements, subject to review and approval by the Director.

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(b) Perimeter Landscape Requirements: (1) Vehicular screening from right-of-way. All vehicular use areas shall be screened from all abutting properties and the public right-of-way with a wall, fence, evergreen hedge, berm or other durable landscape barrier. Plants and shrubs used in living barriers shall be at least twenty-four (24) inches high at time of planting and shall be a type and species from the recommended plant list that will attain a minimum height of three (3) feet within eighteen (18) months of planting and will form a continuous hedge. Sporadic breaks in the hedge row may be approved to achieve unique designs. Any landscape barrier not containing live plants or trees shall be a minimum of three (3) feet high at time of installation. (2) Minimum landscape buffer along rights-of-ways. Except in the Lakefront District, for all residential, nonresidential and multiple-family parcels, a minimum twenty (20) foot landscape buffer adjacent to the right-of-way is required. (3) Landscape ROW buffer corner clip. For all nonresidential and multifamily parcels located at the intersection of two (2) dedicated public rights-of-way (ROW), a minimum twenty (20) foot landscape buffer shall be provided parallel to the corner clip right-of-way dedication. (4) Minimum number of trees within ROW landscape buffers. Landscape buffers adjacent to the public right-of- way shall contain at least one (1) large canopy tree each thirty (30) linear feet or fraction thereof of street frontage, inclusive of driveways. Trees may be grouped or clustered to facilitate site design. (5) Landscape buffers between properties. A perimeter landscape buffer of at least ten (10) feet in width shall be maintained between adjacent properties. This landscaping can be reduced to five (5) feet when abutting property of the same zoning. This buffer does not apply to various lots within a unified development. Access ways between lots may be permitted through all perimeter landscape areas. (6) Minimum number of large trees within perimeter landscape buffers. Perimeter landscape buffers not adjacent to the public right-of-way shall contain at least one (1) large canopy tree every forty (40) linear feet or fraction thereof when adjacent to another commercial use, and at least one (1) large canopy tree every twenty-five (25) linear feet when adjacent to residential uses or zoning. Trees may be grouped or clustered to facilitate site design and shall be appropriately staggered when adjacent to property of the same zoning. (7) Minimum number of small trees within perimeter landscape buffers. For every five (5) large canopy trees or fraction thereof required along the street frontage and perimeter, three (3) ornamental trees shall also be provided. (8) Stone, gravel and rock. If stone, gravel, decorative rock, crushed granite or other non-plant derived materials are used in a perimeter landscape area, no more than ten percent (10%) of the area may be made up of these materials. Non-plant derived materials should be used as an accent to the landscaped areas made up of sod, living ground cover, low bushes, plants, or mulch. In no case shall stone, gravel, rock or other non-plant derived materials be installed so that an impermeable surface area is created. (9) Artificial or synthetic turf. Artificial or synthetic turf is prohibited in perimeter landscape areas.

(c) Landscape Point System: (1) Purpose. The purpose of the landscape point system is to afford developers the freedom to design interesting and unique landscaping to augment the architecture of the development. Developers are encouraged to be creative in selecting the amenity type to create unique and memorable features. (2) Points shown on plan. Landscape plans must show a minimum number of points in order to obtain approval. Landscape points are determined by the size of the lot being developed. These requirements are in addition to the interior and perimeter landscaping requirements. ARTICLE VI, TABLE G NUMBER OF LANDSCAPE POINTS PER ACRE Site Size Minimum Number of Points Required <3 acres 25 points Between 3 and 15 acres 30 Points >15 acres 35 Points (3) List of amenities and points earned. The following is a list of landscape elements and their associated point

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value, subject to review and approval by the Director: ARTICLE VI, TABLE H LANDSCAPE POINTS EARNED PER AMENITY Number of Amenity Type/Size Points Hardscaping, signage, or architectural features that include reference to Little Elm’s lakefront 10 character, such as use of sailboats or lighthouses in amenities Enhanced entranceway paving (using pavers, cobble or different colored-stamped concrete) 5 Enhanced hardscape (stamped crosswalks, decorative cobble walkways, meandering sidewalks, 5 etc.) Enhanced landscaping (within development and at the entranceways of the development) 5 Enhanced site canopy (planting perimeter trees one per 30 feet AND locating a parking island 5 every ten spaces) Enhanced streetscape elements (e.g. decorative lampposts, benches, receptacles, decorative 5 bollards, etc.) Use of street furniture (benches, tables & chairs) 5 Enhanced buffers: (providing a landscape buffer five feet more than what is required adjacent to 5 street frontage and perimeter) Open space provision greater than what is required (20 to 30 percent over minimum) 5 Buffer berms (providing 3-foot high berms along the street frontage) 5 Use of shaded and decorative outdoor seating areas (benches, outdoor dining, etc.) 5 Use of masonry planters with irrigation (minimum 4) 5 Foundation plantings along 75 percent of the building's primary facade 5 Decorative entrance including a landscaped median entry which is a minimum eight feet in width 5 and 60 feet long Public art, small (obelisks, sculptures, statues, clock towers, water fountains, etc.) 5 Public art, large (obelisks, sculptures, statues, clock towers, water fountains, etc.) 10 Amenity detention pond (dry) 5 Amenity retention pond (wet with fountain feature) 10 Other (a developer may propose a unlisted landscape element if it meets the spirit and intent of 5 the ordinance, subject to review and approval by the Director) (4) Developer discretion. The developer may use any combination of the aforementioned landscape elements to obtain the necessary number of points required for the development. Different lots and landscapes will lend themselves to different types of designs. These regulations attempt to encourage creativity, diversity and water conservation in landscaping. (5) Scale, size, type. Elements, both in terms of quantity and quality, should be in scale with the development, as determined by the Director. Multiple repetitions of an element can be awarded extra points, as determined by the Director. (Ord. No. 986, § 2, 10-20-2009)

106.06.19 ...... Thoroughfare and Median Landscaping. (a) Thoroughfare Parkway Landscaping. (1) Applicability. As thoroughfares in Little Elm are widened and/or improved, the Town may elect to landscape the parkway. (2) Definition of parkway. The “parkway” is defined as the undeveloped area included in the right-of-way that is located between the paved lanes and the private property line of adjacent districts. (3) Minimum requirements for parkway landscaping: i. All trees and plant materials shall be chosen from the Town’s approved plant list; ii. One (1) canopy tree per twenty-five (25) linear feet of parkway, with a minimum of four (4) inch caliper trunk, and a well-formed canopy that is typical of the species. Canopy trees shall be planted no closer than thirty (30) feet from streetlights if located in the parkway and no closer than fifteen (15) feet from any overhead electrical line;

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iii. Two (2) ornamental trees per thirty (30) linear feet of parkway. Ornamental trees shall be a minimum two (2) inch caliper and eight (8) feet in height at time of planting and shall be used primarily as accent trees near the median nose and dispersed among the larger canopy trees; iv. Ornamental and canopy trees need not be evenly spaced and may be clustered for a more pleasing aesthetic effect; v. Since underground infrastructure is often located within the parkway, the planting of certain tree types may be impractical or may necessitate the use of root guards to prevent encroachment into and damage to the underground system. Care should be taken to install trees that will not encroach into underground infrastructure or negatively affect sidewalks. vi. Parkways shall also be sodded or interspersed with native grasses, xeriscape elements, crushed granite or rock. vii. If stone, gravel, decorative rock, crushed granite or other non-plant derived materials are used in a parkway area, no more than ten percent (10%) of the area may be made up of these materials. Non- plant derived materials should be used as an accent to the landscaped areas made up of sod, living ground cover, low bushes, plants, or mulch. In no case shall stone, gravel, rock or other non-plant derived materials be installed so that an impermeable surface area is created. viii. All plant materials shall be chosen from the Town’s approved plant list. ix. Median lighting shall be provided using the design and spacing requirements from the Engineering Design Manual. (4) Town participation. The Town, county and/or state is responsible for the landscaping within the parkway, depending on the legal ownership of the roadway.

(b) Median Landscaping. Landscaping improvements shall be installed within the medians of all proposed or planned divided roadways within the town limits as shown on the Town Master Thoroughfare Plan. Frontage is defined as wherever a property abuts the right-of-way of the divided thoroughfare, and separate frontages exist on each side of the thoroughfare. (1) Applicability. Only developments or subdivisions abutting or adjacent to a divided roadway, as defined in the Master Thoroughfare Plan, shall be subject to this section. (2) Developer obligation. The developer shall be fully responsible for the construction and installation of the required landscaping and maintenance of the improvements for a period of one (1) year. During the first year following installation, the developer shall replace any tree, shrub, sod, groundcover or hardscape in substandard condition. Following the first year, the Director shall inspect the installation and determine what, if any, plant materials and/or hardscape must be replaced prior to the Town taking over maintenance. (3) Installation or deferment. In the event that the Town Engineer, in his sole discretion, determines that the installation of improvements at any given time period is impractical due to further road construction or other factors, the developer shall establish an escrow account for future median landscaping and/or maintenance. (4) Escrow account. Should the Town Engineer, at his sole discretion, determine that the immediate installation of median landscaping is impractical; the developer shall enter into a development agreement and established an escrow account for the estimated cost of the purchase and installation of the median landscaping. The escrow account shall be collected prior to filing the final plat with the county. The escrow account shall be applied to the design, construction, reconstruction, upgrading, and installation of median landscaping of divided roadways within the adjacent median landscape areas. (5) Town participation. At the discretion of the Director, the developer may install landscaping across the full width of the median, and be reimbursed by the Town for the landscaping provided for the second frontage at the per linear foot of frontage rate or the actual cost of the improvements, whichever is less, if funds are available. (6) Plan design burden/escrowed cost. In the case where undeveloped land exists on both sides of a divided public street, the first to develop shall carry the burden of submitting plans for landscaping, hardscape and irrigation of the median.

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(7) Installation burden. However, if the Town declines to participate in the immediate landscaping of the median in question, the second to develop will utilize the approved plans (or modify the approved plans with Town approval of the modifications) and shall be responsible for the purchase and installation of the median improvements, using the escrowed account from the first developer and shall contribute an equal amount to the overall cost of the median landscaping. In the event that the original escrow amount has fallen short of current material and/or installation costs, the Town will make up the difference in cost or the plans shall be modified to be installed within the cost allotted. (8) Minimum requirements for median landscaping: i. All trees and plant materials shall be chosen from the Town’s approved plant list; ii. Two (2) ornamental trees per thirty (30) linear feet of median. Ornamental trees shall be a minimum two (2) inch caliper and eight (8) feet in height at time of planting and shall be used primarily as accent trees near the median nose and dispersed among the larger canopy trees; iii. One (1) canopy tree per twenty-five (25) linear feet of median, with a minimum of four (4) inch caliper trunk, and a well-formed canopy that is typical of the species. Canopy trees shall be planted no closer than thirty (30) feet from streetlights located in the median, no closer than twenty (20) feet to an intersection, and no closer than fifteen (15) feet from any overhead electrical line; iv. Ornamental and canopy trees need not be evenly spaced and may be clustered for a more pleasing aesthetic effect; v. When the nose of a median is tapered to five (5) feet or less, that portion of the median shall install stamped concrete aligned with the top of curb; vi. Stone, gravel and rock. Not including the stamped concrete area within the nose of the median mentioned above, up to forty percent (40%) of the area may be made up of stone, gravel, decorative rock, crushed granite or other non-plant derived materials in clearly defined beds to reduce the amount of sod to be moved in these areas. Non-plant derived materials should be used as an accent to the landscaped areas made up of sod, living ground cover, low bushes, plants, or mulch. In no case shall stone, gravel, rock or other non-plant derived materials be installed so that an impermeable surface area is created; vii. A minimum of twenty percent (20%) of the landscaped area shall be planted in evergreen shrubs, ground cover and/or native grasses; viii. Planting beds shall be separated from turf grass using 14-gauge steel edging to define ground cover beds and reduce weed incursion; ix. Artificial turf (e.g. AstroTurf™). Artificial turf is prohibited in medians; x. Irrigation installation shall be installed at the time of planting and shall include bubblers or drip irrigation for all canopy and ornamental trees. Irrigation systems should be designed to uniformly water the planting beds with minimal water waste and shall be equipped with rain-freeze sensors; and xi. Landscape and installation plans shall be subject to review and approval by the Director and the Town Engineer. The location and placement of landscaping shall conform to the Town street design standards and shall be placed to accommodate the ultimate number of traffic lanes, although shrubs, native grasses and ornamental trees may be placed in future traffic lanes if it is determined that these lanes will likely not be constructed in less than ten (10) years.

106.06.20 ...... Xeriscaping. (a) Intent. The intent of the xeriscaping ordinance is to encourage the use of drought-resistant native plants in all or a portion of landscaped areas in order to conserve water.

(b) Re-Use Water. When practical, private and public users are encouraged to connect to the Town’s non-potable, treated re-use water for irrigation instead of the Town’s drinkable, affluent water.

(c) Native Plant Usage. Texas has an abundance of native plants which are naturally adapted to the region. Most native or adapted plants are drought tolerant or have lower water demands, and by combining Texas natives with

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well adapted exotic plants, water is conserved. The use of xeriscape can: (1) Reduce landscape water and maintenance use by sixty percent (60%) or more, which helps extend limited water supplies and conserve water resources; (2) Provide an enhanced regional identity for Little Elm; (3) Lower pest problems and require less fertilizer needs than many non-adapted, exotic plants brought into Texas landscapes. By eradicating weeds, competition for available water resources is diminished; (4) Lower monthly water bills for users; (5) Reduce runoff through the plants root system, which helps water percolate into the soil, reducing erosion and runoff, improving water quality.

