HomeMy WebLinkAboutOrdinance No. 2026-15❑RDINANCE NO. 2026-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS, AMENDING APPENDIX C "ZONING" OF THE FRIENDSWOOD CITY
CODE TO AUTHORIZE THE DIRECTOR OF COMMUNITY DEVELOPMENT TO
APPROVE SITE PLANS EXCEPT IN CERTAIN SITUATIONS, TO CONSOLIDATE
SITE PLAN APPROVAL REQUIREMENTS, AND TO MAKE MINOR
ADMINISTRATIVE CORRECTIONS; PROVIDING A MAXIMUM PENALTY OF
TWO THOUSAND AND NO1100 DOLLARS ($2,000.00); REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY, PUBLICATION AND AN
EFFECTIVE DATE.
WHEREAS, in accordance with the Friendswood City Code and all applicable laws, the Planning
and Zoning Commission and the City Council conducted public hearings concerning the amendments
contained herein to Appendix C "Zoning" of the Friendswood City Code, allowing all interested persons
the opportunity to be heard; and
WHEREAS, after the public hearing on the proposed amendments and after having considered the
amendments and public testimony, the Planning and Zoning Commission filed a final report and
recommendation with the City Council to deny the delegation of site plan approval authority to the Director
of Community Development but to approve the minor administrative corrections contained in this
ordinance; and
WHEREAS, in accordance with the Friendswood City Code and all applicable laws, the City
Council has determined that all public notices have been posted and published and all required hearings on
this matter have been held; and
WHEREAS, the City Council further finds that this ordinance complies with the applicable
provisions of the City Charter, City Code and all other applicable laws; and
WHEREAS, the City Council deems it appropriate to approve the amendments contained herein,
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF
TEXAS:
Section 1. The facts and matters set forth in the preamble of this ordinance are hereby found
to be true and correct.
Section 2. That Appendix C "Zoning" of the Friendswood City Code is hereby amended to
read as follows:
See Exhibit "A,"
which is attached hereto and incorporated herein for all intents and purposes.
Section 3. A violation of this ordinance is subject to the penalty provisions contained in
Section 1-14 of the Friendswood City Code and as otherwise provided by law. Any person who shall
intentionally, knowingly, recklessly, or with criminal negligence fail to comply with any provision of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an
amount not to exceed TWO THOUSAND AND NOI100 DOLLARS ($2,000.00). Each act of violation
and each day upon which any such violation shall occur shall constitute a separate offense.
Section 4. That all ordinances or parts of ordinances in conflict or inconsistent with this
ordinance are hereby expressly repealed.
Section S. In the event any section, paragraph, subdivision, clause, phrase, provision,
sentence, or part of this ordinance or the application of the same to any person or circumstance shall for
any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not
affect, impair, or invalidate this ordinance as a whole or any part or provision hereof other than the part
declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares
that it would have passed each and every part of the same notwithstanding the omission of any such part
thus declared to be invalid or unconstitutional, or whether there be one or more parts.
Section 6. The City Secretary shall give notice of the enactment of this ordinance by promptly
publishing the caption of this ordinance after final passage in the official newspaper of the City.
Section 7. This ordinance shall take effect upon its publication.
INTRODUCED, READ, AND PASSED on first and final reading by the affirmative vote of the
City Council of the City of Friendswood this 4"' day of May, 2026.
MIKE FO MA ,Mayor
ATTEST:
qMF �RiEl�ps
RAQ`U L VTINEZ, City Secretary
d
APPROVED AS TO FORM:
TSqTE OF C �-
KAREN L. HORNER, City Attorney
HACity CouncillordinancesQ026M-04.20261drdmance - Zoning Text Amendments - ❑eIegation of Authority Concerning 5ubdivisinns-docx
2
Exhibit "A"
Appendix C. ZONING
Section 1. Short title; minimum requirements.
A. This appendix shall be known and may be cited as the "City of Friendswood Zoning Ordinance."
B. In their interpretation and application, the provisions of this appendix shall be held to be minimum
requirements, adopted for the protection of public health, safety, morals, or general welfare. Whenever
the requirements of this appendix are at variance with the requirements of any other lawfully adopted
rules, regulations, or ordinances, the most restrictive or that which imposes the higher standards shall
govern.
C. Should any section or provision of this appendix be adjudged invalid or unconstitutional, such decision
shall not affect the validity of this appendix as a whole or any part thereof other than the part so declared
to be invalid or unconstitutional.
Section 2. Establishment of districts.
The city is hereby divided into the following districts:
isti
kt
Description
7,0bensity
(units per
acre)
Old
New
A.
R-1
SFR
Single -Family Residential Dwelling District
2.7
A.1.
SFR-E
Single -Family Residential Dwelling Estate District
0,5
B.
R-2
and
R-3
MFR-L
Multiple -Family Residential Dwelling District —Low
6.0
C
R-4
MFR-
M
Multiple -Family Residential Dwelling District —Medium
9.0
C. I.
GHD
Garden Home Residential District
6.0
D,
R-5
MFR-
H
Multiple -Family Residential Dwelling District —Highest
12 O
11
R-6
MHR
Mobile Home Residential Dwelling District
10.0
F.
C-1
CSC
Community ShoppinS Center District
C;.
C-2
NC
Neighborhood Commercial District
H.
C-3
OPD
Office Park District
I.
C-1
DD
Downtown District
J.
PUD
Planned Unit District
K.
RSC
Regional Shop2ing Center District
L.
A-1
A-1
Agricultural District
M.
M-1
LI
Light Industrial District
N.
I
Industrial District
O.
BP
Business Park District
Exhibit "A," Page i
Section 3. Provision for official zoning map.
A. Official zoning map.
(1) The first official zoning map of the City of Friendswood was adopted April 13, 1970, and is
systematically updated in accordance with this section to incorporate all amendments thereto
approved by city council.
(2) The boundaries of the zoning districts of the city are adopted by ordinance and shown graphically
on the official zoning map, which, together with all explanatory matter thereon, is hereby
adopted by reference and declared to be a part of this appendix.
(3) The director shall maintain records identifying all amendments to the official zoning map,
including the associated ordinance numbers. Such records shall be updated promptly and, in any
event, no more than 15 days following city council approval of an amendment.
(4) Regardless of the existence of purported copies of the official zoning map which may be made
or published from time to time, the official zoning map shall be located in the office of the
community development department; and it along with the record of the amendments shall be
the final authority as to the current zoning status of land areas, buildings, and other structures in
the city.
(5) This official zoning map shall be identified by the signature of the director and the effective date
under the following words:
"This is to certify that this is the official zoning map referred to in Section 3 of the City of
Friendswood Zoning Ordinance."
(6) In the event the official zoning map becomes difficult to interpret because of the nature or
number of changes or additions, the director may incorporate those changes or additions into a
new official zoning map, in compliance with section 3.A.3., which shall supersede the prior
official zoning map.
B. Digital mapping. Digital maps may be used in the administration and enforcement of this code. Digital
mapping will not replace the official map but may represent the most accurate and up-to-date
information in between printings.
(1) In the event the official zoning map becomes damaged, destroyed, lost, or difficult to interpret
because of the nature or number of changes or additions, the city council may by ordinance adopt
a new official zoning map which shall supersede the prior official zoning map. The new official
zoning map shall be identified by the signature of the mayor attested by the city secretary, and
bearing the seal of the city under the following words:
"This is to certify that this Official Zoning Map supersedes and replaces the official zoning map
adopted (date of adoption of map being replaced) as part of Ordinance No. 84-15, the City of
Friendswood Zoning Ordinance."
(2) Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map
or any significant parts thereof remaining shall be preserved, together with all available records
pertaining to its adoption or amendment.
Section 4. Rules for interpretation of district boundaries.
Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the
following rules shall apply:
A. Boundaries indicated as approximately following the centerline of streets, highways, or alleys
shall be construed to follow such centerlines.
Exhibit "A," Page 2
B. Boundaries indicated as approximately following platted lot lines shall be construed as following
such lot lines.
C. Boundaries indicated as approximately following city limits shall be construed as following such
city limits.
D. Boundaries indicated as parallel to or extensions of features indicated in subsections A and B of
this section shall be thus construed. Distances not specifically shown on the official zoning map
shall be determined by the scale of the map.
E. 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 A through D of
this section, the board of adjustment shall interpret the district boundaries.
F. Whenever any street or alley is vacated by official action of the city council, the district adjoining
each side of said street or alley shall be automatically extended to the centerline of property thus
vacated and all area included in the vacation shall then and henceforth be subject to all
regulations of the extended zoning district or districts.
G. Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes,
or other bodies of water shall be construed to follow such centerlines.
Section 5. Application of district regulations.
The regulations set by this appendix within each district shall be minimum regulations and shall apply
uniformly to each class or kind of structure on land, and particularly, except as herein provided:
A. No building, structure, or land shall hereafter be used or occupied, and no building or structure
or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally
altered except in conformity with all of the regulations herein specified for the district in which
it is located.
B. No building or other structure shall hereafter be erected or altered to accommodate or house a
greater number of families, to occupy a greater percentage of lot area, or to have narrower or
smaller front yards, side yards, rear yards, or other open spaces, in any manner contrary to the
provisions of this appendix.
C. No part of a lot area, yard or other open space, or off-street parking or loading space required
about or in connection with any building or structure for the purpose of complying with this
appendix, shall be included as part of a lot area, yard, open space, or off-street parking or loading
space similarly required for any other building or structure.
D. No lot or yard existing at the time of passage of the ordinance from which this appendix is
derived shall be reduced in dimension or area below the minimum requirements set forth herein.
Lots or yards created after the effective date of the ordinance from which this appendix is derived
shall meet at least the minimum requirements established herein.
Section C. Nonconforming uses, structures, and lots.
A. Types of nonconformity. There are three types of nonconformity as follows:
1. Nonconforming use. Any use of land or buildings which does not conform to the current use
regulations prescribed in the city's zoning ordinance or amendments thereto.
2. Nonconforming structure. Any structure that does not conform to zoning ordinance provisions
regulating structures, including, but not limited to, the following requirements: lot coverage area,
required minimum lot dimensions, front yard, side yard, rear yard, height, parking, landscaping,
Exhibit "Ai' Page 3
buffer yards, screening, architectural design, exterior construction materials or other structural
regulations of the district in which it is located.
Nonconforming lot. Any lot that fails to meet the requirements for area, width, or depth that are
applicable to the zoning district in which the lot is located.
B. Nonconforming uses.
Nonconforming uses are hereby declared to be incompatible with the permitted uses in the
districts involved.
2. It is the intent of this appendix to permit those nonconforming uses to continue until they are
removed, but not to encourage their survival.
A nonconforming use or a lawful use that has become nonconforming by the future adoption or
amendment of a zoning ordinance, or a nonconforming use that exists by virtue of annexation to
the city, shall be permitted to exist, subject to the following:
a. Enlargement. No such nonconforming use shall be enlarged or increased, nor extended to
occupy a greater area of land than was occupied on the effective date of adoption or
amendment of the ordinance from which this appendix is derived.
b. Abandonment. A nonconforming use shall terminate if the nonconforming use or premises
is abandoned or discontinued for 12 months or more. The commission may determine that
a use or premises which has remained vacant or unused for 12 months or more has not been
discontinued under the intent of this section if the owner can state unusual circumstances
of any nature that prevented or precluded use of the property during that period, in which
case the property may be reoccupied and the nonconforming use reinstituted in compliance
with the other provisions of this section.
C. Change. Whenever a nonconforming use has been changed to a conforming use, such
nonconforming use shall be deemed to be permanently abandoned and shall not be
reinstituted on the property.
d. Annexation. After annexing an area, a person may continue to use land in that area in the
manner in which the land was being used on the date the annexation proceedings were
instituted, except where inconsistent with V.T.C.A., Local Government Code § 43.002.
4. To avoid undue hardship, nothing in this appendix shall be deemed to require a change in the
plans, construction, or designated use of any building on which an active process was lawfully
begun prior to the effective date of adoption or amendment of the ordinance from which this
appendix is derived and upon which an active process has been carried on diligently. The phrase
"active process" is hereby defined as follows:
a. For land zoned single-family residential (SFR), single-family residential estate (SFR-E), or
garden home district (GHD), when a development proposal has been approved in
conjunction with a previously approved preliminary plat;
b. For land zoned NC (neighborhood commercial), CSC (community shopping center), DD
(downtown district), OPD (office park district), LI (light industrial), I (industrial), BP
(business park) or A-1 (agricultural), when the land is subject to a valid existing preliminary
site plan in accordance with section 9; or
C. For land zoned MFR-H (multiple -family residential —high density), MFR-M (multiple -
family residential —medium density), MFR-L (multiple -family residential —low density)
or PUD (planned unit district), when a proposed specific use permit (SUP) has been heard
at public hearings of the city council and the commission.
Exhibit "A," Page 4
C. Nonconforming lots.
1. Development. Development shall be permitted on any single nonconforming lot of record. Such
lot must be in separate ownership and not of continuous frontage with other lots in the same
ownership. This provision shall apply if the lot is nonconforming only because it fails to meet
the requirements for size (area, width, or depth) that are generally applicable in such district.
Yard dimensions and requirements, other than those applying to area, width, or depth, any or all,
of the lot shall conform to the regulations of applicable zoning district. Variance of yard
requirements shall be obtained only through action of the board of adjustment. Development
may still be restricted by limitations imposed by other provisions of this appendix.
2. Subdivision. Nonconforming lots may not be further subdivided.
3. Combination. Nonconforming lots may be combined and treated as a single lot for development,
without platting or replatting, even if the resulting lot is nonconforming.
D. Nonconforming structures.
1. It is the intent of this appendix to permit nonconforming structures to remain but to prohibit any
nonconforming structure from being enlarged or altered in a manner which increases its
nonconformity. Nonconforming structures can be enlarged or altered, provided the enlargement
or alteration itself conforms to current regulations. If the enlarged or altered portion of the
structure conforms to current regulations, the existing nonconforming portion of the structure
may remain in its existing nonconforming condition.
2. Where a nonconforming structure exists, or where a lawful structure becomes nonconforming
by the future adoption or amendment of an ordinance, such structure may continue to exist as
long as it remains otherwise lawful, subject to the following provisions:
a. Enlargement. No such nonconforming structure shall be enlarged or altered in a manner
that increases its nonconformity. Nonconforming structures can be enlarged or altered,
provided the enlargement or alteration itself conforms to current regulations. If the enlarged
or altered portion of the structure conforms to current regulations, the existing
nonconforming portion of the structure may remain in its existing nonconforming
condition.
b. Abandonment.
(1) When a nonconforming structure becomes vacant or is abandoned for 12 months or
more, the structure shall be brought up to the current structural regulations of the
district in which it is located. An abandoned or vacant structure shall not thereafter
be occupied until the structure conforms to the current structural regulations of the
district in which it is located.
(2) Abandonment of a nonconforming structure shall be determined by relevant evidence
of nonuse of the structure, including, but not limited to, termination or nonuse of
utilities, termination of leasehold, or evidence of lack of occupancy of the structure.
(3) The commission may determine that a structure which has been abandoned under the
intent of this section may continue to exist if the owner can show unusual
circumstances which prevented or precluded use of the structure during that period,
in which case the structure may be reoccupied.
C. Destruction or damage.
(1) If a nonconforming structure or portion of a nonconforming structure is destroyed or
damaged by less than 50 percent of the current replacement cost of the structure by
accidental means, including, but not limited to, accidental fire, windstorm, flood, civil
Exhibit "A," Page 5
disorder, or act of war, the structure may be restored to its preexisting nonconforming
state. Such restored structure shall meet all other applicable city codes, and nothing
herein shall be construed as constituting a waiver of requirements other than those
governed by the zoning ordinance. If plans to restore or repair the structure are not
submitted for issuance of a building permit within 12 months from the date of the
destruction or damage, the structure must be replaced or restored in full conformity
with current structural regulations for the district in which it is located. The
commission may grant, upon written application by the property owner showing
cause, a one-time extension to seek a building permit for a period not to exceed six
months.
(2) If a nonconforming structure or portion of a nonconforming structure is destroyed or
damaged by 50 percent or more of the current replacement cost of the structure by
accidental means, the structure must be restored in full conformity with current
structural regulations for the district in which it is located.
(3) Multifamily. Notwithstanding the foregoing, existing nonconforming multifamily
dwelling developments may be rebuilt in districts MFR-H, MFR-M and MFR-L, in
the event of any such damage or destruction, at the same unit per acre density that
existed prior to such damage or destruction, and with no increase in the
nonconformity and meeting all current codes.
d. Relocation ofstructure. Should any such nonconforming structure be moved for any reason
for any distance whatever, it shall thereafter conform to the structural regulations for the
district in which it is located after it is moved.
e. Repairs and maintenance.
(1) On any nonconforming structure or portion of a nonconforming structure, work may
be done in any period of 36 consecutive months on ordinary repairs, or on repair or
replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not
exceeding 50 percent of the current replacement cost of the nonconforming structure
or portion of the structure, as the case may be, provided that the cubic content existing
when it became nonconforming shall not be increased.
(2) A property owner may apply to the commission for an increase in the time period or
the percentage limits contained herein to enable repairs necessary for the protection
of the public health, safety, and welfare.
Section 6.5. Amendments.
A. Authority. The city council may from time to time amend, supplement, or change by ordinance the
boundaries of the district or the regulations herein established.
B. Submission to commission. Before taking action on any proposed amendment, supplement or change
by ordinance of a district boundary or regulation, the city council shall submit the proposed revision
to the commission for its recommendation and report. The commission shall make its report within
30 days following the close of the public hearing thereon.
C. Public hearings. Prior to adopting any ordinance amending, supplementing, or changing the
boundaries of any district or any regulation herein established, the commission and city council shall
each hold a public hearing at which any person desiring to be heard regarding such matter shall be
given an opportunity to do so. The city council may not hold a public hearing until it receives the final
report of the commission.
Exhibit "A," Page 6
D. Notice ofpublic hearings.
Notice of any public hearing involving a proposed change in a zoning classification shall be
given, in writing, to each owner of real property, as indicated by the most recently approved city
tax roll, which lies within 200 feet of any property on which said change in classification is
proposed., such notice to be given before the tenth day before the hearing date.
2. Notice of all public hearings shall also be published in the official newspaper of the city, or a
newspaper having general circulation in the city, before the fifteenth day before the public
hearing.
3. In addition, notice of any public hearing involving a proposed change in zoning classification
shall be given by causing a sign to be erected on the property which would be affected by the
proposed change stating the time and place of the hearing. Such sign shall be erected not less
than ten days prior to the date on which such hearing is to be held.
4. Before the tenth day before the hearing bate, notice of any public hearing involving a proposed
change in a zoning classification affecting residential or multifamily zoning shall be given, in
writing, via United States Postal Service, to each school district in which the property for which
the proposed change in classification is located.
E. Yate required in the eveni ofprotest. In the event of a written protest to any such proposed amendment,
supplement, or change to a district boundary or regulation signed by the owners of 20 percent or more
either of the area of the lots or land included in such proposed change or those immediately adjacent
to the area of the lots or land immediately adjoining the area covered by the proposed change and
extending 200 feet from that area, such amendment shall not become effective except by the
affirmative vote of three -fourths of all members of city council. In computing the percentage of land
area, the area of streets and alleys shall be included.
