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2003 cc work session packet City of Southlake Sou iQ Department of Planning MEMORANDUM December 2, 2003 TO: Honorable Mayor and City Council FROM: Bruce Payne, Planning Director SUBJECT: Worksession (Monday,December 8, 2003-6:30 P.M.-3'd Floor Town Hall-Training Rooms A& B) to Review Proposed Amendments to the Peddlers/Solicitors, Zoning and Street Curb Painting Ordinances and the Rescinding of the Seasonal Sales and Mass Gathering Ordinances. Purpose of the Worksession: Review proposed ordinance amendments and rescissions necessary to update solicitation/outdoor sales and mass gathering regulations. Background: Currently there are six different city ordinances/regulations that have been adopted over the past twenty years which in some manner regulate outdoor sales or service (ivir activities (i.e. solicitation sales, outdoor sales, seasonal sales). These ordinances/regulations are as follows: (1) Peddlers and Solicitors Ordinance; (2) Seasonal Sales Ordinance; (3); Mass Gathering Ordinance; (4) special events (found in the City's Zoning Ordinance); (5) temporary uses (found in the City's Zoning Ordinance); and (6) Street Curb Painting Ordinance. The multiple ordinances/regulations which govern outdoor sales and service activities have resulted in an inefficient and sometimes confusing process in terms of administration and enforcement. For instance, the Planning Department,the Department of Public Safety, the City Secretary's office and the City Manager's office currently administer and/or enforce at least one of the ordinances listed above. Also,many of the existing regulations need to be updated to adequately address the outdoor sales and service issues currently facing the City. Over the past year, the staff has been working with the City Attorney's office to streamline and update all applicable outdoor sales regulations and place them into either the Peddlers and Solicitors Ordinance or the Zoning Ordinance. It is proposed that solicitation/sales activities that are mobile in nature(door-to-door sales/ice cream truck) or conducted on public property be regulated by the Peddlers and Solicitors Ordinance, while outdoor sales or services on private property be regulated by the Zoning Ordinance. As a result, all regulations governing outdoor sales activities will be located in just two ordinances and would be administered and enforced by either the Director of Public Safety(Peddler and Solicitors Ordinance) or the Zoning Administrator(Zoning Ordinance). Memo to City Council 1 12/2/2003 Proposed Changes: Below are overviews of the ordinances affected and a summary of the changes to each ordinance as proposed by staff. Peddlers and Solicitors (Ordinance. 643) /Code of Ordinances of the City of Southlake, Chapter 13 Overview of Existing Ordinance Adopted November, 1996. The solicitor's ordinance was the city's first comprehensive attempt to regulate itinerant merchants and solicitors operating within its limits. The ordinance applies to mobile solicitors, moving either by foot or by vehicle, within the city limits. The predominant regulatory language of the ordinance pertains to information required in making application; requirement for a bond; allowed hours; and required display of identification. The ordinance does not regulate what a solicitor sells, nor where items may be sold. The ordinance also does not make a distinction between soliciting on private property vs. public property, and does not differentiate between profit and non-profit solicitation activities. Summary of Proposed Changes • The peddlers and solicitors ordinance will regulate solicitation activity that is mobile in nature(door to door sales) or conducted on public property, while outdoor sales or services on private property(i.e. hot dog stands/Christmas tree sales) will be regulated via the zoning ordinance. • The definition of solicitation is expanded to include: 1) the collection of money for any purposes; and 2) the distribution of handbills or leaflets. • Canvassing activities are now regulated. • A person commits an offense if that person engages in a solicitation activity within the right-of-way of any street or highway within the City. • A person commits an offense if the person engages in solicitation or canvassing in an aggressive or intimidating manner. • A person commits an offense if a person engages in a solicitation or canvassing activity at a residence after sunset. • A person commits an offense if the person engages in a solicitation or canvassing activity with the occupant of any vehicle stopped or traveling or traveling on Highway 114, FM 1709, FM 1938 or any street or highway within the Town Center Designation of the City's land use plan. Memo to City Council 2 12/2/2003 l i • A person commits an offense if the person engages in solicitation activity on a sidewalk within the Town Center designation of the City's land use plan. • Solicitation activity in conjunction with a city sponsored event (i.e. Art-in- the Square) is not regulated. • A non-profit organization or person conducting solicitation activity on behalf of a non-profit organization is exempt from payment of a permit fee. • Ordinance solely administered and regulated by the Department of Public Safety. Mass Gatherinj'Ordinance (198-1)/Code of Ordinances of the City of Southlake, Chapter 3-Article II. Overview of Existing Ordinance Adopted June, 1982. Based upon review of the content of the ordinance, it would appear that it was originally adopted to contend with the possibility of a "Woodstock" style rock concert occurring in Southlake. The ordinance applies to all gatherings of 500 or more people for more than six continuous hours and goes into great detail about required supplies of water, emergency aid supplies (i.e.band- (' aids), number of porta-potties, etc. Given that the type of large scale event the ordinance was designed for never materialized (resulting in the ordinance being applied rarely- if ever), in-house memory of the ordinance faded. Consequently, the provisions of the ordinance had not been invoked in some time. During the ordinance review phase conducted by the planning department, it was discovered that the literal interpretation of the ordinance would require mass gathering permits to be processed for children's soccer leagues and little league teams,the July 3rd celebration, special events such as Art in the Square and Oktoberfest, etc. Following up on the recognition of the requirements of this ordinance, its provisions were recently applied to the Jewel outdoor concert that was held during the 2003 Art in the Square event. Summary of Proposed Changes • Rescind the Mass Gathering Ordinance(198-1). • The zoning ordinance will regulate any event or gathering attended by 200 or more people in a single day via the Special Use Permit(SUP) requirements. • Events or gatherings that are customary to the principal use (schools, shopping centers, football stadium, and youth sports) are not subject to the regulations of the ordinance. Memo to City Council 3 12/2/2003 • Specific city standards for medical care, toilet facilities, food sanitation, water supply, first-aid supplies etc. will be eliminated from the regulations. Regulations will refer to the requirements of the Tarrant/Denton counties health departments and the Texas Department of Health. • Site renderings and other documentation will be required to demonstrate compliance with ordinance. Sale of Seasonal Items Ordinance (419)/Code of Ordinances of the City of Southlake, Chapter 5-Article III Overview of the Existing Ordinance Adopted February, 1988. This ordinance attempts to bridge the gap between permanently established uses controlled by the zoning ordinance and temporary retail sales operations related to seasonal events. The seasonal sales ordinance also functions similarly to a solicitor ordinance via the application and registration requirements of the vendors. The ordinance authorizes the temporary sale of Christmas trees, snow-cones, firewood and similar seasonal goods. Vendors are required to have a seasonal sales permit in order to conduct the authorized activities and are specifically prohibited from conducting such activities without a permit. The ordinance stipulates the specific zoning districts where authorized seasonal sales operations are allowed to be conducted, therefore, it performs as a hybrid zoning ordinance designed to regulate temporary retail uses. Permits are limited to the following specific zoning districts: AG, CS, R-1, R-2, I-1, & 1-2. Please note that two of the named zoning districts no longer exist within the city, due to the adoption of Ordinance 480, which converted the R-1 and R-2 districts to C-1 and C-2 (inexplicably, the ordinance language in the updated city code presently references the C-1 and C-2 districts,however,there is no record of an amendment to Ordinance. 419 accomplishing this task). It should also be pointed out that the locations that have been traditionally used for seasonal sales activities (Dallas Foam site,NW corner of FM 1709 & Randol Mill, etc.) are not in any of the aforementioned zoning districts. Summary of Proposed Changes • Rescind the Sales of Seasonal Items Ordinance(419). • The zoning ordinance will regulate the sale of traditional seasonal sale items (now referred to as Outdoor Sales or Services) via Special Use Permit (SUP)requirements. Memo to City Council 4 12/2/2003 Zoning Ordinance (Ordinance 480) Overview Adopted September, 1989. The initial version of this comprehensive revision to the city's zoning ordinance did not include language governing special events or temporary uses. Outdoor vending in the 0-1, 0-2, C-1, C-2, C-3 & C-4 zoning districts is dealt with through the standard floor area requirement that"Each store, shop or business shall have a minimum of 500 square feet of floor area("floor area" being limited to the interior of the primary structure), which would indicate that no outside vending may occur within the aforementioned zoning districts. However, hot dog,popcorn & drink vendors notwithstanding, a quick review of existing businesses within the city quickly reveals that there are dozens of otherwise legitimate "stores, shops or businesses"within these zoning districts that do not meet the floor area standard (i.e. accounting, insurance, landscaping, banks, and other uses). Therefore, it is apparent that the floor area provision, as written, has not been rigorously applied over the years. The zoning ordinance was amended to allow for temporary tents for the purposes of promoting retail sales by Ordinance. 480-H. Outdoor vendor sales and special events were allowed as an SUP through adoption of the Town Square NR-PUD in 1997, and subsequently remained an SUP when the PUD was converted to the Downtown zoning district in 2003. In 2001, regulations were provided to govern the display of seasonal goods and merchandise associated with the principle commercial building. Summary of Proposed Changes • Section 4-Definitions—Added the following terms: -Donation Bin (4-p. 5) -Mass Gathering Area(4-p.14) -Mass Gathering Event (4-p.14) -Outdoor Commercial Displays (4-p. 16) -Outdoor Sales or Services (4-p. 16) -Private Property(4-p.18) -Promoter(4-p. 18) -Promote (4-p.18) -Refuse (4-p.18) -Sanitary Facilities (4-p.19) • Section 34-Accessory Uses Added the following to the accessory use table (Section 34.1): - dd. Outdoor commercial display items (34-p. 5) -Also provided specific regulations for this activity in section 34.3 (p.6). Memo to City Council 5 12/2/2003 - ee. Yard or garage sales (34-p. 5) (Not addressed previously in the zoning ordinance). - ff. Fund raising/sales 34- . 5). ( p - gg. Mass gathering event (34-p.5). • Section 37-"DT"Downtown District—Deleted the following from Section 37.2-Schedule of Uses: -Outdoor temporary removable displays and sales for fairs, festivals, and other outdoor spaces (Now regulated by Mass Gathering in the Zoning Ordinances). -Outdoor vendor sales (Not permitted in the DT district per the solicitor's ordinance). • Section 39- "Screening"Made the following changes to Section 39.5. -e. Deleted references to seasonal merchandised (39.5.e-p.4). Now proposed to be permitted as an accessory use(outdoor commercial displays- -regulations included in the accessory use section). - f. Deleted reference to "Outdoor storage by transient salespersons is prohibited", and added"Outdoor Commercial Displays as permitted by Section 34 are exempt from the requirement herein" (39.5(f). -g. Added screening requirements for primary outdoor storage • Section 43- "Corridor Overlay"Made the following change. -43.9.4.f Eliminated references to seasonal merchandised(43-p. 10). Proposed to be permitted as an accessory use(regulations included in the accessory use section). • Section 18 0-1 District, Section 20 C-1 District, Section 21 C-2 District, Section 22 C-3 District, and Section 23 C-4 District—Made the following changes. - Deleted the minimum 500 square foot floor area requirement. • Section 45-Specific Use Permits Made the following changes. -38. Deleted outdoor temporary removable displays and sales at fairs, festivals, and other special events and replaced with a"Mass Gathering L, Event (45.1-p.6)permitted as an accessory use in accordance with Section Memo to City Council 6 12/2/2003 34, subject to the requirements set forth in Section 45.15 of this ordinance". Also see associated requirements on(45.15-p. 24). -40. Added "Outdoor sales or services (45.1-p. 6), subject to the requirements set forth in Section 45.12 of this ordinance". Also see associate requirements on(45.12-p. 23). -41. Added "Donation bins (45.1-p. 7), subject to the requirements of Section 45.13". Also see associated requirements on (45.13-p. 23). -42. Added tents for the purpose of promoting retail sales (Now required by SUP-previously listed as an accessory use only) (45.1-p.7). Street Curb Painting Ordinance (644)/Code of Ordinances of the City of Southlake Chapter 5-Article VI Overview Adopted July, 1996. The purpose of this ordinance is to regulate and register persons engaged in the address numbers on street curbs. Summary of Proposed Changes • Provide regulations in the peddlers and solicitors ordinance. • Require the use of reflective paint. Memo to City Council 7 12/2/2003 PROPOSED PEDDLERS AND SOLICITORS ORDINANCE ORDINANCE NO. 850 AN ORDINANCE AMENDING CHAPTER 13, PEDDLERS AND SOLICITORS,AND ARTICLE VI OF CHAPTER 5, BUSINESSES, OF THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE, TEXAS, AS AMENDED, BY REQUIRING REGISTRATION OF AND IDENTIFICATION BADGES FOR SOLICITORS; PROVIDING REGULATIONS FOR SOLICITATION AND CANVASSING ACTIVITIES; PROVIDING THAT CURB PAINTING VENDORS SHALL USE REFLECTIVE PAINT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council has determined that in order to prevent and deter deceptive practices and fraud, it is necessary to require solicitors to obtain permits and to Cregulate those solicitors; and WHEREAS, the City Council possesses, pursuant to §311.011 of the Texas Transportation Code,as amended,the exclusive control and power over public streets;and WHEREAS, the City Council has determined that solicitations by persons standing or operating within certain roadway or on medians and traffic islands of certain streets and highways within the City of Southlake greatly endangers such persons and the motoring public and also increases traffic congestion within the City; and WHEREAS, the City Council has determined that solicitations by persons directed towards the occupant of any vehicle that contemplate a transaction while the vehicle is in certain roadways within the City of Southlake endangers such persons and the motoring public,greatly increases traffic congestion within the City and distracts the drivers of those vehicles from their primary duty of observing their surroundings; and WHEREAS, the City Council has determined that solicitations and other types of activity at residences and other private property at certain times and under certain circumstances greatly intrudes on the privacy and personal property rights of the citizens of Southlake; and Solicitation Ordinance 2003 W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 1 WHEREAS,the City Council has determined solicitation activity conducted in certain locations presents safety and congestion concerns; and WHEREAS,the City Council finds that regulations addressing all these concerns are in the best interest of the health, safety and welfare of the citizens of Southlake; and WHEREAS, it is the intent of the City Council to not infringe on any rights protected by First and Fourteenth Amendments to the United States Constitution. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF SOUTHLAKE, TEXAS: SECTION 1. That Chapter 13 of the Code of Ordinances of the City of Southlake, Texas, is hereby amended to read as follows: "Chapter 13 SOLICITORS AND CANVASSERS Article I. General Provisions Sec. 13-1. Purpose and Intent. The purpose of this chapter is to secure the general health, safety and welfare for the residents of the City by: (1) prohibiting door-to-door solicitation and canvassing at residences during the times when such activity is most intrusive and disruptive to citizens' privacy; (2) regulating the locations in which solicitation activity may occur to promote safety and minimize congestion; and (3) regulating the manner in which any solicitation or canvassing activity may occur to promote good order protect citizens from aggressive and intimidating practices; and (4) requiring solicitors to obtain permits from the City to aid crime detection and deter deceptive practices and fraud. Solicitation Ordinance 2003 ter W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 2 Sec. 13-2. Definitions. In this chapter: Canvasser means a person who engages in canvassing activities. Canvassing means the act of: (1) traveling either by foot or vehicle, going door-to-door, house-to-house, building-to-building; or (2) occupying space in or traveling on or through any public place in the City; personally contacting persons to communicate in any manner, whether orally, by written or printed materials including, but not limited to, handbills, leaflets, hand signing or by any other method, direct or implied, for any purpose other than selling or taking orders for goods, wares, merchandise or services or collecting money. City means the City of Southlake, Texas. City Park means any park, playground or recreational area owned, leased, operated or under the control of the City. The term shall include any athletic field, swimming pool, gymnasium,tennis court,and other similar facility owned by the Carroll Independent School District and specified in the joint-use agreement between Carroll Independent School District and the City. City Manager means the City Manager of the City or the City Manager's designated representative. City Sponsored Event means a special event for which the City has issued a permit other than a solicitor's permit or has otherwise authorized to occur, and for which the City pays all or a portion of the costs of the event. Curb means the line adjacent to the edge of the roadway which may be either a raised or lowered or a marked or unmarked surface. Director means the Director of Public Safety of the City or the Director's designated representative. Handbill means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any manner. Minor means a person under the age of 18. Solicitation Ordinance 2003 W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 3 Non-Profit Organization means an organization or entity that is exempt from the payment of tax pursuant to section 501(c)(3) of the Internal Revenue Code. Permanent Established Business Location means an established place of business operating in a permanent structure on a continuous basis. Permanent Structure means a structure for which a certificate of occupancy has been issued. Public Place means any area to which the public is invited or in which the public is permitted, and includes, but is not limited to: the parking lot of any commercial establishment, the right of way of any street or highway, but does not include the offices or work areas of work places not entered by the public in the normal course of business. Roadway means that portion of a street or highway designed, improved or ordinarily used for vehicular travel, typically delineated by curbs, edgelines or the edge of the pavement. Selling means to sell, dispense, peddle, hawk, display, offer to sell or solicit for sale by offering or exposing for sale any goods, wares, merchandise or services. Sidewalk means the portion of a street or highway that is between a curb or lateral line of a roadway and the adjacent property line and intended for pedestrian use. Solicitation means (a) the act of: (1) traveling either by foot or vehicle, going door-to-door, house-to-house, building-to-building; or (2) occupying space in or traveling on or through any public place in the City; (b) personally contacting persons to ask, barter or communicate in any other manner, whether orally, by written or printed materials including but not limited to handbills or leaflets, hand signing or by any other method, direct or implied, for the purpose of: (i) selling or taking orders for goods, wares, merchandise or services; or (ii) collecting money for any purpose. The term does not include: (1) activity of a salespersons with an appointment calling upon or dealing with Solicitation Ordinance 2003 ter W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 4 manufacturers,wholesalers, distributors, brokers or retailers at their place of business or homes and in the usual course of business; (2) activity approved in conjunction with a city sponsored event; (3) activity conducted in conjunction with a residential yard or garage sale; (4) activity of a business conducted at the permanent established location of that business; (5) activity conducted on property not owned or under control of the City with consent of the owner or person in control of the property not conducted while traveling either by foot or vehicle, going door-to-door, house-to-house or building-to-building; (6) activity for which a special use permit has been issued pursuant to the City's zoning ordinance; (7) activity approved in conjunction with a mass gathering permit; or (8) activity conducted at a city park pursuant to a concession agreement with the City or in accordance with applicable park ordinances and policies. Solicitor means a person who engages in solicitation activities. Solicitor's Permit or Permit means a permit issued by the Director which allows a person to conduct solicitation activities within the City. Street or highway means the width between the boundary lines of a publicly maintained way, any part of which is open to the public for vehicular traffic. Structure means that which is built or constructed, an edifice or building of any kind,or any piece of work artificially built up or composed of parts joined together in some definite manner. Sunset means the time of day identified by the National Weather Service as the time for sunset on a particular day in the City. Secs. 13-3 - 13-10. Reserved. Solicitation Ordinance 2003 W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 5 1 y (r• Article II. Solicitor's Permits; Bonds. Sec. 13-11. Permit Required for Solicitors; Fee. (a) A person commits an offense if the person engages in solicitation activities in the City without first obtaining a solicitor's permit from the Director. (b) A solicitor's permit shall be valid for six (6) months following the date of issuance unless a shorter period is requested by the applicant. (c) An applicant for a solicitor's permit shall pay a permit fee at the time the application is submitted, and if required, shall submit a bond. The amount of the solicitor's permit fee shall be set forth in the city's schedule of fees as approved by the city council. (d) An non-profit organization or a person conducting solicitation activity on behalf of a non-profit organization is exempt from payment of a permit fee. Sec. 13-12. Solicitor's Permit Application. (a) A person or organization desiring to conduct solicitation activities within the City shall make a written application on a form provided by the Director for a solicitor's permit. The application shall contain the following information: tiv (1) the name, driver's license or state issued identification, date of birth, phone number and address of each person/organization applying for a permit; (2) a valid state driver's license number or a state-approved identification card number with a photograph (The Director will make a photocopy and attach to the application); (3) if a vehicle is used, a description of the same, together with the license number and the vehicle identification number; (4) except as provided by section 13-13(c), two photographs of the applicant, measuring at least 1.5" x 1.5" and showing the head and shoulders of the applicant in a clear and distinguishing manner, which shall have been taken within the preceding 60 days before filing the application; (5) proof of possession of any license or permit which, under Federal, State, or Local laws or regulations, the applicant is required to have in order to conduct the proposed solicitation. Copies of all such licenses and permits shall be attached to the application; Solicitation Ordinance 2003 W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 6 (itir (6) if the applicant is: (i) employed by another, the name and physical street address (not a post office box) of the employer; (ii) acting as an agent, the name, the physical street address (not a post office box), and telephone number of the principal being represented, with credentials in written form establishing the relationship and authority of the employees or agent to act for the employer or principal; or (iii) acting as a volunteer, the name and physical street address (not a post office box) of the business or organization being represented must be provided; (7) the nature of solicitation activity(i.e.the merchandise to be sold or offered for sale; or the nature of the services to be furnished; or the type of pamphlets or handbills to be distributed); (8) the approximate time period within which the solicitation is to be made, stating the date of the beginning of the solicitation activity, its projected conclusion and the proposed dates and times of solicitation; (9) the names of all other cities in which the applicant has conducted solicitation activities in the past six (6) months; (10) whether the applicant, upon any order obtained, will demand, accept or receive payment or the deposit of money in advance of final delivery, and if so, the bond required by section 13-14; (11) if the applicant has plead guilty, or nolo contendere to, or has been convicted of a felony or misdemeanor involving fraud, deceit, misrepresentation, a sex offense, trafficking a controlled substance, or any act of violence against persons or property within five (5)years preceding the date of application, a description of each such conviction or plea and the date of the offense; (12) if the applicant claims that the solicitation activity is to be conducted on behalf of a non-profit organization, proof of such status shall be attached to the application; (13) if the applicant is an entity that sponsors or employs minors as solicitors and is submitting one application, the information set forth in section 13-13(b). Solicitation Ordinance 2003 W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 7 (6, Sec. 13-13. Solicitation by Minors; Applications. (a) A minor who conducts solicitation activities shall be sponsored or employed by a person over the age of eighteen, a corporation, company or organization. The person, company, corporation or organization that is sponsoring or employing the minor(s) is responsible for controlling the conduct of the minors. (b) Except as provided by subsection (d), a person, company, or organization that sponsors or employs one or more minors as solicitors may submit one (1)solicitor's permit application and pay one permit fee for the registration of the minors regardless of the number of minors who conduct solicitation activities. The sponsor or employer shall provide the Director the name(s), date(s) of birth, address(es) and driver's license number(s) (if applicable) of all minors that will be conducting solicitation activities. (c) A minor that does not submit an application shall carry while conducting solicitation activities: (1) a copy of the approved solicitor's permit application; and (2) some form of identification that contains the name of the minor and the name of the sponsor or employer of the minor. (d) A minor sixteen (16) years of age or older that is sponsored or employed by any person, company, corporation or organization that is not a non-profit organization shall submit an application and pay a registration fee. Sec. 13-14. Bond. (a) Solicitors who require cash deposits or advance payments for future delivery or who require an agreement to finance the sale of goods or services for future delivery, or for services to be performed in the future, shall furnish to the city a bond with the application in the amount determined in subsection (c) hereinbelow, signed by the applicant and a surety company authorized to do business in Texas, conditioned: (1) Upon the final delivery of goods or services in accordance with the terms of any order obtained; (2) To indemnity purchasers for defects in material or workmanship that may exist in the goods sold and that are discovered within 30 days after delivery; and (3) For the use and benefit of persons, firms, or corporations that may make a purchase or give an order to the principal of the bond or to the agent or employee of the principal of the bond. Solicitation Ordinance 2003 W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 8 (r. (b) If the applicant is a person, firm, or corporation engaging in solicitation activities through one or more agents or employees, only one bond is required for the activities of all the agent or employee solicitors. (c) The amount of the bond is determined by the number of solicitors acting as agents or employees of the same person, firm, or corporation as follows: 1--3 solicitors . . . $ 500.00 4--6 solicitors . . . $ 750.00 7 or more solicitors . . . $ 1,000.00. Sec. 13-15. Issuance of Solicitor's Permit. (a) The Director shall approve or deny the issuance of a permit to an applicant and send notice of this decision to the applicant by certified mail sent to the address shown on the application or to the applicant's last known address within 30 days after receipt of the application. The permit shall be approved unless the Director finds one or more of the following to be true: (1) the application for a solicitor's permit does not contain the information required by section 13-12; (2) false or misleading statements are found to be included in the application for a solicitor's permit; (3) the applicant,employer or principal is a person against whom a civil judgment based upon fraud, deceit, or misrepresentation has been entered within five (5) years; (4) within five (5) years preceding the date of the application, the applicant, employer or principal has pleaded guilty or nolo contendere to, or has been convicted of, a felony, misdemeanor, or ordinance violation involving fraud, deceit, misrepresentation, a sex offense, trafficking a controlled substance, or any act of violence against persons or property; (5) the applicant is a registered sex offender; (6) within the six(6) months preceding the date of the application, the applicant has failed to comply with any rule, regulation or ordinance of another city or state concerning solicitation activity; Solicitation Ordinance 2003 W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 9 (7) the applicant has an outstanding warrant of arrest for any offense described in subsection (a)(5); or (8) the type of solicitation activity requires a bond, and the applicant has not complied with the bond requirements in section 13-14. (b) If an application is denied, the reasons for denial shall be noted on the application. (c) Except as otherwise provided in this chapter, the Director shall issue to each approved permit holder a photo identification tag under the terms of this ordinance. Such photo identification tag shall be worn constantly in a conspicuous place by the permit holder while conducting solicitation activities in the City. (d) A person commits an offense if the person wears or displays a photo identification tag issued to another person. Sec. 13-16. Revocation or Suspension of Solicitor's Permit. (a) A permit may be revoked or suspended by the Director for any of the following reasons: (1) the Director finds that any fact or event in section 13-15(a) is true or has become true since the application was completed; or (2) the solicitor conducts solicitation activities in violation of any p rovision of this chapter. (b) Upon revocation, the Director shall immediately deliver written notice to the permit holder stating the action and the reasons supporting such action. A written notice shall be delivered or mailed by certified mail to the solicitor's address as shown on the application or to the solicitor's last known address. (c) The Director shall have the authority to seize any and all permits and photo identification tags possessed by persons conducting business as a solicitor while official notification process is underway. At such time, all solicitation activities conducted under the authority of that permit shall cease. Sec. 13-17. Appeals. (a) A person who is denied a solicitor's permit,or whose permit is revoked or suspended by the Director, may appeal the decision to the city manager by filing a notice of appeal with the Director within 15 days after the notice of decision is delivered via certified mailed to the address indicated on the application or the last known address of the solicitor. Solicitation Ordinance 2003 W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 10 (b) Within ten (10)days of the receipt of the notice of appeal,the city manager shall set a time and place for a hearing on the appeal which shall be not later than thirty (30) days from the date of receipt of the notice of appeal. (c) Notice of the time and place of the hearing shall be delivered to the person by certified mail, sent to the address indicated on the application or the last known address of the person. Notice shall be sent within ten (10) days of the receipt of the notice of appeal. (d) The decision of the city manager on the appeal is final. No other administrative procedures are provided by the City. Secs. 13-18 - 13-20. Reserved. Article III. Regulations. Sec. 13-21. Regulation of Solicitors; Generally. (a) A solicitor shall identify himself as a solicitor upon approaching a person at a residence or at any other location in the City and explain his purpose, whether it be direct sales, solicitation of orders or services, or the demonstration of merchandise, or any combination of such purposes. (b) A person who uses a vehicle in solicitation activities, shall post a sign located in a conspicuous place on the vehicle, identifying the name of the person, company or organization that the person represents. If the name is an individual person, it must be followed by the word "solicitor". The lettering on the sign must be at least two and one-half (2 %") inches high. (c) A solicitor who is permitted to solicit edible merchandise shall keep all articles for sale to the public in a clean and sanitary condition, as well as the wagons, vehicles, or other conveyances used in the transportation of such merchandise and shall meet all applicable Federal, State and local regulations. (d) A person commits an offense if that person sells or offers to sell any unsound or unwholesome merchandise or give a false weight of measure to such offered for sale. Sec. 13-22. Solicitation in Public Right of Way. (a) A person commits an offense if the person engages in solicitation activity within the roadway, or on any median or traffic island within the right-of-way of any street or highway within the City. Solicitation Ordinance 2003 W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 11 (b) A person commits an offense if the person engages in solicitation activity by a direct transaction or exchange with the occupant of any vehicle stopped or traveling on the roadway of Highway 114, F.M. 1709, F.M. 1938, any street or highway within the Town Center designation of the City's land use plan, or any street or highway in the city which is designated as an arterial or collector on the city's thoroughfare plan. An offense under this subsection occurs when the offer, solicitation or distribution is made regardless of whether a transaction is completed. (c) A person commits an offense if the person engages in solicitation activity on a sidewalk within the City in a manner that impedes the flow of pedestrian traffic. (d) A person commits an offense if the person engages in solicitation activity on a sidewalk within the Town Center designation of the City's land use plan. (e) It is a defense to prosecution under subsections (a) or (b) above if the person engages in solicitation activity to operate a taxi cab, mail carrier, vehicle for hire such as commercial servicing or repair of any disabled motor vehicle. (f) It is a defense to prosecution under subsection (a) if the person engages in solicitation activity from a vehicle in a manner that does not violate