(d) Reduction of Water Usage. In order to promote prudent use of the Town's water resources and reduce the need for additional water system infrastructure, additional water resources and water purification systems, and to help ensure viability of required plantings during periods of drought, all required landscaping shall comply with the following requirements designed to reduce water usage: (1) All landscaping shall be from the recommended plant material list, which is comprised of native and adapted vegetation, unless alternate plant materials are approved through the landscape plan. (2) For maximum reduction in water usage, xeriscape plants shall not be interspersed in plant massing with plants requiring higher water usage. (3) Irrigation systems shall be designed to provide the appropriate amount of water without over watering. (4) Lawn or turf is not permitted in areas with a dimension of less than eight (8) square feet.

(e) Sight Visibility. In complying with the landscaping requirements set forth herein, no landscaping shall be permitted to cause visibility obstructions and/or blind corners at intersections. All sight/visibility triangle distances herein shall be measured from the intersection edges of the curb or, where there is no curb, from the end of the pavement, unless otherwise specified. (1) Street intersections. Each such intersection shall have a sight triangle of forty-five (45) feet on each leg from the point of intersection, or as determined by the Town Engineer. (2) Driveway to street intersections. Each driveway intersection shall have a sight triangle of forty-five (45) feet along the street and twenty (20) feet along the driveway from the point of intersection, or as determined by the Town Engineer. (3) Vertical clearance. Landscaping within the triangular visibility area shall be designed to provide unobstructed vertical cross-visibility at a level between three (3) and ten (10) feet in height. Trees may be permitted in this area provided they are trimmed in a manner that prevent limbs or foliage from extending into the vertical visibility area.

(f) Distance from Street Pavement. Landscaping, except required grass and low groundcovers, shall not be located closer than three (3) feet from the edge of any access way pavement.

(g) Conflicts. In the event other visibility obstructions are apparent in the proposed landscape plan, as determined by the Director, the minimum landscape area requirements set forth herein may be reduced to the extent to remove the conflict. (Ord. No. 986, § 2, 10-20-2009)

106.06.21 ...... Tree Preservation. (a) Purpose. The purpose of this section is to encourage the preservation of mature trees which once removed cannot be replaced by equivalent trees, to preserve protected trees during construction, and to control the removal of protected trees when necessary. It is the intent of this section to achieve the following: (1) Prohibit the indiscriminate clearing of property. (2) Protect and increase the value of residential and commercial properties within the Town. (3) Maintain and enhance a positive image for the attraction of new business enterprises to the Town. (4) Protect healthy quality trees and promote the natural ecological environmental and aesthetic qualities of the Town. (5) Help provide needed shaded areas in order to provide relief from the heat by reducing the ambient Little Elm Zoning Ordinance – ARTICLE VI, SITE DEVELOPMENT STANDARDS Page 173

temperature. (Ord. No. 986, § 2, 10-20-2009)

(b) Construction Regulations. (1) Tree pruning restrictions. No protected tree shall be pruned in such a manner which significantly disfigures the tree or in a manner which would reasonably lead to the death of a tree, except where such pruning is necessary for the safety of the public and to maintain utility service. Utility companies may prune trees as necessary to re-establish disrupted utility service. The practice of "topping" trees, either ornamental or canopy, is absolutely prohibited except when necessary for utility provision, public safety or some other official nuisance. (2) Fill and grading. The area within the drip line of a protected tree shall not be filled or graded. (3) Maintenance after development. If any of the trees required to be retained or trees planted as a part of this division should die within a period of one year after completion of the activities associated with construction, the owner of the property shall replace the trees within six (6) months at a ratio of three-to- one (3:1) with an approved large canopy tree from the recommended plant materials chart, which is the same size as the tree removed.

(c) Regulations Prior to Construction. (1) Tree flagging. All protected trees on the subject property within forty (40) feet of a construction area or surface improvements such as driveway, walks, etc., shall be flagged with bright fluorescent orange vinyl tape wrapped around the main trunk at a height of four (4) feet or more such that the tape is highly visible to workers operating construction equipment. This shall not include the flagging of protected trees adjacent to ROW within approved residential subdivisions during the construction of the roadway. (2) Protective fencing. Solid, protective fencing a minimum of three (3) feet in height will be located at the drip lines of all protected trees that border the limits of construction. In situations where a protected tree is located within the immediate area of intended construction, protective fencing will be located at or beyond the drip line.

(d) Regulations during Construction. Prohibited activities. The following activities shall be prohibited within the limits of the critical root zone of any protected tree, subject to the requirements of this division: (1) Material storage. No materials intended for use in construction or waste materials accumulated due to excavation or demolition shall be placed within the limits of the critical root zone of any protected tree. (2) Equipment cleaning/liquid disposal. No equipment shall be cleaned or other liquids deposited or allowed to flow overland within the limits of the critical root zone of a protected tree. This would include paint, oil, solvents, asphalt, concrete, mortar or similar materials. (3) Tree attachments. No signs, wires or other attachments, other than those of a protective nature shall be attached to any protected tree. (4) Vehicular traffic. No vehicular and/or construction equipment traffic or parking shall take place within the limits of the critical root zone of any protected tree other than on an existing street pavement. This restriction does not apply to single incident access within a critical root zone for purposes of clearing underbrush, emergency restoration of utility service, or routine mowing operations. (5) Grade changes. No grade changes (cut or fill) shall be allowed within the limits of the critical root zone of any protected tree unless adequate construction methods are approved by the Director. (6) Impervious paving. No paving with asphalt, concrete or other impervious materials in a manner which may reasonably be expected to kill a tree shall be placed within the limits of the critical root zone of a protected tree. (7) Removal of protective fencing. Protective fencing may only be removed from the construction site at the time of the installation of additional, permanent landscaping features.

(e) Permanent Construction Methods and Standards. (1) Boring. Boring of utilities under protected trees may be required in certain circumstances. When required, the length of the bore shall be the width of the critical root zone at a minimum and shall be a minimum Little Elm Zoning Ordinance – ARTICLE VI, SITE DEVELOPMENT STANDARDS Page 174

depth of 48 inches. (2) Trenching. All trenching where possible shall be designed to avoid trenching across the critical root zone of any protected tree. This shall not inhibit the placement of necessary underground services such as electric, telephone, gas, etc. (3) Root pruning. It is recommended that all roots two (2) inches or larger in diameter which are exposed as a result of benching or other excavation be cut off square with a sharp medium tooth saw and covered with pruning compound within two (2) hours of initial exposure. (Ord. No. 986, § 2, 10-20-2009)

106.06.22 ...... Tree Mitigation. (a) General Rule. In the event that it is necessary to remove a protected tree, the applicant shall be required to replace the protected tree being removed with a large canopy tree from the recommended plant materials chart, or pay into the Town's tree fund.

(b) Replacement Trees. Trees shall be replaced at a ratio determined by the tree valuation schedule (for every one (1) inch removed, "X" inches must be replaced). If any replacement tree cannot be properly located on the subject property, the applicant may plant the replacement tree(s) on property owned by the Town and/or common area open space, subject to review and approval by the Director.

(c) Mitigation. If the tree is not replaced on-site, or other Town-approved location, fees must be paid to the Town based on the tree valuation schedule and the tree valuation formula of this division. This fee shall be paid in addition to any tree removal permit fee and shall be held in a separate account (tree fund) to be used exclusively for future installation of trees within public lands owned by the Town.

(d) Landscape Plan. All replacement trees shall be shown with their caliper size and common name on an approved landscape plan.

(e) Replacement Restriction. Any required replacement tree shall not be planted within an area such that the mature canopy of the tree will interfere with overhead utility lines, or that the mature root zone of the tree interferes with underground public utility lines.

(f) Landscaping Limitation. Trees required to be added to the development per the landscaping requirements in the zoning ordinance or by virtue of deed restrictions shall not be considered or credited as replacement trees.

(g) Enforcement. (1) Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction hereof shall be fined a penalty of a sum not to exceed $500.00 for each offense and a separate offense shall be deemed committed on each day during or on which a violation occurs. The unlawful destruction or removal of each protected tree shall be considered a separate offense and each offense subjects the violator to the maximum penalty of $500.00 per tree for each day that the tree is not replaced. Unless otherwise specifically set forth herein, or in state law as adopted, allegation and evidence of culpable mental state are not required for the proof of an offense defined by this article. (2) No acceptance of public improvements shall be authorized until all fines for violations of this ordinance have been paid to the Town. (3) No certificate of occupancy shall be issued until all fines for violations of the ordinance from which this article derives have been paid to the Town. (4) No building permit shall be issued unless the applicant signs an application or permit request which states that all construction activities shall meet the requirements of the tree preservation ordinance. The building official shall make available to the applicant a copy of the tree preservation ordinance. (Ord. No. 986, § 2, 10-20-2009)

(h) Tree Valuation Schedule. The following charts shall be used in interpreting the provisions of this article:

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ARTICLE VI, TABLE I TREE VALUATION SCHEDULE CLASS NO. 1 CLASS NO. 2 CLASS NO. 3 CLASS NO. 4 CLASS NO. 5 100% Value 80% Value 60% Value 40% Value 20% Value 5:1 Ratio 4:1 Ratio 3:1 Ratio 2:1 Ratio 1:1 Ratio

Floodplain Trees* ALL Ashes ALL Pines Crepe Myrtles Other Fruit Trees ALL Oaks ALL Elms Blue Spruce Dogwood Other

Pecan ALL Maples Junipers, Cedar Plums / Pears Ornamentals American Beech Hickories Honey Locust Common Boxelder American Holly Black Walnut Honey Mesquite Hackberry Tree of Heaven Yaupon Holly Persimmon Western Sugarberry Mulberry Trees Sweet Gum Chittamwood Soapberry Bois D’Arc Chinaberry Magnolia Golden Raintree River Birch Cottonwoods Catalpa Ginkgo Redbud Poplars Jujube Chinese Pistachio Eve’s Necklace Loquat Tallows Bald Cypress Siberian Elm Willows Silver Maple (* All trees in the floodplain, regardless of species) (i) Tree Valuation Formula.

ARTICLE VI, TABLE J

TREE VALUATION FORMULA Tree Diameter Diameter Squared X Cross-Section Value per Tree Value Diameter Squared Area Multiplier Value Square Inch 6" 36 0.7854 × 36 = 28.3 × 22.00 = $622.60 7" 49 0.7854 × 49 = 38.5 × 22.00 = $847.00 8" 64 0.7854 × 64 = 50.3 × 22.00 = $1,106.60 9" 81 0.7854 × 81 = 63.6 × 22.00 = $1,399.20 10" 100 0.7854 × 100 = 78.54 × 22.00 = $1,727.88 11" 121 0.7854 × 121 = 95.0 × 22.00 = $2,090.00 12" 144 0.7854 × 144 = 113.1 × 22.00 = $2,488.20 13" 169 0.7854 × 169 = 133.0 × 22.00 $2,928.00 14" 196 0.7854 × 196 = 154.0 × 22.00 $3,388.00 15" 225 0.7854 × 225 = 177.0 × 22.00 $3,894.00 16" 256 0.7854 × 256 = 201.1 × 22.00 $4,424.20 17" 289 0.7854 × 289 = 227.0 × 22.00 $4,994.00 18" 324 0.7854 × 324 = 254.5 × 22.00 $5,599.00 19" 361 0.7854 × 361 = 284.0 × 22.00 $6,248.00 20" 400 0.7854 × 400 = 314.2 × 22.00 $6,912.40 21" 441 0.7854 × 441 = 346.4 × 22.00 $7,620.80 22" 484 0.7854 × 484 = 380.0 × 22.00 $8,360.00 23" 529 0.7854 × 529 = 415.5 × 22.00 $9,141.00 24" 576 0.7854 × 576 = 452.4 × 22.00 $9,952.80 25" 625 0.7854 × 625 = 491.0 × 22.00 $10,802.00 26" 676 0.7854 × 676 = 531.0 × 22.00 $11,682.00 27" 729 0.7854 × 729 = 573.0 × 22.00 $12,606.00 28" 784 0.7854 × 784 = 616.0 × 22.00 $13,552.00 29" 841 0.7854 × 841 = 661.0 × 22.00 $14,542.00 30" 900 0.7854 × 900 = 707.0 × 22.00 $16,554.00 FORMULA: TREE DIAMETER squared × 0.7854 = CROSS SECTION × VALUE/SQ.IN = TREE VALUE NOTE: Values of trees greater than 30 feet will be determined by a tree expert retained by the contractor and approved by the owner and architect.

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NOTE: Diameter measured four and one-half (4½) feet above the ground. (Reference: National Arborist Association)

106.06.23 – 106.06.30 ...... Reserved.

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PART THREE - Screening Walls and Fences 106.06.31 ...... Screening. (a) Intent. The intent of this section is to ensure the screening of commercial areas and service areas from roadways, open space corridors, and residential properties.