Section 7. Schedule of district regulations.
A. SFR, residential, general purpose and description. The SFR, Single-Fanily Residential Dwelling
District, is restricted to single-family dwellings, up to 2.7 units per acre, and to related recreational,
religious and educational facilities normally required to provide the basic elements of a balanced,
orderly convenient, and attractive residential area. Single-family residential areas shall be protected
from higher density residential development and from the encroachment of incompatible uses. Internal
stability, harmony, attractiveness, order, and efficiency are encouraged by providing for adequate
light, air and open space for dwellings and related facilities.
1. Area and height regulations. Area and height regulations in an SFR district are set forth in
subsection Q.2 of this section, regulation matrix.
2. See section 8 for supplementary district regulations.
3. Permitted uses. Uses permitted in an SFR district are set forth in subsection P of this section,
permitted use table.
A.1. SFR-E, residential, general purpose and description. The SFR-E, Single -Family Residential Estate
Dwelling District, is the most restrictive residential district. The principal use of land in this district is
for low -density single-family dwellings, up to 0.5 units per acre, and related recreational, religious
and educational facilities normally required to provide the basic elements of a balanced, orderly,
convenient, and attractive residential area. Low -density residential areas shall be protected from
multiple -family residential development and from the encroachment of incompatible uses. Internal
stability, harmony, attractiveness, order and efficiency are encouraged by providing for adequate light,
air and open space for dwellings and related facilities.
Exhibit "A," Page 7
1. Area and height regulations. Area and height regulations in an SFR-E district, are set forth in
subsection Q.2 of this section, regulation matrix.
2. See section 8 for supplementary district regulations.
3. Permitted uses. Uses permitted in an SFR-E district are the same as SFR, and are set forth in
subsection P of this section, permitted use table.
B. (R-2 and R-3) MFR-L, residential, general purpose and description. The MFR-L, Multiple -Family
Residential Dwelling —Low -Density District, is intended to provide for lowest -density multiple -
family dwellings which may have a relatively intense concentration of dwelling units served by large
open spaces consisting of common areas and recreation facilities, thereby resulting in a maximum
density of six dwelling units per acre. The principal use of land may be one or several dwelling types,
including multiple -family dwellings, and including two-family dwellings, garden apartments,
condominiums and townhouses. Recreational, religious and educational uses normally located to
service adjacent residential areas are also permitted to meet the basic needs of a balanced, orderly,
convenient, economical and attractive residential area. The multiple -family residential dwelling
district —low functions as a buffer or transition between commercial or higher density residential areas
and lower density areas. The intent of these regulations is to allow development of property which
may have a limited area suitable for residential development due to a portion of the property being
flood -prone or adjacent to a district of a different zoning designation.
1. Area and height regulations. Area and height regulations in an MFR-L district are set forth in
subsection Q.2 of this section, regulation matrix, provided, however, that for SFR uses permitted
in MFR-L districts, all the district regulations for SFR development shall apply, including but
not limited to, lot area, width and setback requirements.
2. See section 8 for supplementary district regulations.
3. Permitted uses. Uses permitted in an MFR-L district are set forth in subsection P of this section,
permitted use table.
C. (R-4) MFR-M, residential, general purpose and description. The MFR-M, Multiple -Family
Residential Dwelling —Medium -Density District, is intended to provide for medium -density multiple -
family dwellings which may have a relatively intense concentration of dwelling units, up to nine per
acre, served by large open spaces consisting of common areas and recreation facilities, thereby
resulting in medium gross densities. The principal use of land may be one or several dwelling types,
including low-rise multiple -family dwellings, garden apartments, condominiums and townhouses.
Recreational, religious and educational uses normally located to service adjacent residential areas are
also permitted to meet the basic needs of a balanced, orderly, convenient, economical and attractive
residential area. The MFR-M, multiple -family residential district, functions as a buffer or transition
between commercial or higher -density residential areas, and lower -density residential areas.
1. Multifamily residential area and height regulations. Area and height regulations in an MFR-M
district are set forth in subsection Q.2 of this section, regulation matrix, provided, however, that
for MFR-L uses permitted in MFR-M districts, all the district regulations for MFR-L
development shall apply, including but not limited to lot area, width and setback requirements.
2. See section 8 for supplementary district regulations.
3. Permitted uses. Uses permitted in an MFR-M district are set forth in subsection P of this section,
permitted use table.
C.1. GHD, residential, general purpose and description. The GHD, Garden Home District, is intended to
provide medium -density, detached, single-family dwellings having open space between units which
exceed multi -family buildings, with density not exceeding six units per acre.
Exhibit "A," Page 8
The district may be located adjacent to a district of a different zoning designation, and for which the
development as GHD would be appropriate as a buffer between incompatible land uses.
(1) Dwellings in the GHD utilize a zero -foot lot line along one side of the property. The intent is to
utilize one side of the structure as a shared wall and create a U-shaped, garden area or patio inset
on the opposite side of the structure.
(2) Fifty percent or more of one side of the structure shall be located within (1) one foot of the zero -
lot line. Building walls which are located on the zero -foot lot line shall meet the adopted building
code requirements, which may limit the types of allowed penetrations and projections.
(3) The final plat shall show graphic easements, or a plat note, that dedicates a five (5) foot wide
access and maintenance easement for all lots adjacent to lots with a zero -foot lot line. The
purpose of this easement is to give the adjoining owner access for maintenance of his/her
dwelling.
(4) The closest exterior roofline to an adjacent property shall be storm guttered if the general slope
of the roof falls toward the neighboring property. Gutters shall include returns to direct the water
to the subject property.
(5) The interior living area of the first floor of any two-story residential structure in GHD shall
contain not less than 60 percent of the structure's total living area, and not more than 40 percent
of the structure's total living area shall be contained on the second floor, excluding open decks,
porches, terraces, and garages.
D. (R-5) MFR-H, residential, general purpose and description. The MFR-H, Multiple -Family
Residential Dwelling —Highest -Density District, is a residential district intended to provide for the
highest residential density ranging up to 12 dwelling units per acre. The principal use of land in the
district is for a wide variety of dwelling types, including low-rise multiple -family dwellings, garden
apartments, condominiums, and townhouses and, subject to a specific use permit, high-rise
apartments. Recreational, religious, health and educational uses normally located to service residential
areas are permitted in this district in order to provide the basic elements of a balanced, orderly,
convenient, and attractive residential area. The MFR-H district is usually located adjacent to the major
street and serves as a buffer or transition between commercial development or heavy automobile
traffic and medium -density residential development.
1. Area and height regulations. Area and height regulations in an MFR-H district are set forth in
subsection Q.2 of this section, regulation matrix, provided, however, that for MFR-L and MFR-
M uses permitted in MFR-H districts, all the district regulations for MFR-L and MFR-M
development shall apply, including but not limited to lot area, width and setback requirements.
2. See section 8 for supplementary district regulations.
3. Permitted uses. Uses permitted in an MFR-H district are set forth in subsection P of this section,
permitted use table.
E. (R-6) MHR, Mobile Home District, general purpose and description. The MHR, Mobile Home
District, is a residential district intended for mobile home development, up to ten units per acre.
Recreational uses normally located in mobile home developments are permitted in this district.
1. Area and height regulations. Area and height regulations in an MHR, mobile home residential
dwelling district, are set forth in section 7-Q.2, regulation matrix.
2. See section 8 for supplementary district regulations.
3. Permitted uses. Uses permitted in an MHR district are set forth in subsection P of this section,
permitted use table.
Exhibit "A." "" Page 9
4. Other required conditions. The provisions of Ordinance No. 129 (Mobile Home Ordinance) of
the city shall apply to the MHR district.
F. (C-1) CSC, Community Shopping Center District, general purpose and description. The CSC,
Community Shopping Center District, is intended for a unified grouping, in one or more buildings of
several, typically between five and 20, retail and service shops or stores that provide for the regular
needs and are for the convenience of the people residing in adjacent residential neighborhoods. Gross
floor area in a community shopping center typically ranges from 30,000 to 100,000 square feet, and
land area consists of two to ten acres in size. It is intended that the community shopping center be
developed as a unit, with adequate off-street parking for customers and employees, and with
appropriate landscaping and screening to ensure compatibility with surrounding residential
environment. This district is ideally located at the intersection of two or more arterial or major streets
with a service area of up to 1'/2 miles.
1. Area and height regulations. Area and height regulations in a CSC district are set forth in
subsection Q.2 of this section, regulation matrix.
2. See section 8 for supplementary district regulations.
3. Permitted uses. Uses permitted in a CSC district are set forth in subsection P of this section,
permitted use table. A specific use permit for a shopping center as a particular use is required
before any building permit or certificate of occupancy may be issued in this district.
4. No CSC district shall be created which includes less than two acres.
5. Buildings in the CSC zoning district are encouraged to have exterior cladding of brick, masonry,
stone, stucco or glass. Fiber cement boards/siding are discouraged, except as trim for eaves and
overhangs, while all building products and materials approved for use by a national model code
published within the last three code cycles are allowed by V.T.C.A., Government Code ch. 3000.
G. NC, Neighborhood Commercial District, general purpose and description. The NC, Neighborhood
Commercial District, is primarily intended for retail sales, services and office activities in a mixed
grouping. This designation is intended for use along major thoroughfares and collector streets where
larger tracts of land can be utilized as coordinated commercial centers. This designation is intended
for use of land areas between one -quarter acre and two acres. Structure size is typically between 4,000
and 20,000 square feet. Office uses permitted in this district shall not exceed 60 percent of the gross
building and structure floor area.
1. Area and height regulations. Area and height regulations in an NC district are set forth in
subsection Q.2 of this section, regulation matrix.
2. See section 8 for supplementary district regulations.
3. Permitted uses. Uses permitted in an NC district are set forth in subsection P of this section,
permitted use table.
4. Building site coverage consisting of all buildings and structures and all paved surfaces shall not
exceed 90 percent of the total lot area.
5. Buildings in the NC zoning district are encouraged to have exterior cladding of brick, masonry,
stone, stucco or glass. Fiber cement boards/siding are discouraged, except as trim for eves and
overhangs, while all building products and materials approved for use by a national model code
published within the last three code cycles are allowed by V.T.C.A., Government Code ch. 3000.
H. OPD, Office Park District, general purpose and description. The OPD, Office Park District, is
intended to encourage and permit general professional and business office development in a fashion
consistent with surrounding development. This district is ideally suited as a buffer between
commercial and residential areas. As such, it shall be considered for entrances and land adjacent to
Exhibit "A," Page 10
residential developments. The ultimate development is to provide land use intensity and landscaping
consistent with surrounding areas.
I. Area and height regulations. Area and height regulations in an OPD are set forth in subsection
Q.2 of this section, regulation matrix.
2. See section 8 for supplementary district regulations.
3. Permitted uses. Uses permitted in an OPD are set forth in subsection P of this section, permitted
use table.
4. Show window or display window effects shall not be permitted and there shall be no display
from windows or doors and no storage of merchandise in the building or on the premises except
in quantities customarily found in professional or business offices.
5. Retail operations that are primarily for selling to office park occupants are permitted. Examples
of these retail operations would be restaurants, coffee shops, office supply, barbershops, gift
shops, health spas, specialty stores.
5. One caretaker's quarters unit may be provided for each office park complex.
7. Building site coverage consisting of all buildings and structures and all paved surfaces shall not
exceed 90 percent of the total lot area.
8. Buildings in the OPD are encouraged to have exterior cladding of brick, masonry, stone, stucco
or glass. Fiber cement boards/siding are discouraged, except as trim for eves and overhangs,
while all building products and materials approved for use by a national model code published
within the last three code cycles are allowed by V.T.C.A., Government Code ch. 3000.
Downtown District (DD), general purpose and description. The DD, downtown district, is designed
to accommodate and promote the city's original business and downtown areas. It is intended to achieve
a balance of retail, commercial, office, and residential and public activities. Development within the
DD should be pedestrian friendly with an emphasis on shared parking and shared access between
developments.
1. Area and height regulations. Structures within the DD are intended to be between one to four
stories. The maximum height allowed is 70 feet as measured in accordance with the method
prescribed in section 20. Additional regulations are set forth under subsection Q.2 of this section,
regulation matrix.
a. No residential use shall be allowed on the first floor.
2. See section 8 for supplementary district regulations.
3. Permitted uses. Uses permitted in the DD are set forth in subsection P of this section, permitted
use table.
4. Buildings in the DD are encouraged to have exterior cladding of brick, masonry, stone, stucco,
glass or lap sided cement fiberboard. Sheet cement fiberboards are discouraged, except as trim
for eves and overhangs, while all building products and materials approved for use by a national
model code published within the last three code cycles are allowed by V.T.C.A., Government
Code ch. 3000.
J. PUD, planned unit development, general purpose and description.
(1) General.
(a) This district allows for greater flexibility in the design and coordination of a single use or
mixed uses than in other districts because a specific ordinance is written for every PUD. A
PUD is a unique zoning classification and shall be granted only when the commission and
Exhibit "A." Page l 1
city council determine that the applicant has submitted a complete application containing
sufficient detail. An applicant is not entitled to a PUD as a matter of right. The city reserves
the right to establish conditions as determined appropriate.
(b) The general purposes of all PUD districts are several -fold:
To encourage unified design and development of tracts of land incorporating a variety
of uses, including, but not limited to, residential, commercial, office, and institutional;
2. To accommodate innovation in development by modifying the city's land use and
development regulations;
To provide for and protect the public health, safety, and general welfare of the city
by assuring quality development in accordance with the city's comprehensive plan
and other related goals;
4. To minimize the negative impact of developments, especially those related to
drainage, environment, traffic, and public services and related facilities;
5. To protect and enhance the aesthetic and visual qualities of development;
6. To provide development of sites in a suitable fashion when such development is
restricted by such factors as site location and shape; or
7. To promote economic development in accordance with the city's plans for such.
(c) In no case shall a PUD be used for the sole purpose of circumventing the intent of city
ordinances or plans. For the PUD district, the use and property development regulations
shall be the same as if each use approved in the PUD were situated in the most restrictive
district in which such use is otherwise permitted in this ordinance, unless other restrictions
and regulations are approved as a part of the site plan and the PUD district.
(d) The development must be planned as an integral unit and must protect nearby landowners
from adverse impact with appropriate buffering and landscaping. A site plan is required for
all PUDs.
(e) A PUD district must meet a minimum of one of the following criteria. The commission
may recommend, and city council may determine, that more than one criterion is needed
to approve a PUD.
The land is proposed for development as a mixed -use development requiring more
flexible and innovative design standards;
2. The land is proposed for redevelopment or infill development and special design
considerations are deemed necessary;
3. The land serves as transition between different and seemingly incompatible land uses;
4. The land is proposed for development of a major employment center or of major
economic benefit for the community, and for which special design standards may be
warranted;
5. To provide amenities or features that would be of a special benefit to the community;
or
6. The land has unique environmental features or unusually configured parcels requiring
a more flexible approach to zoning and clustering of uses, or special design standards.
Exhibit "A," Page 12
(2) Application.
(a) Application and approval process. A development review committee meeting with staff is
required prior to application for a PUD. Following the DRC meeting, the applicant will
submit all required documents described below to city staff for comments and corrections
prior to scheduling the public hearing,
(b) Each PUD application shall be accompanied by payment for the processing fee as
established in section 14. Advertisement and public hearings shall be held by the
commission and city council in accordance with the notification procedure set forth for a
rezoning application. Fallowing the public hearing, the commission shall forward the plan
with its recommendation to the city council for consideration. The commission and/or city
council may require additional information throughout the process.
(c) An applicant may choose one of two ways to seek PUD approval:
Submit all items listed below with the application and the required processing fee for
rezoning. This option would allow the site plan to be approved as a part of the zone
change and prevent the applicant from a second submittal after rezoning to obtain site
plan approval.
(a) Data describing all processes and activities involved with the proposed
use;
(b)
Boundaries of the area covered by the site plan;
(c)
The location of each existing and proposed building and structure in the
area covered by the site plan and the number of stories, height, roofline,
gross floor area and location of building entrances and exits;
(d)
The location of existing drainage ways, and significant natural features;
(e)
Proposed landscaping and screening buffers;
(f)
The location and dimensions of all curb cuts, public and private streets,
parking and loading areas, pedestrian walks, lighting facilities and outside
trash storage facilities;
(g)
The location, height and type of each wall, fence, and all other types of
screening;
(h)
The location, height, and size of all proposed signs;
(i)
Utility and drainage plans;
(j}
Regulation matrix designating what zoning district the development will
follow; and
(k)
Data describing any variation from the typical development requirements;
or
2. Submit a
conceptual plan with the application and the required processing fee for
rezoning.
This option will require the applicant to apply for site plan approval at a
later date
if the zone change to PUD is approved. At the time of site plan approval,
all information contained in the conceptual plan shall be certified by an engineer
and/or surveyor. The conceptual plan shall provide the following information:
(a)
General land use and density plan;
Exhibit "A," Page 13
(b) Identify proposed general uses, densities, major open spaces, circulation,
and access features. Detention and/or retention areas may be calculated as
open space only when, in the opinion of the commission, the detention area
is designed to act as an amenity;
(c) Statement indicating proposed phasing of development and the projected
timing of each;
(d) Data describing all processes and activities involved with the proposed
use;
(e) Regulation matrix designating what zoning district the development will
follow; and
(f) Data describing any variation from the typical development requirements.
(3) Modification of standards proposed within a PUD.
(a) Following adoption of a PUD ordinance pursuant to this section, all subsequent plans
prepared for the development or any portion of the property within a PUD must conform
to the approved plan in accordance with the standards of the PUD ordinance, this section,
and all other applicable ordinances of the city.
(b) The city recognizes that market conditions may alter the development of a large PUD and
hereby provides that alterations in the land area or square footage, as appropriate, covered
by a category of use, may be varied by not more than 10 percent. In no case shall such
variations change traffic or circulation patterns, substantially alter the number or
arrangement of buildings, increase the height of buildings, lessen the amount or
effectiveness of open space or landscaped buffers, or result in a greater impact on adjacent
properties or neighborhoods. Percentage changes specified herein shall be the maximum
change allowed; multiple changes exceeding those percentages shall not be approved
administratively but shall require the owner to submit an application for an amendment to
the district standards.
(4) Time limit. A planned unit development issued under this section shall expire two years after its
date of issuance if the construction or use authorized thereunder is not substantial and is not
providing consistent progress prior to the expiration of said two-year period; provided, however,
if, prior to the expiration of such two-year period, the owner of property to which a PUD applies
requests, in writing, an extension thereof, the city council, after recommendation from the
commission, may approve such extension for not more than two additional years. The PUD
zoning will remain in place, however, and a new application, fee, and development plan must be
submitted in accordance this section. The new submittal must be approved for any construction
to occur.
(5) Revocation. A PUD may be revoked or modified, after notice and hearing, if the PUD was
obtained or extended by fraud or deception or if the terms of the PUD have not been met.