section 13-23(a)(1). Sec. 13-23. Solicitation from a Vehicle. ,,, (a) A person commits an offense if the person conducts solicitation activities from a vehicle and: (1) the solicitation is conducted at a location within the right of way of Highway 114, F.M. 1709, F.M. 1938, any street or highway within the Town Center designation of the City's land use plan, or any street or highway in the city which is designated as an arterial or collector on the city's thoroughfare plan; or (2) the person stops the vehicle within a roadway to conduct business before the vehicle has been approached, called, or waived down by a prospective customer. (b) A person commits an offense if the person operates a vehicle from which solicitation activities are conducted upon any street or highway within the City and the vehicle is not equipped with warning lights that are in actual operation, whether or not the vehicle is stopped or moving. Solicitation Ordinance 2003 W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 12 (c) A person commits an offense if the person operates a vehicle from which solicitation activities are conducted upon any street or highway within the City in a manner that blocks or impedes access to or from any alley, street or driveway, or impedes the flow of traffic on any public street or highway. Sec. 13-24. Regulation of Solicitors and Canvassers. (a) A person commits an offense if the person engages in solicitation or canvassing activity at a residence before 9:00 a.m. or after sunset. (b) A person commits an offense if the person engages in solicitation or canvassing activity at a premises with a posted notice that such activity is not welcomed or invited. It shall be presumed that there is notice that solicitation and canvassing activity is not welcomed or invited when there is exhibited in a conspicuous place on or near the main entrance of a premises, a sign, not less than one (1) inch by three (3) inches in size, containing the words "NO SOLICITORS", "NO TRESPASSING", or words of similar meaning. (d) A person commits an offense if the person engages in solicitation or canvassing activities in an aggressive or intimidating manner. The term "aggressive or intimidating manner" means: (1) blocking the path of a person who is the object of the activity; tow (2) following behind, ahead or alongside a person who walks away from the solicitor or canvasser after being solicited, approached, accosted or offered a handbill, leaflet or any other item; or (3) shouting, making any outcry, blowing a horn or whistle, or using any sound device, including any loud speaker or sound amplifying system in violation of the City's noise ordinance for the purpose of attracting attention to one's location." SECTION 2. Chapter 5 of the Code of Ordinances of the City of Southlake, Texas, is hereby amended by repealing the existing Article VI and adopting a new Article VI to read as follows: "ARTICLE VI. PAINTING ADDRESS NUMBERS ON STREET CURBS Solicitation Ordinance 2003 W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 13 Sec. 5-221. Purpose. The purpose of this article is to protect the citizens against crime,including deceptive practices, fraud, and burglary, to minimize the unwelcome disturbance of citizens and the disruption of citizens'privacy,and to preserve the public health, safety,and general welfare by registering and regulating those persons engaged in the business of painting address numbers on street curbs. Sec. 5-222. Definition. (a) Definitions. The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this subsection, unless the context clearly indicates a different meaning: Curb painting vendor means a person who engages in the business of painting address numbers on street curbs for remuneration. Sec. 5-223. Regulations. A curb painting vendor shall: (1) use reflective paint to paint tior (2) comply with the provisions of Article II and section 13-24 of Chapter 13 of this code; (3) provide to each business or residence that is being solicited a copy of a brochure, pamphlet or flier or advertising the curb painting vendor's services, which shall include the following statement in bold and conspicuous type on the cover thereof: "The City of Southlake does not endorse or sponsor this business and does not require that you paint your curb." Sec. 5-224. Violation; penalty. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than $500.00 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense." SECTION 3. Section 18-183.2, "Sale of goods along roadway", of Chapter 18, Article V, Division 2, of the Southlake Code of Ordinances is hereby expressly repealed. Solicitation Ordinance 2003 W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 14 SECTION 4. CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas except where the provisions of this ordinance are in direct conflict with the provisions of such ordinance, in which event the conflicting provisions of such ordinances are hereby repealed. Ordinance No. 644 and Ordinance No. 419 are hereby expressly repealed. SECTION 5. SEVERABILITY It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and section of this ordinance are severable, and if any phrase, clause,sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionalityshall not affect anyof the remainingphrases, clauses, sentences,to ces, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. PENALTY Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Solicitation Ordinance 2003 W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 15 SECTION 7. SAVINGS All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provision of any other ordinances regulating solicitation or canvassing activities that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 8. PUBLICATION The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice sitting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty,fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 9. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 2003. Solicitation Ordinance 2003 W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 16 MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 2003. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney Solicitation Ordinance 2003 W:\Southlake\Ordinances\Solicitation\Solicit.Ord.9.15.03.wpd Page 17 PROPOSED CHANGES TO THE ZONING ORDINANCE-SECTION 4- DEFINITIONS SECTION 4 DEFINITIONS (As amended by Ordinance No. 480-QQ) 4.1 INTERPRETATIONS OF CERTAIN WORDS AND PHRASES - For the purposes of this ordinance, certain terms or words used herein shall be interpreted as follows: a. The word person includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual. b. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular. c. The word shall is mandatory,the word may is permissive. d. The word used or occupied includes the words intended, designed, or arranged to be used or occupied. e. The word lot includes the words plot,parcel, or tract of land. f. The word building includes the word structure. 4.2 DEFINITIONS - For the purposes of this ordinance, the following definitions shall apply: ABUTTING, ADJACENT, ADJOINING - Contiguous or sharing a common border or boundary with other property. Abutting, adjacent and adjoining shall include property immediately across an alley but shall not include property across a street. ACCESSORY BUILDING OR USE - A subordinate building having a use customarily incidental to and located on the same lot occupied by the main building; or a use customarily incidental to the main or principal use of the property. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building, or is under an extension of the main roof and designed as an integral part of the main building. ADMINISTRATIVE OFFICIAL - The official, or his designee, appointed by the City Manager to enforce and administer the terms of this Ordinance. (As amended by Ord. No. 480-FF) ALL WEATHER SURFACE - A dust free surface constructed of cement, asphalt, brick or other commonly accepted pavement which may be approved by the Administrative Official. ALLEY - A public minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street or highway. 4-1 tir ANSI STANDARD - The most recently adopted ANSI C-95.1 standard of the American National Standards Institute which establishes guidelines for human exposure to non- ionizing electromagnetic radiation("NIER"). (As amended by Ordinance No. 480-W.) ANTENNA - Any apparatus, external to, or attached to the exterior of a building, together with any supporting structure for sending or receiving electromagnetic waves. (As amended by Ord. No. 480-J.) APARTMENT - A room or suite of rooms in a multiple family structure arranged, designed, or occupied as a dwelling unit residence by a single family, individual, or group of individuals. APARTMENT HOTEL - Any building larger than an apartment house designed or built to be occupied as a series of separate apartments and by persons living independently of each other. AUTOMOBILE SALES AREA - An open area or lot used for the display or sale of automobiles, where no repair work is done except minor reconditioning of the cars to be displayed and sold on the premises, and where no dismantling of cars or sale or keeping of used car parts or junk on the premises is done. Cpw AUTOMOBILE WRECKING YARDS - Any establishment maintained, used or operated for the storing, keeping, dismantling, buying or selling of wrecked automobiles as defined in this ordinance under the definition of"Junk." BACKHAUL PROVIDER - The owner of a wire network (i.e., the cable company, electric company, the telephone company) utilized in connecting the various cell sites to telephone switching offices, long distance providers, or the public switched telephone network. (As amended by Ordinance No. 480-W.) BASEMENT - A building story which is partly underground but having at least one-half of its height above the average level of the adjoining ground. A basement shall be counted as a story in computing building height. BLOCK - An area enclosed by streets, or, if said word is used as a term of measurement, it shall mean the distance along a side of a street between two intersecting streets; or if the street is of a dead-end type, a block shall be considered to be measured between the nearest intersecting street an the end of such dead-end street. In cases where platting is incomplete or disconnected, the Administrative Official shall determine the outline of the block. BOARD - The Zoning Board of Adjustment, as established in Section 44 of this ordinance. L 4-2 try BOARDING HOUSE - A building other than a hotel where lodging and meals for five or more persons are served for compensation(also known as rooming houses). BREEZEWAY - A covered passage one story in height and six (6) feet or more in width connecting a main structure and an accessory building. A breezeway shall be considered an accessory building. BUILDABLE AREA - The portion of a lot remaining after required yards have been provided. BUILDING - Any structure built for the support, shelter and/or enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building. BUILDING LINE - Front: A line parallel or approximately parallel to the street right of way line at a specific distance therefrom marking the minimum distance from the street right of way line that a building may be erected. Side: A similar line parallel to the side lot line (see drawings on pp. 4-19 and 4-20. BUILDING PERMIT - An official document or certificate issued by the City of Southlake authorizing erection, construction, renovation, maintenance, or any other specified activity on any building, structure or land, or on any installations or facilities therein. The term "building permit" shall include but not be limited to building permits, electrical permits,mechanical permits, and plumbing permits. BUSINESS - Includes local retail, commercial, industrial and manufacturing uses and districts as herein defined. CARE FACILITY - An institutional use of a building or property whereby a publicly or privately funded program enables persons to receive medical,psychological, emotional or other rehabilitative care as an outpatient or live-in member. This definition does not include those institutional uses provided for elsewhere in this ordinance, nor does it include foster care programs or family homes. CARPORT - A permanent-roofed structure, attached to or detached from the principal structure which provides space for the parking and storage of motor vehicles (as provided for in this ordinance). (As amended by Ordinance No. 480-II.) CELLAR- A building story with more than one-half its height below the average level of the adjoining ground. A cellar shall not be counted as a story in computing building height. 4-3 CERTIFICATE OF OCCUPANCY - An official certificate issued by the City through the Administrative Official which indicates conformance with building, zoning and health and safety regulations and authorizes legal use and occupancy of the premises for which it is issued. CHIEF OF POLICE - The chief of police of the City of Southlake, Texas, or his duly authorized representative. CITY HEALTH OFFICER - The city health officer of the City of Southlake, Texas, or his duly authorized representative. CITY COUNCIL or COUNCIL -The governing body of the City of Southlake, Texas. CLEAN REVIEW - An application review which complies with the requirements of all applicable City ordinances, with the exception of requirements for which a variance is requested, if any, and a limited number of minor revisions as set forth and defined in the most current submittal policies. For purposes of administrative processing of applications, the Administrative Official may adopt procedures and policies, including the number of minor revisions permitted. (As amended by Ord. No. 480-FF) CLINIC - Offices for one or more physicians, surgeons, or dentists engaged in treating the sick or injured,but not including rooms for the abiding of patients. CLUSTER SUBDIVISION - A cluster subdivision is a grouping of individual building lots or sites in close proximity, each of which or the majority of which has less land area than required for isolated individual lots, with the additional area being devoted to open space, recreation space, parking spaces and access facilities in addition to required yards. Cluster subdivisions are permitted only with site plan approval and only in conjunction with a Planned Development Zoning District. COLLECTOR STREET-As defined by the City's latest approved comprehensive plan. COMMISSION -The Planning and Zoning Commission, of the City of Southlake, Texas. COMMUNITY CENTER - A building dedicated to social or recreational activities, serving the City or a neighborhood and owned and operated by the City, or by a non- profit organization dedicated to promoting the health, safety, morals or general welfare of the City. COMPREHENSIVE PLAN - The Comprehensive Plan of the City of Southlake, Texas, as adopted by the City Council of the City of Southlake. The Comprehensive Plan shall consist of a Land Use Plan, a Thoroughfare Plan, a Water System Plan, a Sanitary Sewer Plan, a Storm Drainage Plan, a Park System Plan, and such other plans as may be adopted from time to time by the City Council. 4-4 CONCEPT PLAN - An exhibit meeting the requirements of Section 41 of this Ordinance which is required to be submitted with zoning change requests in certain zoning districts. (As amended by Ordinance No. 480-M.) CONDOMINIUM - A multi-family dwelling facility within which designated units or apartments are conveyed by fee simple title, with an undivided interest in the building's common elements, to include, but not be limited to, halls, stairs, elevators, roofs, parking spaces, and the land. CONVALESCENT HOME - Any structure used for or occupied by persons recovering from illness or suffering from the infirmities of old age. COURT -An open, unoccupied space,bounded on three(3) or more sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard or other permanent space. DAY NURSERY-A facility, licensed by the State of Texas, for child care. DEVELOPMENT PLAN - An exhibit meeting the requirements of Section 40 of this Ordinance which is required to be submitted with zoning change requests in the Planned Unit Development District. (As amended by Ordinance No. 480-M.) DIRECTIONAL ANTENNA - A non-whip, panel or rectangular antenna used to achieve transmission or reception in a specific direction. (As amended by Ordinance No. 480-W.) DISH ANTENNA - Any antenna which incorporates a reflective surface that is designed to transmit or receive microwave signals from terrestrial and/or orbitally based uses. (As amended by Ord. No. 480-J.) DISTRICT (ZONING) - A section of the City of Southlake for which the regulations governing the use, area, height, and other development of land and buildings are uniform for each type and class of structure or use. DONATION BIN - A bin or similar structure used for the collection of clothes or non- perishable food items. DRIVE-IN RESTAURANT OR REFRESHMENT STAND - Any establishment where prepared foods, meals, or beverages are dispensed for consumption outside the building. DWELLING, SINGLE FAMILY - A detached building arranged, intended or designed for occupancy by one family. DWELLING, TWO-FAMILY - A detached or semi-detached building arranged, intended, or designed for occupancy by two families. tiw 4-5 DWELLING, MULTIPLE FAMILY - A building or portion thereof arranged, intended or designated for occupancy by three or more families, including, but not limited to, apartments, condominiums and townhouses. DWELLING UNIT - A building or portion of a building which is arranged, occupied, or intended to be occupied as living quarters for one family and including facilities for food preparation and sleeping. EFFICIENCY APARTMENT - An apartment having a combination living and bedroom (no separate bedroom). EIA-222 - Electronics Industries Association Standard 222, "Structural Standards for Steel Antenna towers and Antenna Support Structures." (As amended by Ordinance No. 480-W.) EMERGENCY ACCESS EASEMENT - An area other than a dedicated street or place, or an alley, which is maintained free and clear of buildings, structures and other obstructions for the purpose of providing free passage of service and emergency vehicles. FAMILY - One (1) or more persons who are related by blood or marriage, living together and occupying a single housekeeping unit with single kitchen facilities, or a group of not more than five (5) unrelated persons (excluding servants) living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities, on a non-profit, cost-sharing basis. FAMILY HOME - A community-based residential home containing not more than six (6) disabled persons and two (2) supervisory personnel, and which otherwise meets the requirements of the Community Homes for Disabled Persons Location Act, article 1011n, Tex. Rev. Civ. Stat. Ann. FENCE - Any construction or hedge greater than thirty (30) inches in height and of any material, the purpose of which is to provide protection from intrusion (both physical and visual), to prevent escape, mark a boundary, or provide decoration. A wall shall be considered a fence. Dikes and restraining walls for the purpose of diverting water and retaining soil are not classified as a fence. FLOOD PLAIN - An area identified by the Federal Emergency Management Agency as possibly being flood-prone, or below the immediate flood line (100-year flood plain). The issuance of building permits for construction of any structure within such flood plain is regulated by a specific ordinance governing the safeguards, preventive actions against flooding, types of uses permitted in flood-prone areas, etc. FLOOR AREA - The total (net) usable square footage of floor space within the interior wall of a building or room including each floor level, but excluding cellars, mechanical rooms, attics, carports or garages that are not designed for residential or business occupancy. 