(b) General Specifications. (1) The requirements set forth herein shall apply to all new development or any building expansion of over thirty percent (30%) from what existed April 17, 2007, the date of the original ordinance adoption. (2) Subdivision perimeter walls require a building permit and shall be constructed at the time of infrastructure. See also Section 106.06.32(b), “Residential Fences.” (3) All screening or perimeter walls shall be constructed of laid in place stone, rock, brick, or monolithic concrete panels. Modular screening walls are generally prohibited. (4) Chain link and wooden fences are generally prohibited on non-residential and multi-family development. (5) Integral color split-face concrete masonry units (CMU), or an eight (8) feet high cedar board-on-board wooden fence with a decorative cap with masonry columns where appropriate, in unique circumstances, may be utilized, subject to discretionary review and approval by the Director, as long as there is not an adverse impact on surrounding property, the spirit and intent of this Chapter is maintained, and a financial hardship is not the sole justification for the use of a reduced screening standard. (6) Engineered concrete foundations with piers are required, per review and approval by the Town Engineer. Spacing, depth and dimensions of the piers shall be determined by a licensed design engineer based on a geotechnical report. All walls four (4) feet in height or greater must be designed and sealed by a professional engineer who is licensed by the State of Texas. Record drawings certified by a licensed engineer shall be submitted to the Town of Little Elm after completion of construction. (7) No portion of a screening wall shall be used as a retaining wall. (8) Walls shall be equally finished on all sides and constructed in one style using consistent materials. (9) Each contractor is to verify location of all existing utilities prior to construction of the screening wall. (10) No screening wall or fence shall be erected on public right-of-way or in visibility easements. (11) Specifications for stone, rock or brick screening walls are as follows: i. A decorative column no less than every forty (40) feet is required unless otherwise approved by the Director and supported by the engineering design. ii. Lintels, bottom row soldier courses with concrete mow strip, and a decorative cap are to be applied to all walls. Openings along the bottom of the screening wall shall only be wide enough to allow for proper drainage as determined by the engineering design. iii. Construction of brick screening walls shall be in accordance with the requirements of "Recommended Practice for Engineered Brick Masonry" published by the Brick Institute of America. (12) Specifications for monolithic concrete panel screening walls are as follows: i. Walls shall have a maximum column spacing of fourteen (14) feet, unless otherwise approved by the Director. ii. Panels shall be monolithic in design. Panels must have a full height of between six (6) or eight (8) feet; however panel screening walls adjacent to residential uses shall be a minimum of eight (8) feet in height. iii. Panels must be a minimum of four (4) inches in thickness with a decorative pattern and color on both sides and be made of a minimum of 4,000 psi concrete. (13) Wall height: i. Subdivision perimeter walls shall have a minimum height of six (6) feet with a maximum height of eight (8) feet. ii. Required screening walls separating residential and non-residential (including MF-Multi Family and TH-Townhome districts) uses must be between seven and a half (7½) and eight (8) feet in height. (14) Living screen requirements: The use of a living screen with an open screening fence option is encourage in Little Elm. When a screening hedge is used as a required screening device in conjunction with an open fence (such as decorative metal or wrought iron), one (1) type of plant shall be used, as allowed by the landscaping

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ordinance. Plants shall not be less than five (5) gallon size at the time of planting, growing to not less than six (6) feet in height within eighteen (18) months of planting. The property owner/developer, at its sole expense, shall furnish or cause to be furnished, all labor, materials, equipment, accessories, meters and irrigation and services necessary to maintain or replace all plant materials if and when they become damaged or die. (15) Maintenance: Required screening walls shall be maintained in good condition by the property owner. Any repairs or replacement shall match the existing adjacent sections.

(c) Subdivision Walls. (1) Perimeter walls required with residential subdivisions. Subdivision perimeter screening walls must be constructed by the developer at the time the subdivision infrastructure is constructed. Perimeter landscaping and irrigation is required adjacent to rights-of-way, subject to review and approval by the Director or his designee. (2) Materials allowed. i. Solid masonry wall a minimum of eight (8) feet in height adjacent to either multi-family or non- residential uses unless a living screen with an open fence option is approved during the site plan process. ii. The Director may allow the use of wrought iron or decorative metal, not in excess of fifty percent (50%) of the subdivision perimeter wall, in conjunction with berms and landscaping, if deemed appropriate. (3) Wall located within buffer. Subdivision solid perimeter walls are required to be constructed within a twenty (20) foot wide platted common area adjacent to collector roads or arterials, as indicated on the master thoroughfare plan, or other such roads that have a right-of-way of sixty (60) feet or greater. (4) Cul-de-sac adjacency. If a cul-de-sac abuts a collector or arterial roadway, the screening across the landscaped area adjacent to the cul-de-sac may be a living screen in conjunction with an open fence (such as decorative metal or wrought iron) with solid masonry columns in keeping with the solid masonry screening perimeter walls. (5) Wall located within a common area lot or easement. Subdivision perimeter screening walls are required to be located within a common area lot maintained by a home owners association (HOA) or in an easement dedicated to the HOA. (6) Perimeter wall extension required. When a perimeter fence is provided at the outer boundaries of a residential subdivision, the termination of a given side of the fence shall not occur in the middle of the adjacent property, but extend to the property line of the last platted lot that has partial adjacency with the perimeter fence. An easement may be required by separate instrument in order to construct this portion of the wall on the adjacent property. (7) Timing. The owner or developer of a residential property adjacent to an undeveloped property zoned non- residential or multi-family shall be responsible for and shall build the required masonry wall to provide screening between the two (2) properties at the time of infrastructure development, prior to any vertical development on the site. (8) Maintenance easement. A minimum five (5) foot wide wall maintenance easement shall be provided at time of platting where screening walls are forecasted or required along adjacent property. (9) Individual fences exempt. Individual single-family lots built in a subdivision without a perimeter wall are exempt from the requirement to install the masonry wall. In lieu, an eight (8) foot high cedar board-on- board wooden fence with a decorative cap (and columns where appropriate) may be utilized.

(d) Screening Requirements. (1) In the event that any non-residential use or zone, including the MF-Multi Family District, is adjacent to or backs upon a residential district or use, a solid masonry screening wall of eight feet in height shall be erected on the property line separating these districts. (2) Where an allowed institutional use (e.g. school, church, etc.) is adjacent to a residential district, the property owner or developer may choose to use an irrigated living screen and/or wrought iron fencing with brick

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columns, subject to discretionary review and approval by the Director. (3) The owner or developer of a property adjacent to an undeveloped property zoned residential shall be responsible for and shall build the required masonry wall to provide screening between the two (2) properties at the time of infrastructure development, prior to any vertical development on the site. (4) In cases where the Director finds this screening requirement to be impractical for immediate construction, it may grant a temporary or permanent waiver of the required screening wall or fence, until such time as the screening wall is deemed necessary by the Director. (5) In the event that a development is being constructed adjacent to an existing development where a screening wall is not in place, the construction of the screening wall will be the responsibility of the new developer or property owner.

(e) Other Screening Requirements. (1) Roof projections. Screening is required for all projections that are above the building roofline. Roof projections shall include, but are not limited to such projections as heating and air conditioning units and mechanical equipment, but does not include communications equipment or devices. The required screening shall be compatible with those used in the front facade of the structure and shall be constructed to a height appropriate for screening the roof projection from public view at ground level within sixty (60) feet of the subject structure. (2) Mechanical equipment. All mechanical equipment shall be screened on all sides from public view at a point six feet above ground level at the property line. If a parapet does not accomplish this screening, a masonry screening wall equal to the height of the equipment shall be provided. For ground-mounted equipment a solid evergreen hedge of sufficient height and density to screen equipment within eighteen (18) months of planting may be used if properly irrigated and maintained. If the owner wishes for the mechanical equipment to be enclosed, then a masonry wing wall or black tubular steel with sufficient evergreen screening is acceptable. (3) Open storage. All allowed open storage of materials, equipment, or commodities shall be screened in accordance with Section 106.05.022(s), “Open Storage – Permanent or Ongoing” of the zoning ordinance. (4) Loading facilities. Loading docks or structures shall be screened from view from the public right-of-way, from adjacent residential property, and from adjacent non-residential property, other than industrial. i. Screening shall be by masonry wing walls matching the color and building materials of the primary structure or freestanding walls with complimentary landscaping as is needed to be compatible with the project design. ii. Screening walls shall be of adequate height to screen loading vehicles and the scope of the operation and activity. (5) Waste collection areas: i. Waste disposal collection areas, including non-residential polycarts and all other service related equipment, shall be screened from public view. ii. Trash dumpsters, recycling containers and other waste receptacles shall be screened with a clay-fired brick or stone wall of a color that is consistent with the color of the primary building, minimum six (6) foot in height. Screening enclosures shall be visually and aesthetically compatible with the overall project. iii. Trash compactors shall be screened with a foot clay-fired brick or stone wall of a color that is consistent with the color of the primary building, minimum eight (8) in height. Screening enclosures shall be visually and aesthetically compatible with the overall project. iv. Collection area enclosures shall incorporate on the open, fourth side a solid metal gate (chain-link with slats is prohibited) to visually screen the dumpster or compactor, which shall remain shut at all times other than when being actively accessed. v. Evergreen shrubs, twenty-four (24) inches in height at the time of planting, shall be planted on the three (3) solid masonry sides of the dumpster enclosure, spaced three (3) feet on center. vi. Collection area enclosures shall be located behind the front building line and the service gate shall not directly face a public street or any residentially zoned property. Where this standard is not feasible,

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as determined by the Director, the standards can be varied. vii. Dumpster pad sites shall be a minimum of twelve (12) feet wide and fourteen (14) feet deep. Pads to accommodate two dumpsters or recycling shall be a minimum of twenty-five (25) feet wide and fourteen (14) feet deep. viii. Dumpster pad sites shall be generally located to provide a minimum of forty (40) feet of clear backing, but not more than eighty (80) feet, which is considered excessive. ix. Engineered concrete foundations with piers are required, per review and approval by the Town Engineer. x. New commercial development shall provide space for a minimum two (2) dumpster pad sites screened with masonry enclosures with the extra pad site being for recycling containers. (6) Utility substations and tower facilities. Above ground mechanical equipment shall be screened to mitigate its negative visual impact and safely secure the site. The screening device shall be scaled accordingly to the height, size, scope, and area of the proposed facility, subject to discretionary review and approval by the Director. Generally, masonry walls shall be eight (8) to twelve (12) feet in height, with decorative metal in limited application for visibility, ventilation, and access points. Larger facilities shall also provide evergreen large canopy screening trees every twenty (20) feet on center to be irrigated and maintained accordingly. Concrete access shall be provided, in addition to associated easements necessary for development. Any associated overhead utilities shall be buried. Appeals to Staff determination are the jurisdiction of the Planning & Zoning Commission, with Town Council reserving final appellate review, all of which require a public hearing with all property owners within 1000 feet of the subject property sent notices by US mail.

106.06.32 ...... Residential Fences. (a) General Requirements. (1) Permit required. i. Fence construction or repair of greater than fifty percent (50%) of the length of the fence requires a permit. Repairs with a total length of less than one full length of the fence (side or back yard) may be completed without a permit with materials matching the existing fence. ii. A plan showing exact materials, location, height, dimensions from property lines, sidewalks, curbs, and location of gates must accompany the completed application form and fee. The design of the fence must accommodate vision sight lines at the intersections of two roadways and the intersection of a drive with an alley or a roadway with a five (5) foot by five (5) foot triangle in these locations, measured from the edge of pavement. (2) Regulations. i. Maximum height of residential fences. Fences shall not be greater than eight (8) feet in height, excluding a maximum six (6) inches allowance for ground clearance and a decorative cap. ii. Materials allowed. No fence material shall be used to construct a fence except for those listed and regulated in this Chapter. Generally, residential fences should only be wooden or black tubular steel (powder coated ornamental iron). iii. Materials prohibited. Barbed wire, electric, and other injurious fence material is prohibited in the Town, unless the property is an agricultural district over five (5) acres in size with a current AG- Agricultural exemption tax status, legitimately needed for industrial purposes, or otherwise approved by the Director. iv. Fences that back or side to other residences. Fences that back or side to another residence may have either side of the fence face the interior of the lot. v. Fences located on corner lots. On all corner lots, fences shall not be closer than fifteen (15) feet from the face of any curb, unless otherwise approved by the Director. vi. Fences facing rights-of-way (on back, side or corners). All fences erected on side yards of corner lots and reverse corner lots or backing to a right-of-way of shall be cedar, board-on-board, with a decorative cap so that a finished fence side faces the street. vii. Fences located between houses that face the street. The portion of fence that is parallel to the street and perpendicular to the fence along the side yard must be constructed of cedar, board-on-board,

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with a decorative cap so that a finished fence side faces the street. viii. Fences in front yards. Fences and walls are only allowed in front yards up to thirty (30) inches in height and must be either: split-rail, wrought iron, picket fence, or decorative masonry wall. Lots over one (1) acre in size are exempt from this regulation, subject to review and approval by the Director. All front yard fences should generally be fifty percent (50%) open, except for walls when allowed. ix. Public rights-of way, easements. No fence shall be erected on public right-of-way or within any drainage easement, unless otherwise authorized by the Director. x. Within property lines. Fences shall not encroach upon any property line (front, side, or rear). xi. Fences adjacent to scenic views. All fences installed adjacent to a floodplain, creek, or dedicated open space shall be black tubular steel. xii. Neighborhood Integrity Grant Program. Properties that have exterior fences improved by the Town through the Neighborhood Integrity Grant program shall maintain, repair, and replace the fence to the same standard as it was installed by the Town. (3) Required inspections. i. A footing inspection is required. The footing inspection must be completed prior to pouring concrete. ii. A final inspection is required and must be scheduled within one (1) week (five (5) business days) of completion. iii. All fence installers are required to be registered with the Town of Little Elm. iv. Fences that fail inspection through the Rental Registration program shall be repaired or replaced accordingly.