K. Reserved.
L. A4, Agricultural District, general purpose and description. The A-1, Agricultural District, is intended
for the growing and/or marketing of agricultural products.
Area and height regulations. Area and height regulations in an A-1 district are set forth in
subsection Q.2 of this section, regulation matrix.
2. See section 8 for supplementary district regulations.
Exhibit "A," Page 14
3. Permitted uses. Uses permitted in an A-1 district are set forth in subsection P of this section,
Permitted use table. Residential development is prohibited in the A-1 district; however, dwelling
quarters for onsite employees and their families are permitted provided such residential use
conforms to the SFR district regulations, including lot area, width and setback requirements and
parking ratio.
M. (M--1) LI, Light Industrial District, general purpose and description. The LI, Light Industrial District,
is intended primarily for the conduct of light manufacturing, assembling, and fabrication, and for
warehousing, wholesaling, and service operations. This district is designed to upgrade industrial
development standards, prevent industrial blight, and protect light industrial development from
incompatible residential, commercial or heavy industrial uses.
1, Area and height regulations. Area and height regulations in an LI district are set forth in
subsection Q.2 of this section, regulation matrix.
2. See section S for supplementary district regulations.
3. Permitted uses. Uses permitted in an LI district are set forth in section 7-P, permitted use table.
N. 1, Industrial District, general purpose and description. The I, Industrial District, is intended to provide
for industrial uses and other uses not otherwise provided for in the other districts. The intensity of uses
permitted in this district makes it necessary to separate it from all residential districts and most
commercial districts wherever possible.
1. Area and height regulations. Area and height regulations in an I district are set forth in subsection
Q.2 of this section, regulation matrix.
2. See section 8 for supplementary district regulations.
3. Permitted uses. Uses permitted in an I district are set forth in subsection P of this section,
permitted use table.
O. BP, Business Park District. The BP, Business Park District, is intended to encourage and permit light
manufacturing and/or service operations and auxiliary retail and wholesale sales. The business may
be individually owned or leased by a common owner. The types of uses, and the design and exterior
appearance shall be so controlled as to maintain the integrity and be generally compatible with
adjacent surrounding residential and commercial development. All services, manufacturing and
storage are to be indoors. This district shall access or abut major thoroughfare and/or collector streets.
It is intended that the business park be developed as a unit.
1, Area and height regulations. Minimum size business park 10,000 square feet, no structure within
a BP shall be located within 25 feet of an exterior BP boundary (an exterior BP boundary is one
that abuts a zone other than BP).
2. See section 8 for supplementary district regulations.
3. Permitted uses. Uses permitted in a BP district are set forth in subsection P of this section,
permitted use table.
4. Light manufacturing is permitted only if limited to final machining, assembly, testing, processing
and packaging into finished goods from raw materials produced elsewhere, such as electronic
parts assembly, medical products processing, mechanical parts assembly and aerospace
equipment processing.
5. Truck docking facilities are permitted, provided they are located in the rear or side yard and
screened from view of adjacent street right-of-way.
b. Performance standards shall conform to section S.J as shown in the CSC zoning district.
Exhibit "A," Page 15
7. Exterior requirements. All buildings are encouraged to be constructed with at least 65 percent of
their exterior walls, excluding doors and windows, constructed of masonry materials, or concrete
construction or a combination of masonry, concrete, aluminum or glass materials, while all
building products and materials approved for use by a national model code published within the
last three code cycles are allowed by V.T.C.A., Government Code ch. 3000.
8. Except as specifically provided in the permitted use table in subsection P of this section, retail
sales shall be permitted as accessory uses only and then only to the extent that such sales are
sales of products manufactured or serviced on the premises. Retail sales shall not be permitted
as a primary use in the BP district except where specifically authorized in said subsection P of
this section.
P. Permitted uses.
Use of land and buildings. Buildings, structures, land or premises shall be used only in
accordance with the uses specifically permitted in the zoning district classification for the site
subject to compliance with parking regulations, height and area requirements, special conditions
and all other requirements of the zoning ordinance.
2. Permitted use table. The permitted uses in each specific zoning district are shown by means of
symbols in the permitted use tables on the following pages.
Uses not listed. Primary uses not listed in the permitted use table may be permitted in any district
where similar uses are permitted. The function and locational requirements of the unlisted use
must be consistent with the purpose and description of the zoning district, compatible with the
permitted uses in the district, and be similar in traffic -generating capacity, noise, vibration, dust,
odor, glare and heat producing characteristics.
4. Accessory use. A use which is customarily incidental to that of the primary existing use, which
is located on the same lot or premises as the primary existing use, and which has the same zoning
district classification shall be permitted as an accessory use without being separately listed as a
permitted use.
North America Industry Classification System (NAILS) Codes. The activity descriptions in the
current NAICS Codes prepared by the United States Executive Office of the President, Office
of Management and Budget, shall be used to determine the primary establishment uses when
reference is made in the tables to a designated standard industrial classification. Every January,
the community development department shall determine if the manual has been revised. If the
manual has been revised, such revisions and changes will be summarized in a written report and
presented to the commission. The commission will make recommendations to council regarding
adoption of the revised manual and appropriate changes to the zoning ordinance permitted use
table. The commission may recommend that an ad hoc committee review and propose revisions
to the permitted use table.
6. Permitted use table.
Exhibit "A," Page 16
Residential Uses
SFR
and
SFR-
E
GHn
M
MFR-
MFR-L M
MFR-
g
MHR
CSC
NC
(3PD
DD
A-1
Ll.
I
BP
Single -Family Residence
P
P
Garden Home Residence
P
Multiple -Family Residence —Low Density
P
P
P
Multiple -Family Residence --Medium Density
P
P
Multiple -Family Residence —High Density
P
Mobile Home Residence
P
SFR
2017 NAICS
and
GHD
MFR-
MFR-
MFR-
1IHR
CSC
NC
OPD
DD
A-1
LT
l
BP
Industry Descriptions
SFR-
L
M
H
E
Sexually oriented businesses
Ch. 62
l l
A ricuPture, Forestry, Fishing and Hunting
111
Crop production
O
O
O
0
P
1114
Greenhouse, nursery, and
0
0
P
S
S
0
floriculture production
1 121
Animal production and
{)
[)
[)
0
P
a uaculture
113
Forestry and logging
0
O
P
S
P
1133
Logging
0
[)
S
S
114
Fishing, hunting, and trapping
0
0
P
115
Support activities for agriculture
O
O
0
[}
P
0
and forestry
21
Mining, Quarrying, and Oil and Gas Extraction
211
Oil and gas extraction
0
0
S
S
S
212
Mining (except oil and as
0
0
S
S
S
213
Support activities for mining
0
0
1 S
S
1 S
Exhibit "A," Page 17
SFR
2017 NAICS
and
GHD
MFR-
MFR-
MFR-
MHR
CSC
NC
OPD
DD
A-1
L1
I
BP
Industry Descriptions
SFR-
L
M
H
E
22
Utilities
221
Utilities
0
0
S
P
0
23
Construction
236
Construction of buildings
0
0
0
0
P
P
P
Heavy and civil engineering
237
0
0
0
0
P
P
S
construction
238
Specialty trade contractors
0
0
0
O
P
P
P
31-33
Manufacturing
311
Food manufacturing
0
0
0
S
S
S
311811
Retail bakeries
P
P
P
P
P
3121
Beverage manufacturing
P
0
P
P
P
P
3122
Tobacco manufacturing
0
0
0
S
S
S
313
Textile mills
0
0
O
S
S
S
314
Textile product mills
0
0
O
S
S
S
315
Apparel manufacturing
0
0
0
S
S
S
Leather and allied product
316
manufacturing
0
0
O
S
P
S
Leather and hide tanning and
3161
finishing
0
0
0
0
S
0
321
Wood product manufacturing
0
0
O
S
P
S
322
Paper manufacturing
0
0
0
0
S
0
Printing and related support
323
S
0
S
P
P
P
activities
323113
Commercial screen printing
P
S
0
P
P
P
P
Petroleum and coal products
324
manufacturing
0
0
0
S
S
S
325
Chemical manufacturing
0
0
0
S
S
S
Pharmaceutical preparation
325412
manufacturing
0
0
O
P
P
P
Exhibit "A," Page 18
SFR
2017 NAICS
and
GHD
MFR-
MFR-
MF'R-
MHR
CSC
NC
OPD
DD
A-1
L1
C
BP
Industry Descriptions
SFR-
L
M
II
E
326
Plastics and rubber products
❑
0
0
S
P
S
manufacturing
3262
Rubber product manufacturing
0
0
0
0
P
0
327
Nonmetallic mineral product
0
0
0
{}
P
0
manufacturin
331
Primary metal manufacturing
0
0
(}
0
S
{}
332
Fabricated metal product
0
0
0
S
P
S
manufacturing
333
Machinery manufacturing
o
0
0
S
P
S
334
Computer and electronic product
0
0
0
P
P
P
manufacturing
335
Electrical equipment, appliance,
0
0
0
P
P
P
and component manufacturing
33591
Battery manufacturing
0
0
0
0
S
0
336
Transportation equipment
0
0
0
S
1,
S
manufacturing
337
Furniture and related products
0
❑
❑
S
P
S
manufacturing
339
Miscellaneous manufacturing
0
0
0
P
P
S
3391
Medical equipment and supplies
0
0
0
P
P
P
manufacturing
42
Wholesale Trade
423
Merchant wholesalers, durable
t}
0
0
P
P
P
Dods
424
Merchant wholesalers,
0
❑
0
P
P
P
nondurable goods
425
Wholesale trade agents and
�}
0
O
P
P
P
brokers
44--45
Retail Trade
4411
Automobile dealers
1
0
0
0
P
P
0
4412
Other motor vehicle dealers
0
0
0
P
P
0
Exhibit "A." Page 19
SFR
2017 NAICS
and
GHD
MFR-
MFR-
MFR-
MHR
CSC
NC
OPD
DD
A-1
L1
I
BP
Industry Descriptions
SFR-
L
M
H
E
4413
Automotive parts, accessories,
P
S
0
0
P
P
P
and tire retailers
Furniture and home furnishing
4491
retailers
P
P
0
P
S
S
P
Electronics and appliance
4492
retailers
P
P
0
P
S
S
P
Building material and garden
444
equipment and supplies dealers
P
P
0
P
P
P
P
444180
Other building material dealers
S
S
0
1 0
1 S
S
S
445
Food and beverage retailers
P
P
0
P
P
P
S
455
General merchandise retailers
P
P
0
P
P
P
P
4561
Health and personal care retailers
P
P
0
P
P
P
P
457
Gasoline stations and fuel dealers
P
P
0
P
P
45712
Other gasoline stations
1 0
0
1
S
S
Clothing, clothing accessories,
458
shoe, and jewelry retailers
P
P
0
P
P
P
P
Sporting goods, hobby, and
4591
musical instrument, retailers
P
P
0
P
P
P
P
4592
Book retailers and news dealers
P
P
0
1 P
P
P
P
4593
Florists
P
P
0
P
P
P
P
Office supplies, stationary, and
4594
gift retailers
P
P
0
P
P
P
P
4595
Used merchandise retailers
P
P
P
P
P
P
Manufactured (mobile) home
45993
dealers
0
0
S
4599
Other miscellaneous retailers
P
P
P
P
P
P
48-49
Transportation and Warehousing
481
Air transportation
0
0
0
0
0
482
Rail transportation
0
0
S
P
S
483
Water transportation
0
0
0
S
0
484
Truck transportation
0
0
P
P
S
Exhibit "A," Page 20
SFR
2017 NAICS
and
GIID
NIFR
NIFR-
MFR-
�1IiR
CSC
NC
UPD
DD
A-1
1-1
I
BP
Industry� Descriptions
SFR-
L
M
II
E
485
Transit and ground passenger
S
5
{�
5
S
transportation
486
Pi eline transportation
S
S
S
S
S
S
S
S
5
S
S
S
S
S
487
Scenic and sightseeing
S
i,
P
transportation
488
Support activities for
S
S
O
S
P
P
transportation
48841
Motor vehicle towing
O
O
S
P
U
491
Postal service
P
P
O
P
P
P
P
492
Couriers and messengers
P
P
O
P
P
P
P
493
Warehousin and storage
❑
S
P
P
P
51
Information
513
Publishing industries
P
O
P
P
P
P
512
Motion picture and sound
S
()
S
S
S
S
recording industries
516
Broadcasting and content
S
{1
()
P
P
P
providers
517
Telecommunications
S
I S
O
S
P
P
P
517121
Telecommunication resellers
P
1 P
O
P
P
P
P
Computing infrastructure
518
providers, data processing, web
S
S
O
S
S
P
P
hostin and related services
Web search portals, libraries,
519
archives, and other information
S
S
O
S
S
P
P
services
52
Finance and Insurance
521
Monetary authorities —Central
P
P
P
P
P
P
P
bank
522
Credit intermediation and related
P
P
P
P
P
P
p
activities
Exhibit "A." Page 21
SFR
2017 NAICS
and
GHD
MFR-
MFR-
MFR-
MHR
CSC
NC
OPD
DD
A-1
L1
I
BP
Industry Descriptions
SFR-
L
M
H
E
International, secondary market,
and all other non -depository
522299
credit intermediation (i.e., pawn
S
0
S
S
P
P
shops)
Securities, commodity contracts,
523
and other financial investments
P
P
P
P
P
P
P
and related activities
Insurance carriers and related
524
P
P
P
P
P
P
P
activities
Funds, trusts, and other financial
525
vehicles
P
P
P
P
P
P
P
53
Real Estate and Rental and Leasin
531
Real estate
P
P
P
P
P
P
P
53113
Lessors of mini warehouses and
0
0
0
0
0
P
P
self -storage units
532
Rental and leasing services
P
S
0
S
P
P
P
53212
Truck, utility trailer, and RV
0
0
0
0
0
P
P
rental and leasing
Lessors of nonfinancial
533
intangible assets (except
P
P
P
P
P
P
P
copyrighted works
54
Professional, Scientific and Technical Services
541
Professional, scientific, and
P
P
P
P
PTP
P
technical services
54138
Testing laboratories
S
0
S
S
P
P
55
Management of Companies and Enter rises
551
Management of companies and
P
P
P
P
P
P
P
enterprises
56
Administration and Support and Waste Management and Remediation Services
561
Administrative and support
P
P
0
P
P
P
P
services
Exhibit "A," Page 22
SF R
2017 NAICS
and
GHD
MFR-
MFR-
MFR-
IViHR
CSC
NC
OPD
DD
:�-1
I:I
I
BP
Industry Descriptions
SFR-
L
M
H
E
561730
Landscaping services
S
t]
t1
S
P
S
56179
Other services to buildings and
S
U
O
S
P
P
dwellings
562
Waste management and
remediation services
61
Educational Services
6111
Elementary and secondary
S
S
S
S
S
S
S
S
O
S
S
S
S
S
schools
6112
Junior colleges
S
O
S
S
S
S
S
6113
Colleges, universities, and
S
O
S
S
S
S
S
professional schools
6114
Business schools and computer
S
O
S
S
S
S
S
and management training
6115
Technical and trade schools
S
O
S
S
S
S
S
6116
Other school and instruction
P
P
P
P
S
P
P
62
Health Care and Social Assistance
621
Ambulatory health care services
P
P
P
P
P
P
622
Hospitals
P
C]
S
P
P
P
6231
Nursing care facilities —Skilled
S
S
O
S
S
nursing facilities
Residential, intellectual and
6232
development disability, mental
P
P
P
P
P
P
health, and substance abuse
facilities
Continuing care retirement
623311
communities (with on -site
S
S
D
S
S
S
nursing)
623312
Assisted living facilities for the
S
S
O
S
S
S
elderly (without on -site nursing)
624
Social assistance
S
O
1 S
S
S
S
Exhibit "A"A " Page 23
SFR
2017 NAICS
and
GHD
MFR-
MFR-
MFR-
MHR
CSC
NC
OPD
DD
A-1
L1
i
BP
Industry Descriptions
SFR-
L
M
H
E
6244
Child day care services
P
P
0
P
P
P
(childcare centers
Child day care services
6244
(registered and/or licensed
P
P
childcare home
71
Arts, Entertainment and Recreation
7111
Performing arts
P
0
P
P
P
P
7112
Spectator sports
S
0
0
P
P
P
7113
Promoters of performing arts,
P
0
P
P
P
P
sports, and similar events
712
Museums, historical sites, and
S
S
S
S
S
S
P
S
0
P
S
S
S
S
similar institutions
7131
Amusement parks and arcades
S
S
S
P
7132
Gambling industries
7139
Other amusement and recreation
S
S
P
industries
713940
Fitness and recreational sports
P
S
P
P
P
centers
713990
All other amusement and
S
S
P
P
P
recreation activities
72
Accommodation and Food Services
7211
Traveler accommodation
S
0
S
S
S
S
7212
RV (recreational vehicle) parks
0
S
S
and recreational camps
7213
Roominghouses and
S
0
S
S
S
S
boardinghouses
7223
Special food services
P
P
0
P
P
P
P
7224
Drinking places (more than 75%
S
S
S
S
S
sales of alcoholic beverages)
7225
Restaurants and other eating
P
P
0
P
P
P
P
laces
Exhibit "A," Page 24
SFR
2417 NAICS
and
GHD
MFR-
MFR-
_VIFR-
MHR
CSC
NC
OPD
DD
A-1
[.i
f
BP
Industry Descriptions
SFR-
L
M
II
E
81
Other Services (Except Public Adnzinistration)
Sill
Automotive repair and
P
S
S
S
P
maintenance
81112
Automotive body, paint, interior,
S
S
0
S
S
P
and glass repair
Electronic and precision
8112
equipment repair and
S
[.)
0
S
P
P
maintenance
Commercial and industrial
machinery and equipment
8113
(except automotive and
S
0
0
S
P
P
electronic repair and
maintenance
8114
Personal and household goods
S
❑
0
S
P
P
repair and maintenance
8121
Personal care services
P
P
P
P
P
P
P
8122
Death care services
S
S
0
S
S
S
S
8123
Dry cleaning and laundry
P
p
p
P
p
p
p
services
8129
Other personal services
P
P
P
P
P
P
P
8131
Religious organizations
S
S
S
S
S
S
S
S
0
S
S
S
S
S
8132
Grantinaking and giving services
0
0
0
0
0
P
0
8133
Social advocacy organizations
0
0
0
0
O
P
0
8134
Civic and social organizations
0
0
O
0
O
P
0
Business, professional, labor,
$139
political, and similar
0
0
0
0
0
P
0
organizations
814
Private households
P
P
P
P
P
P
(a)
P
Exhibit "A." Page 25
SFR
2017 NAICS
and
MFR-
MFR-
MFR-
GHD
MHR
CSC
NC
OPD
DD
A-1
L1
I
BP
Industry Descriptions
SFR-
L
M
H
E
92
Public Administration
Executive, legislative, and other
921
P
0
P
P
P
P
eneral aovernment support
Justice, public order, and safety
922
P
0
P
P
P
P
activities
92214
Correctional institutions
S
Administration of human
923
P
0
P
P
P
P
resource pro rams
Administration of environment
924
P
0
P
P
P
P
quality programs
Administration of housing
925
programs, urban planning, and
P
0
P
P
P
P
community development
Administration of economic
926
P
0
P
P
P
P
programs
927
Space research and technology
P
0
P
P
P
P
National security and
928
P
0
P
P
P
P
international affairs
Exhibit "A," Page 26
(a) Second floor and above.