4-6 tior FORMAL SUBMITTAL - An application which meets the requirements of all applicable City ordinances, except for those items for which a variance is sought, and is deemed by the Administrative Official to have a clean review as defined herein. (As amended by Ord. No. 480-FF) FRONT YARD - See "YARD, FRONT." FRONTAGE - On interior lots, the front of a lot shall be construed as the portion nearest the street. On corner lots, the front of a lot shall be construed as the shortest boundary adjacent to a street. If the lot has equal frontage on two (2) or more streets, frontage shall be construed in accordance with the prevailing building pattern, or the prevailing lotting pattern if a building pattern has not been established, at the option of the applicant. On reversed frontage corner lots, the front of the lot shall be construed as the shortest boundary adjacent to a street; provided, however, that if the shortest boundary adjacent to a street is eighty (80) percent or more of the length of the longest boundary adjacent to a street, the applicant may select either frontage for the full depth front yard required, if lot width requirements for the district are met. On through lots, all portions adjacent to streets shall be considered in establishing [ frontage for regulatory purposes. If the Administrative Official finds that the pattern of `�""' lots and/or the pattern of required yards on lots adjacent to portions of the through lot is such as to justify a requirement that more than one frontage be provided on the lot, such additional frontage shall be required. GARAGE, MULTI-LEVEL PARKING (NON-RESIDENTIAL) — A structure, attached to or detached from the principal structure, having two or more levels, and being used primarily for the parking and storage of motor vehicles (as provided for in this ordinance) for which a fee may be charged by the owner or operator of such structure. (As amended by Ordinance No. 480-II.) GARAGE, PRIVATE (RESIDENTIAL) - An enclosed accessory building for storage only of motor vehicles, boats, travel trailers, and household goods owned and used by the owners or tenants of the premises. GARAGE, PUBLIC - A building or portion thereof designed or used for the storage, sale, hiring, care or repair of motor vehicles, which is operated for commercial purposes. GARAGE, SINGLE-LEVEL PARKING (NON-RESIDENTIAL) — An accessory structure, attached to or detached from the principal structure, being fully enclosed with a door, and used primarily for the parking and storage of motor vehicles (as provided for in this ordinance). (As amended by Ordinance No. 480-II.) 4-7 (6, GARAGE SALES - Occasional sales (garage sales and patio sales only) at retail, not to exceed two (2) in number on the same premises in any one calendar year, by a person who does not hold himself out as engaging in, or does not habitually engage in, the business of selling such property at retail; provided that (1) the sale shall be confined to the garage and/or patio of the premises; (2) no new merchandise acquired solely for the purpose of resale on the premises shall be sold at such occasional sale; (3) the duration of each such sale shall not exceed three (3) consecutive calendar days; (4) a permit shall be secured at least 72 hours prior to and shall be prominently posted on such premises during such sale; (5) the permit fee amount shall be as established by the City Council; (6) only one sign shall be permitted, not to exceed two (2) square feet in area, upon the premises where and when the sale is taking place. All other signs relating to the sale, either on or off the premises, shall meet the requirements of all sign regulations adopted by the City. GARAGE, STORAGE (PARKING) - A building or portion thereof, other than a private garage, used exclusively for parking or storage of self-propelled vehicles, but with no other services provided except facilities for washing. GRADES a. For buildings having walls adjoining one street only, it is the elevation of the sidewalk at the center of the wall adjoining the street; C,,,,, b. For buildings having walls adjoining more than one street, it is the average of the elevation of the sidewalk at the center of all walls adjoining the street; c. For buildings having no wall adjoining the street, it is the average level of the finished surface of the ground adjacent to the exterior wall of the building. Any wall approximately parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street. Where no sidewalk has been constructed, the Administrative Official shall establish such a sidewalk level or its equivalent for the purpose of these regulations. GROUND MOUNTED ANTENNA - Any antenna with its base mounted directly in the ground, even if such antenna is supported or attached to the wall of a building. (As amended by Ord. No. 480-J.) GUYED TOWER-A freestanding tower which requires the use of flexible guying cables or wires as the only or principle means of resisting the designed tower loads. (As amended by Ordinance No. 480-W.) HEIGHT OF BUILDING - The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building: 4-8 1. The elevation of the highest adjoiningsidewalk or ground surface within a 5-foot � horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above lowest grade. 2. An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in Item 1 above is more than 10 feet above lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building(U.B.C. '91 Edition). (As amended by Ordinance No. 480-D.) HEIGHT OF TELECOMMUNICATIONS TOWERS - The vertical distance measured from ground level to the highest point of the tower, including any attached antennas. (As amended by Ordinance No. 480-W.) HEIGHT OF YARD OR COURT - The vertical distance from the lowest level of such yard or court to the highest point of any boundary wall. HOME HOBBY SHOP - An accessory use housed in a dwelling or in an accessory building in which the residents of the premises engage in recreational activities, none of which shall be a nuisance and from which no revenue may be derived, and in which no goods are offered or advertised for sale, nor may any sign be used in connection therewith. HOME OCCUPATION - An occupation wholly within a dwelling unit provided that: a. No person other than members of the family residing on the premises shall be engaged in such occupation. b. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation; c. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, non-illuminated, and mounted flat against the wall of the principal building; d. No home occupation shall be conducted in any accessory building; e. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard; 4-9 f. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single family residence, or outside the dwelling unit if conducted in other than a single family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises; g. Home occupation uses shall not include beauty culture schools, barber and beauty shops,medical or chiropractic offices, or other uses of a similar nature and character. HOTEL OR MOTEL - A building or arrangement of buildings designed and occupied as temporary quarters for individuals who are lodged with or without meals, in which the rooms are usually occupied single for hire, and in which there are no provisions for cooking in individual rooms. HOUSING UNIT - A room or group of rooms used by one or more individuals living separately from others in the structure, with direct access to the outside or to a public hall and shall contain separate bathroom facilities and may contain separate kitchen facilities. (As amended by Ordinance No. 480-Y.) IEEE STANDARD - The most recently adopted "IEEE (Institute of Electrical and Electronic Engineer) Standard for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 Ghz" which establishes guidelines for human exposure to non-ionizing electromagnetic radiation ("NIER"). (As amended by Ordinance No. 480-W.) IMPERVIOUS COVERAGE - The combined area occupied by all principal and accessory buildings, structures, and paved parking, sidewalks, and driveway areas. (As amended by Ordinance No. 480-Y.) INDUSTRIALIZED BUILDING OR MODULAR BUILDING - A commercial structure that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent commercial site, and that is designed to be used as a commercial building when the modules or modular components are transported to the permanent commercial site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include any commercial structure that is in excess of three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. (or as amended under Texas Industrialized Housing and Building Act, Texas Civil Statutes, Article 5221f-1) (as amended by Ord. 480-QQ) INDUSTRIALIZED HOUSING OR MODULAR HOUSING — A residential structure that is designed for the use and occupancy of one or more families, that is constructed in one or more modules or constructed using one or more modular components built at a 4-10 (kir location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include any residential structure that is in excess of three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. The term shall not mean or apply to (i) housing constructed of sectional or panelized systems not using modular components; or (ii) any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location. (or as amended under Texas Industrialized Housing and Building Act, Texas Civil Statutes, Article 5221 f-1). (as amended by Ord. 480-QQ) JUNK - Scrap iron, scrap tin, scrap brass, scrap copper, scrap lead, or scrap zinc and all other scrap metals and their alloys, and bones, rags, used clothes, used rubber, used rope, used tinfoil, used bottles, old cotton, used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, used automobile or airplane tires, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition and subject to being dismantled for junk. KENNEL - A commercial establishment (with indoor and/or outdoor pens and runs) in Cer which dogs, cats, or domesticated animals are housed, boarded, groomed, bred, trained, or sold all for a fee or compensation. (As amended by Ordinance No. 480-C.) (As further amended by Ordinance No. 480-W.) KINDERGARTEN - A school for children of pre-public school age in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum. LANDSCAPE ADMINISTRATOR — The City Manager or his designee. (As amended by Ordinance No. 480-JJ.) LATTICE TOWER - A freestanding, open frame tower either rectangular, square or triangular in shape at the base. (As amended by Ordinance No. 480-W.) LDN (DAY-NIGHT AVERAGE SOUND LEVEL) - The A-weighted average sound level in decibels (re: 20 micropascals) during a 24-hour period (or specific multiple thereof, such as a year) with a 10-decibel weighing applied to night time sound levels (2200-0700). LEO - An average of the energy of the fluctuating sound during a specified period. The period may be of any length, and should be indicated. For example, Leq (0600 -2100). LOADING SPACE, OFF-STREET - Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking places are filled. Required off-street 4-11 tair loading space is not to be included as off-street parking space in computation of required off-street parking space. LOT - A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required, and having frontage on an approved public or private street. A lot may consist of a parcel of land designated as a lot on a plat filed in the County Plat Records. (As amended by Ordinance No. 480-D.) LOT COVERAGE - The percentage of the total area of a lot occupied by the base (first story of floor) of buildings located on the lot. LOT FRONTAGE - The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage yards, and yards shall be provided as indicated under YARDS in this Section. LOT LINES -The lines bounding a lot as defined herein. LOT LINE, FRONT -The boundary line between a lot and the street on which it fronts. LOT LINE, REAR - The boundary line which is opposite and most distant from the front c street line. In the case of uncertainty, the Administrative Official shall determine the rear lot line. LOT LINE, SIDE - Any lot boundary line not a front or rear line thereof. A side lot line may be a party lot line, a line bordering on an alley or place or side street line. LOT LINE, ZERO - A side lot line of a lot on which a structure or structures may be permitted to be constructed directly on a lot line; therefore, creating a side yard in which the width is zero. (As amended by Ordinance No. 480-U.) LOT MEASUREMENTS - See drawings on following two pages. a. Area of the lot shall be the area of the lot within the lot lines, expressed in square feet or acreage, including easements, and shall not include portions of any public street or alley. b. Depth of a lot shall be considered to be the distance between the midpoints 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(the mean horizontal distance between the front and rear lot line). c. Width of a lot shall mean the distance between the side property lines measured at the front building line. (As amended by Ordinance No. 480-C.) 4-12 LOT TYPES - The diagram below illustrates terminology used herein with reference to regular, corner, interior, reversed frontage and through lots. In the diagram, A is a corner lot, defined as a lot located at the intersection of two (2) or more streets. A lot abutting a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot (projected if rounded) meet at an interior angle of less than one hundred thirty-five (135) degrees. (See lots marked A(1) in the diagram.) B is an interior lot, defined as a lot other than a corner lot, and abutting only one (1) street. (Alleys shall not be considered as streets for purposes of this definition.) C is a through lot, defined as a lot other than a corner lot, and with frontage on more than one(1) street. Through lots abutting two (2) streets may be referred to as double-frontage lots. (Alleys shall not be considered as streets for purposes of this definition.) D is a reversed frontage lot, defined as a lot on which the frontage is at right angles or approximately right angles (interior angles less the one hundred thirty-five (135) degrees) to the general pattern in the area. A reversed frontage lot may also be in a corner lot (A- D in the diagram), an interior lot(B-D) or a through lot (C-D). MAIN (PRINCIPAL) BUILDING - The building or buildings on a lot which are occupied by the primary use. MANUFACTURED HOME, HUD-CODE - A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development(HUD), transportable in one or more sections, which, in the traveling mode, is eight (8)body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems with the appropriate label. The term does not include a recreational vehicle. (or as amended under Texas Manufactured Housing Standards Act, Texas Civil Statutes,Article 5221 f) (as amended by Ord. 480-QQ) MANUFACTURED HOME PARK - A residential development where a parcel of land under single ownership has been planned and improved for the placement of multiple manufactured homes, and leased or rented for residential occupancy. (as amended by Ord. 480-QQ) MANUFACTURED HOME SUBDIVISION — A residential development in which a parcel of land divided into individual single-family residential lots, and sold for manufactured home residential structures. (as amended by Ord. 480-QQ) 4-13 MANUFACTURED HOUSING OR MANUFACTURED HOME - A HUD-code manufactured home or a mobile home and collectively means and refers to both (or as amended under Texas Manufactured Housing Standards Act) (as amended by Ord. 480- QQ) MANUFACTURED HOUSING, LABEL -A device or insignia issued by the director(of the manufactured housing division of the Texas Department of Housing and Community Affairs) to indicate compliance with the standards, rules, and regulations established by the United Stated Department of Housing and Urban Development (HUD), and is permanently affixed to each transportable section of each HUD-code manufactured home constructed after June 15, 1976, for sale to a consumer. (or as amended under Texas Manufactured Housing Standards Act, Texas Civil Statutes, Article 5221 f) (as amended by Ord. 480-QQ) MASS GATHERING AREA - Any place maintained, operated, or used for a mass gathering event or assemblage. MASS GATHERING EVENT - A group of 200 or more persons assembled together for a meeting, festival, social gathering, entertainment, scheduled event or other similar event. MASSAGE - A process consisting of kneading, rubbing, or otherwise manipulating the skin of the body of a human being, either with the hand or by means of electrical instruments or apparatus, or other special apparatus, but shall not include massage by duly licensed physicians and chiropractors, and registered physical therapists who treat only patients recommended by a licensed physician and who operate only under such physician's direction, nor massage of the face practiced by beauty parlors or barber shops duly licensed under the penal code of the state. MINI WAREHOUSE - A totally enclosed facility involving one or more buildings and multiple individual units, the purpose of which is exclusively for the storage of goods. MINOR REVISIONS - Items such as labeling, spelling, or other items deemed to be minor by the Administrative Official. (As amended by Ord. No. 480-FF) MOBILE HOME - A structure that was constructed before June 15, 1976, transportable in one or more section, which, in the traveling mode, is eight (8) body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. (or as amended under Texas Manufactured Housing Standards Act, Texas Civil Statutes, Article 5221f) (as amended by Ord. 480-QQ) rkw MODULAR COMPONENT — A structural