(b) Wooden Fence Standards. (1) Vertical posts. All vertical posts shall be galvanized steel with a minimum two and three-eighths (2⅜) inch diameter, a minimum CS 20 (.095) thickness, and set in a concrete footing. (2) Concrete footings. Concrete footings shall be a minimum of eight (8) inches in diameter and must be at least six (6) inches deeper than the post depth. (3) Spacing of footings. For fences less than seven (7) feet in height, posts shall be spaced at a maximum of eight (8) feet on center, set in a concrete footing of no less than twenty-four (24) inches deep. For fences that are seven (7) feet or greater in height, posts shall be spaced at a maximum of six (6) feet on center, set in a concrete footing of no less than thirty-six (36) inches deep. (4) Allowed materials. Residential wood material shall be stained Western Red Cedar. White wood, if pre- stained or stained a natural brown or earth tone color, is also allowed. (5) Construction. All materials shall be securely fastened, vertical boards to horizontal stringers, stringers to vertical posts, top rail, to ensure an ongoing attractive appearance and safe condition, free from rot, rust, vandalism, and other sources of decay. (6) Kick board. The bottom of the fence shall be designed to prevent ground-to-wood contact and allow drainage beneath it. This can be achieved through the use of a concrete mow strip poured between the fence supports or by installing a two by six (2” x 6”) inch pressure treated kick board to cover the gap between the bottom of pickets and the ground. The kick board may have ground contact so long as it does not inhibit drainage. (7) Private residential fence adjacent to a subdivision perimeter wall. A fence that is parallel to or perpendicular to such wall shall not exceed the height of the adjacent subdivision wall. A fence that is separated from the subdivision screening wall by a public alley or right-of-way is deemed to not be adjacent to the subdivision screening wall. If abutting, the height of the residential fence is allowed to transition or increase in height from the height of the subdivision screening wall to the maximum allowable height of the residential fence, provided that the transition is an even or smooth rate of increase and does not exceed a span of sixteen (16) feet in length. (8) Fences facing streets. When a residential fence is visible to the right-of-way, the construction must be board-on-board with a decorative cap and with support posts placed on the inside of the fence (i.e. facing the enclosed area). This applies to both new fences and existing fences being replaced.

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(c) Exceptions. (1) Materials. The use of chain link, vinyl, split-rail, and composite materials may be allowed, if constructed to manufacturer's specifications, subject to discretionary review and approval by the Director. Otherwise, these materials are generally prohibited. Existing non-conforming chain link fences may be replaced with similar material. (2) Interior fences. Defined as fences within the property fence for specific uses, such as dog runs, swimming pool fences, and other similar situations within the interior of a back yard. These interior fences may be constructed of alternate materials, as long as all exterior and shared fence lines are built to compliance with Section 106.06.32(a) and (b) and the alternate interior materials are shorter than the exterior fence and not visible to the public, subject to discretionary review and approval by the Director. (3) Gate embellishments. Decorative gate embellishments are allowed; however, they shall not exceed the height of the fence by more than two (2) feet. (4) Submittal for review and approval. Alternate materials and methods that deviate from the fence standards listed above may be submitted, subject to discretionary review and approval by the Director.

106.06.33 – 106.06.40 ...... Reserved.

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PART FOUR - Parking, Stacking, and Loading Standards 106.06.41 ...... Parking Standards. (a) Purpose: To secure safety from fire, panic, and other dangers; to lessen congestion on public streets; to facilitate the adequate provision of transportation; to conserve the value of buildings; and to encourage the most appropriate use of land. Minimum off-street parking, stacking, and loading shall be provided as set forth in the following schedules and provisions. The following regulations are in support of the following goals: (1) To manage parking so that it is convenient, efficient, and supports an active and vibrant retail environment; (2) To decrease the expansive “seas” of parking that are too common in the suburbs, noting that most new development is typically over-parked, resulting in wasted space, unnecessary impervious surface, higher construction costs, and loss of retail square footage; (3) To support the creation of shared parking in order to enable visitors to park once at convenient location and access a variety of commercial enterprises in a pedestrian and bicycle-friendly environment; (4) To provide flexibility for changes in land uses which have different parking requirements within the district. (5) To ensure ease of access to parking; (6) To provide flexibility for the redevelopment of small sites; (7) To avoid diffused, inefficient single-purpose reserved parking; and (8) To avoid adverse parking impacts on residential neighborhoods.

(b) Parking Regulations, General: (1) Except for allowed on-street parking, maneuvering of vehicles shall take place entirely on site or within a mutual access easement. No public right-of-way shall be used for backing or maneuvering into or from a parking space, or for circulation within the parking lot. (2) Parking spaces shall be clearly identified by stripes, buttons, tiles, curbs, barriers, or other approved methods. Non-permanent type marking, such as paint, shall be regularly maintained to ensure continuous clear identification of the space. All vehicular use areas must also be maintained without large cracks or other failures. (3) No parking or loading area shall be used for storage of inventory, materials, display, sanitation containers, supplies, or for any other use, except as approved through the site plan process. Under no circumstances shall a required parking space be used for any purpose other than parking except and unless specifically approved for temporary use for a special event of limited duration, as approved by the Director. (4) All off-street parking areas shall be kept free of litter, trash, debris, vehicle repair operations, display, and advertising uses. (5) The property owner shall be responsible for adequately maintaining all parking facilities, including paving, striping, elimination of debris, and correction of use violations.

(c) Parking Design. (1) Dimensions. The minimum dimensions for off-street parking shall be as follows: i. Standard parking space: 9 feet x 20 feet. ii. Parallel parking space: 8 feet x 22 feet. iii. Stacking space: 10 feet x 20 feet. (2) Each standard off-street surface parking stall and structure shall conform to the following table: ARTICLE VI, TABLE K PARKING SPACE AND DRIVE AISLE DIMENSIONS Parking Angle 90° 75° 60° 45° Parallel Space width 9 ft. 9 ft. 9 ft. 9 ft. 8 ft. Space length 20 ft. 20 ft. 20 ft. 20 ft. 22 ft. Drive aisle width, 2-way 24 ft. 24 ft. Drive aisle width, 1-way 16.5 ft. 13.1 ft. 16.5 ft. Minimum turning radius1 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. Note 1. If an applicant wishes to reduce any of the above requirements, a turning study may be submitted for review and comment by the Director.

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(3) Allowed paving material. All vehicular use areas, whether newly constructed or rehabilitated, shall be concrete. (4) Flood plain parking. A maximum of fifty percent (50%) of the required parking may be located at or above the 534 foot elevation line, subject to review and approval by the Director. The remainder of the parking must be located above the floodplain line (537 foot elevation). (5) Two-way drives. Two-way drive aisle widths within parking lots shall be twenty-four (24) feet unless specifically approved by the Director. (6) Dead-end parking. Dead-end parking rows are generally prohibited; although the Director may approve a dead-end parking row of no greater than six (6) spaces during the Site Plan process if the property has unusual features that requires such a layout. (7) Fire lanes. Fire lanes shall be provided as required by the adopted Fire Code of the Town, and shall be adequately reinforced to withstand heavy vehicle loading, subject to review and approval by the Fire Marshal. (8) Cross access required. For safety, firefighting purposes, and increased connectivity, cross access between parking areas of adjacent non-residential parcels shall be provided and is required. (9) Striping. Striping for parking spaces shall be white. (10) ADA ramps. Ramps as prescribed by the Americans with Disabilities Act (ADA) (handicapped access) shall be pavers or stamped concrete to provide added traction and painted or stained in muted shades of adobe red or terra cotta for added visibility. (11) Revisions to location or number of spaces. At no time after initial approval of the parking area layout can changes be made to the location or number of provided spaces, unless approved by the Director. (12) Construction and architectural standards. All parking structures must conform to the construction and architectural design standards of the district in which they are located.

106.06.42 ...... Parking Access from a Public Street – All Districts (a) All Parking space configuration, location, arrangement, size and circulation in all districts shall be constructed according to this section.

(b) Entrances to Developments. During the review and approval of a conceptual plan or site plan, design consideration shall be given to providing entrance and exit drives which extend out from the site to provide adequate queuing of vehicles on the site and outside of the public rights-of-way.

(c) Minimizing Traffic Congestion. In all districts, except single-family zoning districts, building plans shall provide for entrance and exit drives appropriately designed and located to minimize traffic congestion or conflicts within the site and that align with adjoining public streets, as approved by the Director. (1) Based upon analysis by the Town, if projected volumes of traffic entering or leaving a development are likely to interfere with the projected peak traffic flow volumes on adjacent streets, additional right-of-way and paving in the form of a deceleration lane or additional turn lane may be required of a developer in order to reduce such interference. (2) The determination of additional right-of-way or paving requirements shall be made at the time the final site plan is approved. (3) Any additional right-of-way required by the Town shall be dedicated to the Town with the cost of engineering design, materials and installation borne entirely by the developer.

(d) No Alley Access. Vehicular access to nonresidential uses shall not be permitted from alleys serving residential areas.

(e) “Head in” Parking Restrictions. Head-in parking spaces that are accessed directly from the street are prohibited in all nonresidential uses except in the Office, Neighborhood Services, and the Lakefront Districts. Head in spaces are to be avoided if possible in all districts.

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(f) Perimeter Landscaping. Necessary access drives from the public right-of-way shall be permitted through all perimeter landscaping required in Section 106.06.18(b), “Commercial Landscape Requirements – Perimeter Landscape Requirements.” The width for access drives shall be between thirty (30) and fifty (50) feet for nonresidential two-way movements and a minimum twenty (20) feet for nonresidential one-way movement.

106.06.43 ...... Off-Street Parking Standards - Residential Districts (a) Parking to be Located on Lot. Required off-street parking shall be provided on the same site as the use it is to serve.

(b) Concrete Parking Standard. All required vehicle parking shall be on a suitably paved parking surface. All driveways and approaches to parking spaces shall be similarly paved, except in the AG-Agricultural and SF-RE-Ranchette Estate districts.

(c) Heavy Load Vehicles Prohibited. No required parking space, garage, carport, or other automobile storage space shall be used for the storage of any heavy load vehicle (see Section 106.01.15, “Other Zoning Ordinance Definitions”).

106.06.44 ...... Off-Street Parking Standards – Non-Residential and Multi-Family Districts (a) Lighting Provided in Parking Lots. To prevent nuisance or unsafe situations, parking lots serving multiple-family residential developments shall provide sufficient lighting for safe movement to and from vehicles. All parking area lighting shall be designed and operated so as not to reflect or shine on adjacent properties.

(b) Emergency Access. For safety and firefighting purposes, free access through to adjacent nonresidential parking areas shall be provided in accordance with the following: (1) Location. Fire lanes shall be provided in all multiple-family, manufactured home, and nonresidential developments, and in some single-family attached, as required by the adopted fire code of the Town and the Subdivision Ordinance. (2) Dimension. Fire lanes shall be a minimum width of twenty-four (24) feet of paving, and shall have a minimum inside turning radius at curves of thirty (30) feet, or as required by the adopted fire code of the Town of Little Elm. (3) Vertical clearance. The minimum overhead vertical clearance over fire lanes shall be fourteen (14) feet for a linear distance of fifty (50) feet on each side (in front of and behind, as a fire apparatus would traverse underneath) of any overhead structure, such as a canopy, roof overhang or vertical height control device.

(c) Concrete Parking Standard. All off-street parking, maneuvering, loading and storage areas shall be constructed of concrete in accordance with the parking lot paving requirements in the Town’s Code of Ordinances and with any other applicable state or local requirements.

(d) Parking Space Markings. Parking spaces shall be permanently and clearly identified by stripes, buttons, tiles, curbs, barriers, or other approved methods. Non-permanent type marking, such as paint, shall be regularly maintained to ensure continuous clear identification of the space.

(e) Curb Stops. All parking and loading spaces, and vehicle sales areas on private property shall have a vehicle stopping device, such as a curb or wheel stop at the perimeter of parking lots, installed so as to prevent encroachment of motor vehicles in any required landscaped areas, to prevent vehicles from damaging buildings, to protect public and/or private utility structures or facilities, and to prevent parked vehicles from overhanging into a public right- of-way line, a public or private sidewalk, or into adjacent private properly. An extra-wide walkway on private property may be permitted so as to allow encroachment of vehicle overhang while maintaining an unobstructed four (4) foot minimum walkway width. The requirement shall apply only where spaces are adjacent to the walks, right-of-way, and required landscaping. Parking shall not be permitted to encroach upon the public right-of-way in any case. In all nonresidential and multiple-family zoning districts, the perimeter of all parking lots and

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driveways shall be provided with ribbon concrete curbs or other means to control traffic, unless an approved landscape swale system has been utilized between parking rows and at the perimeter of parking lots to allow free water run-off into landscaped areas. Curbstops shall be used to prohibit vehicle encroachment into landscaped areas and/or walkways when swales are used.