(b) Legend.'
P: Permitted.
2. S: Specific use permit required.
O: Office use only.
4. Blank: Not permitted.
(c) Notwithstanding the permitted uses depicted in this table, which are intended to address
uses not otherwise regulated or restricted by federal, state, or related law for protected
specific uses, it is the intention of the city to fully comply with all such legal requirements.
Any applicant who is relying upon any such specific rules or regulations not otherwise
addressed in this table shall provide the relevant provisions to the city for review.
(d) Swimming pool. Exception for private recreation facilities under subsection (e) of this
section.
I , If located in any residential zoning district, the pool shall be intended and used solely
for the enjoyment of the occupants of the principal use of the property on which it is
located and their guests.
2. A swimming pool shall be deemed an accessory structure under the terms of this
appendix, and shall, except as otherwise specifically provided herein, be subject to
all requirements and restrictions hereunder. A swimming pool may be erected within
a required rear yard, provided it is set back no closer than five feet from any rear lot
line but shall not be erected within any required front or side yard. Swimming pool
pump, filter, and heating equipment may be located within a required side or rear
yard, but not nearer than five feet from any side or rear property line.
(e) Private recreation facility. Private recreation facilities in residential districts for
multifamily developments, subdivisions, or homeowners' associations shall be restricted to
use by the occupants of the residence and their guests, or by members of a club or
homeowners' association and their guests, and shall be limited to such uses as swimming
pools, open game fields, basketball, shuffleboard, racquetball, croquet, and tennis courts,
and meeting or locker rooms. Private recreation facilities shall not be located within 25 feet
of any street right-of-way or within ten feet of any abutting property line. Activity areas
shall be fenced and screened from abutting properties. Dispensing of food and beverages
shall be permitted on the premises only for the benefit of users of the recreation facility and
not for the general public. Off-street parking shall be required on the basis of one space for
each 4,000 square feet of area devoted to recreational use with a minimum of four spaces
and a maximum of 20 spaces.
(f) Auto repair garage. Automobile repairing, painting, upholstering and body and fender
work shall be performed only under the following conditions:
I . All body and fender repairing shall be done within a completely enclosed building or
room with stationary windows that may be opened only at intervals necessary for
ingress and egress.
2. No spray painting may be done except in a spray booth especially designed for that
purpose.
3. All other auto repairing, etc., shall be conducted within a building enclosed on at least
three sides.
Exhibit "A." Page 27
4. All vehicles awaiting body repair and/or paint, not currently being worked on within
the required building, shall be stored behind and completely screened by an eight -
foot opaque fence. The fence must be placed as to not block visibility of traffic and
allow required ingress and egress. In addition, the fence must comply with fence
requirements as noted in section 8.B.
5. Repaired vehicles, or those waiting to be repaired, cannot occupy recommended
parking places.
(g) Temporary batching facility. Before a specific use permit may be granted for a temporary
batching facility, the city council shall find that such batching plant, yard, or building is
both incidental to and necessary for construction within two miles of the plant. A specific
use permit may be granted for a period of not more than 180 days, and approval shall not
be granted for the same location for not more than four specific use permits during any 30-
month period. Within 30 days following the termination of any batching plant, the
permittee shall cause the site to be returned to its original condition.
(h) Junkyards. No property located within the corporate limits of the city shall be used and no
building shall be erected for or converted to be used as an auto wrecking yard, junkyard,
salvage storage, scrap metal storage yard or wrecking material yard, except in the I,
industrial district.
(i) Dry cleaning facilities. Dry cleaning establishments shall be subject to the following
additional supplemental requirements at the time of submittal for site plan approval,
certificate of occupancy, first permit or zoning compliance request. Compliance with all
applicable city, state and federal codes, ordinances and regulations shall be required prior
to the issuance of a certificate of occupancy. In the case of a conflict between city, state
and federal regulations, the more stringent shall control. Reports and copies of all
documentation listed below must be provided to the city on a quarterly basis.
1. The facility may process only the clothing dropped off by customers at that location.
2. All employees shall be certified by the equipment manufacturer before operating or
maintaining the equipment at that site.
3. The facility shall be registered with the EPA and TNRCC as a small industrial
generator of hazardous waste, if required by state or federal regulations, or the owner
shall provide proof that it is exempt from such registration.
4. The facility shall have a sampling port installed on its property to allow compliance
sampling by city, state, or federal agencies, of sewer effluent.
5. Perchloroethylene waste storage shall be limited to no more than 90 days on -site.
6. Perchloroethylene waste removal shall be handled by a third -party transporter and
removed to a RCRA permitted treatment storage and disposal facility.
7. No perchloroethylene shall be stored on -site other than in the dry cleaning machine
system.
(j) Single tenant or occupant retail uses occupying 50,000 gross square feet or more. The
following requirements shall be in addition to the requirements of any applicable zoning
district or overlay district. The following regulations also apply if any interior portion of
the 50,000 gross square feet of the building envelope is subleased to another tenant or
occupant not affiliated with the primary tenant or occupant:
1. Provide a noise mitigation plan to verify compliance with the city's current maximum
permissible sound levels located in article IV, chapter 54 of the Code of Ordinances;
Exhibit "A," Page 28
2. Front building facades and facades fronting private or public streets with facades
greater than 200 feet in length shall incorporate wall plane projections or recesses that
are at least six feet deep. Projections and/or recesses must be at least 25 percent of the
length of the facade. Uninterrupted lengths of facade may not exceed 100 feet in
length;
3. Buildings shall be architecturally finished on all four sides with the same architectural
elements as required in subsection P.6.0)4 of this section except the rear of the
building, provided that a double row of trees is planted along the property line behind
the building. In this case, the architectural finish must match the remainder of the
building in color and facade material only. A double row of trees shall include trees
planted on offset 50-foot centers in a 15-foot landscape buffer, where 50 percent of
the trees are canopy evergreen trees; and
4. Buildings that are 50,000 square feet or more in size must include a minimum of six
of the following architectural elements. Buildings that are 100,000 square feet or
more in size must include a minimum of eight of the following architectural elements:
a. Canopies, awnings or porticos.
b. Overhangs.
C. Arches.
d. Arcades (a series of adjoining arches).
e. Peaked roof forms.
f. Outdoor patios.
g. Display windows.
h. Architectural work, such as tile work and moldings integrated into the
building facade.
i. Articulated ground floor levels or base.
j. Articulated cornice lines.
k. Integrated planters or wing walls that incorporate landscape and sitting
areas.
1. Offsets, reveals, or projecting ribs used to express architectural or
structural bays.
in. Accent materials (minimum 15 percent of exterior facade).
n. Varied roof heights.
o. A similar architectural feature may be presented for consideration
approved by the director.
Q. District area and height regulations.
No lot, parcel, premises or tract of land shall be created and no building permit shall be issued
for any request that does not meet the appropriate minimum lot area, width, depth, yard and
height regulations as set forth in the following tables.
2. See regulation matrix.
Exhibit "A." Page 29
REGULATION MATRIX - COMMERCIAL DISTRICTS
Refer to paragraphs in section 7-Q.3. for area and height exceptions.
Yards —Minimum Feet
Front
Rear
Side
Interior
Exterior
When
Lot
Height
Area
Lot
Lot
Abutting
When
When
When
Maximum
Landscape
.
Maximum
Zoning
Minimum
Width
Depth
Property
Abutting
Backing
Backing
Feet
Require-
Exception
p on
Lot
District
Square
Minimum
Minimum
in a
Property
Up to an
Up to an
(max. 4
ments
Notes
Coverage
Feet
Feet
Feet
Residential
in a
Abutting
Abutting
stories)
District or
Non -
Side
Rear
Garden
residential
Yard
Yard
Home
District
District
CSC
15,000
100
150
30
15
25
10
25
10
40
Yes
30%
NC
1 12,000
100
120
30
15 D
1 25
10
25
10
40
Yes
D, H
30% H
DD
15,000 E
0
0
0
O F
15
0
0
0
70
Yes
E, F, G
60%
OPD
10,000
100
100
30
15
25
10
25
10
40
Yes
H
30%
BP
10,000
100
100
30
25
25
25 J
25
25 J
40
Yes
J
40%
LI
15,000
100
100
30 A
25
25
10
25
10
40
Yes
1 50%
I
20,000
100
100
30 B
25 C
40 C
10
25 C
10 C
40
Yes
B, C
1 60%
Exhibit "A." Page 30
A. When LI district is across the street from a residential district, front yard shall be a
minimum of 40 feet.
B. When I district is across the street from a residential district, front yard setback shall be a
minimum of 50 feet.
C. When industrial district abuts side and/or rear residential district, setback shall be a
minimum of 90 feet.
D. When rear yard of an NC district abuts a residential district, rear yard setback shall be a
minimum of25 feet.
E. Lots within the downtown district (DD) in existence prior to the creation of the DD shall
be deemed as lawfully existing and shall be allowed to develop under DD regulations.
Further, tracts of any size in existence prior to the creation of the DD may be combined
into larger tracts and developed, even if the aggregate size is less than 15,000 square feet.
Further, no lot classified as within the DD zone may be subdivided to less than the
minimum size of 15,000 square feet.
F. When DD rear yard abuts a residential district (residential district or garden home district),
rear yard setback shall be a minimum of 15 feet.
G. Reserved.
H. In NC and OPD, building site coverage, consisting of al! buildings, structures and all paved
surfaces, shall not exceed 90 percent of the total lot area, per subsections G.5 and H.8 of
this section.
I. Reserved.
J. When side yard of a BP district abuts another BP district, side yard setback shall be a
minimum of 10 feet. In BP, no structure shall be located within 25 feet of an exterior BP
boundary. An exterior BP boundary is one that abuts a zone other than BP, per subsection
0.1 of this section.
K. Height maximum includes belfries, chimneys, cooling towers, elevator bulkheads, fire
towers, storage towers, monuments, ornamental towers and spires, stage towers and
scenery lofts, tanks and water towers.
L. Setbacks shall be measured from the edge of the street ROW. If streets or drives are private,
setbacks shall be measured from the edge of the drainage, utility, or access easement,
whichever is greater.
Exhibit "A," Page 31
REGULATION MATRIX —RESIDENTIAL DISTRICTS
Refer to paragraphs in section 7-Q.3. for area and height exceptions.
Lot
Height
Zero
Units
Area
Lot
Maximum
Lot
Maximum
per
Minimum
Width
Yards —Minimum Feet
Feet
Lines
Lot
Acre
Square
Y or N
Coverage
Feet1
Front
Rear
Side
Interior
Exterior
(Corner Lot)
Backing
Backing
Up to an
Up to an
Abutting
Abutting
Side
Rear
Yard
Yard
SFR Single -Family
2.7
11,600
90 A
25 B
25
1017
25 A
20 C
40
No
35%
Residential
SFR Single -Family
2.7
15,600
120 A
25 B
25
10
25 B
20 C
40
No
35%
Residential
SFR-E Single -Family—
0.5
87,120
150 A
75
25
25
35
35
40
No
20%
Residential Estate
MFR-L Multifamily —Low
6 G
7,260 G
45 G
25 B
25
10 E, I
25 B
20 C
40
No
50%
MFR-M Multifamily—
9
—
—
25 B
0
10 E, I
25 B
20 C
40
No
50%
Medium
MFR-H Multifamily—
12
—
—
25 B
0
10 E, I
25 B
20 C
40
No
50%
Highest
MHR Mobile Home
10
—
—
25 B
25
101
30
25
20
No
50%
A-1
—
—
25 B
25
101
25 B
20 C
40
No
10%
GHD Garden Home
6
6,000
60
20 B, H
20
0 D, E
5 B, H
4 C, H
40
Yes D
50%
District
Exhibit "A," Page 32
A. Lots of less than 120 feet wide require curbs. Lots 120 feet wide or greater may use open
ditches.
B. 35 feet on thoroughfares.
C. 25 feet on thoroughfares.
D. Zero -foot lot line on one side only.
E. Ten -foot minimum separation between buildings.
F. Lots currently in existence with less than 90 feet of width may continue with the same
existing setback provided they are not less than a minimum of five feet.
G. Developer must elect either units per acre or lot area. Two-family residential units on two
lots are required when lot area is elected. Example: a duplex requires two 45-foot-wide
lots.
H. Setbacks shall be measured from the edge of the street ROW. If streets or drives are private,
setbacks shall be measured from the edge of the drainage, utility, or access easement,
whichever is greater.
1. 25 feet when abutting land zoned single-family residential (SFR) district.
J. Reserved.
K. Parking is required in accordance with the parking group table in the design criteria manual.
Area and height exceptions.
a. Height maximum in community shopping center (CSC), neighborhood commercial (NC),
office park district (OPD), light industrial (L1), industrial (I), and business park (BP)
districts may exceed 40 feet in height, but in no event greater than 70 feet in height, when
the building setback from the nearest property line is equal to or greater than the building
height. Buildings or structures that exceed 40 feet in height shall have a minimum distance
to the nearest single family residential (SFR) zoning of at least two and a half (2.5) times
the overall building height. Distance shall be measured from the nearest point of the
building to the single family residential (SFR) property line.
b. Exceptions for community shopping center (CSC), neighborhood commercial (NC), office
park district (OPD), light industrial (LI), industrial (I), and business park (BP) districts:
1. On buildings or structures located in these districts, finials, crosses, and other
religious symbols shall not extend more than ten feet above the building or extend
more than ten feet above the allowable building height; and
2. Finials, crosses and other religious symbols shall not be accessible and shall not be
illuminated above the roofline.
C. Exceptions for the downtown district (DD):
On buildings or structures located in the downtown district (DD), finials, crosses and
other religious symbols shall not extend more than 18 feet above the building or
extend more than 18 feet above the allowable building height; and
2. Finials, crosses, and other religious symbols shall not be accessible and shall not be
illuminated above the roofline.
Exhibit "A." Page 33
d. Communications towers height criteria:
1. Height limitations of communication towers. The maximum communication tower
height, including antennae, lightning rods and accessories, in non-residential districts
shall not exceed 200 feet.
2. Height limitations for communication towers placed on existing buildings.
Communication towers and antennae, which are located on top of buildings or
structures shall not be more than 30 percent of the structure height above the structure.
3. This section applies to telecommunication towers, ham radio and television antennas,
microwave relay, radio and television transmission towers.
e. Buildings or structures located in a planned unit development (PUD): Buildings and
structures located in a planned unit development (PUD) shall be exempt from the height
limitations contained herein. Height limitations for buildings or structures located within a
PUD application will be as established in the ordinance authorizing and approving the
PUD.
£ Accessory buildings or structures in residential districts: Unattached accessory buildings
or structures less than 25 feet in height, as measured from the adjacent grade to the highest
point of any portion of such building or structure, may be located in required rear or side
yards within residential districts, provided they are set back not less than five feet from any
interior side lot line, 20 feet from any side lot line adjacent to a side street, and ten feet
from any rear lot line.
g. Interior side yards shall not be required for abutting properties in the same zoning district
if both properties are developed as a unit under a common development plan.
h. When individual attached townhouses or condominiums are to be sold separately, there
shall be no minimum lot area requirements, provided that the total land area of the project,
including the land on which the units are located and the land held in common ownership
by the unit owners, is equal to the total minimum land area required per dwelling unit or
lot in the district in which the project is located.
i. Minimum front yard setbacks for lots with predominant frontage on the curved radius of a
cul-de-sac shall be 15 feet.
j. Stairs in certain situations. In residential zoning districts that have minimum front yard
requirements, uncovered stairways associated with a residential use may project into the
required front yard but shall remain a minimum of ten feet from the front property line, i£
1. A building is being elevated or reconstructed on an existing foundation to meet or
exceed current city floodplain standards; and
2. The stairway projection into the required front yard is limited to the minimum area
required to meet elevation standards; and the stairway, at its widest point, shall not
exceed ten feet.
k. Elementary and secondary schools shall be exempt from the height limitations contained
herein. Height limitations for elementary and secondary schools will be established in the
ordinance authorizing and approving a specific use permit (SUP).
Section 7.5. Community overlay district.
General purpose and description. The community overlay district (COD) is intended to preserve and
enhance the physical characteristics of the city along its entryways and in the downtown area by
promoting the safety, welfare, convenience, and enjoyment of travel along these roads; providing for
Exhibit "A," Page 34
unified and orderly development; and promoting and aiding economic growth. The establishment of
a COD does not repeal the underlying zoning classification of property to which the COD applies.
The requirements of the COD are in addition to the requirements of the underlying zoning district,
with the exception of the downtown district. The COD does not apply to the DD. The DD is subject
to supplementary regulations and the DD geographic limitations as shown on the official zoning map.
The COD includes the following thoroughfares: FM 2351 from Friendswood City Limit to
Friendswood City Limit, FM 518 from the Friendswood City Limit to the Friendswood City Limit,
FM 528 from Friendswood City Limit to Friendswood City Limit, Friendswood Lakes Boulevard
(also known as Brittany Bay) from Friendswood City Limit to Friendswood City Limit, Bay Area
Boulevard, from Friendswood City Limit to FM 528.
2. Boundaries. The boundary of the COD shall be parallel to the thoroughfare right-of-way to include
nonresidential properties within 340 feet from the right-of-way. If any portion of such property is
within 300 feet, the entire tract is subject to the COD requirements.
a. Exception: The COD boundary shall be limited to a depth of 150 feet abutting FM 2351 from
Beamer Road to Clear Creek.
Screening. The following uses on the site shall be screened to a height sufficient to completely screen
the use from view at ground level. For the purposes of this subsection, the term "view at ground level"
shall mean the view from public walkways situated in the adjoining rights -of -way or from vehicular
traffic in the first two traffic lanes in the bordering streets of the COD.
a. All outside storage;
b. Industrial activities;
C. Off-street loading areas;
d. Refuse storage areas, dumpsters, and all related activities; See section 81;
e. Air conditioning, refrigeration, heating, and other mechanical and electrical equipment;
ff. Microwave and satellite antennas not otherwise preempted from regulation by applicable law or
regulation;
g. Detention ponds*; and
h. Garage bays fronting on the thoroughfares described in subsection 1 of this section.
An opaque screen composed of berms,* * walls, fences, vegetation, or a combination ofthese materials
between the property line and the development shall be used; however, in no case shall any of the
above -mentioned activities be closer to the street than the setback line.
*If detention ponds are part of the landscaping plan, screening would not be necessary. Ponds may be
located no closer than ten feet from abutting rights -of -way if the pond serves only the subject property.
**Berms used for any type of screening shall be limited to a height of three feet above finished grade
at the front property line (not including detention facilities), and shall be landscaped.
4. Utilities. All permanent utilities serving the property shall be located underground, at the owner's
expense.
Landscaping. The minimum landscaping requirements for areas within the COD shall be as follows:
a. All landscape buffers shall be provided with architectural and/or landscape materials to screen
structures, facilities, drive areas, parking areas, etc. Shrubs shall be a minimum height of two
feet when planted and shall be placed a maximum of two feet apart. Mature shrubs shall be
maintained in a live or living condition to form a continuous hedge with a maximum height of
three feet six inches.