portion of any dwelling or building that is constructed at a location other than the home site in such a manner that its construction 4-14 cannot be adequately inspected for code compliance at a home site without damage or without removal of a part thereof and reconstruction. (as amended by Ord. 480-QQ) MOUNTED TELECOMMUNICATIONS ANTENNA - A telecommunications antenna that is part of a telecommunications system authorized by the Federal Communications Commission ("FCC") and that is affixed to the roof or other portion of a structure. This definition may include ancillary building housing electronic and communications equipment. (As amended by Ordinance No. 480-W.) MONOPOLE TELECOMMUNICATIONS TOWER - A freestanding, single pole structure which utilizes its base as the only or primary means of resisting the designed tower loads and which supports a platform and antennas that are part of a telecommunications system authorized by the Federal Communications Commission ("FCC"). This definition may include an ancillary building housing electronic and communications equipment. (As amended by Ordinance No. 480-W.) NONCOMMERCIAL USE - Any use permitted in the "AG," "RE," "SF-1A," "SF-1B," "SF-30," "SF-20A," "SF-20B," "R-P.U.D.," "MF-1," "MF-2," and "MH" districts. (As amended by Ord. No. 480-J.) NONRESIDENTIAL USE - Any use permitted in the "0-1," "0-2," "C-1," "C-2," "C-3," "C-4," "B-1," "B-2," "I-1," "I-2," "HC," "CS," "S-P-1," "S-P-2," and "Nonresidential P.U.D." (As amended by Ord. No. 480-J.) NONCONFORMING USE - A building, structure or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, and which does not conform to the use regulations of the district in which it is situated. OCCUPANCY - The use or intended use of land or buildings by proprietors or tenants. OFF-STREET- Off the right of way of a public street or place. OMNIDIRECTIONAL ANTENNA (also called whip antenna) - A dipole antenna of cylindrical shape which is no more than 6 inches in diameter which serves a 360-degree area. (As amended by Ordinance No. 480-W.) OPEN SPACE - An area of a lot either left in a natural state or receiving permeable vegetative landscape treatment (e.g., ponds and lakes, either natural or manmade, and water features, grass, shrubs, flowers, trees, ground cover, etc.). (As amended by Ordinance No. 480-Y.) OTHER TELECOMMUNICATIONS COMMUNICATION TOWER/ANTENNA - Any telecommunications communications tower or antenna that is part of a telecommunications system authorized by the Federal Communications Commission ("FCC"), but that is not covered by the definitions of mounted telecommunications 4-15 antenna or monopole telecommunications tower. (As amended by Ordinance No. 480- W.) OUTDOOR COMMERCIAL DISPLAYS — Outdoor display and/or sale of merchandise consisting only of products related to the merchandise offered for sale by the business within the main building structure on a lot. OUTDOOR SALES OR SERVICES —The offer or display for sale of any goods, wares, merchandise or services on private property separate and apart from the main building or at a location where there is no preexisting principal use. The goods, wares, merchandise or services offered for sale as outdoor sales or services are normally not offered for sale in the main building on the lot or in association with the principal use. OUTSIDE STORAGE, ANCILLARY- Outside storage and display of goods, materials, merchandise and equipment, parts,junk or vehicles (overnight parking) that encompasses a square footage which does not exceed 100% of the floor area of the principle building. OUTSIDE STORAGE, PRIMARY- Outside storage and display of goods, materials, merchandise and equipment, parts,junk or vehicles (overnight parking) that encompasses a square footage which exceeds 100% of the floor area of the principal building or outside storage and display of goods, materials, merchandise and equipment, parts,junk or vehicles used in conjunction with any use where no principal building is present. PARKING SPACE, OFF-STREET - For the purposes of this ordinance, an off-street parking space shall consist of 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 auto- mobiles 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. PARKING SPACE RATIO - The ratio of the parking spaces to one dwelling unit on the site. The total number of parking spaces is the minimum number of car spaces per dwelling unit for the district in which the site is located times the number of dwelling units. PARTY WALL - A common shared wall or abutting walls between two separate structures,buildings or dwelling units. (As amended by Ordinance No. 480-U.) PERMITTED USE - Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district. PERSONAL CARE FACILITY - An establishment that furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment; and provides personal care services; and in addition, provides minor 4-16 treatment under the direction and supervision of the resident's attending physician licensed by the Texas State Board of Medical Examiners, or services which meet some need beyond basic provision of food, shelter, and laundry. Incidental uses and/or services may include protective supervision, personal care, social and recreational services, transportation services, private or common kitchen/dining facilities, so long as such services are provided to residents only. (As amended by Ordinance No. 480-Y.) PLANNING AND ZONING COMMISSION - The agency appointed by the City Council as an advisory body to it and which is authorized to recommend changes in the zoning of property or the text of the Zoning Ordinance. PLAT - A plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the City of Southlake and subject to approval by the Planning and Zoning Commission. The plat must be prepared by a professional civil engineer registered in the State of Texas or a Public Surveyor registered in the State of Texas. Reference to a plat in this ordinance means an official plat of record which has been approved by the Planning and Zoning Commission and filed in the plat records of Tarrant County. PLATFORM - That portion of a monopole telecommunications tower that is located on top of the pole and that supports directional, transmitting, and receiving antennas. (As amended by Ordinance No. 480-W.) PLOT PLAN - A scaled drawing showing the property boundaries, proposed and existing structures and the distance to all property lines, and the appropriate yard setbacks. (As amended by Ordinance No. 480-D.) POLE MOUNTED ANTENNA - Any antenna with its base mounted to a pole which is supported by the ground or attached to the wall of a building. (As amended by Ord. No. 480-J.) PORTABLE BUILDING - A building which is preassembled off-site and designed to be moved from site to site. (As amended by Ordinance No. 480-A.) PREMISES - Land together with any buildings or structures occupying it. PRIVATE CLUB - A group of people associated with or formally organized for a common purpose, interest or pleasure, including organizations with facilities for the storage, sale,possession or serving of any alcoholic beverage permitted by the laws of the State of Texas, and where none of such facilities are available except to members or their guests. PRIVATE DRIVE (STREET OR PLACE) - An open, unoccupied space, other than a street or alley permanently established or reserved or dedicated in private ownership as tow street principal means of vehicular access to property abutting thereon. 4-17 tor PRIVATE PROPERTY — All property within the city except for property that is located within a public right-of-way or owned by a governmental agency. PROMOTER - A person who promotes a mass gathering event. In the event that no promoter exists, the owner or, in the event of his non-availability, the lessee of the ground encompassing the mass gathering area, shall be deemed to be the promoter. PROMOTE - Includes organize, manage, finance or hold a mass gathering event. PROPAGATION MAP - A map of the general area showing the coverage offered by the provider's existing towers/antennas and the projected coverage after the installation of the requested tower/antenna. (As amended by Ordinance No. 480-W.) QUARRY OR MINING - The storage, display or sale of ore, clay, stone, gravel, topsoil, or similar materials. The process of quarrying, mining, dredging, removing, screening, crushing and/or washing shall be a use included in this definition. This definition does not include the storage, display or sale of such materials when the same is incidental to • the operation of a use such as nurseries, hardware stores, etc., and which uses are already specifically provided for in specific district regulations otherwise in this ordinance. RECREATIONAL VEHICLE - A vehicular, portable structure built on a chassis, tiw designed to be used as a temporary dwelling, self-propelled or to be towed behind a motor vehicle without a special permit. REFUSE - All combustible or non-combustible putrescible or non-putrescible solid or liquid wastes. RESIDENCE - Same as a dwelling; also when used with the word District, an area of residential regulations. REVERSED FRONTAGE - Reversed frontage is a lot which has setback lines on both streets equal to the front setback line as required by the Zoning Ordinance unless such lots align back-to-back which would allow both lots to show a side yard setback along the side street. (As amended by Ordinance No. 480-C.) ROOF MOUNTED ANTENNA - Any antenna with its base mounted directly to the roof or any projection from the roof(i.e. chimney.) (As amended by Ord. No. 480-J.) ROOM - A building or portion of a building which is arranged, occupied or intended to be occupied as a living or sleeping quarters,but not including toilet or cooking facilities. ROOMING HOUSE - See "BOARDING HOUSE." 4-18 SANITARY FACILITIES - Toilets, privies, lavatories, urinals, drinking fountains, and any service building or room provided for installation and use of these units. SANITARY LANDFILL - A site for the accumulation of refuse or other discardable materials which are to be covered over with soil and/or fill material. This definition shall not be construed as and is separate from that of a Junk or Salvage Yard. SCREENING, OPAQUE (Type I) - A screen that is opaque from the ground to a height of at least 8' that excludes all visual contact between uses and creates a strong impression of visual and spatial separation. An opaque screen is impervious to the passage of light and may consist of a wall or fence. SCREENING, SEMI-OPAQUE (Type II) - Opaque from the ground to a height of at least 8' with intermittent visual obstruction that creates a strong impression of visual and spatial separation. A semi-opaque screen may be composed of a mesh material used in combination with a wrought iron fence, landscaped earth berm, planted vegetation, or existing vegetation. A semi-opaque screening device allows the passage of some light but obscures the material behind the screening device such that it is not prominently displayed. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. Cor SCREENING, BROKEN (Type III) - A screen composed of inteiinittent visual obstructions from the ground to a height of at least 8'. The broken screen is intended to create the impression of separation of spaces without necessarily eliminating visual contact between the spaces. The screening portion may be opaque or semi-opaque and consist of a wall, fence, landscaped earth berm, planted vegetation or existing vegetation. Obstructed portions of the screen shall be a minimum of 20' in length. Unobstructed openings shall not be more than 20' in length. Compliance of planted vegetation screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of subject species, or field observation of existing vegetation. SERVANTS AND FAMILY QUARTERS - An accessory building located on the same lot with the main building and used as living quarters by servants employed on the premises or by the family of the owner of the premises and not to be rented or otherwise used as a separate domicile. SETBACK - The minimum horizontal distance between the front wall of any projection of the building, excluding steps and unenclosed porch, and the street line. (Same as BUILDING LINE.) SIGN - Any device designed to inform or attract the attention of persons not on the premises on which the sign is located, provided, however, that the following shall not be included in the application of the regulations herein: 4-19 a. Signs not exceeding one square foot in area and bearing only property numbers, postal box numbers, names of occupants of premises, or other identification of premises not having commercial connotations; b. Flags and insignia of any government except when displayed in connection with commercial promotion; c. Legal notices; identification, informational, or directional signs erected or required by governmental bodies; d. Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights. e. Any sign otherwise allowed or permitted by a sign ordinance of the City, where such ordinance contains provisions inconsistent with this ordinance. In such instances, the sign ordinance shall be given effect over the terms of this ordinance. SITE-BUILT HOME — A residential structure or building that is constructed on a permanent foundation and of components assembled entirely at the permanent home site. Site-built homes meet all applicable state and local building codes. (as amended by Ord. 480-QQ) SITE PLAN-An exhibit meeting the requirements of Section 40 of this Ordinance which is required to be submitted prior to the issuance of a building permit or with zoning change requests in certain zoning districts. (As amended by Ordinance No. 480-M.) SPECIAL EXCEPTION - A special exception is a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning district as special exceptions if specific provision for special exception is made in this Zoning Ordinance, and if such special exception is approved by the Board of Adjustment. SPECIFIC USE PERMIT - A permit recommended by the Planning and Zoning Commission and authorized by the City Council for the use of land or structures in accordance to the provisions in Section 45. (As amended by Ordinance No. 480-C.) STORY - That part of a building included between the surface of one floor and the surface of the floor next above, or if there be no floor above, that part of the building which is above the surface of the highest floor thereof. A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first story is the highest story having its interior floor surface not more than four(4) feet above the adjoining ground level. Cr' 4-20 STREET - A public way between two right-of-way lines, other than an alley or private drive, which has been dedicated or deeded to the public and accepted by the City for public use and affords a principal means of access (vehicular or otherwise) to property abutting thereon, as well as for utilities and sidewalks. STREET LINE - The dividing line between the street and the abutting property. STRUCTURE - Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, struc- tures include buildings, mobile homes, walls, fences,billboards, and poster panels. STRUCTURAL ALTERATIONS - Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial changes in the roofs or exterior walls, excepting such repair or replacement as may be required for the safety of the building, but not including openings in bearing walls as permitted by the City Building Code. THOROUGHFARE (OR COLLECTOR STREET) - As defined in the City's latest approved Comprehensive Plan. TOURIST HOME OR DUDE RANCH - A dwelling in which accommodations are provided or offered for transient or temporary guests for compensation. TOWNHOUSE - A single-family dwelling facility constructed in a series or group of units having common walls, each as a separate lot. TRACT - An unplatted parcel of land described by metes and bounds and typically recorded in the County deed records. (As amended by Ordinance No. 480-D.) TRAVEL TRAILER - A mobile vehicle built on a chassis and designed and used as a temporary place of dwelling and of such size and design as to be subject to licensing for towing on the highway by a passenger motor vehicle or other prime mover and not requiring a special permit for moving on the highway as contrasted to a mobile home. VARIANCE - A variance is a relaxation of the terms of the Zoning Ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in an unnecessary hardship. YARD, FRONT - A yard extending between side lot lines across the front of a lot adjoining a public street (see drawings on pages 4-21 and 4-22). In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. In the case of corner lots which do not have reversed frontage, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern, and a second front 4-21 yard of the depth required for second front yards in the district shall be provided on the other frontage. In the case of reversed frontage corner lots, a front yard of the required depth shall be provided on either frontage, and a second front yard of the depth required for the second front yards in the district shall be provided on the other frontage. In the case of corner lots with more than two frontages, the Administrative Official shall determine the front yard requirements, subject to the following limitations: a. At least one front yard shall be provided having the full depth required generally in the district; b. No other front yard on such lot shall have less than the minimum required second front yard for corner lots. Depth of required front yards shall be measured at right angles to the front lot line. YARD, REAR - A yard extending across the rear of the lot between lot lines. In the case of through lots, there will be no rear yards, but only front and side yards. All other lots will have a rear yard. (See drawings on pg. 4-19 and 4-20.) Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line. In cases where a rear lot line is not evident, or if evident but not parallel to the front building line, the minimum rear yard requirement shall be the distance from the rearmost point of the lot along a line from that point drawn perpendicular to a line drawn from the foremost points of the two side lot lines, providing that the rear yard is parallel to at least one lot line along the rear of the lot. YARD, SIDE - A yard extending from the rear line of the required front yard to the front of the required rear yard, or in the absence of any clearly defined rear lot line, to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of through lots, side yards shall extend from the rear lines of the two required front yards. (See drawings on pp. 4-19 and 4-20.) Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line. ZONING MAP (OFFICIAL) - The official certified map upon which the boundaries of the various zoning districts are drawn and which is an integral part of the Zoning Ordinance. 