(f) On-Street Parking Adjacent to Multi-family Development. When a public roadway bisects a multiple-family residential development, no on-street parking shall be allowed unless the following conditions apply: (1) The planned development district regulations specifically call out on-street parking as part of the required parking; (2) The public roadway is designed for on-street parking and is of sufficient right-of-way width to accommodate parking and travel lanes, as determined by the Town Engineer; (3) The on-street parking includes landscaped bump-outs a minimum of every three (3) parking spaces; (4) Sufficient spaces for visitor parking are provided on site; (5) Crosswalks are provided with protective bump-outs at sidewalk corners and are either painted or constructed of stamped concrete to afford a high degree of visibility for pedestrians, bikers and drivers; and (6) The Director has approved the overall parking plan.

(g) Location of Refuse Storage Facilities. Refuse storage facilities placed in a parking lot shall not be located in a designated parking or loading space. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies, with a minimum of forty (40) feet of clear backing space, and shall be appropriately screened, as required by Section 106.06.31(e)(5), “Screening.”

(h) Handicapped Parking Spaces. Parking space(s) for persons with disabilities and other associated provisions shall be provided according to building codes, state laws, and requirements of the Americans with Disabilities Act (ADA). Parking spaces for persons with disabilities shall be as close as possible to the entryway of the appropriate structure, and shall be appropriately and clearly marked with ADA standard signage and pavement markings.

(i) Prohibited Activities in Parking Lots. In all nonresidential and multiple-family zoning categories, designated parking and loading areas shall not be used for the repair, storage, dismantling or servicing (except for normal maintenance of a private vehicle) of vehicles or equipment, or for the storage of materials or supplies, or for any other use in conflict with the designated parking and loading areas, including, but not limited to, advertising or open storage of raw materials.

(j) Maintenance. To ensure that all requirements set forth in this section are carried forward, it will be the responsibility of the owner of the parking area to adequately maintain the facility, including but not limited to timely repainting parking space markings and repair of pavement. All off-street parking areas shall be kept free of trash, debris, vehicle repair operation or display and advertising uses. At no time after initial approval of the parking area layout can changes be made in the location and number of provided spaces without approval of the city manager or his designee.

106.06.45 ...... Parking Requirements per Land Use. (a) Computation of Parking Spaces. In computing the number of parking spaces required for any building or development, the following rules shall govern: (1) The term "floor area" means the gross floor area of the specific use. (2) Where fractional spaces result, the parking spaces required shall be constructed to be the next higher whole number. (3) The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature, subject to review and approval by the Director.

(b) Compliance upon Changes of Use. Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity, or otherwise, which creates a need for an increase in the

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number of existing parking spaces, such spaces shall then and thereafter comply with the parking requirements set forth herein.

(c) Off-Street Parking. When a building or structure is constructed or expanded, off-street parking shall be provided, per the following table: ARTICLE VI, TABLE L REQUIRED PARKING RATIOS Land Use Parking Ratio Amusement, Indoor Commercial 1 space per 200 square feet of floor area. Amusement, Outdoor Commercial 1 space per 1,000 square feet within the outer boundaries of the proposed use, including any buildings, exhibit booths and areas devoted to the use. Assembly Uses (Non-Profit) 1 space per 4 seats in the main auditorium. Athletic Stadium or Field 50 spaces per field for fields without fixed seating. Bank or similar financial 1 space per 300 square feet of floor area. establishment Big Box 1 space per 250 square feet of floor area. Bowling Alley 6 spaces per lane. Car Wash (Automated) 1 space per 200 square feet of floor area; plus adequate stacking spaces per bay; minimum of 2 spaces. Car Wash (Self-Serve) 2 spaces; plus stacking spaces for each bay. Child Care Center 1 space for every 10 students; plus adequate stacking spaces for drop-off lane. Civic/Convention/Community 10 spaces, plus one additional space per 300 square feet of floor area in excess of Center 2,000 square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of 1 space per 4 seats that it contains. The parking ratio can also be determined by a parking demand analysis study for proposed use, subject to review and approval by the Director. College, University or Trade 1 space per classroom, laboratory, or instruction area plus 1 space per 3 students School accommodated in the institution. Convenience Store 1 space per 200 square feet of floor area. Duplex A concrete drive with a minimum 2 car garage and 2 spaces in driveway per unit. Golf Course Minimum 30 spaces per 9 holes, plus 1 space per 200 square feet of floor area for country club, retail, office, etc. Green House or Nursery 1 space per 5,000 square feet of outdoor storage area; plus 1 space for each 200 square feet of indoor floor area. Health/Fitness Center/Gymnasium 1 space per 200 square feet of floor area. Hospital 1 space per 2 beds and 1 space per employee on the largest shift. Hotel 1 space per room, unit or guest accommodation plus 1 space for every 300 square feet of restaurant, office, or conference area Kennel or Stable 1 space per 500 square feet of floor area. Library or Museum 10 spaces, plus 1 space per 300 square feet of floor area. Lodge, Club, or Fraternal 1 space per 200 square feet of floor area. Organization Manufacturing, Processing, 1 space per employee on the maximum working shift plus 1 space for every 1,000 Warehousing, and Industrial uses square feet of floor area. Mini-Warehouse (Self-Storage) 1 space per 5,000 square feet of total floor area. Mixed Use Building See Lakefront zoning district for parking regulations Section 106.04.02. Mobile Home – Manufactured A concrete drive with a minimum of 2 spaces, which may include a carport. Home Mortuary or Funeral Home 1 space per 4 seats in funeral service rooms. Movie Theatre or Cinema 1 space per 4 seats. Nursing Home 1 space per 6 beds and 1 space for each day staff member. Office, Business or Professional 1 space per 300 square feet of floor area. Little Elm Zoning Ordinance – ARTICLE VI, SITE DEVELOPMENT STANDARDS Page 188

Office, Medical, Dental, or Health 1 space per 200 square feet of floor area. Recreational, Private or 1 space per 4 persons to be normally accommodated in the establishment. Commercial Area or Building (other than listed) Restaurant or Cafeteria 1 space per 100 square feet of floor area. Outdoor seating areas (covered or not) under 500 square feet are exempt. When part of a multi-tenant development 15,000 square feet or greater, 1 space for every 200 square feet. Retail or Personal Service 1 space per 200 square feet of floor area. Retirement Housing 1 space per 5 beds. School, Elementary & Junior High 1 space per classroom plus 1 space for each 4 seats in any auditorium, gymnasium, or other place of assembly. School, High School 1 space per classroom, laboratory, or instruction area plus 1 space for every 3 students accommodated in the institution. Single-Family Residential Minimum 2 car garage with parking for 2 cars in driveway is required. Carports prohibited, unless fully encased with masonry, pitched roof, and attached to the primary residence in the rear yard. Townhouse Minimum 2 car garage with parking for 2 cars in driveway is required. Carports prohibited, unless fully encased with masonry, pitched roof, and attached to the primary residence in the rear yard. Veterinary or Animal Hospital 1 space per 300 square feet of floor area. (d) Parking Reduction. An overall fifteen (15%) parking reduction is granted to multi-tenant developments that are 15,000 square feet or greater, provided there are dedicated mutual access easements.

(e) Parking Penalty. Where parking exceeds the minimum number of required spaces by more than ten percent (10%), landscaping of parking areas shall be increased so that planting islands shall not be spaced greater than every ten (10) spaces rather than the required twelve (12) spaces.

106.06.46 ...... Stacking Standards (a) Minimum Size. A stacking space shall be an area on a site measuring ten (10) feet by twenty (20) feet with direct forward access to a service window or station of a drive-through facility which does not constitute space for any other circulation driveway, parking space, escape lane or maneuvering area.

(b) Distinctive Markings. All stacking spaces shall be marked with stamped or stained concrete to differentiate the spaces from drive aisles or parking spaces.

(c) Escape Lane. If the Director deems that an escape lane is necessary by to allow vehicles to get out of stacking lane in the event of a stalled vehicle, emergency or accidental entry, it shall be of at least eight (8) feet in width and shall have a negotiable geometric design.

(d) Minimum Number of Stacking Spaces per Land Use. Off-street stacking requirements for drive-through facilities shall be as follows: ARTICLE VI, TABLE M REQUIRED STACKING SPACES Type of Land Use Minimum Number of Stacking Spaces Banks, Financial Institutions 3 spaces per line Car Wash, automated self-service 3 spaces per wash bay, including one at the bay exit for drying Car Wash, full-service 3 spaces per carwash line Car Wash, wand-operated self-service 2 spaces per wash bay, including one at the bay exit for drying Kiosks with drive-thru 2 spaces per line (or per Director)

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Restaurants with one order window 4 spaces per line Restaurants with two or more order 2 spaces per second line and any subsequent line windows Retail, Pharmacy, Dry Cleaners 3 spaces per line

106.06.47 ...... Off-Street Loading Spaces. (a) Loading and Unloading of Goods/Merchandise. (1) Loading spaces required. All retail, commercial, and industrial structures in excess of 5,000 square feet of building area shall provide and maintain off-street facilities for the loading and unloading of merchandise and goods within a building or on the lot or tract. The loading space(s) shall be stained, painted or stamped so that the area is easily identified. (2) Loading space minimum size. Such off-street loading space or truck berth shall consist of a minimum area of ten (10) feet by forty-five (45) feet, and such spaces or berths shall be provided in accordance with the following schedule: ARTICLE VI, TABLE N REQUIRED LOADING SPACES Total Square Feet of Gross Floor Area Minimum Number of Spaces 5,000 to 25,000 None 25,001 to 50,000 1 space 50,001 to 100,000 2 spaces Every additional 100,1000 1 additional space (3) Siting and maneuverability. All drives and approaches shall provide adequate space and clearances to allow for the maneuvering of trucks off-street. Each site shall provide a designated on-site maneuvering area for trucks. Such off-street loading space may be adjacent to, but not on any portion of, a public alley or private service drive, or it may consist of a truck berth within the structure. (4) Prohibited loading locations. i. Loading docks or service or delivery entrances shall not be constructed facing any public street, and shall not be visible from any public street. ii. Loading docks that are adjacent to a residential use or district shall be set back from the adjacent residential district boundary by a distance of at least sixty (60) feet. iii. Loading docks shall be designed and constructed so as to enclose the loading operation on three sides, in order to reduce the effects of the noise of the operation on any adjacent residences. (5) Exceptions. In instances where three (3) or more sides of the building face dedicated streets, loading berths and apron spaces shall be located at the rear or side of the building. These loading areas shall be screened from abutting streets as follows: i. A combination of permanent architectural and landscape elements such as walls, berms, trees and shrubs shall be placed so as to distract, soften or interrupt the view of the casual observer. These elements shall be installed along approximately fifty percent (50%) of the affected property line; ii. Screening shall be to the height of the top of the dock door but no greater than twelve (12) feet above the truck dock apron; iii. When viewed from a perpendicular angle from the street, the truck berths shall be screened completely, except for driveway openings; and, iv. The loading dock or service bay doors shall not be allowed on any portion of a front wall facing FM 423 or Eldorado Parkway, on a side or rear wall within 100 feet of FM 423 or Eldorado Parkway right-of-way, or within sixty (60) feet of any front property line along FM 423 or Eldorado Parkway.

(b) Loading and Unloading of Children. (1) Purpose. In order to ensure the safety of children entering and exiting day care centers or other places where loading and unloading to automobiles and/or buses occurs, the following regulations shall apply. (2) Designated loading/unloading spaces. Schools, day care centers, and similar child training and care establishments shall provide loading and unloading parking spaces as close to the front door of the Little Elm Zoning Ordinance – ARTICLE VI, SITE DEVELOPMENT STANDARDS Page 190

establishment as is practical. These spaces shall be located on an internal drive that does not block the fire lane or other businesses’ vehicular movement and shall be stained, painted or stamped so that the area is easily identified. (3) Drop-off lane. Kindergartens, elementary schools, day schools, and similar child training and care facilities shall provide a separate, concrete-paved loading and unloading lane area adjacent to an entrance that allows drivers to approach the entrance and, without exiting the vehicle, the staff will assist in loading and unloading of the children in and out of the vehicle. This drop-off lane should be one-way and with sufficient stopping points to allow a minimum of two (2) cars to unload simultaneously. In addition, the drop-off lane shall be constructed to allow vehicles to exit the lane without impeding the movement of other vehicles using other drive aisles or causing a safety hazard with parents and/or children entering or exiting the building.

106.06.48 ...... Bicycle Parking. Bicycle parking is required in non-residential districts in order to encourage the use of bicycles by providing convenient and secure places to park bicycles. (a) Bicycle Parking per Vehicle Parking Spaces. Bicycle parking shall be provided based on at least one (1) standard bike rack* for each development or one (1) bike rack per 100 car parking spaces required, whichever is greater, unless otherwise approved by the Director. No more than five (5) bicycle racks shall be required per development.

(b) Bicycle Parking Location. Required bicycle parking should be located within fifty (50) feet of a public entrance to the building. Bicycle parking may be provided within a building, but the location must be easily accessible by the public.

(c) Bicycle Parking to be Included on Site Plans. Site Plans shall include the location of all proposed bike racks, which are subject to the streetscape architectural standards of the Zoning Ordinance * A standard bicycle rack holds six (6) bicycles.

106.06.49 – 106.06.50 ...... Reserved.

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PART FIVE - Lighting Standards 106.06.51 ...... Lighting Administration. (a) Purpose and Intent. The use of outdoor lighting is often necessary for adequate nighttime safety and utility, but common lighting practices can also interfere with other legitimate public concerns. Principles among these concerns are: (1) The degradation of the nighttime visual environment by production of unsightly and dangerous glare; (2) Unnecessary waste of energy and resources in the production of excessive or wasted light; (3) Interference in the use or enjoyment of property which is not intended to be illuminated at night; and (4) The loss of the often-neglected scenic view of the night sky due to increased urban sky-glow.