Exhibit "A." Page 35
b. Nothing contained in this subsection 5 shall be deemed to reduce applicable landscaping
requirements contained in other sections of this Code, or any ordinance specifically applicable
to a development (e.g., specific use permit or planned unit development), but instead to enhance
the aesthetics along the city's major thoroughfares by requiring additional or higher percentages
of landscaping.
C. Parking lots within the COD containing 20 parking spaces or less shall have open landscaped
areas that are equal to not less than 15 percent of the parking area and drives in the parking area.
The required area may be used as islands or perimeter landscaping or in any combination. A
minimum of one Class 1 or Class 2 tree from the qualified tree list shall be planted and
maintained for each 250 square feet, or portion thereof landscaped open space area.
d. Parking lots within the COD containing greater than 20 parking spaces shall have open
landscaped areas equal to 20 percent of the parking area and drives in the parking area. Fifty
percent of the required landscaped area must be used as islands. Perimeter landscaping shall have
at least one such tree for each 30 (40 lineal feet if not located in the COD) lineal feet or fraction
thereof. Each island shall have one such tree planted and maintained thereon.
e. If a buffer strip is required (along public rights -of -way, or to separate uses per section 8.1), the
buffer shall be a minimum width of 15 feet, and shall contain not less than one tree, whether
existing or planted, for each 25 lineal feet or portion thereof. Each such tree shall have a caliper
of not less than two inches measured 18 inches above the natural ground level.
f. If, at any time, the required vegetation becomes diseased, deteriorated, or dies, the owner of the
premises must replace the vegetation within 90 days of written notice from the city.
g. The commission may approve an alternate equal or better landscape plan in the COD, after giving
due consideration to the intensity of the commercial use, the zoning classification and adjacent
land uses.
6. Architectural elements. Garage bays or other similar large openings designed for automotive or
industrial work, or designed for vehicles to drive into, shall not front a COD thoroughfare unless
screened with architectural or landscaping materials as outlined under subsection 3 of this section.
This prohibition shall not include drive-throughs such as are typically found at banks or fast-food
establishments. In the event that COD requirements overlap at intersections, architectural
requirements regarding garage bays shall apply only to the frontage on one street as designated on the
site plan.
a. Commercial.
(1) Commercial developments are encouraged to have exterior cladding of brick, masonry,
stone, stucco or glass on all sides of the building. Fiber cement boards/siding are
discouraged, except as trim for eves and overhangs, while all building products and
materials approved for use by a national model code published within the last three code
cycles are allowed by V.T.C.A., Government Code ch. 3000. These exterior facades, as
well as the roof, shall be limited to earth tone colors. Color samples shall be submitted and
approved as a part of the commercial site plan.
(2) The design of walls and other structures located on the same site, including those used to
screen outdoor storage areas, dumpsters, vehicles, etc., are encouraged to be constructed of
the same materials as the main building on the lot. Cyclone fences are prohibited, except
under limited circumstances, the commission may approve a vinyl coated cyclone fence.
b. Residential.
(1) Residential developments not facing a COD thoroughfare shall be required to install a
visual barrier to a minimum mature height of six feet as measured from the finished grade.
Exhibit "A," Page 36
The barrier shall be set back from the street right-of-way line by a minimum of ten feet.
Various materials may be utilized, including landscaped earth berms, provided the
materials are durable and require low maintenance. All barriers shall be maintained by the
owner of the property on which such barrier is located, or by a homeowners' association. If
a homeowners' association is to provide such maintenance, the obligations therefor shall be
set forth in writing and filed of record in the same manner that other restrictive covenants
are filed. Subdivision plats submitted for residential property along a COD corridor shall
include detailed information and visual representations of the proposed barrier, and such
other information as deemed necessary to establish compliance with this subsection.
(2) Trees shall be planted adjacent to the barrier, on the COD thoroughfare side, at intervals of
25 feet, with one-half having a minimum caliper of four inches and one-half having a
minimum caliper of two inches. Existing qualified trees may be counted toward fulfillment
of this requirement, provided that the size, species, and guaranteed duration shall meet the
criteria of the landscaping section of this appendix. (Clustering of trees shall be permitted,
provided, however, clustering shall not reduce the number of required trees, and trees shall
not be clustered so as to lessen the survival rate of other trees.)
Section 8. Supplementary district regulations.
A. Visibility at intersections in residential districts. On a corner lot in any residential district, hedges and
vegetation shall not be planted or allowed to grow in such a manner to materially impede vision
between a height of Ni feet and ten feet above the centerline grades of the intersecting streets in the
area bounded by the street lines on such corner lots and a line joining points along said street lines 25
feet from the point of the intersection.
H. Fences and walls. Except as provided below, fences and walls are permitted in or along the edge of
any required yard. However, no fence or wall shall be constructed on any exterior side yard so as to
constitute a hazardous visual obstruction to traffic in any direction, and the same must conform to
subsection A of this section. Additionally, fences and walls may only be constructed in front yards on
lots adjacent to FM 528, FM 2351, and FM 518 north of FM 2351 and south of FM 528 or on lots
greater than two acres, provided that no hazardous visual obstruction is created. On residential lots,
decorative, transparent fences may be constructed in front yards on lots greater than two acres or that
have a minimum lot width of 150 feet at the street. Chain -link and barbed wire fences are prohibited
in the front yards in residential districts. Additionally, all fences must be installed with the finished
side facing outward. Exception: any size lot may construct a fence when all adjoining lots facing the
same right-of-way or private street have existing compliant fences in the front yard.
C. Accessory buildings. Except as specifically permitted by this appendix, no accessory building shall be
erected in any required yard, and no separate accessory building shall be erected within five feet of
any other buildings.
D. Erection of more than one principal structure on a lot. In any district, more than one structure housing
a permitted or permissible principal use may be erected on a single lot, provided that yard, street
frontage, and other requirements of this appendix shall be met for each structure as though it were on
an individual lot.
E. Structures to have access. Every building hereafter erected shall be on a lot adjacent to a public street,
an approved private street, or provide written documentation for shared access agreements, and all
structures shall be so located on lots as to provide safe and convenient access for servicing, fire
protection, shared parking and/or off-street parking.
F. Off-street parking and loading regulations. It is the intent of this section to ensure that adequate off-
street parking and loading facilities are provided in connection with the construction, alteration,
remodeling or change of use of any building or land. Specific guidelines regarding required off-street
Exhibit "APage 37
parking spaces and parking lot geometry shall comply with the requirements of the current Design
Criteria Manual.
Parking Area design. All off-street parking areas, including shared parking areas, shall be
designed to provide safe and efficient parking and vehicular circulation. Parking layouts and
design shall comply with the standards contained in the Design Criteria Manual, including
requirements related to the number of parking spaces, parking space dimensions, aisle widths,
and circulation patterns.
2. Loading and unloading areas. The owner or occupant of any property upon which a business is
located shall provide loading and unloading areas of sufficient number and capacity to
accommodate all vehicles reasonably expected to simultaneously deliver or receive materials or
merchandise on the premises. Such areas shall be of adequate size to accommodate the types of
vehicles reasonably expected to utilize the facility.
Site plan requirements. Any person applying for a building permit for the construction,
alteration, or change of use of the land or of any building or structure shall submit a site plan
designating the number, dimensions and locations of all loading areas and all proposed avenues
of ingress and egress to the property from adjacent public thoroughfares. The proposed loading
and unloading facilities shall not create a direct or indirect hazard to vehicular or pedestrian
traffic.
G. Reserved.
H. Reserved.
I. Landscaping and screening requirements.
Purpose. The provisions of this subsection I for the installation and maintenance of landscaping
and screening are intended to protect the character and stability of residential, commercial,
institutional and industrial areas, to conserve the value of land and buildings of surrounding
properties and neighborhoods, and to enhance the aesthetic and visual image of the community.
In furtherance thereof, trees utilized to comply with the requirements of this subsection I shall
be of a type contained in the list of qualified trees approved from time to time by the city council
and contained in the city's design criteria manual ("Qualified Tree List").
2. Perimeter landscaping and screening.
a. Adjacent property, buffer maintenance and installation.
(1) When a commercial (CSC, NC, OP, DD, PUD, A-1) or industrial (LI, I, BP) use is
established on a lot or premises located adjacent to any residential zoning district, or
when any multiple -family dwelling use is established on a lot or premises adjacent to
any property located in a single-family residential zoning district, or when an
industrial use is established on a lot or premises adjacent to any property located in a
commercial zoning district, a ten -foot in width landscaped open space buffer strip
shall be installed and maintained by the owner, developer or operator of the multiple -
family dwelling, commercial or industrial property between it and the adjacent
protected property.
(2) In addition, an eight -foot -high opaque fence or wall shall be erected and maintained
along the common property line. Graduated fences may be allowed by the
commission, when the safety and general welfare of the public would be better
protected by such design. The fence or wall shall be constructed of wood, masonry,
or decorative concrete, or any combination thereof. Metal may be used only as a
concealed structural element. Alternatively, some types of vegetation may be allowed
for such screening, provided plantings are evergreen and dense enough to provide an
Exhibit "A," Page 38
opaque or substantially opaque screen. Any combination of fencing, earthen berms,
and vegetation may be used to comply with the eight -foot screening requirement.
(3) The director may determine the provisions of this subsection may not apply in the
following circumstances:
(a) The uses are separated by a driveway, easement, drainage ditch, canal, or
similar features determined to provide adequate buffering to those listed
herein which are a minimum width of 30 feet.
(b) A commercial use has been established by specific use permit on a
residentially zoned lot.
(4) When a residentially zoned property is rezoned to commercial and is adjacent to a
commercially zoned property, an existing fence may be removed, in whole or in part,
to allow the commercially zoned properties joint or shared access to parking and
driving areas. Documentation may be required detailing a joint use agreement
between or among property owners
(5) Conversely, when a single-family use is established on property adjacent to any
commercial, industrial, or multiple -family zoning district, an eight -foot high opaque
fence or wall shall be erected and maintained along the property line. The ten -foot
buffer strip shall not in this instance be required.
(b) The commission may consider alternate screening plans for uses interior to a common
development.
(7) The commission shall determine the required screening after giving due consideration
to the intensity of the commercial use, the zoning classification, and adjacent land
uses.
a- 1. Adjacent property, buffering streets. All land zoned commercial or industrial, as that term
is defined in this section, shall have a minimum ten -foot landscaped open space adjacent
to each public right-of-way located within the required yard.
b. Trees for buffer strips. If an open space buffer strip is required under the terms of this
subsection 1, not less than one tree, whether existing or planted, shall be maintained for
each 25 lineal feet or portion thereof of solid open space buffer strip.
b-1. Landscape trees. All required trees for landscaping shall be not less than eight feet in height
immediately upon planting and shall have a caliper of not less than two inches measured
18 inches above the natural ground level.
C. Of street parking landscaping.
(1) All areas, other than those located within the industrial district, that are used for
parking or display of vehicles, boats, construction equipment or production
equipment, shall conform to the minimum landscaping requirements of this
subsection 2.c. Areas that are of a drive-in nature, such as filling stations, grocery
stores, banks and restaurants also, shall conform to the minimum landscaping
requirements of this subsection 2.c.
(2) It is the intent of this subsection 2.c to promote the placement of trees along the
thoroughfares of the city, Therefore, at least 54 percent of the required trees shall be
located between the street and any buildings. No tree other than those species listed
as small trees (size 3) on the qualified tree list may be planted under or within ten
lateral feet of any overhead utility wire, or over or within five lateral feet of any
underground water line, sewer line, transmission line or other utility.
Exhibit "A." Page 39
(3) Parking lots shall be considered small if they contain spaces for 20 or less cars. Small
parking lots shall have "open" landscaped areas that are equal to not less than ten
percent of the parking area and drives in the parking area. The required area may be
used as islands or perimeter landscaping or in any combination. A minimum of one
Class 1 or Class 2 tree from the qualified tree list shall be planted and maintained for
each 250 square feet or portion thereof of landscaped open space area.
Parking lots with more than 20 parking spaces shall have open landscaped areas equal
to ten percent of the parking area and drives in the parking area. Fifty percent of the
required landscaped area shall be used as islands. Perimeter landscaping shall have at
least one such tree for each 40 lineal feet or fraction thereof. Each island shall have
one such tree planted and maintained thereon.
(4) All planted islands shall have curbs of sufficient height and width to contain the
planted island.
(5) Planted islands are to integrate groundcovers and small shrubs while minimizing the
use of medium to tall shrubs; and shall not obstruct visibility of pedestrians and
vehicles.
(6) Off-street parking areas that are adjacent to residentially zoned property shall have
opaque fences or walls, eight feet in height above ground level, which shall be erected
and maintained along the property line to provide visual screening.
(7) All trees required in this subsection 2.c shall have a caliper of not less than two inches,
measured 18 inches above the natural ground level.
(8) If paving around a tree is required on private property, use porous pavements such as
cast -in place, monolithic turf, and concrete combinations over specimen roots to
allow water and air exchange.
(9) All plants shall receive proper irrigation to encourage deep root growth and
survivability.
d. Existing plant material.
(1) Where healthy planting exists on a site, the director shall credit the property owner
for existing plants that are retained and used when calculating vegetation
requirements under this section. When healthy trees exist on a site, and when they are
equivalent in size and species to those required by this subsection, the director shall
credit the property owner for existing trees that are retained and used when calculating
requirements under this subsection.
(2) Existing landscape areas to be retained shall be protected from vehicular
encroachment and damage during and after the construction phase by appropriate
barriers. Parking or storing of vehicles, equipment, or materials is not allowed within
the protective root zone.
(3) Protective barricades are to be installed around all protected trees prior to any
construction activities on a development site. Barricades are to be installed a
minimum of ten -feet from a protected tree or at the designated protective root zone.
(4) Protective barricades may be removed only to prepare the development site for final
landscaping activities.
Exhibit "A," Page 40
e. Maintenance and care of trees.
(1) Maintenance period for trees. For any tree installed in fulfillment of the requirements
of this appendix, or any previously existing tree used in fulfillment of the
requirements of this appendix, it shall be the responsibility of the then property owner
to maintain such tree in a healthy condition. In the event of serious damage, disease
or death of the tree, or if the tree should otherwise fail to survive , the then property
owner shall, at his sole cost and expense, replace it with a tree that meets the
requirements of this appendix, within 120 days from the date of notification by the
city.
(2) Pruning of trees. It shall be unlawful for any person, firm or city department to top
any tree on public property. To top is hereby defined as the severe cutting back of
limbs to stubs larger than three inches in diameter within the tree's crown to such a
degree so as to remove the normal canopy and disfigure the tree. Trees severely
damaged by storms or other causes, or certain trees under utility wires or other
obstructions where other pruning practices are impractical may be exempted from the
requirements of this appendix at the determination of the director.
(3) Maintenance of trees over rights -of -way
(a) Any entity pruning trees located in public rights -of -way or in excavating
in rights -of -way or in easements shall be required to notify the city
building official and to prepare such plans or outline such programs as the
official deems necessary. The building official's permission must be
secured before such work may begin. A developer shall have the
responsibility to verify that such approval has been granted prior to the
installation of utilities within easements on the developer's property.
(b) Every owner of any tree overhanging any street or right-of-way within the
city shall prune the branches so that such branches shall not obstruct the
light from any street lamp or obstruct the view of any street intersection
and so that there shall be a clear space of eight feet above the surface of
the street or sidewalk. Said owners shall remove all dead, diseased or
dangerous trees, or broken or decayed limbs which constitute a menace to
the safety of the public. The city shall have the right, with 14 days advance
notice to the owner or agent, to prune any tree or shrub on private property
when it interferes with the proper spread of light along the street from a
street light or interferes with the visibility of any traffic control device or
sign.
(c) It is prohibited to cut trees or clear vegetation on public rights -of -way to
provide better view of off -premise signs.
(4) Removal of hazardous trees. The city shall have the right to cause the removal of any
dead or diseased trees on private property within the city, when such trees constitute
a hazard to life and property or harbor insects or disease which constitute a potential
threat to other trees within the city. The city will notify in writing the owners of such
trees. Removal shall be done by said owners at their own expense within 60 days after
the date of service of notice. In the event of failure of owners to comply with such
provisions, the city shall have the authority to remove such trees and charge the cost
of removal on the owners' property tax notice.
Exhibit "A " Page 41
f. Preserving trees; historical significance.
(1) Findings. The founders of the city chose to locate the community in its present
location because of the inspiring, tranquil beauty of the huge oaks which occupied
the creek banks and surrounding terrain. The name given the new town, Friendswood,
was chosen because of its apt description of the settler members of the Friends
Church, and the topographical character of the land, and the woods found in
abundance along the four creeks. Over the years, the huge oaks have intertwined to
create dense tree canopies throughout the city. The city council hereby finds and
determines that the preservation of the naturally wooded topography is of historical
significance to the city.
(2) Purpose. It is the intent of this subsection to encourage the preservation of existing
trees within the city, and the historical significance thereof, and to prohibit their
unwarranted destruction.
(3) Tree survey required.
(a) A tree survey shall be required for:
(i) All proposed development on land located in districts zoned as
neighborhood commercial (NC), community shopping center (CSC),
downtown district (DD), office park district (OPD), light industrial
(LI), industrial (I), agricultural (A-1), business park (BP), planned
unit development —mixed use (PUD-Mixed Use), or multifamily
residential, low density (MFR-L), multifamily residential, medium
density (MFR-M), and multifamily residential, high density (MFR-
H);
(ii) All proposed development on land for which a specific use permit is
required by sections 7.P and 9.13; and
(iii) For residential developments on land located in districts zoned as
single-family residential (SFR), planned unit development (PUD),
or residential -garden home district (GHD), provided, however, the
tree survey required by this subsection shall be required only for the
common areas located within those developments, such as
community parks, where residents of the developments would have
common access.
(b) The tree survey certified by a licensed surveyor, a certified arborist, or
registered landscape architect, that:
(i) Identifies:
The protected trees sought to be subjected to tree removal at the
site, according to location, type and size;
2. Location and total caliper inches of invasive species to be
removed, if seeking credit for elimination of invasive species;
Areas of construction or other activities to be performed within
the critical root zone of a protected tree, including site plans
documenting measures to be taken for protection of each
impacted critical root zone;
(ii) Includes tables summarizing the total caliper inches of protected
trees to be removed in size categories as follows:
Exhibit "A," Page 42
12-inch to 24-inch caliper;
2. Greater than 24-inch to 36-inch caliper; and
3. Greater than 36-inch caliper.
(iii) States the total number of caliper inches to be replaced, calculated
using the tree replacement calculation set forth below, and how
replacement will be achieved, whether by on -site replacement or off -
site replacement, or payment in lieu of replacement; and
(iv) Includes the proposed plan for tree replacement by location, type and
size, if applicable.
(c) If the property contains no trees fitting the description in subsection (b) of
this section, no tree survey shall be required if signed statement verifying
that no such trees exist is filed with the community development
department.
(d) The developer or owner of the property to be developed shall sign the tree
survey certifying that it is, to the best of their knowledge, true and correct.