4-22 Cie • LINE T— FRONT TARO--r— ——�- — 1 1 ^ '� — FRONT Y.U '_ -Y+C f FRONT YMO 1 tun. _ BUiGtrC lNE tvrirc — R% ........ . LOTvrtOTN 1 / LOT MfIOTN I , LOT"ROTH / I [ / \ t . 1 t I l \ / ► _ —__L— J _ _a. : (A) (B) — (C) 1 . LOT W1OTH • STREET 1 — ,_ .7 STREET 1 1 I = ' I LOT AREA t5 CALCULATEDa • EXCLUDING ALLEYS AND I O m I, STREETS JO t O -II LOT aEA MAY INCLUDE I I EASEMENTS ON LOT I _ I I I ......_6 is-:-.-_ A LLEY - -Afa,-(F 1.--___...L.... , ..... _ —___ (A) (a) - 2- LOT AREA&DEPTH =sees { STREET fRONTTAROI � t ►«DoOIMTO:1 J FRONT YARD / 1 LOT LINE _ i BUG STRUCTURE ........ l AREA 8UZGWC LINE N I — — REAR YAno REAA Ya.Fo `1 NO ALLEY OR EA3EJ Eier — (A) ��- 3 . YARDS 4-21 tir 4-23 C SrZater near. OP LOT _ SS SD/ OE LEAST a��GTOY rECNT YARD • L„ �'DL? �CLo }S to ec r•• so ON rLA • 1'_ .' a I APPSOW D NY _ I. srez=- .. u. u . :.l 1 s racer: Le; r. t s zmasLOT PLATTED PRSOR LOT Ia TO ssrzCzr_CAT nRZZ Cr ' 7709T fOr C Oi1Q a� i S!A•PRTm OH MILT 4- CORNER LOT s:REEr FRONT YARD` 1 7 (liwSTANDARD FRONT -= i YARDS BOTH __ %y FRONTAGES I• S S. MTrdCO OF MSAStJfi1 i 6ttiLODIG UNE K. —'' FFC TYPO ( I • ASP£easF� i ! REAR YAM] PROPERTYFRONT YAROI11 1 1fRON Y.ie;D SPEC.IED FRCS TARO .1UNE STREETIca.: 6. COU3LE FRONTAGE LOTS • • SF-1 SF-1 SF-1 -ISF-20 SF-20 ! CS C-1 1 - STRETY "ro.r,y10 MI YAMS LOWealadl TMOUC+[X- 7 1-1 OtOCK.Ccorp.T,TO TFQ ros r AEsnacl 4 i cnnncrsr..c,MOs 7. FRONT TARO WHERE ZONING CHANGES IN A BLOCK 4-22 L 4-24 c. PROPOSED CHANGES TO THE ZONING ORDINANCE-SECTION � 34-ACCESSORY USES SECTION 34 ACCESSORY USES (As Amended by Ordinance No. 480-LL) (As Amended by Ordinance No. 480-QQ) (As Amended by Ordinance No. 480-SS) 34.1 AUTHORIZED ACCESSORY USES -In addition to other uses which are customarily incidental to the principal use of the premises,the following accessory uses are specifically authorized in the listed zoning district when constructed or operated in conjunction with an appropriate principal use: ACCESSORY USE District Where Permitted a. Barns,stables,granaries,pump houses,water tanks and silos;but not including slaughter houses or AG processing of agricultural products,animals or poultry. b. Equipment Sheds AG,RE c. Accessory buildings enclosing equipment or activities in conjunction with the permitted principal ALL uses. No accessory use shall be construed to permit the keeping of articles or materials in the open or outside the building unless specifically permitted in Section 40 of this ordinance. d. Private stables in areas other than the Agricultural District for the keeping of grazing animals, RE, SF-1A, SF-1B provided: (where the lot on which the structure 1. Ground accumulations of manure shall be collected and properly disposed of so as not to will be located create offensive odors, fly breeding, or in any way become a health hazard or nuisance to contains the same humans or animals. minimum lot square footage required in 2. Fences for pens, corrals or similar enclosures shall be of sufficient height and strength to the SF-1A and SF-1B properly retain the grazing animal(s)on the premises. zoning category) SF-30 (where the lot 3. The minimum space area upon which such grazing animal(s) may be enclosed, including on which the structure pasture,pens,corrals,and stables,shall not be less than fifteen thousand(15,000)square feet will be located per each grazing animal over five hundred (500)pounds and not less than five thousand contains the same (5,000)square feet for any other grazing animal. minimum lot square footage required in 4. All enclosures for animals as provided under the terms of this subsection shall be placed a the SF-IA and SF-IB minimum of twenty-five(25) feet from the boundary of any adjoining lot or tract which is zoning category) zoned in a residential category. e. Private residential garages,carports and related storage buildings and greenhouses accessory to AG,RE,SF-1A,SF- permitted residential uses. (As amended by Ord.480-G.) 1B,SF-30,SF-20A, SF-20B,MF-1,MF-2, MH,DT* f. Private swimming pool,wading pools,and game courts(lighted and unlighted),provided that if AG,RE,SF-1A, lighted,the lighting shall be so directed and shielded so as not to shine directly on any adjacent SF-1B,SF-30, Coe residential property;and further provided that any such pool or game court is for the private use of SF-20A,SF-20B, *Shall apply only to approved single-family residential uses in the DT zone 34-1 the site occupants and their guests,and not operated as a business. All"at grade"swimming pools MF-1,MF-2,MH with a water depth greater than twenty-four(24)inches and"above grade"swimming pools having a water depth twenty-four(24)inches or more,except for portable tot pools,shall be enclosed by a fence and gate of a height so designated by Ordinance 481 as well as the Uniform Building Code (whichever is the most restrictive)of such material and design to discourage unauthorized entry to the facility. Ornamental pools or ponds designed for decorative purposes and having a depth less than twenty-four(24)inches are not subject to a special fencing requirement and may be located within required front or rear yards provided that they maintain a minimum ten foot(10')setback from the closest property line. All other pool(s)may be located in a side or rear yard,but not within a front yard nor forward of the principal building on the lot,and shall not be located closer than five feet(5')to any side or rear property line nor be located any closer than five feet(5')to another structure. (As amended by Ordinance No.480-C.) g. Lanais, gazebos, greenhouses garden and patio shelters, sun decks, and children's playhouses, AG,RE, SF-1A, provided the privacy enjoyed by adjacent residential dwellings is not impaired. SF-1B,SF-30, SF-20A,SF-20B, MF-1,MF-2,MH, DT* h. Required off-street parking and loading spaces. All i. Home occupation uses,as defined by this ordinance. AG,RE,SF-1A, SF-1B, SF-30, SF-20A,SF-20B, MF-1,MF-2,MH, (111," DT* j. Parking and storage of private boats,camper trailers or other recreational vehicles in conformance AG,RE, SF-1A, with Section 35. SF-1B,SF-30, SF-20A,SF-20B, MF-1,MF-2,MH k. Model and/or sample homes for the purpose of promoting sales shall be permitted,providing these AG,RE,SF-1 A, structures are located on and within the same tract or subdivision of land being developed for sale. SF-1 B,SF-30,SF- 20A,SF-20B,MY-1, MH,DT* 1. Signs for advertising uses on the premises. HC,0-1,0-2, C-1,C-2,C-3, C-4,B-1,B-2,DT**, I-1 and I-2 m. Tennis courts,health clubs,and related recreation facilities provided they are for the primary use HC,DT** of guests,customers or persons associated with the principal use. n. Retail uses which are reasonably related to the principal uses within the structure provided they do 0-1,0-2,B-1,I-1, not exceed fifteen(15)percent of the floor area of the building. I-2 o. On site storage of records or file materials which are ancillary to or a portion of the office or 0-1,0-2,DT**,B-1, business activities conducted within the principal office use(an example of this activity would be I-1 the file storage and records required by a title company operation). *Shall apply only to approved single-family residential uses in the DT zone **Shall apply only to non-residential uses and mixed-use buildings in the DT District 34-2 Cori p. Retail activity of a service nature designed to provide direct service support to the businesses 0-1,0-2,B-1 and employees who occupy the remainder of the office complex. This would be limited to those activities which are clearly supportive of office operations,such as food service in the nature of cafeterias or snack bars,news stands or gift shops providing reading material and small,consumable sundries,pharmacies or drug stores,particularly when co-located with medical or medical related office facilities,office supply stores or outlets providing support to businesses within the complex itself(stores operating under this provision shall not be limited only to sales within the office complex,but should clearly be aimed at marketing primarily within the immediate vicinity of the complex site). q. Feeding pen(not commercial)accessory to farm use AG r. Retail sales incidental to principal activity I-1,I-2 s. Such other service activities as are clearly found to be directed at supporting the employees or 0-1,0-2,B-1 business operations of the office complex. In no event shall the area allocated to retail sales exceed fifteen(15)percent of the net usable square footage of each office structure. All retail operations undertaken pursuant to this provision shall involve no outdoor storage or sales and all signage for such activities shall be contained wholly within the office structure in which the retail operation is established. No outside advertising shall be permitted. t. (Deleted by Ordinance No.480-Z.) u. (Deleted by Ordinance No.480-U.) v. Office or administrative areas and activities supportive of the permitted principal uses. I-1,I-2,B-1,B-2 w. The resale of used merchandise conducted by a retail sales establishment when such resale is C-2,C-3,C-4,B-1,B- clearly secondary to and related to the sale of new merchandise. The resale of used merchandise 2,DT**,I-1,I-2 shall be limited in that used merchandise displayed for sale may not exceed 20% of the total merchandise displayed for sale. x. Public, semi-public and private parks; recreation and open space including playgrounds, ALL parkways, greenbelts, ponds and lakes, botanical gardens, pedestrian paths, bicycle paths, equestrian bridle trails,nature centers,bird and wildlife sanctuaries. y. One temporary construction facility and/or one temporary sales facility by a Developer,including ALL manufactured housing,not to exceed 500 square feet per facility,only during actual construction for a period not to exceed two(2)years and located on property being developed. z. Temporary concrete batching or transient mix plant for ninety(90)days plus one(1)thirty ALL (30)day extension.(As amended by Ordinance No.480-D.) aaa Tents f r the p r a of otin et..il ..lv F o,t of a d• t. t. di (23) ' r� Y b" "Y" CS,C-1,C-2,C-3,C- 4,B-1,B-2,I-1,I-2, of t e Uni f r. d t le 32 ended rt steal "t t tti a t S-P-1,S-P-2,NR- rega,llations efa -'b t,t ,t tr t t. •t b pl" ed N, e tt." PUD by Ord.180 H.) **Shall apply only to non-residential uses and mixed-use buildings in the DT District ***Special Use Permit Required 34-3 aa. Noncommercial and nonresidential antennas: All antennas must be inspected and permitted by the building official in accordance with the city's building code. The height of antennas shall be measured in the same manner as the height of a building as determined in accordance with Section 4.2.Antennas installed for the purpose of municipal communications are exempted from the requirements of this section. (As amended by Ord.No.480-J) (1) Noncommercial television satellite dishes and noncommercial radio and television AG,RE, SF-1A,SF- receiving antennas: 1B,SF-30, SF-20A, SF-20B,R-PUD,MF- Satellite dishes Max.Ht. Dish Size Location 1,MF-2,MH,DT** (1 per site) (Max.Diameter) PLOT PLAN Type: REQUIRED Roof Mount 35' 10' Rear of roof not visible from public R.O.W. in front of dwelling Pole Mount 35' 10' Rear yard:> 10'from rear property Ground Mount 15' 10' line&> 10'from side property line or behind the principal dwelling but not in the side yard(not visible from public R.O.W.in front of TV Receiving dwelling) Antenna(1 per site) Roof Mount 35' N/A '` Pole Mount 35' Rear of roof fir+ 35' N/A Behind the principal dwelling,but not in the side yard (2) Noncommercial radio transmitting antennas limited to 65'in height. Must be located AG,RE,SF-1A,SF- behind the principal dwelling,but not in the rear yard. Must be no closer to a property line 1B,SF-30, SF-20A, than the maximum height of the antenna. (Complaints concerning electrical,radio,or SF-20B,R-PUD,MF- television signal interference shall be referred to the FCC.) 1,MF-2,MH PLOT PLAN REQUIRED (Previous subparagraph(3)deleted in its entirety and renumbered as below by Ordinance No.480-W.) (3) Nonresidential satellite dishes accessory to the principal permitted use on site. 0-1,0-2,C-1,C-2,C- 3,C-4,B-1,B-2,I-1, Twe: Max.Ht. Dish Size Location I-2,HC,S-P-2,S-P-1, (Max.Diameter) CS,NR-P.U.D. Roof Mount 35' 10' Rear of roof not visible from public PLOT PLAN R.O.W.in front of principal REQUIRED structure Pole Mount 35' 10' Rear yard:> 10'from rear property Ground Mount 15' 10' line&> 10'from side property line or behind the principal structure but not in the side yard(not visible from public R.O.W.in front of principal structure) 34-4 toe bb. Shopping carts. Cart collection areas in parking lots shall not be placed in any required parking CS,C-1,C-2,C-3,C- space. Shopping carts shall not be stored outdoors for any site approved after September 4,2001 4,S-P-1,S-P-2,and unless screened from the public right-of-way by a four(4)foot masonry wall. PUD,DT** cc. Outdoor display of prepackaged ice machines and vending machines may be stored outdoors CS,C 1,C-2,C 3,C- provided that the machine(s)are not clearly visible from the public right-of-way or adjacent 4, S P-1,S-P-2,and PUD,DT** residential property. Sibma e on prepackage ice and vending machines shall not be readily identifiable by type or product name from adjacent public streets. dd. Outdoor commercial displays(See section 34.3 for specific regulations). CS,Cl,C2,C3,C4,I- 1,I-2,B-1,B-2,HC, DT ee.Yard or garage sales,subject to the following requirements: AG,RE,SF-1A, SF- 1B, SF-20A,SF-20B, 1. No more than 3 garage sales within any 12 month period may occur. SF-30,MF-1,MF-2 2. The duration of the sale shall not exceed 72 hours. ff.Fund raising/sales. This activity may take place if the sole purpose is for raising funds to support CS,CI,C2,C3,C4,I- community service organizations,public charities,or non-profit organizations and the 1,1-2,B-1,B-2,HC, following conditions are met: DT 1. The solicitation or sales activity is restricted to privately owned land. 2. The solicitation or sales activity is restricted ton area that will not impede the normal flow of vehicular and customer traffic so as to create a traffic hazard,or other hazard to the public. 3. The organization has permission of the owner or lessee of the land. 4. The duration of the fund raiser activity shall not exceed seven(7)consecutive days; provided that fund raising and sales that take place inside a a permanent structure shall not be subject to this limitation. gg.Mass gathering events. This activity is authorized as an accessory use if it occurs: ALL 1. in a permanent structure designed, constructed and approved by the Fire Marshal for the occupancy load of the event,with sufficient permanent sanitary facilities,as required by the Uniform Building Code and sufficient parking facilities as required by this ordinance;or 2.on a tract of land which is at least 10 acres in size,and the mass gathering area is at least 200 feet from the adjacent property, and the site will accommodate the required parking of cars of attendees on-site. 34.2 ACCESSORY BUILDING - The following regulations shall govern the location and use of any accessory building: (As amended by Ordinance No. 480-C.) **Shall apply only to non-residential uses and mixed-use buildings in the DT District ***Specific Use Permit Required 34-5 a. Accessory buildings having a permanent foundation shall be erected no closer than ten feet(10')to a property line located in the rear yard. Those structures not on a permanent foundation may be placed as close as five feet (5') to a property line located in the rear yard. b. No accessory building shall be erected within ten feet (10') of any other building, except that detached residential garages may be located not closer than five feet (5') to the main dwelling. c. No accessory building shall be constructed upon a lot until the construction of the principal building or use has actually been commenced, and no accessory building shall be used unless the main building in a lot is completed and used. d. No accessory building shall be used for dwelling purposes other than by domestic servants employed entirely on the premises or by family members and only in compliance with individual district regulations. e. Accessory buildings shall not exceed one story or fourteen feet (14') in height. f. No accessory building shall be located forward of the principal building on the lot. 34.3 OUTDOOR COMMERCIAL DISPLAYS - The following regulations shall govern the type and location of outdoor commercial display items at permanent business locations: a. Items or merchandise which may be stored and displayed outside of a permanent business location without screening includes the following items and similar types of items: 1) living plant materials; 2)bundled firewood; 3) merchandise associated with the holidays; and 4)mechanical equipment associated with lawn and garden care and maintenance if such display shall be in conjunction with a promotional event and such equipment shall not be stored outside more than three (3) continuous days and must be removed and returned indoors at the end of each business day). b. No other items or merchandise shall not be stored outside unless screened in accordance with the requirements of Section 39. c. No more than 50% of the pedestrian path, sidewalk or hard surface area located parallel to the front of the building intended for the egress of pedestrians along the front of the building shall be used for storage,provided that the remaining pedestrian path, sidewalk or hard surface area shall be not less than 5' in width(See Exhibit 34-A). d. The storage area shall not exceed 30%of the linear frontage of the principal building(See Exhibit 34-B). e. The merchandise for sale shall not be located further than 15' from the principal building. 