(b) Applicability. (1) New uses, buildings and additions: All proposed new land uses, developments, buildings, structures, or building additions of twenty-five percent (25%) or more in terms of additional dwelling units, gross floor area, seating capacity, or other units of measurement specified herein, either with a single addition or cumulative additions subsequent to the effective date of this provision, shall meet the requirements of this Code for the entire property. For all building additions of less than twenty-five percent (25%) cumulative, the applicant shall only have to meet the requirements of this Code for any new outdoor lighting provided. (2) Change of use/intensity: Except as otherwise provided within, whenever the use of any existing building, structure, or premises is changed to a new use, or the intensity of use is increased through the incorporation of additional dwelling units, gross floor area, seating capacity, or other units of measurement specified herein, and which change of use or intensification of use creates a need for an increase in the total number of parking spaces of twenty-five percent (25%) or more, either with a single change or cumulative changes subsequent to the effective date of this provision, then all outdoor lighting sources shall meet the requirements of this Code for the entire property, to the maximum extent possible as determined by the Director. For changes of use or intensity which require an increase in parking of less than twenty-five percent (25%) cumulative, the applicant shall only have to meet the requirements of this Code for any new outdoor lighting provided.

(c) Nonconformity. (1) Whenever a nonconforming use, structure or lot is abandoned for a period of 180 consecutive days and then changed to a new use according to the requirements of Section 106.05.04, “New and Unlisted Uses,” of the Zoning Ordinance, then any existing outdoor lighting shall be reviewed and brought into compliance as necessary for the entire building, structure or premises, to the maximum extent possible as determined by the Director. (2) No outdoor lighting fixture or use which was lawfully installed or implemented prior to the enactment of this Code shall be required to be removed or modified except as expressly provided herein; however, no modification or replacement shall be made to a nonconforming fixture unless the fixture thereafter conforms to the provisions of this Code, except that identical lamp replacement is allowed. (3) In the event that an outdoor lighting fixture is abandoned or is damaged to the point of requiring repairs for safe operation, the repaired or replacement fixture shall comply with the provisions of this Code.

106.06.52 ...... Lighting Calculations and Definitions. (a) General Calculations. (1) Computation of illumination. For the purpose of this Code, the luminance shall be computed by the formula: L (d 2 + h 2) Where "L" is the fixture candlepower in candelas in the direction of the point from which the calculations are to be made, "d" is the shortest distance in feet measured horizontally from the property line to a point directly under the luminaire, and "h" is the height of the luminaire at five (5) feet above the ground. (2) Computation data. Computation methods shall consist of an Illuminating Engineering Society of North America (IESNA) accepted method, using certified photometric data furnished by the fixture manufacturer, lamp manufacturer, photometric laboratory, or other reliable authority satisfactory to the Town.

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Computations shall be based on new, properly seasoned lamps, new and clean fixtures, and at rated voltage and wattage, with ballasts, lenses, shields, diffusers, and other appurtenances in place, and with proper regard taken for mounting height, relative elevation, natural and manmade objects and industry standard maintenance factors. (3) Metering equipment. Lighting levels shall be measured in footcandles with a direct reading portable light meter. (4) Method of footcandle measurement. The meter sensor shall be not more than six (6) inches above ground level in a horizontal position. The reading shall be taken only after the cell has been exposed long enough to provide a constant reading.

(b) Lighting Definitions. As used in this Code, unless the context clearly indicates otherwise, certain words terms, and phrases shall mean the following: Bulb or lamp means the source of electric light. To be distinguished from the whole assembly, lamp is used to denote the bulb and its housing. Candela means the unit of luminous intensity in a given direction. It is commonly considered one (1) candlepower. Class 1 Lighting means all outdoor lighting used for, but not limited to, outdoor sales or eating areas, assembly or repair areas, advertising and other signs, recreational facilities and other similar applications where color rendition is important. Class 2 Lighting means all outdoor lighting used for, but not limited to, illumination for walkways, roadways, equipment yards, parking lots and outdoor security where general illumination of the grounds is the primary concern. Class 3 Lighting means any outdoor lighting used for decorative effects including, but not limited to, architectural illumination, flag monument lighting, and illumination of trees or other features. Direct illumination means illumination resulting from light emitted directly from a lamp, luminary or reflector, not light diffused through translucent signs or reflected from other surfaces such as the ground or building facades. Director means the Director of Development Services for the Town of Little Elm or his or her designated representative. Floodlight means a luminaire designed to project its light in a well-defined area. It is directional in character. Floodlight beam means the angular spread of light between two (2) orthogonal planes each of which equal ten percent (10%) of the maximum candlepower within the beam. Footcandle means the amount of illumination provided by one (1) lumen uniformly distributed on one (1) square foot of surface. Fixture means the assembly that holds the lamp in a lighting system. It includes the elements designed to give light output control, such as a reflector (mirror) or defractor (lens), the ballast, housing and the attachment parts. Full cutoff luminaire means a luminaire that allows no direct light above a horizontal plane, from the lowest light emitting part of such device, in its mounted form. This applies to all lateral angles around the luminaire. Fully shielded fixture means that fixtures are shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted. Glare means direct lighting emitted from a luminaire that causes reduced vision or temporary blindness, especially to motorists. High pressure sodium (HPS) means a high-intensity discharge lamp where radiation is produced from sodium vapor at relatively high partial pressures (100 tore). HPS is essentially point source light. Horizontal plane means a line horizontal to the lowest point on the fixture from which light is emitted.

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Illumination means the density of the luminous flux (lumens) incident on a surface. It is the quotient of the luminous flux divided by the area of the surface, expressed in footcandles. Incandescent lamp means any lamp that produces light by heating a filament by means of an electric current. Installed means the attachment, or assembly fixed in place, whether or not connected to a power source, or any outdoor light fixture. Light source means a device (such as a lamp) which produces visible energy as distinguished from devices or bodies which reflect or transmit light such as a luminaire. Light trespass means light extending outside the boundary of property for which it was originally intended or needed. Also referred to as spillover light or obtrusive light. Low pressure sodium (LPS) means a discharge lamp where the light is produced by radiation from sodium vapor at a relatively low partial pressure (about 0.001 tore). LPS is a "tube source" monochromatic light. Lumen means the quantity of luminous flux intercepted by a surface of one (1) square foot, all points of which are one (1) foot from a uniform source of one (1) candela. Luminaire means a device or fixture containing a light source and means for directing and controlling the distribution of light from the source. Luminance means the luminous intensity per unit projected area of a given surface viewed from a given direction for purposes of this Code expressed in candelas divided by distance squared. Maintenance (factor) means seventy percent (70%) footcandles maintained for illuminating devices. Check number Mercury lamp means a high intensity discharge lamp where light is produced by radiation from mercury vapor. Metal halide lamp means a high intensity discharge lamp where light is produced by radiation from metal halide vapor. Mounting height means the maximum height of the pole from ground level. The lighting fixture shall not exceed the height of the pole. Motion sensing security lighting means a fixture designed, and properly adjusted, to illuminate an area around a residence or other building by means of switching on a lamp when motion is detected inside a specific perimeter, and switching the lamp off when the detected motion ceases. Multi-class Lighting means any outdoor lighting used for more than one (1) purpose, such as security and decoration, when those purposes fall under the definitions for two (2) or more lighting classes as defined for Class 1, 2 and 3 Lighting above. Net acreage means the remaining ground area of a parcel after deleting all portions for proposed and existing public rights-of-way and undeveloped area. Outdoor light fixtures means all outdoor illuminating devices, reflective surfaces, lamps and other devices, either permanently installed or portable, which are used for illumination or advertisement. Such devices shall include, but are not limited to, searchlights, spotlights and floodlights for:  buildings and structures;  recreational areas;  parking lot lighting;  landscape and architectural lighting;  billboards and other signs (advertising or other);  street lighting;  product display area lighting;  building overhangs and open canopies; and  security lighting. Little Elm Zoning Ordinance – ARTICLE VI, SITE DEVELOPMENT STANDARDS Page 194

Outdoor recreation facility means an area designed for active recreation, whether publicly or privately owned, including but not limited to parks, baseball diamonds, soccer and football fields, golf courses, tennis courts and swimming pools. Photometric means quantitative measurements of light levels and distribution. Security lighting is lighting designed to illuminate a property or grounds for the purpose of visual security. This includes fully shielded lighting designed to be left on during night time hours as well as motion sensing lighting fixtures. Temporary lighting means lighting which does not conform to the provisions of this Code and which will not be used for more than a single forty-five (45) day period within a calendar year. Temporary lighting is intended for uses which by their nature are of limited duration (e.g. holiday decorations, civic events, or construction projects). Total outdoor light output means the maximum total amount of light, measured in lumens, from all outdoor light fixtures on a property. For lamp types that vary in their output as they age (such as high pressure sodium and metal halide), the initial output, as defined by the manufacturer, is the value to be considered. Unshielded fixture means a fixture that allows light to be emitted above the horizontal directly from the lamp or indirectly from the fixture or a reflector. Watt is the unit used to measure the electrical power consumption (not the light output) of a lamp.

106.06.53 ...... Lighting Regulations. (a) Outdoor Lighting Types. (1) Full cutoff luminaries over fifteen (15) watts shall be required in all outdoor lighting installations unless permitted below. Lamp types shall be prohibited or permitted as specified below: ARTICLE VI, TABLE O PROHIBITED OUTDOOR LIGHTING TYPES Lamp Type Class I Lighting Class II Lighting Class III Lighting Mercury Vapor Prohibited Prohibited Prohibited Low Pressure Sodium (LPS) Prohibited Prohibited Prohibited High Pressure Sodium (HPS) Prohibited Prohibited Prohibited Metal Halide Prohibited Prohibited Prohibited

ARTICLE VI, TABLE P PERMITTED OUTDOOR LIGHTING TYPES Lamp Type Class I Lighting Class II Lighting Class III Lighting LED Solid State Permitted Permitted Permitted Fluorescent Permitted Permitted Any light source <15 watts Non-cutoff Permitted Non-cutoff permitted Non-cutoff permitted Low intensity Neon, Krypton, or Non-cutoff Permitted Non-cutoff Permitted Non-cutoff Permitted Argon Discharge Tubes (2) All light fixtures, including security lighting, except street lamps, shall be aimed or shielded so that the direct illumination shall be confined to the property boundaries of the source. Particular care is to be taken to ensure that the direct illumination does not fall onto or across any public or private street or road. Motion sensing lighting fixtures shall be properly adjusted, according to the manufacturer's instructions, to turn off when detected motion ceases. (3) Class 1 Lighting, including but not limited to, sales, service, commercial, assembly, repair, maintenance, and industrial areas, may only continue in operation until 10:00 PM, or for as long as the area is in active use. (4) Class 2 Lighting shall have no time restrictions except as specified by the Town Council for new projects as specified herein. (5) Class 3 Lighting, except for flag pole lighting, shall be extinguished after 10:00 p.m. or when the business closes, whichever is later, except that low-wattage holiday decorations may remain on all night from

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November 1st to January 31st. (6) Multi-Class lighting, except for security lights, must conform to the time limitations of the strictest class. (7) Lighting for all outdoor athletic fields, courts, tracks or ranges shall be subject to approval of the Town Council. All events shall be scheduled so as to complete all activity by 10:00 p.m. Illumination shall be permitted after 10:00 PM only to conclude a scheduled event that was unable to conclude before 10:00 p.m. When the proposed light levels exceed the allowed limits, the installation shall be designed to achieve no greater than the minimum illumination levels for sports lighting set forth in "Sports and Recreational Area Lighting," RP-6-01, published by the IESNA. Lighting shall meet cutoff standards so that light is primarily aimed at and directed to the activity area. (8) Outdoor lighting shall be constructed and installed in a manner consistent with this Code and shall be located so as not to produce glare or direct illumination across the building property line or onto rights-of- way and private streets. (9) Lighting used for all externally illuminated signs shall conform to all restrictions of this Code and shall be fully shielded and oriented toward the ground and not toward the sky. (10) 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. Compliance with this provision shall be subject to approval by the Director. (11) Building facades and architectural features of buildings may be floodlighted when the following conditions are met: i. Floodlight fixtures are equipped with shields and are located so as to limit the fixture's direct light distribution to the facade or feature being illuminated; ii. The configuration of the floodlight installation shall block all view to the floodlight fixture's lamps from adjacent properties; and iii. The maximum luminance of any floodlighted surface does not exceed the footcandles specified in the IESNA Lighting Handbook for floodlighting surfaces.

(b) Illumination Levels. The maximum outdoor illumination level on the subject property shall not exceed twenty (20) footcandles at any one (1) point, except where stated and allowed below. (1) Townhouse and multi-family residential uses should average no more than three (3) footcandles, with a maximum of ten (10) footcandles, and a minimum of one (1) footcandle. (2) Retail uses should average no more than six (6) footcandles, with a maximum of fifteen (15) footcandles, and a minimum of one (1) footcandle. (3) Parking areas should average no more than one and one-half (1½) footcandles, with a maximum of ten (10) footcandles, and a minimum of one-half (½) footcandle. (4) Lighting under canopies (such as service stations) shall not exceed thirty (30) footcandles. All luminaries shall be flush with the lower surface of canopies and utilize flat glass or plastic covers. (5) Lighting for car dealerships shall not exceed thirty (30) footcandles within the front yard. The remainder of the property cannot exceed twenty (20) footcandles.