(e) The tree survey shall be submitted to community development department
concurrently with or as a part of the site plan, development permit or plat.
The director shall review the data on -site for verification. The tree survey
shall be accepted by the director or the director shall provide a notice, in
writing, of its reasons for any action other than an acceptance thereof.
(4) Site plan to include trees.
(a) Every site plan submitted shall include all living trees identified on the tree
survey as required by subsection Iff(3) of this section. Each such tree
identified on the site plan shall bear a notation indicating the tree's status
as either "protected" or "to be removed." A tree identified as "protected"
indicates a tree that is not scheduled for removal during construction. A
tree identified as "to be removed" indicates a tree that is scheduled for
removal during construction. Each tree removed during construction shall
be mitigated as required in subsection 11(6) of this section.
(b) "Protected" Class 1 or Class 2 trees, 12 inches in diameter or greater,
measured at a point 4'/z feet above the natural ground level, shall be
counted, on a one -for -one basis, toward the minimum number of trees
required by this subsection 1.
(c) Trees identified with the notation "protected" shall also be physically
marked at the development site so as to be readily distinguishable from
trees that are identified on the site plan as "to be removed."
(d) The commission may consider alternate landscape plans to promote the
protection of existing Class 1 or Class 2 trees.
(5) Review and acceptance of site plan. Community development shall review the tree
survey portion of site plans to ensure compliance with the provisions of this
subsection.
(6) Mitigation and incentives.
(a) Mitigation shall be required for Class 1 and Class 2 trees with a caliper of
12 inches or greater, measured at a point 4'/a. feet above the natural ground
Exhibit "A," Page 43
level, that is removed from the development site. For each such tree
removed, mitigation shall be accomplished by planting Class 1 or Class 2
trees from the qualified tree list located in the city design criteria manual.
(b) New trees used for mitigation purposes shall be calculated in accordance
with Table XX, measured at a point 18 inches above the natural ground
level.
Table XX. Caliper Inch Replacement of a Protected Tree
Caliper Inches
Minimum
On -Site
Off -Site
of Protected
Caliper Per
Replacement
Replacement
Tree
Tree in Inches
12"-24"
100 percent
120 percent
4-inch
24.1"-36"
1 150 percent
1 170 percent
I 6-inch
Greater than 36"
1 200 percent
1 220 percent
I 8-inch
(c) The landscaping plan shall clearly indicate which trees are being planted
to replace trees identified as "to be removed" during development.
(d) Invasive tree species harm the native tree canopy; therefore incentives are
available for elimination of species shown to be invasive on the qualified
tree list. The city shall have the discretion to reduce tree replacement
requirements based on the removal of invasive trees on -site. Reduction of
caliper inch replacement, if granted, shall be calculated in accordance with
Table XY.
Table XY. Reduction of Caliper Inch Replacement for
Removal of Invasive Trees
Caliper Inches of Invasive Trees
Removed
Percent Reduction in Total
Caliper Inches
50" to 150"
5
percent
150.1" to 300"
10
percent
300.1" to 500"
15
percent
Greater than 500"
1 20
percent
(e) If, due to the nature of a proposed development and unique characteristics
of land, trees cannot be planted in a sufficient number to meet the
requirements hereof, a developer may elect to provide for a compensating
tree to be planted elsewhere within the city. Off -site replacement trees shall
be placed within the city limits on public property, private commercial
property, educational, or institutional property as approved by the city
planner and may be accomplished by donating a tree in kind, or by
payment in lieu at a rate as established in Appendix D, Schedule of Fees,
Rates, Charges, Deposits, Bond and Insurance Amounts. Off -site
replacement trees shall be planted by the applicant within the time periods
required for replacement trees.
(f) To encourage maintenance of the suburban wooded character of the
community, the city council may from time to time establish incentives to
Exhibit "A," Page 44
developments which retain more Class 1 or Class 2 category trees than is
required by this subsection.
(7) Tree protection. Property owners shall be required to ensure that each of the
replacement trees and trees identified as "protected" on the site plan survives. If a
replacement tree or a tree identified as "protected" fails to survive a minimum of five
years from the issuance of a certificate of occupancy at least, the property owner shall
replace such tree, at its sole cost and expense, within 120 days from the date of
notification by the city, with the same tree type, which has a minimum caliper as
prescribed in section 1.2.f.{b}(b) of this appendix.
g. One tree required for each lot developed for single-family residential use. Each lot
developed for single-family residential use shall have one of the qualified trees located in
the required front yard, before a certificate of occupancy may be issued. An exception may
be made by the director for substantially wooded lots, in instances where the director
determines there is not sufficient space in the front yard for proper growth, or where the
planting of the tree would constitute a hazard to persons or property.
h. Exception for lots used for single-family residential dwelling purposes. Notwithstanding
any other provision of this subsection I to the contrary, nothing contained herein shall be
deemed to prohibit the owner or occupant of a single-family residential dwelling from
trimming, pruning, or removing any tree located on a lot owned or occupied by such person
as a private residence, provided that at least one tree is retained in the front yard, per section
8.I.g.
Performance standards.
1. Compliance required. Except as otherwise provided herein, no land, building or structure in any
district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious,
or otherwise objectionable fire, explosive, or other hazard; noise or vibration; smoke, dust, or
other form of air pollution; heat, cold, dampness, electrical or other substance, condition or
dangerous element in such a manner or in such amount as to adversely affect the surrounding
area or adjoining premises. Permitted uses as set forth in this appendix shall be undertaken and
maintained only if they conform to the regulations of the section.
2. Performance standard regulations. The following standards shall apply in the various zoning
districts as indicated:
a. Exterior noise. Noise standards shall apply to all property owners within the city and shall
be in accordance with chapter 54, Offenses and Miscellaneous Provisions, article: IV,
Noise, of the Code of Ordinances.
b. vibration. No vibration from any use within any zoning district shall be permitted which
is perceptible without instruments at any residential property line within any residential
zoning district.
c. Lighting and glare.
(i) Prohibited. It shall be unlawful for any person to cause or permit to be energized on
property under his possession or control any lighting, including, but not limited to,
spotlights, floodlights or similar illuminating devices which project a glare or
brightness, in excess of the standards described below, directly or indirectly upon any
lot, tract, or parcel of land, other than that upon which such lighting is situated, which
shall annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of
others, within the limits of the city.
Exhibit Page 45
(ii) Permitted. All lighting in the city consisting of spotlights, floodlights, or similar
illuminating devices shall be installed, hooded, regulated and maintained by the
owner or person in control thereof in such a manner that the direct beam of any such
light shall be oriented so that it will not glare upon any lot, tract, or parcel of land
other than that upon which it is situated and so that it will not cause or permit any
illumination from direct or indirect lighting in, on, or over the ground at or beyond
the boundary of the lot, parcel, or tract above the following levels:
1. One footcandle where the adjacent development is zoned for
nonresidential uses.
2. Twenty-five hundredths (0.25) footcandle where the adjacent development
is zoned for residential uses.
(iii) Shielding required. All exterior light sources visible to pedestrian or vehicular off -
premises traffic are required to be shielded, except as provided below, so that the light
source is not visible to said pedestrian or vehicular traffic. Lights elevated on
standards, for example in parking areas, shall be side -shielded on pedestrian or off -
premises vehicular travel sides. Lighting mounted on low standards (such as bollard
lights) is the preferred method for illuminating smaller parking areas and walkways.
(iv) Exceptions.
(1) Unshielded lighting facing pedestrian or off -premises vehicular sides of
the property shall be permitted, provided the light source is not in excess
of 1,700 lumens.
(2) Historical -style or architectural lighting visible to pedestrian or vehicular
off -premises traffic shall be permitted, provided that the fixture or fixtures
does not cause or permit any illumination in, on, or over the ground at or
beyond the boundary of the lot, parcel, or tract above the following levels:
a. One footcandle where the adjacent development is zoned for
nonresidential uses.
b. Twenty-five hundredths (0.25) footcandle where the adjacent
development is zoned for residential uses.
(3) Common developments. The maximum footcandle allowed at an interior
lot line shall not exceed five footcandles. Each phase of development must
comply with lighting requirements applicable to exterior lot lines.
d. Particulate air contaminants. No emissions, dust, fumes, vapors, gases, or other forms of
air pollution shall be permitted in violation of the rules and regulations of the state air
control board and the environmental protection agency.
Exceptions from performance standards. The owner or operator of any building, structure,
operation or use which violates any performance standard may file an application for a variance
from the provisions thereof wherein the applicant shall set forth all actions taken to comply with
said provisions and the reasons why immediate compliance cannot be achieved. The board of
adjustment may grant exceptions with respect to time of compliance, subject to such terms,
conditions and requirements as it may deem reasonable to achieve maximum feasible
compliance with the provisions of this section. In its determinations, the board of adjustment
shall consider the following:
a. The magnitude of the nuisance caused by the violation.
Exhibit "A," Page 46
b. The uses of property within the area of impingement by the violation.
C. The time factors related to study, design, financing and construction of remedial work.
d. The economic factors relating to age and useful life of the equipment.
e. The general public interest, welfare and safety.
K. Sign regulations. The sign regulations are printed in Appendix A to this Code.
L, Screening far dumpsters and recycling storage containers.
1. Dumpsters and recycling collection areas.
a. Dumpsters and recycling collection areas shall be located to minimize their visibility from
public streets.
b. Dumpsters and recycling receptacles shall be screened to a height sufficient to screen the
refuse from public view.
C. Dumpsters and recycling collection enclosures shall contain permanent walls on three sides
with the service opening not directly abutting a public sidewalk. The fourth side shall
incorporate enclosure doors.
d. The opening for removal of the dumpster or recycling receptacle for collection is a
minimum of 12 feet to allow for proper access when it is serviced. For every dumpster
added, an additional ten feet in width is required.
M. Commercial activities and temporary uses.
1. Commercial activities.
a. Permanent structure required. Except as herein provided, every business within the city
must be operated out of a permanent, stationary, site -built building.
b. Temporary construction structures. Temporary buildings and building material storage
areas to be used for construction purposes may be permitted for a specific period of time
in accordance with a permit issued by the building official for a period not exceeding the
period of construction. Upon completion or abandonment of construction, such field offices
and buildings shall be removed at the owner's expense.
(1) Temporary construction structures may be placed on sites that have been legally
platted; or
(2) Temporary construction structures may be placed on undeveloped sites upon city
approval of infrastructure plans.
C. Temporary sales structures. Temporary buildings for temporary sales offices, and
temporary off-street parking areas, may be permitted in conjunction with new home sales.
Such uses shall be located on a platted lot. Such structures and parking areas shall be
removed when the subdivision is sold out. One temporary sales office is permitted per
builder in a subdivision.
d. Businesses creating nuisance. Any business operating within a temporary structure as
authorized above that constitutes a public nuisance to the surrounding neighbors or
endangers public health, safety or welfare shall be cited for nuisance violations under this
Code and shall be required to cease operations as directed by the building official, or other
designee.
C. Portable buildings or structures. Portable buildings or structures, including, but not limited
to, cargo boxes or tractor -trailers, are not permitted for use as commercial or business
Exhibit_"A "" Page 47
operations, provided, however, that such may be used as accessory structures for storage
for a main business. The number and location of such structures are subject to a site plan
review and approval by the director. Mobile homes or RVs are not permitted to be used as
accessory buildings.
£ Restroom facilities. Every business within the city must provide permanent restroom
facilities on -site available for use by the customers of that particular business. These
facilities may be located within the same building as the business or may be provided in an
adjacent business with evidence of a perpetual agreement for such with the owner of the
adjacent business. Restroom facilities shall be in compliance with all applicable state,
county and city building and health code provisions, including restroom facilities for
handicapped individuals, for the size and type of business to be conducted at that location.
2. Temporary outdoor uses.
a. For the purpose of this section, a "temporary outdoor use" is defined as the display of any
merchandise, service, product, or good outside of a permanent structure for the purpose of
sale, whether immediately or by accepting orders and irrespective of where payment is
made. Such use may take place in required parking areas, invite outside vendors to the
property, and/or utilize off -site parking.
(1) 30-day permit. A 30-day permit may be issued for the temporary sale of holiday
merchandise, such as pumpkins, flowers, and Christmas trees.
(a) Number of permits. There shall not be more than three permits issued per
lot within a calendar year, nor shall permits be allowed to run
consecutively during two, 12-month periods.
(b) Hours of operation. A permit for the temporary sale of holiday
merchandise shall be for a period not to exceed 30 consecutive calendar
days. The temporary outdoor use shall be allowed to conduct business no
earlier than 9:00 a.m. and must close activities at official sundown, unless
the applicant shows adequate lighting on the site plan. All outdoor
activities must close by 10:00 p.m. The permittee must remove all items,
tents and materials used for the conduct of the outdoor sales from the
location not later than 5:00 p.m. on the day after the final date of the permit.
However, any such permit issued for an activity commencing on Friday,
Saturday or Sunday immediately preceding Thanksgiving shall be
effective from that date until 12:00 midnight, December 25 that year, and
all materials shall be removed by 5:00 p.m., December 26.
(c) Mobile food and beverage units. Food trucks, concession trailers, or
similar vehicles selling food or drink items are prohibited.
(2) Four -day permit. A four -day permit maybe issued for short-term temporary uses that
include, but are not limited to, art and craft shows, festivals, fairs, grand openings,
and church bazaars.
(a) Number ofpermits. There shall not be more than six permits issued per lot,
within a calendar year, nor shall permits be allowed to run consecutively
during two, 12- month periods.
(b) Hours of operation. A permit for a short-term temporary use shall be for a
period not to exceed four consecutive calendar days. The commercial or
business activity shall be allowed to conduct business no earlier than 9:00
a.m. and must close activities at official sundown, unless the applicant
Exhibit "A," Page 48
shows adequate lighting on the site plan. All outdoor activities must close
by 10:00 p.m. The permittee must remove all items, tents and materials
used for the conduct of the special event from the location not later than
5:00 p.m. on the day after the final date of the permit.
(e) Mobile food and beverage units. Food trucks, concession trailers, or
similar vehicles selling food or drink items may be permitted provided they
possess a permit issued by Galveston County Health District and/or Texas
Alcohol and Beverage Commission, whichever is applicable.
b. Permit required. No person shall conduct temporary outdoor uses either in the open or
under a tent or other temporary cover within the city limits without first obtaining a permit
under this section. A copy of the permit shall be conspicuously posted at or upon the
entrance to the outdoor sales activity at all hours during the approved dates of the activity.
c. Application for permit. Applications must be submitted a minimum of 30 days before the
start date of the temporary outdoor use. Complete applications will be granted or denied a
minimum of seven business days before the start of the temporary outdoor use to allow the
applicant adequate time to promote the temporary use. A complete application shall
include:
(1) Name and contact information of the person conducting the activity,
(2) Proposed location,
(3) Name and contact information of the property owner where the use will take place,
(4) Description of the intended activity,
(5) Proposed dates for the temporary use,
(b) Number of anticipated attendees,
(7) Proof of insurance for the activity, in a minimum amount of coverage as determined
by the city council or required by law,
(8) Site plan showing the location of all activities that will take place on the property
including tents, temporary structures, food trucks (for 4-day permits), restrooms,
parking, trash receptacles, and any other pertinent information,
(9) Lighting plan, if required by section 2.a.(1)b. or 2.a.(2).b.,
(10) Fire related items required by the International Fire Code,
(11) Written authorization for the use of offsite parking, if applicable,
(12) A copy of the activity's sales tax certificate,
Depending on the number of attendees, number of businesses involved, or nature of
the temporary use, the city may require the following,
(13) Security agreement with peace officers,
(14) Traffic control plan,
(15) ]anitoriallclean-up service agreement and/or plan, or
(16) Health permits or state alcoholic beverage commission permits.
The appropriate city department may waive one or more of the above items it deems
unnecessary. due to the nature of the temporary use and the adequacy of existing
infrastructure servicing the location.
Exhibit "A." Page 49
d. Fee. The community development department shall charge and collect a fee before issuance
of a permit as determined in Appendix D. If the activity ceases, closes, or is terminated for
any reason prior to the expiration of the permit, there shall be no refund of the above fee.
The conducting of a temporary use by a governmental entity, public utility, or tax-exempt
not -for -profit organization formed for education, philanthropic, scientific or religious
purposes, where any proceeds and profits are designed to be contributed to such entity
conducting the activity, or where the activity occurs on property owned by a governmental
entity may be exempt from the permit fee.
e. Rescheduling. Permitted temporary outdoor uses may be rescheduled one time due to
inclement weather or other reasonable reason.
f. Compliance required. Temporary outdoor uses will be allowed for commercial or business
purposes only at locations which are properly zoned for the nature of commercial or
business activity to be conducted at that location. Further, all temporary outdoor uses must
comply with the setback requirements, parking requirements, noise ordinance, and other
standards in city ordinances. All tents or other coverings and materials used for commercial
and business purposes must otherwise comply with all applicable fire, safety and other
codes in effect during the dates of the permitted activity.
g. Operating without a permit; false information. Any person or entity conducting a
temporary outdoor use for commercial or business purposes without complying with this
section, or who gives false, misleading or incomplete information on an application, shall
within one day of notice of violation obtain the required permit for a fee in an amount
which shall be triple the normal fee, or immediately cease and desist from all activity
covered by this article, and remove the temporary use from the premises before midnight
of that day.
h. Existing outdoor sales. Any person conducting outdoor sales as defined above, on the
effective date of the ordinance from which this appendix is derived, must either apply for
and receive a permit, or cease the use and remove the activity no later than 5:00 p.m. on
the seventh calendar day after the effective date of the ordinance from which this section
is derived.
i. Determination of number ofpermits. Permits issued the same calendar year of the effective
date of this ordinance shall be subject to the limitations on the number of allowable permits
for the calendar year.
3. Farmers' markets. For the purposes of this section, "farmers' markets" are defined as an
organized entity/operation, certified by the state department of agriculture, that allows a group
of food growers/manufacturers to market and sell their farm produce and products in a specific
location. The products would include herbs and spices in their natural or dried state, vegetables,
fruits, nuts, berries, grains, honey, watermelons and other melons, and cantaloupes in their
natural state as well as farm produce, shelled peas or legumes, yard eggs and packaged foods
processed or manufactured by a vendor in a licensed food establishment and packaged and
labeled according to law.
a. No resale or craft items are allowed to be sold at farmers' markets.
b. In addition to the application and supporting documents listed in subsection 2.(c) of this
section, the applicant must also provide an issued and approved county health district
farmers' market and vendor permits.
C. Hours of operation. Farmers markets may be permitted for one weekend a month (Saturday
and Sunday only) for up to six months, from 8:00 a.m. to 6:00 p.m. At the closure of the
Exhibit "A," Page 50
market on Sunday, all market items must be removed from the site, including display tables,
tents, equipment, etc.
d. Food trucks, concession trailers, or similar vehicles selling food or drinks may be allowed
during the operation hours of a fanners' market.