34-6 f. The merchandise for sale shall not be located within required landscaped areas,required parki ng areas, fire lanes, fire access ways, or exit ways and is located on an all weather surface. g. The display of merchandise shall be maintained in a neat, orderly manner and not be stacked higher than a height of four(4)feet. Height regulations shall not apply to living plant materials or the sale of Christmas trees. h. Packaged materials displayed outdoors shall not be readily identifiable by type or product name from adjacent public streets or adjacent residential property by reason of package labels,sales tag markers, signs or otherwise. i. The display of such merchandise must not impede traffic flow or block site distance on the street. Li, 34-7 SECTION 34 ACCESSORY USES (As Amended by Ordinance No. 480-LL) (As Amended by Ordinance No. 480-QQ) (As Amended by Ordinance No. 480-SS) 34.1 AUTHORIZED ACCESSORY USES -In addition to other uses which are customarily incidental to the principal use of the premises,the following accessory uses are specifically authorized in the listed zoning district when constructed or operated in conjunction with an appropriate principal use: ACCESSORY USE District Where Permitted a. Barns,stables,granaries,pump houses,water tanks and silos;but not including slaughter houses or AG processing of agricultural products,animals or poultry. b. Equipment Sheds AG,RE c. Accessory buildings enclosing equipment or activities in conjunction with the permitted principal ALL uses. No accessory use shall be construed to permit the keeping of articles or materials in the open or outside the building unless specifically permitted in Section 40 of this ordinance. (pp d. Private stables in areas other than the Agricultural District for the keeping of grazing animals, RE,SF-1A,SF-1B provided: (where the lot on which the structure 1. Ground accumulations of manure shall be collected and properly disposed of so as not to will be located create offensive odors, fly breeding, or in any way become a health hazard or nuisance to contains the same humans or animals. minimum lot square footage required in 2. Fences for pens, corrals or similar enclosures shall be of sufficient height and strength to the SF-1A and SF-1B properly retain the grazing animal(s)on the premises. zoning category) SF-30(where the lot 3. The minimum space area upon which such grazing animal(s) may be enclosed, including on which the structure pasture,pens,corrals,and stables,shall not be less than fifteen thousand(15,000)square feet will be located per each grazing animal over five hundred (500) pounds and not less than five thousand contains the same (5,000)square feet for any other grazing animal. minimum lot square footage required in 4. All enclosures for animals as provided under the terms of this subsection shall be placed a the SF-1A and SF-IB minimum of twenty-five(25) feet from the boundary of any adjoining lot or tract which is zoning category) zoned in a residential category. e. Private residential garages,carports and related storage buildings and greenhouses accessory to AG,RE, SF-1A, SF- permitted residential uses. (As amended by Ord.480-G.) 1B,SF-30,SF-20A, SF-20B,MF-1,MF-2, MH,DT* f. Private swimming pool,wading pools,and game courts(lighted and unlighted),provided that if AG,RE, SF-1A, lighted,the lighting shall be so directed and shielded so as not to shine directly on any adjacent SF-1B,SF-30, residential property;and further provided that any such pool or game court is for the private use of SF-20A,SF-20B, *Shall apply only to approved single-family residential uses in the DT zone 34-1 the site occupants and their p guests,and not operated as a business. All"at grade"swimming pools MF-1,MF-2,MH with a water depth greater than twenty-four(24)inches and"above grade"swimming pools having a water depth twenty-four(24)inches or more,except for portable tot pools,shall be enclosed by a fence and gate of a height so designated by Ordinance 481 as well as the Uniform Building Code (whichever is the most restrictive)of such material and design to discourage unauthorized entry to the facility. Ornamental pools or ponds designed for decorative purposes and having a depth less than twenty-four(24)inches are not subject to a special fencing requirement and may be located within required front or rear yards provided that they maintain a minimum ten foot(10')setback from the closest property line. All other pool(s)may be located in a side or rear yard,but not within a front yard nor forward of the principal building on the lot,and shall not be located closer than five feet(5')to any side or rear property line nor be located any closer than five feet(5')to another structure. (As amended by Ordinance No.480-C.) g. Lanais, gazebos, greenhouses garden and patio shelters, sun decks, and children's playhouses, AG,RE,SF-1A, provided the privacy enjoyed by adjacent residential dwellings is not impaired. SF-1B,SF-30, SF-20A,SF-20B, MF-1,MF-2,MH, DT* h. Required off-street parking and loading spaces. All i. Home occupation uses,as defined by this ordinance. AG,RE,SF-1A, SF-1B,SF-30, SF-20A,SF-20B, MF-1,MF-2,MH, DT* j. Parking and storage of private boats,camper trailers or other recreational vehicles in conformance AG,RE,SF-1A, with Section 35. SF-1B, SF-30, SF-20A,SF-20B, MF-1,MF-2,MH k. Model and/or sample homes for the purpose of promoting sales shall be permitted,providing these AG,RE,SF-1 A, structures are located on and within the same tract or subdivision of land being developed for sale. SF-1B,SF-30,SF- 20A,SF-20B,MF-1, MH,DT* 1. Signs for advertising uses on the premises. HC,0-1,0-2, C-1,C-2,C-3, C-4,B-1,B-2,DT**, I-1 and I-2 m. Tennis courts,health clubs,and related recreation facilities provided they are for the primary use HC,DT** of guests,customers or persons associated with the principal use. n. Retail uses which are reasonably related to the principal uses within the structure provided they do 0-1,0-2,B-1,I-1, not exceed fifteen(15)percent of the floor area of the building. I-2 o. On site storage of records or file materials which are ancillary to or a portion of the office or 0-1,0-2,DT**,B-1, business activities conducted within the principal office use(an example of this activity would be I-1 the file storage and records required by a title company operation). *Shall apply only to approved single-family residential uses in the DT zone **Shall apply only to non-residential uses and mixed-use buildings in the DT District 34-2 p. Retail activity of a service nature designed to provide direct service support to the businesses 0-1,0-2,B-1 and employees who occupy the remainder of the office complex. This would be limited to those activities which are clearly supportive of office operations,such as food service in the nature of cafeterias or snack bars,news stands or gift shops providing reading material and small,consumable sundries,pharmacies or drug stores,particularly when co-located with medical or medical related office facilities,office supply stores or outlets providing support to businesses within the complex itself(stores operating under this provision shall not be limited only to sales within the office complex,but should clearly be aimed at marketing primarily within the immediate vicinity of the complex site). q. Feeding pen(not commercial)accessory to farm use AG r. Retail sales incidental to principal activity I-1,I-2 s. Such other service activities as are clearly found to be directed at supporting the employees or 0-1,0-2,B-1 business operations of the office complex. In no event shall the area allocated to retail sales exceed fifteen(15)percent of the net usable square footage of each office structure. All retail operations undertaken pursuant to this provision shall involve no outdoor storage or sales and all signage for such activities shall be contained wholly within the office structure in which the retail operation is established. No outside advertising shall be permitted. t. (Deleted by Ordinance No.480-Z.) u. (Deleted by Ordinance No.480-U.) v. Office or administrative areas and activities supportive of the permitted principal uses. I-1,I-2,B-1,B-2 (or w. The resale of used merchandise conducted by a retail sales establishment when such resale is C-2,C-3,C-4,B-1,B- clearly secondary to and related to the sale of new merchandise. The resale of used merchandise 2,DT**,I-1,I-2 shall be limited in that used merchandise displayed for sale may not exceed 20% of the total merchandise displayed for sale. x. Public, semi-public and private parks; recreation and open space including playgrounds, ALL parkways, greenbelts, ponds and lakes, botanical gardens, pedestrian paths, bicycle paths, equestrian bridle trails,nature centers,bird and wildlife sanctuaries. y. One temporary construction facility and/or one temporary sales facility by a Developer,including ALL manufactured housing,not to exceed 500 square feet per facility,only during actual construction for a period not to exceed two(2)years and located on property being developed. z. Temporary concrete batching or transient mix plant for ninety(90)days plus one(1)thirty ALL (30)day extension.(As amended by Ordinance No.480-D.) as Tenta-for-the purrserif- ♦ '1 1 F o,] et di t. t. th (23) CS,C-1,C-2,C-3,C- r shall be s. acted d •th t 4,B-1,B-2,I-1,I-2, of the TT«:F Fir Co ie _A,ti le 32 e«7e l S-P-1,S-P-2,NR- regulati ftt b t.. t h' hit is be ple ed N tL PUD a by Ord. 480 H.) **Shall apply only to non-residential uses and mixed-use buildings in the DT District ***Special Use Permit Required 34-3 aa. Noncommercial and nonresidential antennas: All antennas must be inspected and permitted by the building official in accordance with the city's building code. The height of antennas shall be measured in the same manner as the height of a building as determined in accordance with Section 4.2.Antennas installed for the purpose of municipal communications are exempted from the requirements of this section. (As amended by Ord.No.480-J) (1) Nonconunercial television satellite dishes and noncommercial radio and television AG,RE, SF-1A, SF- receiving antennas: 1B,SF-30,SF-20A, SF-20B,R-PUD,MF- Satellite dishes Max.Ht. Dish Size Location 1,MF-2,MH,DT** (1 per site) (Max.Diameter) PLOT PLAN Type: REQUIRED Roof Mount 35' 10' Rear of roof not visible from public R.O.W.in front of dwelling Pole Mount 35' 10' Rear yard:> 10'from rear property Ground Mount 15' 10' line&> 10'from side property line or behind the principal dwelling but not in the side yard(not visible from public R.O.W. in front of TV Receiving dwelling) Antenna(1 per site) Roof Mount 35' N/A Pole Mount 35' Rear of roof 35' N/A Behind the principal dwelling,but not in the side yard (2) Noncommercial radio transmitting antennas limited to 65'in height. Must be located AG,RE,SF-IA,SF- behind the principal dwelling,but not in the rear yard. Must be no closer to a property line 1B,SF-30, SF-20A, than the maximum height of the antenna. (Complaints concerning electrical,radio,or SF-20B,R-PUD,MF- television signal interference shall be referred to the FCC.) 1,MF-2,MH PLOT PLAN REQUIRED (Previous subparagraph(3)deleted in its entirety and renumbered as below by Ordinance No.480-W.) (3) Nonresidential satellite dishes accessory to the principal permitted use on site. 0-1,0-2,C-1,C-2,C- 3,C-4,B-1,B-2,I-1, Type: Max.Ht. Dish Size Location I-2,HC,S-P-2,S-P-1, (Max.Diameter) CS,NR-P.U.D. Roof Mount 35' 10' Rear of roof not visible from public PLOT PLAN R.O.W.in front of principal REQUIRED structure Pole Mount 35' 10' Rear yard: > 10'from rear property Ground Mount 15' 10' line&> 10'from side property line or behind the principal structure but not in the side yard(not visible from public R.O.W.in front of principal structure) 34-4 bb. Shopping carts. Cart collection areas in parking lots shall not be placed in any required parking CS,C-1,C-2,C-3,C- space. Shopping carts shall not be stored outdoors for any site approved after September 4,2001 4, S-P-1, S-P-2,and unless screened from the public right-of-way by a four(4)foot masonry wall. PUD,DT** cc. Outdoor display of prepackaged ice machines and vending machines may be stored outdoors CS,C-1,C 2,C-3,C provided that the machine(s)are not clearly visible from the public right-of-way or adjacent 4,S-P-1,S P-2,and PUD,DT** residential roPer h• Sigi ga on prepackage ice and vending machines shall not be readily identifiable by type or product name from adjacent public streets. dd. Outdoor commercial displays(See section 34.3 for specific regulations). CS,Cl,C2,C3,C4,I- 1,I-2,B-1,B-2,HC, DT ee.Yard or garage sales,subject to the following requirements: AG,RE,SF-1A, SF- 1B, SF-20A, SF-20B, 1. No more than 3 garage sales within any 12 month period may occur. SF-30,MF-1,MF-2 2. The duration of the sale shall not exceed 72 hours. ff. Fund raising/sales. This activity may take place if the sole purpose is for raising funds to support CS,Cl,C2,C3,C4,I- community service organizations,public charities,or non-profit organizations and the 1,I-2,B-1,B-2,HC, following conditions are met: DT 1. The solicitation or sales activity is restricted to privately owned land. 2. The solicitation or sales activity is restricted ton area that will not impede the normal flow of vehicular and customer traffic so as to create a traffic hazard,or other hazard to the public. 3. The organization has permission of the owner or lessee of the land. 4. The duration of the fund raiser activity shall not exceed seven(7)consecutive days; provided that fund raising and sales that take place inside a a permanent structure shall not be subject to this limitation. gg.Mass gathering events. This activity is authorized as an accessory use if it occurs: ALL 1. in a permanent structure designed, constructed and approved by the Fire Marshal for the occupancy load of the event,with sufficient permanent sanitary facilities,as required by the Uniform Building Code and sufficient parking facilities as required by this ordinance;or 2.on a tract of land which is at least 10 acres in size,and the mass gathering area is at least 200 feet from the adjacent property, and the site will accommodate the required parking of cars of attendees on-site. 34.2 ACCESSORY BUILDING - The following regulations shall govern the location and use of any accessory building: (As amended by Ordinance No. 480-C.) **Shall apply only to non-residential uses and mixed-use buildings in the DT District ***Specific Use Permit Required 34-5 (lk,,. a. Accessory buildings having a permanent foundation shall be erected no closer than ten feet(10')to a property line located in the rear yard. Those structures not on a permanent foundation may be placed as close as five feet (5') to a property line located in the rear yard. b. No accessory building shall be erected within ten feet (10') of any other building, except that detached residential garages may be located not closer than five feet (5') to the main dwelling. c. No accessory building shall be constructed upon a lot until the construction of the principal building or use has actually been commenced,and no accessory building shall be used unless the main building in a lot is completed and used. d. No accessory building shall be used for dwelling purposes other than by domestic servants employed entirely on the premises or by family members and only in compliance with individual district regulations. e. Accessory buildings shall not exceed one story or fourteen feet(14') in height. f. No accessory building shall be located forward of the principal building on the lot. 34.3 OUTDOOR COMMERCIAL DISPLAYS - The following regulations shall govern the type and location of outdoor commercial display items at permanent business locations: a. Items or merchandise which may be stored and displayed outside of a permanent business location without screening includes the following items and similar types of items: 1) living plant materials; 2)bundled firewood; 3)merchandise associated with the holidays; and 4)mechanical equipment associated with lawn and garden care and maintenance if such display shall be in conjunction with a promotional event and such equipment shall not be stored outside more than three (3) continuous days and must be removed and returned indoors at the end of each business day). b. No other items or merchandise shall not be stored outside unless screened in accordance with the requirements of Section 39. c. No more than 50% of the pedestrian path, sidewalk or hard surface area located parallel to the front of the building intended for the egress of pedestrians along the front of the building shall be used for storage,provided that the remaining pedestrian path, sidewalk or hard surface area shall be not less than 5' in width (See Exhibit 34-A). d. The storage area shall not exceed 30%of the linear frontage of the principal building(See Exhibit 34-B). e. The merchandise for sale shall not be located further than 15' from theprincipal p c pal building. 34-6 f. The merchandise for sale shall not be located within required landscaped areas, required parking areas, fire lanes, fire access ways, or exit ways and is located on an all weather surface. g. The display of merchandise shall be maintained in a neat, orderly manner and not be stacked higher than a height of four(4)feet. Height regulations shall not apply to living plant materials or the sale of Christmas trees. h. Packaged materials displayed outdoors shall not be readily identifiable by type or product name from adjacent public streets or adjacent residential property by reason of package labels,sales tag markers, signs or otherwise. i. The display of such merchandise must not impede traffic flow or block site distance on the street. 34-7 c. PROPOSED CHANGES TO THE ZONING ORDINANCE — c, SECTION 37- DOWNTOWN DISTRICT SECTION 37 "DT"DOWNTOWN DISTRICT (As Amended by Ordinance 480-SS) 37.1 PURPOSE & INTENT The purpose of the Downtown district is to encourage the creation of a pedestrian-oriented, mixed-use urban environment, providing shopping, employment, housing, and business and personal services. Downtown is intended to be the focal point of the community. This is achieved by promoting an efficient, compact land use pattern; encouraging pedestrian activity; reducing the reliance on private automobiles within the district; promoting a functional and attractive community through the use of urban design principles; and allowing developers flexibility in land use and site design. The Downtown district is to be an area with a mixture of moderately intense uses that are developed over an identifiable core. Buildings are close to and oriented toward the street. There is a connected street pattern, shared parking, and pedestrian amenities. It is the intention of this ordinance to include all C-3 uses that were attributed to the Town Square NR-PUD (Ordinance 224) as of the date of adoption of this ordinance. Relationship to Adopted Plans: The 1995 Southlake Corridor Study recommends the establishment of a `Village Center- west' between S.H 114 and F.M 1709, east of Carroll Avenue and west of Kimball Avenue. The appropriate geographic location for the Downtown district shall be limited to the area known as Village Center—west. The Downtown district implements the 1998 Land Use Plan, as amended, which `encourages the development of a mixed-use town center that will create a focal point for the community by way of its geographic location, standards for development and mix of uses and services' and identifies an appropriate location for"Town Center" land use designation. 