(c) Spill-Over. The limit of illumination on neighboring property emanating from an establishment shall be based on the zoning and/or use of the neighboring property. Maximum computed maintained and maximum measured footcandles at the neighboring property line shall not exceed: (1) One quarter (¼) footcandle for single-family residential and duplex districts. (2) One half (½) footcandle for multi-family and agricultural districts. (3) Three (3) footcandles for commercial districts and rights-of-way. (4) Exception: Illumination at interior property lines on contiguous lots in a multi-tenant, non-residential development may exceed the above criteria when necessary to provide constant lighting of adjoining parking areas, fire lanes and interior access roadways, as determined by the Director.

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(5) When a dispute arises regarding the district/use of an adjoining property and the allowed “spill-over,” the Director’s decision shall be binding.

(d) Pole Heights. Lighting standards (i.e. poles) shall be sized in such a manner that the top of any luminary does not exceed thirty (30) feet above the adjacent grade. Lighting located in Industrial zoned districts may be thirty-five (35) feet in height. Where within 100 feet of a residential district or use, the maximum allowed pole height is twenty (20) feet.

(e) Infrared Security Lighting. Such lighting is permitted in all zones with the following restrictions: (1) Fixed lights must be fully-shielded. (2) Moveable lights, such as spot lights attached to infrared-sensitive cameras, must be mounted such that the lights cannot be directed higher than twenty degrees (20°) below the horizontal, measured from the center of the light beam.

(f) Prohibited Lighting. The following lighting is prohibited. No owner or occupant of land shall permit any of the following conditions to exist: (1) An unshielded light source, including bare bulbs, above fifteen (15) watts, except for temporary holiday lighting; (2) “Cobra head” type light fixtures having dished or “drop” lenses or refractors which house other than incandescent light sources; (3) Light sources or luminaries are prohibited in buffer areas and within required setback yard areas except on pedestrian walkways, hike and bike trails, and internal access drives when needed for safety; (4) The operation of searchlights, strobes, flickering, flashing, or pulsating lights; (5) The use of partial cutoff light source; (6) The use of a drop lens; or (7) Any combination of lighting that creates a nuisance, as determined by the Director.

(g) Permitting. (1) Single family residential and duplex development are not required to submit lighting plans. (2) Sufficient information shall be submitted to evaluate the photometric criteria outlined herein as part of the Site Plan submittal whenever a person is required to obtain a building or electrical permit for outdoor lighting or signage, a Specific Use Permit, subdivision approval or any development plan approval by the Town, including all Town projects, or whenever a person requests annexation or rezoning. All applications may be subject to review and action by the Town Council at the discretion of the Director or the Town Council. (3) Photometric Plans shall include the following: i. A site exhibit, drawn to scale, indicating the proposed location of all outdoor lighting fixtures; ii. A description of each illuminating device, fixture, lamp, support and shield. This description may include, but is not limited to, manufacturer's catalog cuts and drawings (including sections where required), lamp types and lumen outputs; and the mounting height of the light; iii. Photometric data showing illumination levels (average, minimum, and maximum) on the property, at the property line and just beyond the property line, as well as other data such as that furnished by manufacturers or similar data showing the angle of cut off for light emissions; iv. The height of all proposed poles; and v. Such other information as the Director may determine is necessary to ensure compliance with this Code. (4) Prior to final approval and issuance of a certificate of occupancy, the applicant shall submit to the Planning division a photometric plan, stamped by a certified engineer that illustrates that the proposed lighting is in compliance with this Code. (5) Should any outdoor lighting fixture or type of light source be changed therein after the building permit has been issued, a change request must be submitted to the Building Official for approval together with the

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adequate information to ensure compliance with this Code, which must be received and approved prior to substitution. (6) If the Director determines that the proposed lighting does not comply with this Code, the permit shall not be issued or the plan approved.

106.06.54 ...... Lighting Exemptions and Variances. (a) Temporary Exemptions. (1) The Director may grant a permit for temporary lighting if he or she finds all of the following: i. The purpose for which the lighting is proposed is not intended to extend beyond forty-five (45) days; ii. The proposed lighting is designed in such a manner as to minimize light pollution as much as is feasible; iii. The proposed lighting will comply with the general intent of this Code; and iv. The permit will not conflict with the public interest. (2) The Director shall rule on the application within five (5) business days from the date of submission of the request and notify the applicant in writing of his or her decision. The Director may grant one (1) renewal of the permit for an additional thirty (30) days if he or she finds that, because of an unanticipated change in circumstances, a renewal would not be in conflict with the public interest. The Director is not authorized to grant more than one (1) temporary permit and one (1) renewal for the same property within one (1) calendar year. Any person aggrieved by a decision of the Director under this subsection may appeal the decision to the Town Manager, if, within five (5) days of the date of Director issuing his or her opinion, the applicant provides written notice of appeal to the Town Manager. The decision of the Town Manager shall be final. (3) Temporary lighting permits are not required for typical holiday lighting.

(b) Variances. (1) A variance may be permitted by the Board of Adjustment from the regulations set forth in this Code. A person seeking a variance from the express terms of this section shall demonstrate the existence of a hardship which would exempt the applicant from compliance with the regulation in question. Such variances shall only be allowed as provided by the Town of Little Elm Zoning Ordinance. (2) The provisions of this Code are not intended to prevent the use of any design, material, or method of installation or operation not specifically prescribed by this Code, provided any such alternate has been approved by the Town Council. (3) The Town Council may approve any such proposed alternate provided that such alternate: i. Provides at least equivalence to the applicable specific requirements of this Code; and ii. Is otherwise satisfactory and complies with the intent of this Code; and iii. Does not create a nuisance as defined in this Code.

106.06.55 – 106.06.60 ...... Reserved.

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PART SIX – Performance Standards 106.06.61 ...... Performance Standards, Generally. In all zoning districts, any use indicated as a permitted use shall conform in operation, location, and construction to the performance standards hereinafter specified. In the LI-Light Industrial Zoning District, HI-Heavy Industrial Zoning District, and PD-Planned Development Zoning District with underlying zoning of industrial, in addition to the permitted uses, there shall be permitted any other manufacturing, processing, fabrication, packing, or storage use, except those requiring Specific Use Permits, which conform in operation, location, and construction to the performance standards hereinafter specified for noise, smoke, and particulate matter, odorous matter, fire, or explosive hazard material, toxic and noxious matter, vibration, glare, and open storage.

106.06.62 ...... Noise. (a) General Noise Prohibition. No person shall make, continue, or cause to be made or continued: (1) Any unreasonably loud, disturbing, and unnecessary noise; or (2) Any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity; or (3) Any noise which is so harsh, prolonged, unnatural, or unusual in time or place as to occasion unreasonable discomfort to any persons within the neighborhood from which said noise emanates, or as to unreasonably interfere with the peace and comfort of neighbors or their guests, or operators or customers in places of business, or as to detrimentally or adversely affect such residences or places of business.

(b) Factors for Determination. Factors considered in determining whether a sound is unreasonably loud and raucous include, but are not limited to, the following: (1) The proximity of the sound to sleeping facilities, whether residential (homes) or commercial (hotels); (2) The land use, nature, and zoning of the area from which the sound emanates and the area where in which it is received or perceived; (3) The time of day or night the sound occurs; (4) The duration of the sound; and (5) Whether the sound is recurrent, intermittent, or constant.

(c) General Noise Definitions. For the purposes of this section, the following words and phrases shall have the meanings ascribed to them by this section: "A" level. The total sound level of all noise as measured with a sound level meter using the "A" weighting network. The unit of measurement is dBA. Decibel (dBA). A unit of measurement for sound pressure level at a specified location.

(d) Types of Noises. The following list of noises that may cause offense to a person of reasonable sensibilities is not considered comprehensive, but should be used for those uses listed in Table Q and a reference for unlisted uses of a similar nature. Refer to Table Q, “Maximum Noise Levels,” for specific maximum noise levels per activity, type, or venue. Note that any type of noise production that has specific hours of operation are also subject to the “all other noises” maximum noise levels during hours outside the listed hours of operation. (1) Construction activities. Any construction, grading, or use of heavy machinery, including but not limited to the activities of erection, excavation, demolition, alteration or repair work on any building, is prohibited at any time other than between the hours of 7:00 a.m. and 9:00 p.m. During the allowed hours, the operation must adhere to the maximum noise levels listed in Table Q. However, the Director may issue a Town Special Event Permit to extend the hours of operation and/or the maximum noise level for a limited time for such work in case of urgent necessity and in the interest of public safety and convenience. (2) Loading and unloading activities. The creation of any loud and excessive noise in connection with the loading or unloading of any vehicle or the opening or destruction of bales, boxes, crates or containers is prohibited at any time other than between the hours of 7:00 a.m. and 9:00 p.m. During the allowed hours, the loading and unloading activities must adhere to the maximum noise levels listed in Table Q.

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(3) Big Box stores. Stores or facilities greater than 50,000 square feet must adhere to the maximum noise levels listed in Table Q for the timeframes listed. (4) Outdoor music event. At any outdoor music event, it shall be unlawful for any person or group sponsoring the event to make, cause, allow, or permit any noise that exceeds those listed in Table Q when measured at the established perimeter of the event. Exceptions to this regulation for extended hours or increased sound levels may be allowed by the application for and approval of an Annual Outdoor Music License to be approved by the Director. (5) Music. The playing of any phonograph, television, radio or any sound-emitting instrument or device in such a manner or with such volume as to annoy or disturb the quiet, comfort, or repose of persons of ordinary sensibilities inside any dwelling, hotel or other type of residence or in or near a Town building or park, is prohibited at any time. (6) Amplification. The use of any stationary loudspeaker, amplifier or musical instrument in such a manner or with such volume as to annoy or disturb the quiet, comfort, or repose of persons of ordinary sensibilities in the immediate vicinity of dwellings, hotels or other residences is prohibited at any time. Exceptions to this regulation may be allowed by the application for and approval of a Town Special Event Permit for a special event when the public interest will be served thereby. (7) Trash collection. Noise created by trash and/or recycling haulers within 300 feet of residential zoning is prohibited at any time other than between the hours of 7:00 a.m. and 9:00 p.m. During the allowed hours, the trash collection activities must adhere to the maximum noise levels listed in Table Q. (8) Lawn Care (Blowers, lawn mowers and similar devices). In residential areas, the operation of any noise- creating blower, power fan, mower, or any internal combustion engine, the operation of which exceeds those listed in Table Q, is prohibited at any time. During the allowed hours listed in Table Q, the operation must adhere to the maximum noise levels listed in Table Q. (9) Ice cream vendors. Noise from bells or music boxes used on vehicles operated by ice cream and snow cone vendors to produce jingles or music to attract children as patrons that exceed those listed in Table Q, are prohibited at any time. During the allowed hours listed in Table Q, the operation must adhere to the maximum noise levels listed in Table Q. (10) Adjacent to schools and hospitals. The creation of any excessive noise on any street adjacent to any school in session, or adjacent to any hospital, which unreasonably interferes with the operation of such institution is prohibited at any time; provided, however, that conspicuous signs are displayed or other evidence is available indicating school or hospital quiet zones. (11) Steam-produced noise. The blowing of any steam whistle attached to any stationary boiler or the blowing of any other loud or far-reaching steam whistle within the corporate limits is prohibited at any time, except to give notice of the time to begin or stop work or as a warning of danger. (12) Compressed air noise. The use of any mechanical device operated by compressed air is prohibited at any time unless the noise created is effectively muffled and reduced. (13) Animals and birds. The keeping of any animal or bird which, by causing frequent or long, continued noise, shall disturb the comfort and repose of any person of ordinary sensibilities in the immediate vicinity is prohibited at any time. Each and every person shall prevent each, any and every dog, cat, or bird upon any premises in the Town controlled or used by such person from barking, howling, or producing other excessive noises for any period of more than three (3) consecutive minutes, and from making any such noises as could reasonably be expected to disturb the peace, rest, quietude or comfort of any person of normal sensibilities. (14) Peddlers. The raucous shouting or crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood is prohibited at any time. (15) Public speaking. The loud speaking, preaching, orating or exhorting by any person upon any public street or sidewalk within the corporate limits of the Town which disturbs the peace and quiet of the neighborhood is prohibited at any time. (16) Noise used to attract. The use of any drum, loudspeaker, or other instrument or device for the purpose of attracting attention, which causes crowds of people to block or congregate upon the sidewalks or streets near or adjacent thereto is prohibited at any time.