4. Exemptions.
a. Outdoor displays of merchandise. Outdoor displays of merchandise by retail businesses
shall be allowed if the display involves items for sale by a commercial retailer located
within a permanent structure on the same parcel. Such displays may not cover more than
one-half of the width of the pedestrian walkway between the storefront and the curb, nor
impede the minimum egress width required by code, whichever is greater.
b. Suspension in the event of disaster or loss. In the event of a natural disaster (e.g., flood,
hurricane), or other catastrophic loss (e.g., fire), the city council may suspend the
application of this appendix for such period of time as may be determined to be necessary
for reconstruction of permanent structures.
C. Temporary uses. The conducting of temporary uses by the city shall be exempt from the
provisions of this section.
5. Signs. Signage shall comply with City of Friendswood Code of Ordinances, Appendix A.
N. Downtown District supplemental requirements. These supplemental requirements shall apply only to
new developments within the Downtown District or where a structure in the district has lost its
nonconformity. A new development shall be defined as any new project built on a raw or otherwise
vacant tract or tracts of land, not associated with an existing structure. A structure shall be deemed to
have lost its nonconformity as determined by Zoning Ordinance Section 6.
1. Geographic limits. The geographic limits of the Downtown District are as shown on the
Downtown District map (Figure 1). All properties within these geographic limits may rezone to
Downtown District (DD). Those properties outside the geographic limits may not rezone to
Downtown District (DD).
Exhibit "A." Page 51
O
O
QG
Downtown District Map l
Figure 1 €iv
Amended 2019 s
2. General purpose and description. The downtown district (DD) is intended to create a mixed use
environment based on traditional neighborhood and smart growth standards. It is designed for
physical flexibility with zero setbacks and allows for the redevelopment of small, existing tracts.
The encouragement of a pedestrian friendly environment is established by allowing shared
parking and on -street parking, as well as sidewalks and street furnishing.
3. Parking. To promote pedestrian friendly environments, shared parking and shared parking
access is encouraged. Parking spaces and parking lot geometrics shall comply with the
requirements of the current Design Criteria Manual.
a. Off -site parking shall be allowed if within one block of the development. For purposes of
this subsection, one block shall constitute no less than 300 linear feet and no more than
1,200 linear feet.
b. Shared parking areas shall be allowed.
C. Shared access agreements shall be required between adjacent developments.
Exhibit "A," Page 52
d. On street, head -in parking may be allowed in the Downtown District (DD) with the
approval of the director, upon recommendation of the city engineer, in areas at least 75 feet
from FM 518 and/or FM 2351. No on -street parking shall be allowed on FM 518 or on FM
2351 within the DD.
e. Development plans shall indicate how freight and goods will be delivered.
f. Development plans shall show the design and layout for all parking. Documentation shall
be provided to verify authority for all shared or off -site parking.
g. All such required documentation shall be presented before a development plan is approved.
h. Parking lots shall be considered small if they contain spaces for 20 or less cars. Small
parking lots shall have "open" landscaped areas that are equal to not less than ten percent
of the parking area and drives in the parking area, The required area may be used as islands
or perimeter landscaping or in any combination. A minimum of one Class 1 or Class 2 tree
from the qualified tree list shall be planted and maintained for each 250 square feet or
portion thereof of landscaped open space area.
Parking lots with more than 20 parking spaces shall have open landscaped areas equal to
ten percent of the parking area and drives in the parking area. Fifty percent of the required
landscaped area shall be used as islands. Perimeter landscaping shall have at least one such
tree for each 40 lineal feet or fraction thereof. Each island shall have one such tree planted
and maintained thereon.
i. All planted islands shall have curbs of sufficient height and width to contain the planted
island.
j. Planted islands are to integrate groundcovers and small shrubs while minimizing the use of
medium to tall shrubs; and shall not obstruct visibility of pedestrians and vehicles.
k. Off-street parking areas that are adjacent to residentially zoned property shall have opaque
fences or walls, eight feet in height above ground level, which shall be erected and
maintained along the property line to provide visual screening.
1. All trees required in subsection 8.I.2.c(2) shall have a caliper of not less than two inches,
measured 18 inches above the natural ground level.
in. If paving around a tree is required on private property, use porous pavements such as cast -
in place, monolithic turf, and concrete combinations over specimen roots to allow water
and air exchange.
n. All plants shall receive proper irrigation to encourage deep root growth and survivability.
4. Architectural standards.
a. Buildings in the DD are encouraged to have exterior cladding of brick, masonry, stone,
stucco, glass, or lap sided cement fiberboard. Sheet cement fiberboards are discouraged,
except as trim for eves and overhangs, while all building products and materials approved
for use by a national model code published within the last three code cycles are allowed by
V.T.C.A., Government Code ch. 3000.
b. Exterior facades, including the roof, shall he limited to earth tone colors. Color samples
shall be submitted as part of the commercial site plan. Earth tone colors depict the colors
in nature; they include flat and muted shades of brown, green, blue, orange, and some reds
and tans.
C. Fenestration shall mean the openings in a wall, such as doors and windows, to include faux
windows whether transparent or not. Such windows may be inoperative but must be framed
Exhibit "A." Page 53
as a window and otherwise appear to be a window. Painted openings would not be counted
in fenestration calculations. Fenestration along front or other facades visible to the public
are encouraged to be as follows:
(1) Walls visible to the public shall have windows and or doors (i.e., no blank walls
allowed).
(2) Not less than 40 percent fenestration shall be provided for all ground floor primary
facades (front or side) that face a public right-of-way.
(3) Not less than 25 percent fenestration shall be provided for all upper floor facades.
d. Reserved.
e. Fenestration calculations. Preferred fenestration minimum:
(1) Area of ground floor primary wall facing ROW x 40 percent = minimum fenestration.
(2) Area of upper floor x 25 percent = minimum fenestration.
f. Garage bays or other similar large openings designed for automotive or industrial work, or
designed for vehicles to drive into, shall not front FM 518 or FM 2351 within the
Downtown District boundary. This prohibition shall not include drive-thrus such as are
typically found at banks or fast-food establishments. In the event that this requirement
overlaps at an intersection, the architectural requirement regarding garage bays shall apply
only to the frontage on one street as designated on the site plan.
Screening.
a. Mechanical equipment, such as roof top equipment, compressors, refrigeration units and
trash enclosures, outside storage, and other nonpublic service areas that are visible from a
public area, shall be screened to a height sufficient to completely screen the use from view
at ground level. The term 'view at ground level" shall mean the view from public walkways
situated in the adjoining rights -of -way or from vehicular traffic in the first two traffic lanes
in the bordering street or streets.
b. The design of walls and other structures located on the same site, including those used to
screen outdoor storage areas, dumpsters, vehicles, etc. are encouraged to be constructed of
the same materials as the building on the lot. Cyclone fences are prohibited.
C. See Section 8.L. for additional dumpster screening requirements.
6. Sidewalks.
a. Each development along FM 2351 and FM 518 shall provide a minimum 15-foot-wide
parkway adjacent to the street right-of-way. The 15-foot parkway must contain an
unobstructed brick -paved sidewalk, as described in Appendix E of the Design Criteria
Manual, at least eight feet wide and a seven -foot wide landscape area.
b. Each development along all other streets within the downtown district shall provide a
concrete sidewalk built in accordance with city standard specifications and shall be a
minimum of six feet in width. Concrete sidewalks shall be built within the street right-of-
way and adjacent to the right-of-way lines.
C. If sidewalks cannot be placed wholly within the right-of-way and must be placed on private
property, easements of the appropriate width shall be required.
Exhibit "A," Page 54
7. Parkways and landscaping.
a. The 15-foot parkway required along FM 2351 and FM 518, which runs parallel and adjacent to
each street's back of curb, includes a seven -foot landscape area. This area shall be reserved for
amenities, such as street furniture, lighting and landscaping, and may include grass, brick pavers
or other decorative material as approved by the commission.
(1) Trees shall be provided every 25 linear feet. Trees used in the 15-foot parkway shall
be Class 2 or Class 3 trees from the city's qualified tree list, and other landscaping
material such as bushes and/or groundcover may be used. The tree and landscaping
material shall be maintained in living condition. One-half of the trees shall have a
minimum caliper of four inches and one-half shall have a minimum caliper of two
inches. Existing qualified trees may be counted toward fulfillment of this requirement
provided that the size, species, and guaranteed duration shall meet the criteria of the
landscaping section of this appendix. (Clustering of trees shall be permitted; provided,
however, clustering shall not reduce the number of required trees, and trees shall not
be clustered so as to lessen the survival rate of other trees.)
(2) Amenities shall be provided in accordance with the design criteria manual, Exhibit E,
Downtown District Amenities. A minimum of two lights and two benches are
required within the 15-foot parkway of each development. All provided amenities
shall be permanently maintained by the property owner, including the brick -paved
sidewalks.
b. Developments along all other streets within the downtown district shall have a minimum
ten -foot landscaped buffer located on private property and not less than one tree, whether
existing or planted, shall be planted and maintained for each 25 lineal feet or portion
thereof. Each such tree shall be not less than eight feet in height immediately upon planting
and shall have a caliper of not less than two inches measured 18 inches above the natural
ground level.
C. Alternate sidewalk, landscape and amenity designs specific to the site or the function of the
development within the downtown district may be considered by the commission if it
determines that the proposed alternative sidewalk is not narrower than six feet and provides,
respectively:
(i) Equal or better pedestrian access to and along the development property;
(ii) Equal or enhanced landscape beautification for the development; or
(iii) Equal or better design amenities than otherwise required herein.
d. See Section 8.1. for additional information on maintenance and preservation of trees.
8. Adjacent property, buffer maintenance and installation.
a. When a commercial use is established on a lot or premises located adjacent to any
residential zoning district, a ten -foot in width landscaped open space buffer strip shall be
installed and maintained by the owner, developer or operator of the commercial property
between it and the adjacent protected property.
b. In addition, an eight -foot -high opaque fence or wail shall be erected and maintained along
the common property line. Graduated fences may be allowed by the commission, when the
safety and general welfare of the public would be better protected by such design. The
fence or wall shall be constructed of wood, masonry, or decorative concrete, or any
combination thereof. Metal may be used only as a concealed structural element.
Alternatively, some types of vegetation may be allowed for such screening, provided
Exhibit Page 55
plantings are evergreen and dense enough to provide an opaque or substantially opaque
screen. Any combination of fencing, earthen berms, and vegetation may be used to comply
with the eight -foot screening requirement, with commission approval.
C. The provisions of this subsection may not apply where the uses are separated by a driveway,
easement, drainage ditch, canal, or similar features determined to provide adequate
buffering to those listed herein which are a minimum width of 30 feet. The director shall
determine the required screening after giving due consideration to the intensity of the
commercial use, the zoning classification, and adjacent land uses. When a residentially
zoned property is rezoned to commercial and is adjacent to a commercially zoned property,
an existing fence maybe removed, in whole or in part, to allow the commercially zoned
properties joint or shared access to parking and driving areas. Documentation may be
required detailing a joint use agreement between or among property owners.
d. Conversely, when a single-family use is established on property adjacent to any
commercial, industrial or multiple -family zoning district, an eight -foot high opaque fence
or wall shall be erected and maintained along the property line. The ten -foot buffer strip
shall not in this instance be required.
9. Utilities. All permanent utilities serving the property shall be located underground, at the owner's
expense.
Section 9. Site plans and Specific Use Permits.
A. Site plan process.
1. Purpose. The purpose of the site plan is to ensure compliance with this appendix and to assist in
the orderly and harmonious development of the city, to protect and enhance the general welfare,
and to help prevent the impairment or depreciation of land values and development by the
erection of structures, additions or alterations thereto without proper attention to site planning
and preserving the intent of this appendix.
2. Site plans required. Site plans shall be required for:
a. All proposed development on land zoned neighborhood commercial (NC), community
shopping center (CSC), downtown district (DD), office park development (OPD), light
industrial (LI), industrial (I), agricultural (A-1), or business park (BP) or multiple -family
residential low -density (MFR-L), multiple -family residential medium -density (MFR-M),
and multiple -family residential high -density (MFR-H);
b. Where a specific use permit is required by subsection 7.P, permitted use table, and this
subsection B; or
C. A planned unit development (PUD), in accordance with the procedures set forth in section
7.J.
Content. The application shall be accompanied by plans that include the following.
a. Site plan.
Data describing all processes and activities involved with the proposed use;
2. Boundaries of the area covered by the site plan, identifying the zoning of the subject
property and the adjacent properties;
The location of each existing and proposed building and structure in the area covered
by the site plan and the number of stories, height, roofline, gross floor area and
location of building entrances and exits;
Exhibit "A," Page 56
4. The location of existing drainageways, and significant natural features;
5. The location and dimensions of all curb cuts, public and private streets, parking and
loading areas, pedestrian walks, lighting facilities, outside trash storage facilities; and
b. The location, height and size of all proposed signs.
b. Landscape plan.
1. Proposed landscaping and screening buffers; and
2. The location, height and type of each wall, fence, and all other types of screening.
Photometric plan. The plan shall show lighting calculations in footcandles along the
property line.
d. Building elevations.
Identifying building facade materials;
2. Overall building height;
Colored elevations, if applicable; and
4. Building fenestration calculations, if applicable.
C. Tree survey and mitigation plan.
f. Utility and drainage plans. Verification of all information contained in the site plan shall
be required to be certified by an engineer and/or surveyor, as applicable, as a condition for
the granting of any site plan approval.
4. Staff review. Prior to submission of a site plan, an applicant shall schedule a development
meeting with staff on an informal basis to receive comments and advice on the procedures,
specifications and standards required by the city.
5. AdrninLarativeApproval. The director is authorized to review and approve site plans that comply
with all applicable requirements of this Code, including but not limited to zoning, subdivision,
engineering and development standards. Site plans eligible for administrative approval shall be
reviewed and considered within thirty (30) days of a complete application.
5. Commission action. Any site plan that involves special consideration as defined by the Zoning
Ordinance shall be presented to the commission for review and approval. Site plans requiring
commission review shall be scheduled for consideration and a decision will be made within 30
days of being placed on an agenda.
Special considerations include, but are not limited to:
a. Requests for alternative compliance provisions;
b. Developments requiring interpretation of zoning standards; or
c. Any other circumstance identified in this Code requiring commission review.
7. Determination of Review Authority. The director shall determine whether a proposed site plan
qualifies for administrative approval or must be referred to the commission.
8. Denied site plans. Any corrections, changes, or conditions required to ensure the plan complies
with all existing ordinances that are imposed shall be provided to the applicant, in writing, and
shall become a part of the approved site plan which, if not met, may be cause for enforcement
action or invalidation of the site plan.
Exhibit "A." Page 57
9. Expiration. Approval will expire one year after the approval of the site plans. Upon expiration
of that time, the applicant must resubmit a site plan that conforms to current ordinances,
provided, however, the applicant may request an extension in writing, which may be granted by
the commission, for a period not to exceed a total of six months.
10. Enforcement. Following the approval of a site plan, the director shall inspect the development to
ensure that it is in full compliance with the approved site plan.
B. Specific use permits.
Purpose. This section provides the city council the opportunity to deny or to conditionally
approve those uses for which specific use permits are required. These uses generally have
unusual nuisance characteristics or are of a public or semipublic character often essential or
desirable for the general convenience and welfare of the community. Because, however, of the
nature of the use, the importance of the use's relationship to the comprehensive plan, or possible
adverse impact on neighboring properties of the use, review, evaluation, and exercise of planning
judgment relative to the location and site plan of the proposed use are required.
2. Permit required. A building permit or certificate of occupancy shall not be issued for any use to
be located in a zoning district which permits that use only as a specific use unless a specific use
permit has first been issued in accordance with the provisions of this section.
Application procedure. An application for a specific use permit shall be filed with the community
development department. The application shall be accompanied by plans that will become a part
of the specific use permit, if approved. The accompanying plans shall include the following:
a. Site plan.
Data describing all processes and activities involved with the proposed use;
2. Boundaries of the area covered by the site plan, identifying the zoning of the subject
property and the adjacent properties;
The location of each existing and proposed building and structure in the area covered
by the site plan and the number of stories, height, roofline, gross floor area and
location of building entrances and exits;
4. The location of existing drainageways, and significant natural features;
The location and dimensions of all curb cuts, public and private streets, parking and
loading areas, pedestrian walks, lighting facilities, outside trash storage facilities; and
6. The location, height and size of all proposed signs.
b. Landscape plan.
1. Proposed landscaping and screening buffers; and
2. The location, height and type of each wall, fence, and all other types of screening.
C. Photometric plan. The plan shall show lighting calculations in footcandles along the
property line.
d. Building elevations.
Identifying building facade materials;
2. Overall building height;
Colored elevations, if applicable; and
4. Building fenestration calculations, if applicable.
Exhibit "A," Page 58
C. Tree survey and mitigation plan.
f. Utility and drainage plans. Verification of all information contained in the site plan shall
be required to be certified by an engineer and/or surveyor, as applicable, as a condition for
the granting of any specific use permit. There are two options available for obtaining
approval for the utility and drainage plans:
1. Submit utility and drainage plans with the SUP application; or
2. Submit utility and drainage plans with the building permit application once the
SUP/site plan is approved. Changes in the site plan due to unforeseen obstacles in the
installation of the utilities and drainage may require approval of a site plan
amendment by the commission. The commission may recommend approval of
variations from the original site plan that do not increase the density or result in any
increase in external impact on adjacent properties or neighborhoods. Other changes
will be required to comply with the SUP amendment process per subsection B.9 of
this section ("Amendments").
4. Public hearings. The notification and public hearing process for a specific use permit or
revocation thereof is set forth in section 6.5.
S. Conditions for approval. A specific use permit shall be issued only if all of the following
conditions have been found:
a. That the specific use will be compatible with and not injurious to the use and enjoyment of
other property, nor significantly diminish or impair property values within the immediate
vicinity;
b. That the establishment of the specific use will not impede the normal and orderly
development and improvement of surrounding vacant property;
C. That adequate utilities, access roads, drainage and other necessary supporting facilities
have been or will be provided;
d. The design, location and arrangement of all driveways and parking spaces provides for the
safe and convenient movement of vehicular and pedestrian traffic without adversely
affecting the general public or adjacent developments;
e. The adequate nuisance prevention measures have been or will be taken to prevent or control
offensive odor, fumes, dust, noise and vibration;
f. That directional lighting will be provided so as not to disturb or adversely affect
neighboring properties;
g. That there are sufficient landscaping and screening to ensure harmony and compatibility
with adjacent property; and
h. That the proposed use is in accordance with the comprehensive plan.
6. Additional conditions. In authorizing a specific use permit, the city council may impose
additional reasonable conditions necessary to protect the public interest and welfare of the
community.
7. Time limit.
a. Expiration. A specific use permit issued under this section shall expire:
(1) Two years after its date of issuance if construction or use authorized thereunder is not
substantially under way prior to the expiration of said two-year period; provided,
however, where the development is based on a long-term, multi -phased master plan,
Exhibit "A." Page 59
each phase of the specific use permit shall be severable and shall be subject to the
two-year expiration period, which shall expire as follows:
(a) For the initial phase, two years after its date of issuance; and
(b) For subsequent phases, two years after the date construction is commenced
for each applicable phase; provided construction commences prior to the
expiration of the previous phase; or
(2) One year following the discontinuation of the use for which the specific use permit
was approved.
b. Extension. If, prior to the expiration of the specific use permit, the owner of property to
which a specific use permit applies requests, in writing, an extension thereof, the city
council, after recommendation from the commission, may approve such extension for not
more than two additional years.
Revocation. A specific use permit may be revoked or modified, after notice and hearing, for
either of the following reasons:
a. The specific use permit was obtained or extended by fraud or deception; or
b. That one or more of the conditions imposed by the permit has not been met or has been
violated.
9. Amendments. The procedure for amendment of a specific use permit shall be the same as for a
new application, provided, however, that the city manager may approve minor variations from
the original permit which do not increase density, change traffic patterns, or result in any increase
in external impact on adjacent properties or neighborhoods.
10. Processing fee. A processing fee asset forth in section 14 shall be required for the processing of
each specific use permit request.
Section 10. Board of adjustment —Establishment and procedure.
A. The board of adjustment shall have the following powers and duties:
(1) Appeals. To hear and decide appeals where it is alleged there is error in any order,
requirement, decision, or determination made by an administrative official in the
enforcement of this appendix.
(2) Variance. To authorize in specific cases, a variance from the terms of the zoning ordinance
if the variance is not contrary to the public interest and, due to special conditions, a literal
enforcement of the ordinance would result in unnecessary hardship, and so that the spirit
of the ordinance is observed and substantial justice is done.
(a) Exceptions. Under no circumstances shall the board of adjustment grant a variance to
allow a use not permissible under the terms of a zoning ordinance in the district
involved, or any use, expressly or impliedly, prohibited by the terms of this appendix
in said district.
(3) Special exceptions. To hear and decide special exceptions to the terms of a zoning
ordinance when this appendix requires the board to do so.
(4) To hear and decide other matters authorized by a zoning ordinance.
(5) In exercising its authority, the board may reverse or affirm, in whole or in part, or modify
the administrative official's order, requirement, decision, or determination from which an
Exhibit "A," Page 60
appeal is taken and make the correct order, requirement, decision, or determination, and
for that purpose, the board has the same authority as the administrative official.
B. Application. Appeals to the board of adjustment concerning interpretation or administration of
this appendix may be taken by any person aggrieved by the decision or any officer, department,
board, or bureau of the city affected by the decision of the administrative official. Such appeals
shall be filed not later than the 2& day after the date the decision is made, by filing with the
official from whom the appeal is taken and with the board of adjustment a notice of appeal
specifying the grounds thereof. On receiving the notice, the official from whom the appeal is
taken shall immediately transmit to the board all the papers constituting the record of the action
that is appealed. A member of the governing body of the municipality who serves on the board
of adjustment may not bring an appeal under this section.
C. Notification. Any request for an appeal, variance or special exception shall require a public
hearing before the board. A written notice of the hearing shall be sent to owners of property
situated within 200 feet of the exterior boundary of the property with respect to which such
appeal, variance or exception is requested ten days prior to public hearing. It shall be sufficient
that such written notice is addressed to the owner appearing on the most current tax roll of the
city and addressed to such owner at the address stated on said roll. If no owner is stated on the
tax roil, or no address appears thereon, the written notice to such property owner shall not be
required.
The city council and commission shall be informed of any hearing for an appeal, variance or
special exception of the zoning or sign ordinance.
D. Fee. A processing fee as described in section 14 shall be paid to the city in advance of the hearing.
In the event the application is withdrawn prior to the mailing of the required written notification
or publication in the official newspaper, the fee shall be refunded.
E. Hearings. The board shall set a reasonable time for the appeal hearing. A party may appear at
the hearing in person or by agent or by attorney. The board shall decide the appeal at the next
meeting for which notice can be provided following the hearing and not later than the 60' day
after the date the appeal is filed.
F. Slay of proceedings. An appeal stays all proceedings in furtherance of the action that is appealed,
unless the official from whom the appeal is taken certifies in writing to the board facts supporting
the official's opinion that a stay would cause imminent peril to life or property. In that case, the
proceedings may be stayed only by a restraining order granted by the board of adjustment or by
a court of record on application, after notice to the official if due cause is shown.
G. Reapplication. No application for a variance, special exception, or appeal, which has been
denied, shall be again filed earlier than one year from date of original denial, unless there has
been a material change. For the purposes of this section, material change shall mean a substantial
change in conditions or circumstances as it relates to the property in question.
Section 11. Reserved.
Section 12. Reserved.
Section 13. Administration and. Enforcement.
A. The director shall administer and enforce this appendix. If the director shall find that any of the
provisions of this appendix are being violated, he shall notify in writing the person responsible for
such violation, indicating the nature of the violation and ordering the action necessary to correct it. He
shall order discontinuance of illegal use of land, buildings, and structures; removal of illegal buildings
Exhibit "A." Page 61
or structures or illegal additions, alterations or structural changes; discontinuance of any illegal work
being done; or shall take any other action authorized by this appendix to ensure compliance with or to
prevent violation of its provisions.
B. It is the intent of this section that all questions of interpretation and enforcement shall be first presented
to the director and that such questions shall be presented to the board of adjustment only on appeal
from the decision of the director.
C. It is further the intent of this section that the duties of the city council in connection with this appendix
shall not include hearing and deciding questions of interpretation and enforcement that may arise. The
procedure for deciding such questions shall be as stated in this section and this appendix. Under this
appendix, the city council shall have only the duties of considering and adopting or rejecting proposed
amendments or the repeal of this appendix, as provided by law, and of establishing a schedule of fees
and charges as stated in section 14.
D. Whenever a violation of this appendix 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 the same at the earliest
reasonable time, and take action thereon as provided by this appendix.
E. Any person who violates any of the provisions of this appendix or who fails to comply therewith or
with any of the requirements thereof, including violations of conditions and safeguards established in
connection with grants of variances or specific uses, or who erects or alters any structure, or who
commences to erect or alter any structure in violation of any detail statement of plan submitted or
approved thereunder, shall for each and every violation or noncompliance be deemed guilty of a
misdemeanor. The owners of a building, structure, or premises, or part thereof, where anything in
violation of this appendix be placed or shall exist, and any architect, builder, contractor, agent or
corporation employed in connection therewith who may have assisted in the commission of any such
violation, shall be guilty of a separate offense and, upon conviction, shall be subject to the penalties
asprovided in section 1-14 of the code.
Section 14. Schedule of fees, charges, and expenses.
A. The city council shall establish a schedule of fees, charges, and expenses and a collection procedure
for building permits, certificates of zoning compliance, specific use permits, and changes in district
classification, appeals, and other matters pertaining to this appendix. The schedule of fees shall be
maintained in the office of the city secretary and in the office of the administrative official, and may
be altered or amended only by the city council. It is set by resolution and printed in Appendix D to
this Code.
B. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any
application or appeal.
Section 15. Reserved.
Section 16. Reserved.
Section 17. Reserved.
Section 18. Reserved.
Section 19. Reserved.
Exhibit "A," Page 62
Section 24. Definitions.
(a) The following words, terms and phrases, when used in this appendix, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Accessory use or structure means a use or structure on the same lot with, and of a nature customarily
incidental and subordinate to, the principal use or structure.
Adult entertainment business shall have the same meaning as "sexually oriented business," as that
term is defined in V.T.C.A., Local Government Code ch. 243, and chapter 62 of the Code of Ordinances,
and shall include, but not be limited to, an adult arcade, adult bookstore or adult video store, adult cabaret,
adult motel, adult motion picture theater, adult tanning salon, adult theater, escort agency, nude modeling
studio, sexual encounter center, or any other commercial enterprise, the primary business of which is the
offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide
sexual stimulation or sexual gratification to the customer. Such uses shall be allowed only as specifically
authorized under the terms of this appendix and chapter 62 of the Code of Ordinances. The determination
of what constitutes an adult entertainment business shall be made by the police chief or his/her designee, in
accordance with the definitions contained in chapter 62 of the Code of Ordinances, and such determination
shall be appealable to the zoning board of adjustment.
Apartment house means any building or portion thereof used as a multiple dwelling for the purpose
of providing three or more separate dwelling units which may share means of egress and other essential
facilities.
Assisted living facility means an establishment as defined by V.T.C.A., Health and Safety Code Ch.
247.
Automobile graveyard means an establishment or place of business that is maintained, used, or
operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles
or motor vehicle parts.
Building means any structure designed or built for the support, enclosure, shelter, or protection of
persons, animals, chattels or property of any kind. The term "building" includes the term "structure."
Building area means the surface of the lot covered or occupied by all structures placed thereon,
excluding only driveways, walkways and uncovered patios.
Building line means a line parallel or approximately parallel to the street line and beyond which
buildings may not be erected.
Childcare center means a childcare facility that is licensed to care for seven or more children for less
than 24 hours per day, at a location other than the permit holder's home (pursuant to Texas Administrative
Code, Title 40, Part 19, Chapter 746). Compliance with all applicable state regulations is required. A
childcare center shall also obtain a certificate of zoning compliance pursuant to section 9.13
("Administration and enforcement —Building permits and certificates of zoning compliance").
1. Registered childcare home. In a registered childcare home, the registered primary caregiver
provides care in the caregiver's own residence for not more than six children from birth through
13 years, and may provide care after -school hours for not more than six additional elementary
school children. The total number of children in care at any given time, including the children
related to the caregiver, must not exceed 12 (pursuant to Tex. Admin. Code, Title 40, Part 19,
Chapter 747). Compliance with all applicable state regulations is required. A registered childcare
home shall also obtain a certificate of zoning compliance pursuant to section 9.13.
2. Licensed childcare home. The total number of children in care varies with the ages of the
children, but the total number of children in care in a licensed childcare home at any given time,
including the children related to the caregiver, must not exceed 12 (pursuant to Tex. Admin.
Exhibit ' A." Page 63
Code, Title 40, Part 19, Chapter 747). Compliance with all applicable state regulations is
required. A licensed childcare home shall also obtain a certificate of zoning compliance pursuant
to section 9.1).
Cluster housing development means a residential development containing attached or detached units
on a limited portion of land with the remaining land areas consolidated into common open space areas.
Common development means two or more business establishments developed under a common plan
which may utilize shared driveways and on -site parking facilities, including, but not limited to, shopping
centers, office complexes, business parks, and industrial parks.
Comprehensive plan means graphic and textual form policies which govern the future development
of the city and which consist of various components governing specific geographic areas and functions and
services of the city.
Density means living units per acre in a platted subdivision. The term "density" pertains to total platted
acreage, including streets.
Director means the director of community development.
Dwelling, garden home, means a detached dwelling unit which utilizes smaller lots than traditional
single-family houses and where the building is built along a "zero" side lot line.
Dwelling, multiple family, means any building, or portion thereof, which is designed, built, rented,
leased or intended to be occupied as three or more dwelling units or apartments and which includes facilities
for food preparation and sleeping.
Dwelling, single family, means a detached building having accommodations for and occupied by not
more than one family.
Dwelling, two-family, means a detached building having accommodations for and occupied by not
more than two families. In calculating minimum lot area, a two-family dwelling shall be considered to be
two dwelling units.
Dwelling unit means a building or portion of a building which is arranged, occupied, or intended to
be occupied as living quarters for one family.
Family means a single individual or a number of individuals domiciled together, whose relationship
is of a continuing, nontransient, domestic character and who are cooking and living together as a single,
nonprofit housekeeping unit. This shall not include any society, club, fraternity, sorority, association, lodge,
coterie, organization, or group of students or other individuals whose relationship is of a transitory or
seasonal nature or for anticipated limited duration of school terms or other similar determinable period.
Fence means any structure enclosing, demarcating or surrounding an area of ground to mark a
boundary, control access, or prevent escape, in part or in whole.
Graduated fence means a fence required by city ordinance, the height of which may be reduced for
some portion of its required length, either in a stair -step configuration or by gradually reducing such height
in a straight or radial line. The length and height of the fence so reduced will be determined on the basis of
a combination of factors, including, but not limited to, security, public welfare, and pedestrian and traffic
safety.
Green space means natural undeveloped areas, such as prairies, farmland, barren land, forests,
wetlands and lakes. The term "green space" may also include landscaped perimeters and green landscape
reserves along thoroughfares.
Height.
a. The height of a building shall be measured to:
Exhibit "A," Page 64
(1) The top of ridge of the highest roof of a sloped roof (i.e., gable);
(2) The top of the highest deck of a mansard roof; or
(3) The top of the highest parapet wall of a flat roof.
b. For buildings not located in the floodplain, height is measured from the top of the finished first
floor of the building which can be no more than two feet above the finished grade at the site.
Finished grade shall mean the highest grade elevation within five feet of the foundation or wall
of the building, said grade having been established by means of an approved grading and/or
drainage plan. Finished grade may also be the existing grade elevation when no terrain alteration
is proposed, or where otherwise applicable. Any fill which is not required to achieve positive
site drainage or slope stabilization, or which is otherwise proposed to raise the finished first floor
elevation for any other purpose, shall not be considered to be finished grade for the purpose of
measuring building height.
c. For buildings located in the floodplain, height is measured from the top of the first finished floor
which shall be two feet above the average base flood elevation at the site, as established by the
latest available flood elevation maps for the city.
Home occupation means an occupation or profession engaged in by the occupants of a dwelling, the
conduct of which does not result in the dwelling being identified as a business by the external and objective
evidence of a business, such as signs, displays, deliveries, continuous or repetitive traffic (rather than
occasional or sporadic traffic) generated by the home occupation, or by regular gatherings of clients or
customers for business purposes. Home occupations are a permitted use in accordance with this section,
provided that:
The occupation or profession conducted within a residential dwelling unit must be clearly
incidental and subordinate to the use of the premises as a residential dwelling unit.
2. The home occupation shall be conducted entirely within the dwelling unit or accessory structure.
3. Only members of the family residing on the premises are employed.
4. No internal or external alterations, special construction, or features are involved.
There is no advertising of any type on the premises and no other display or storage of materials
or exterior identification of the home occupation or variation from the residential character of
the main building or any accessory building; however, advertising of the home occupation by
published or printed matter is allowed.
6. No equipment is used which creates offensive noises, vibrations, sound, smoke or dust, odors,
heat, glare, X-ray or electrical disturbances to radio or television.
7. Vehicles used in conjunction with the home occupation must park completely in the driveway
of the resident without blocking the sidewalk.
8. The home occupation must not change the character of the residential area.
9. A childcare center as defined in this section is not recognized as a home occupation.
10. A personal care facility as defined in this section is not recognized as a home occupation.
11. The use of off -site personal services at a residence by the occupant, such as lawn care, maid
services, etc., does not constitute a home occupation and is not limited by this appendix.
Junkyard means an establishment or place of business maintained, used, or operated for storing,
keeping, buying or selling junk, for processing scrap metal, or for maintaining or operating an automobile
graveyard. The term "junkyard" includes garbage dumps and sanitary fills.
Exhibit "A." Page 65
Lot includes the term "plot" or "parcel."
Lot measurements.
1. Depth. The distance between the midpoint of straight lines connecting the foremost points of the
side lot lines in front and the rearmost points of the side lot lines in the rear.
2. Width. The distance between straight lines connecting front and rear lot lines at each side of the
lot, measured across the rear of the required front yard, provided, however, that width between
side lot lines at their foremost point (where they intersect with the street lines) shall not be less
than 90 percent of the required lot width except in the case of lots on the turning circle of culs-
de-sac where the 90 percent requirement shall not apply.
Office park means one or more commercial buildings with multiple businesses providing services but
not delivering products directly to customers and consisting of two or more tenants using common
driveways.
Open space means a restricted reserve located within a development with limited low -impact
amenities, including, but not limited to, green space, both natural and landscaped, detention areas, trails,
lakes, pavilions, benches, outdoor cooking facilities, and active recreational facilities, such as ball and
soccer fields, playgrounds, and the like. Amenities may be passive or active.
Parking space, off-street, means a space adequate for parking an automobile with room for opening
doors on both sides, together with properly related access to a public street or alley and maneuvering room.
Required off-street parking areas for three or more automobiles shall have individual spaces marked, and
shall be so designed, maintained and regulated that no parking or maneuvering incidental to parking shall
be on any public street, walk, or alley, and so that any automobile may be parked and unparked without
moving another. For purposes of rough computation, an off-street parking space and necessary access for
maneuvering room may be estimated at 300 square feet, but off-street parking requirements will be
considered to be met only when actual spaces meeting the requirements above are provided and maintained,
improved in a manner appropriate to the circumstances of the case, and in accordance with all ordinances
and regulations of the city.
Planned unit development means a district with development characterized by a unified site
development plan which may provide for a mixture or combination of residential, recreation and open space
and commercial uses.
Servant's or caretaker's quarters means an accessory building located on the same lot as the main
building, or a portion of the main building, used as living quarters by persons acting as caretakers of the
property or by employed servants and not rented or otherwise used as a separate domicile and not used
except as an accessory use to the primary use of the property.
Shopping center means a group of commercial establishments which is planned, developed, owned
and managed as a unit related in its location, size and type of shops to the trade area that the unit serves.
Specific use means a use that would not be appropriate generally or without restrictions throughout
the zoning district but would, if controlled as to number, area, location or relation to the neighborhood,
promote the property held, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or
general welfare. Such uses may be permitted in a zoning district as special exceptions, if specific provision
for such special exceptions is made in this appendix.
Street means a public or private thoroughfare which affords a principal means of access to abutting
property.
Street line means the right-of-way line of a street.
Structural alterations means any change in the supporting member of a structure, such as bearing
walls, columns, beams or girders.
Exhibit "A," Page 66
Structure means anything constructed or erected with a fixed location on the ground or attached to
something having a fixed location on the ground.
Townhouse means a row of three or more attached, one -family dwellings, separated by vertical party
or lot line walls, and each having private entrances.
Variance means a relaxation of the terms of a zoning ordinance if the variance is not contrary to the
public interest and, due to special conditions, a literal enforcement of the ordinance would result in
unnecessary hardship, so that the spirit of the ordinance is observed and substantial justice is done.
Yard means an open space, other than a court, on a lot, unoccupied and unobstructed from the ground
upward except for fences and walls.
Yard, front, means a yard extending across the full width of the lot, the depth of which is the minimum
horizontal distance between the front lot line and a line parallel thereto on the lot as specified in each zoning
district.
Yard, rear, means a yard extending across the full width of the lot, the depth of which is the minimum
horizontal distance between the rear lot line and a line parallel thereto on the lot as specified in each zoning
district. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its
least dimensions. On both corner and interior lots, the rear yard shall in all cases be at the opposite end of
the lot from the front yard.
Yard, side, means a yard between a building and the side lot line, extending from the front yard, or
front lot line where no front yard is required, to the rear yard. The width of the required side yard shall be
measured horizontally from the nearest point of the side lot line toward the nearest part of the building.
(b) The present tense includes the future tense; the singular number includes the plural; and the plural
number includes the singular.
(c) The term "shall" is mandatory; the term "may" is permissive.
(d) The terms "used" and "occupied" include the words "intended, designed or arranged to be used or
occupied."
(e) The tern "person" includes an individual, firm, association, organization, partnership, trust, company
or corporation.
Exhibit "A." Page 67