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(17) Vehicular noises. The excessive spinning of the tires of any motor vehicle, or the racing of its engine unnecessarily, or the running of a vehicle so out of repair that it emits loud or unnecessary grating, grinding or rasping noises, or the running of vehicles without proper mufflers, which disturbs the peace and quiet of a neighborhood is prohibited at any time. (18) Vibration. Using or causing the use of any device that creates any ground vibration which is perceptible without instruments at any point on or beyond the property boundary of the source if on private property or at fifty (50) feet from the source if on public property; or the creation of vibration or bass reverberations at any time if it is perceptible inside a complaining person's residence, through the sense of touch or through visual observation of moving objects, or through the sense of hearing, is prohibited at any time. (See Section 106.06.67, “Vibration” for more information)

(e) Maximum Noise Levels. The following chart illustrates the maximum noise levels allowed: ARTICLE VI, TABLE Q MAXIMUM NOISE LEVELS Type of Noise Zoning Districts Applicable Hours of Operation Max dBA Construction Non-residential 7 am – 9 pm 90 dBA Loading/Unloading Non-residential 7 am – 9 pm 90 dBA Big Box Store Non-residential 7 am – 10 pm 110 dBA “ Non-residential 10 pm – 7 am 80 dBA Outdoor Music Event Non-residential noon – 11 pm 100 dBA (Fri-Sat) Outdoor Music Event Non-residential noon – 10 pm 100 dBA (Sun-Thurs) All other noises Non-residential 7 am – 10 pm 90 dBA “ Non-residential 10 pm – 7 am 80 dBA Trash Collection Residential 7 am – 9 pm 80 dBA Lawn Care (Sat-Sun) Residential 8 am – 10 pm 80 dBA Lawn Care (Mon-Fri) Residential 7 am – 10 pm 80 dBA Ice Cream Vendors Residential 10 am – 9 pm 80 dBA All other noises Residential 7 am – 10 pm 80 dBA “ Residential 10 pm – 7 am 70 dBA Note 1. All measurements of sound shall be taken at the property line, 5’ above grade, using ASNI Type 2 or greater precision instrument. Note 2. Noise measurement shall be a minimum of 30 seconds in duration – the highest decibel level during the 30 second measurement shall be used. Note 3. Any noise occurring outside the hours of operation listed above shall be considered to be limited to the general “all other noises” category per the type of zoning district in which the noise emanates.

(f) Exceptions. (1) Emergencies. Noise that is caused in the performance of emergency or public service, including police, fire and public utility operations, acting in the performance of lawful duties to protect the health, safety or welfare of the community. (2) Street or utility repairs. Noise as a result of repairs of utility structures which pose a clear and immediate danger to life, health, or significant loss of property. (3) Town service work. Noise created by power equipment being operated by Town employees or utility company employees, during normal performance of duties. (4) Town events. Noise resulting by the use of amplification equipment or sounds created at official municipal functions, parades approved by the Town, events sanctioned or sponsored by the Town occurring at Lakeside, or the use of amplification equipment in conjunction with functions or events for which a special event permit has been issued under the Town’s ordinances. (5) School activities. Noise resulting from reasonable activities conducted on public playgrounds and public or private school grounds, which are conducted in accordance with the manner in which such spaces are generally used, including, but not limited to, school athletic and entertainment events. Little Elm Zoning Ordinance – ARTICLE VI, SITE DEVELOPMENT STANDARDS Page 201

(6) Horns or backing warning devices. Horns or other warning devices required by law. (7) Church bell. A person operating a bell for a religious activity.

(g) Annual Outdoor Music License. A venue or activity that incorporates music or other loud noises (such as a pub or outdoor event venue) on an ongoing basis shall apply for an Annual Outdoor Music License. This license will ensure that the applicant is aware of and willing to comply with the maximum dBA levels listed on Table Q and that specific sound mitigation efforts are being used to contain the sound. (1) Application. The application for an outdoor music venue or any other entity that expects, as part of normal operation, to include a high noise level requires the approval of an Annual Outdoor Music License, issued at the discretion of the Director. (2) Definition. Music venue/tavern/pub. Any physical building with or without an outside pavilion or patio that is anticipated to include a high noise level, including but not limited to musicians, entertainers, or loud- speakers. This type of business will utilize the Annual Outdoor Music License application. (3) Regulations. The applicant for an Annual Outdoor Music License shall provide the following information and is obligated to meet the standards stated in the application for the duration of the permit: i. Dates and times. The dates and timeframes for which the license is required. ii. Noise level. The maximum dBA anticipated (not to exceed the maximum limit on Table Q). iii. Noise abatement measures. The noise abatement measures to be taken to limit the noise from extending past the property line, including but not limited to placement of speakers, noise containment structures, landscaping, and fencing. iv. Signature of person in authority. The application must include the person or persons who are responsible for the operation of the venue or event and who will be liable for any penalties and/or fines due to exceeding the noise levels listed in the license application. (4) Approval. Once the Director has determined that the noise levels requested for the particular location and venue are appropriate for the location requested, the date(s) and time(s) requested, will not place an unwarranted burden on the persons located in adjacent properties, and that the regulations listed in (3), above, have been met and will continue to be met, approval for the Annual Outdoor Music License may be granted.

(h) Special Event Permit. (1) Application. The application for an infrequent special event that includes high noise levels that may exceed those listed in Table Q requires the approval of a Special Event Permit, issued at the discretion of the Director. (2) Definition. For the purposes of this ordinance section, a “special event” is defined as any outside activity that is anticipated to include a noise level that will exceed those listed in Table Q, including but not limited to musicians, entertainers, loud-speakers, fireworks, parades, charity events, races, or other similar functions or activities. This type of permit will use the Special Event application form and will only be considered for events that occur infrequently. (3) Regulations. The applicant for a Special Event Permit shall provide the following information and is obligated to meet the standards stated in the application for the duration of the permit: i. Date and time. The date and timeframe for which the permit is required. ii. Noise level. The maximum dBA anticipated (if greater than the stated maximum in Table Q). iii. Signature of person in authority. The application must include the person or persons who are responsible for the operation of the venue or event and who will be liable for any penalties and/or fines due to exceeding the noise levels listed in the permit. (4) Approval. Once the Director has determined that the noise levels requested for the particular location and venue are appropriate for the location requested, the date(s) and time(s) requested, will not place an unwarranted burden on the persons located in adjacent properties, and that the regulations listed in (3), above, have been met and will continue to be met, approval for the Special Event Permit.

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(i) Enforcement and Penalties. Once one of the above permits is approved, the permittee shall place the approved permit in a prominent location, easily seen by the public. If a Special Events Permit, the permit will state the dates and times that noise may exceed those listed in Table Q and will list the new maximum sound level and any other exceptions that have been approved by the Town. (1) First offense. An entity either with or without a Special Event Permit or an Annual Outdoor Music License that exceeds the noise limits listed either in the approved Special Event Permit or Table Q, will be given a warning by a Town official or Police Officer. Immediate action to reduce the noise levels to the written acceptable levels must be taken. (2) Second offense. A second offence for an entity either with or without an approved Special Event Permit or an approved Annual Outdoor Music License that exceeds the noise limits listed either in the Special Event Permit or Table Q, respectively, will be fined according to the Town’s adopted fee schedule. Immediate action to reduce the noise levels to the written acceptable levels must be taken. (3) Third offense with no permit. Any third or subsequent offense for an entity producing excessive noise may be fined double the fee listed in the Town’s approved fee schedule, at the Town Manager’s discretion. (4) Third offense with a permit. Any third or subsequent offense for an entity producing excessive noise may be fined double the fee listed in the Town’s approved fee schedule and/or the Special Event Permit or the Annual Outdoor Music License may be revoked, at the discretion of the Town Manager. No fees shall be returned to the entity in violation. The offending entity, company, or individual’s permit is revoked, no new Special Event Permit or an Annual Outdoor Music License will be approved for a period not less than six (6) months following the revocation of the Permit. (5) A violation of this Section is a nuisance. The prosecution of an offense under this Section does not limit the Town’s right to abate the nuisance, including the use of injunctive or other civil relief.

106.06.63 ...... Smoke and Particulate Matter. (a) Smoke and Particulate Matter in All Districts except HI-Heavy Industrial district. No operation or use shall cause, create, or allow the emission for more than three (3) minutes in any one (1) hour or air contaminants which at the emission point or within the bounds of the property are: (1) As dark or darker in shade as that designated as No. 2 on the Ringlemann Chart as published by the United States Bureau of Mines Information Circular 7118. (2) Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke or contaminants in the standard prescribed in Section 106.05.04, “New and Unlisted Uses,” except that; when the presence of uncombined water is the only reason for failure to comply or when such contaminants are emitted inside a building which prevents their escape into the atmosphere the standards specified in Section 106.05.04, “New and Unlisted Uses,” shall not apply. (3) The emission of particulate matter from all sources shall not exceed one-half (½) pound per acre of property within the plant site per any one (1) hour. (4) The open storage and open processing operations, including on site transportation movements which are the source of wind or air borne dust or other particulate matter, or which involves dust or other particulate air contaminants, generating equipment such as used in paint spraying, grain handling, sand or gravel processing or storage or sand blasting shall be so conducted that dust and other particulate matter so generated are not transported across the boundary line of the tract on which the use is located in concentrations exceeding four (4) grains per 1,000 cubic feet of air.

(b) Smoke and Particulate Matter in HI-Heavy Industrial District. No operation or use shall cause, create, or allow the emission for more than three minutes in any one (1) hour or air contaminants which at the emission point or within the bounds of the property are: (1) As dark or darker in shade as that designated as No. 2 on the Ringlemann Chart as published by the United States Bureau of Mines Information Circular 7118. (2) Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke or

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contaminants in the standard prescribed in Section 106.05.04, “New and Unlisted Uses,” except that; when the presence of uncombined water is the only reason for failure to comply or when such contaminants are emitted inside a building which prevents their escape into the atmosphere the standards specified in Section 106.05.04, “New and Unlisted Uses,” shall not apply. (3) The emission of particulate matter from all sources shall not exceed one (1.0) pound per acre of property within the plant site per any one (1) hour. (4) The open storage and open processing operations, including on site transportation movements which are the source of wind or air borne dust or other particulate matter; or which involves dust or other particulate air contaminants, generating equipment such as used in paint spraying, grain handling, sand or gravel processing or storage or sand blasting shall be so conducted that dust and other particulate matter so generated are not transported across the boundary line of the tract on which the use is located in concentrations exceeding four (4) grains per 1,000 cubic feet of air.

106.06.64 ...... Odorous Matter. (a) Odorous Matter in All Districts except HI-Heavy Industrial District. (1) No use shall be located or operated which involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line or any point beyond the tract on which such use or operation is located. (2) The odor threshold as herein set forth shall be determined by observation by a person. In any case, where uncertainty may arise or where the operator or owner of an odor emitting use may disagree with the enforcing officer or where specific measurement of odor concentration is required, the method and procedures specified by American Society for Testing Materials A.S.T.M.D. 1391-57 entitled Standard Method for Measurement of Odor in Atmospheres shall be used and a copy of A.S.T.M.D. 1391-57 is hereby incorporated by reference.

(b) Odorous Matter in HI-Heavy Industrial District. (1) No use shall be located or operated which involves the emission of odorous matter from a source of operation where the odorous matter exceeds a concentration at the bounding property line or any point which when diluted with an equal volume of odor free air exceeds the odor threshold (2 odor units). (2) The odor threshold as herein set forth shall be determined by observation by a person. In any case, where uncertainty may arise or where the operator or owner of an odor emitting use may disagree with the enforcing officer or where specific measurement of odor concentration is required, the method and procedures specified by American Society for Testing Materials A.S.T.M.D. 1391-57 entitled Standard Method for Measurement of Odor in Atmospheres shall be used and a copy of A.S.T.M.D. 1391-57 is hereby incorporated by reference.

106.06.65 ...... Flammable or Explosive Hazard Material. (a) Flammable or Explosive Hazard Materials in All Districts except HI-Heavy Industrial District. (1) No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted except that chlorates, nitrates, perchlorates, phosphorus, and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the Fire Department. (2) The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents, and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of the Fire Department.

(b) Flammable or Explosive Hazard Materials in HI-Heavy Industrial District. (1) No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted except when such use is in conformance with all other ordinances of the Town and has been approved by the Fire Department. (2) The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film,

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solvents, and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of the Fire Department.

106.06.66 ...... Toxic and Noxious Matter. Toxic and Noxious Matter in All Districts. No operation or use shall emit a concentration across the bounding property line of the tract on which such operation or use is located of toxic or noxious matter which will exceed ten percent of the concentration (exposure) considered as the threshold limit for an industrial worker as such standards are set forth by the Texas State Department of Health in Threshold Limit Values Occupational Health Regulation No. 3 a copy of which is hereby incorporated by reference and is on file in the office of the Building Official.

106.06.67 ...... Vibration. (a) Vibration in all Districts except HI-Heavy Industrial District. No operation or use shall at any time create earthborn vibration which when measured at the bounding property line of the source operation exceed the limits of displacement set forth in the following table in the frequency ranges specified: ARTICLE VI, TABLE R VIBRATION LIMITS ALL DISTRICTS EXCEPT HI-HEAVY INDUSTRIAL Frequency Cycles Per Second Displacement In Inches 0 to 10 .0010 10 to 20 .0008 20 to 30 .0005 30 to 40 .0004 40 and over .0003 (b) Vibration in HI-Heavy Industrial District. No operation or use shall at any time create earthborn vibration which when measured at the bounding property line of the source operation exceed the limits of displacement set forth in the following table in the frequency ranges specified: ARTICLE VI, TABLE S VIBRATION LIMITS - HI-HEAVY INDUSTRIAL Frequency Cycles Per Second Displacement In Inches 0 to 10 .0020 10 to 20 .0016 20 to 30 .0010 30 to 40 .0006

106.06.68 ...... Glare. Glare in all Districts. No use or operation in any zoning district shall be located on or conducted so as to produce intense glare or direct illumination across the bounding property line from a visible source of illumination nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property.

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