37.2 SCHEDULE OF USES Uses within the Downtown district shall be in accordance with the following schedule of uses. P=Permitted(Development Standards apply) SUP=Permitted with a Specific Use Permit(Standards in Section 45 shall apply) A=Permitted as an accessory use(Standards in Section 34 shall apply) LAND USE CATEGORY Use Status Commercial Uses -Retail Sales or Service • Antique shops p • Art galleries,dealers, sales and supplies p • Artists' workshops and studios p • Beer, wine, and alcohol sales SUP 37- 1 LAND USE CATEGORY Use Status Commercial Uses -Retail Sales or Service (contd.) • Bicycle sales and service p • Books, magazines,music, stationery,novelty,variety, etc. P • Camera and photographic supplies p ■ Clothing,jewelry,luggage, shoes, etc. p • Convenience store,no gasoline sales p • Cosmetic and beauty supplies p ■ Department store p • Electronics, appliances, computer, and software—sales, and P service • Electrical and gas repair and installation services SUP • Farmer's market SUP • Florist p • Fruit and vegetable store p • Furniture or home furnishings p • Grocery store, supermarket, or bakery p • Hardware and home centers,etc. p • Optician and optical store p ■ Pet and pet supply store p • Pharmacy or drug stores p ■ Specialty food store p ■ Sporting goods,toy and hobby,musical instruments P • Tailors and custom apparel makers P • Tobacco or tobacconist establishment p Commercial Uses—Finance, Insurance, and Real Estate • Bank,credit union,or savings institution P ■ Credit and finance establishment p • Fund,trust,or other financial establishment P • Investment banking, securities, and brokerage P • Insurance related establishment p • Real Estate and Property Management Services P Commercial Uses -Business,professional, and technical uses • Accounting,tax,bookkeeping, and payroll services P • Collection agency p • Advertising, media, and photography services P • Animal and pet services,including grooming and training P • Architectural, engineering, and related services P • Offices and administrative services p • Business support services,including photocopying, duplicating, P blueprinting,or other copying services ■ Consulting services(management, environmental, etc.) P • Employment agency p 37-2 (Isr LAND USE CATEGORY Use Status Commercial Uses -Business,professional,and technical uses (contd.) • Facilities support services P • Graphic,industrial, and interior design P • Legal services P • Personal services P • Postal, courier and messenger services P • Research and development services (scientific,technological, P etc.) • Travel arrangement and reservation services P Commercial Uses—Food Service Uses • Bar, or drinking establishment SUP • Cafeteria, delicatessens,or limited service restaurant P • Full-service restaurant(no drive-through facility)with or P without outdoor seating • Snack or nonalcoholic bar P Arts, entertainment,and recreation Uses • Bowling,billiards,pool—indoor only P • Games arcade establishment P • Fitness, recreational sports, gym, or athletic club P ■ Indoor skating rink P • Miniature golf establishment—indoor only P • Museums and other special purpose recreational institutions P • Outdoor entertainment centers (including ball parks,miniature golf, golf driving ranges,batting cages, carnivals,and similar SUP uses) • Parks,plazas,and playgrounds P • Theater, cinema, dance,or music establishment P Educational, Public Administration, Health care and other Institutional Uses • Ambulatory and outpatient care services,including doctors, P dentists,chiropractors, optometrists,etc. • Business associations and professional membership P organizations • Child day care and preschools P • Civic, social, and fraternal organizations SUP • Funeral homes,mortuaries, and services SUP • Hospitals SUP • Information services, including libraries and archives P • Judicial functions-Courts P • Nursing and other rehabilitative services P • Public Administration-legislative and executive functions P ■ Public Safety facilities P • Religious institutions P 37-3 LAND USE CATEGORY Use Status Residential Uses • Full service hotels p • Home Occupations in designated single-family residential A structures • Live/Work units SUP • Residential Lofts SUP • Single-family residential detached dwelling unit SUP • Single-family residential attached dwelling unit SUP Other Uses • Model homes for sales and promotion* SUP f Outdoor to Y J o r ole displays and sales for s, SUP t Outdoor. ndor. 1 UP • Parking, surface p • Parking, structured SUP • Sales from kiosks SUP 37.3 DEFINITIONS The following definitions shall apply to uses and category of uses listed in the Downtown district Schedule of Uses (Section 37.2) and to other terms used in the Downtown district(Section 37) only. For terms not defined under this subsection, Section 4, Definitions shall apply. Business associations and professional membership organizations These establishments promote the business interests of their members, or of their profession as a whole, including chambers of commerce. They may conduct research on new products and services; develop market statistics; sponsor quality and certification standards; lobby public officials; or publish newsletters, books, or periodicals for distribution to their members. Business support services These establishments provide any of the following: document preparation, telephone answering, telemarketing, mailing (except direct mail advertising), court reporting, and steno typing. They may operate copy centers, which provide photocopying, duplicating, blueprinting, or other copying services besides printing. They may provide a range of support activities, including mailing services, document copying, facsimiles, word processing, on-site PC rental, and office product sales. Cafeteria or limited service restaurant These provide food services where patrons order or select items and pay before eating. Food and drink may be consumed on premises, taken out, or delivered to customers' location. Some establishments in this subcategory may provide food services in combination with selling alcoholic beverages. This subcategory includes cafeterias, which use cafeteria-style *Model homes are limited to a time period until all the homes are sold in the neighborhood. 37-4 serving equipment, a refrigerated area, and self-service beverage dispensing equipment, and which display food and drink items in a continuous cafeteria line. Consulting services (management, environmental,planning,design, etc.) These establishments advise and assist businesses and other organizations on management, scientific, and technological issues. This class includes establishments that provide expertise in information technologies; these may design, modify, test, support, or operate hardware and software for clients. Court A Court is an unoccupied space, open to the sky, on the same lot with a building, which is bounded on two (2) or more sides by the exterior walls of the building or by two (2) or more exterior walls, lot lines or yards. Not a court niche. Court,closed A closed court is a court surrounded on all sides by the exterior walls of a building; or by exterior walls of a building and side or rear lot lines, or by alley lines where the alley is less than 10' in width. Court niche A court niche is not a court, but is an indentation, recess, or decorative architectural treatment of the exterior wall of a building which opens onto a street, yard, alley, or court. Court,open An open court is a court opening onto a street, yard, alley, or private drive not less than twelve feet(12) wide. Court,width of The minimum horizontal dimension substantially parallel with the open end of an open court or the lesser horizontal dimension of a closed court; or in the case of a non-rectangular court, the diameter of the largest circle that may be inscribed in a horizontal plane within the court. Facilities support services These establishments provide operating staff for support services within a client's facilities. They typically provide a combination of services, such as janitorial, maintenance, trash disposal, security, mail reception, and laundry services. They provide operating staff to carry out these support activities, but are not involved with the core activities of the client. Full Service Hotels These establishments shall be defined as buildings with habitable rooms or suites which are reserved for transient guests who rent the rooms or suites on a daily basis, and with: (i) a minimum area of 300 square feet in each guestroom; (ii) (a) a full service restaurant with full kitchen facilities providing service to the general public;or(b)a kitchen on the premises in which meals are prepared by the management; or a concessionaire of the management for room service delivery; (iii) on-site staff required seven (7) days a week, twenty-four(24) hours per day; and (iv) a minimum of one thousand(1,000) square feet of meeting or conference rooms. 37-5 tivr Full-service restaurant Full-service restaurants provide food services to patrons who order and are served (i.e. waiter/waitress service) while seated indoors or outdoors and pay after eating. They may provide this service in combination with selling alcoholic beverages, providing takeout services, or presenting live non-theatrical entertainment. Live-work unit A live-work unit is a dwelling unit that is also used for work purposes, provided that the work component is restricted to the uses of professional office, artist's workshop, studio, or other similar uses. Each individual unit may have commercial space located on the street level. Mixed-Use Building or Structure A mixed-use building or structure is one in which at least one of the upper floors of a commercial building has residential uses (live-work or lofts) with retail or office uses at the other levels. Mixed-Use Land Use Mixed-use land use is the location of different land uses, including commercial retail, office, residential, public, and other uses in proximity to one another either in the same building or in separate buildings but in the same development or block. CP" Non-Residential Building or Structure A non-residential building or structure is one in which all the floors are designated for office, retail, institutional, or any other commercial use that is not a residential use. Office and administrative services These establishments: a) provide day-to-day office and/or administrative services, such as financial planning, billing, record keeping, personnel employment, and logistics; b) hold securities (or other equity interests) of companies in order to own a controlling interest or influence management decisions; c) oversee and administer the establishments of a company often by providing strategic or organizational planning; or d) provide other administrative services. This definition is used only to classify such stand-alone establishments which, although they may be part of larger companies, are separate from the actual goods or services producing facilities. Personal services This is a catchall category for all personal service establishments. These establishments offer a wide range of personal services (clothing alterations, shoe repair, dry cleaners, laundry, health and beauty spas, tanning and nail salons, hair care, etc.). Public Buildings Public buildings are buildings used for active government or related functions, including public administration (executive and judicial), courts, libraries, community centers, and public safety functions. Research and development services (scientific, technological, etc.) 37-6 Establishments in this category conduct research, or analyze, in the physical, engineering, cognitive, or life sciences, such as agriculture, electronics, ecology, biology, botany, biotechnology, computers, chemistry, food, fisheries, forests, geology, health, mathematics, medicine, oceanography, pharmacy, physics, veterinary, sociology, psychology, language, behavior, or economics. Residential Lofts Residential lofts are typically residential units designed to commercial standards (with high ceilings, open plans, and large windows) located above street level commercial space. Retail sales or service Retail establishments form the final step in the distribution of merchandise. They are organized to sell in small quantities to many customers. Many have stores, but some also sell merchandise from non-stores. Establishments in stores operate as fixed point-of-sale locations, which are designed to attract walk-in customers. Retail establishments often have displays of merchandise and sell to the general public for personal or household consumption, though they may also serve businesses and institutions. Some establishments may further provide after-sales services, such as repair and installation. Single-Family Residential, detached dwelling unit A single-family detached residential unit is a freestanding building on an individual lot or tract of land intended for occupancy by one family. Illw Single-Family Residential,attached dwelling unit, A single-family attached residential unit is a building on an individual lot or tract of land intended for occupancy by one family that shares one or more common walls with similar adjacent units, also on individual lots. Snack or nonalcoholic bar These prepare and serve specialty snacks, such as ice cream, frozen yogurt, cookies, or popcorn, or serve nonalcoholic beverages, such as coffee,juices, or sodas for consumption on or near the premises. These establishments may carry and sell a combination of snack, nonalcoholic beverage, and other related products (e.g., coffee beans, mugs, and coffee makers) but generally promote and sell a unique food or beverage item. Specialty food store Specialty food stores primarily retail specialty food items,such as coffee and tea(i.e.,packaged), confectionery products (i.e., packaged), nuts, spices, and gourmet foods. Streetscape Treatments Streetscape treatments shall include all improvements in a R-O-W that create an attractive and safe pedestrian environment. Treatments shall include street trees, street light standards, and trash receptacles. Streetscape treatments may also include a range of provisions such as paving materials, street/pedestrian/wayfinding signs, media boxes, parking meters, utility boxes, seating, public art/water features, bike racks,bollards, information kiosks, etc. 37.4 DEVELOPMENT REGULATIONS FOR NON-RESIDENTIAL AND MIXED-USE 37-7 BUILDINGS All non-residential and mixed-use building development in the Downtown district shall be exempt from the all standards specified under Section 43 in lieu of the development standards set forth below. In the Downtown district, the following development regulations shall be applicable to all non-residential and mixed-use buildings: a. Building Height: Non-residential and mixed-use buildings shall not be less than twenty feet (20') (including parapet height) in height nor more than fifty-two feet (52') in height; with the exception of development located along Hwy 114 which shall be no more than 90 feet. The 90-foot height limitation shall apply to all non- residential and mixed-use buildings within a 1,000-foot wide strip, parallel to and along the southern edge of Hwy 114 R-O-W. 1. The height shall be measured from the sidewalk or ground surface elevation along the side of the building fronting onto a public right-of-way to the top of the roof for flat roofs (not the parapet) and the mid-point for sloped roofs, and not along the side(s) of the building facing onto interior portions of the block. 2. For buildings whose adjoining sidewalk or ground surfaces slope an average of 5% or more as measured along portions of the building abutting a public right- of-way, a maximum building height of fifty-seven (57) feet shall be permitted. (or 3. Public buildings may be built to four(4) stories or sixty-five (65)feet in height Y g unless they are within 1,000 feet of Hwy 114, in which case they may be built to six (6) stories or ninety (90) feet. 4. Architectural embellishments not intended for human occupancy that are integral to the architectural style of the building, including spires,belfries, towers, cupolas, domes, and roof forms whose area in plan is no greater than 25% of the first story plan area may exceed the height limits of this section by up to the lesser of 50% over the permitted building height or 100% over the actual building height,-and shall be exempt from the maximum elevation limitation of Section 37.4 (a). 5. Mechanical equipment, including, mechanical/elevator equipment penthouse enclosures, ventilation equipment, antennas, chimneys, exhaust stacks and flues, fire sprinkler tanks, and other similar constructions may extend up to twenty (20) feet above the actual building height, and provided the same shall be subject to approval at approval of the applicable Site Plan unless: 1) they are setback from all exterior walls a distance at least equal to the vertical dimension that such items(s) extend(s) above the actual building height, or 2) the exterior wall and visible roof surfaces of such items that are set back less than their vertical dimension above the actual building are to be constructed as architecturally integral parts of the building facade(s) or as architectural embellishments as described in Section 37.4 (a) 4 above. 37-8 tiw b. Front,Side and Rear Yards: With the following exceptions, no front, side or rear yard setback is required in the Downtown district: 1. Buildings along F.M. 1709 and the east right-of-way of North Carroll Avenue shall maintain a minimum thirty-two (32) foot setback; provided,however,in areas where right-of-way is provided for acceleration or deceleration lanes, the minimum required setback shall be reduced to twenty (20) feet. No service drives, parking or other impervious surfaces with the exception of sidewalks/trails shall be located in the setback area unless the buildings are setback a minimum of fifty (50) feet. In no event shall the bufferyard along FM 1709 and North Carroll Avenue be less than twenty (20) feet. 2. Buildings along State Highway 114 shall maintain a setback of fifty (50) feet from the projected future right-of-way of State Highway 114. 3. As to the rest of the Downtown district boundaries, no building shall be located closer than fifteen (15) feet from the boundary of the Downtown district. c. Maximum Lot Coverage: The maximum lot coverage for individual lots is 100%. However, the maximum aggregate lot coverage for all buildings as a percentage of the Downtown district as a whole (including the area of dedicated public streets, private drives and common open space) shall not exceed fifty-five percent (55%). d. Building Envelopes: Where "Building Envelopes" are indicated on the Concept Plan, no building (excluding parking structures) shall be constructed, in whole or in part, outside of any Building Envelope as shown without a Specific Use Permit, as determined by the City Council in connection with development plan or site plan review. e. Common Open Space: Common Open Space as designated on the Concept Plan shall be provided for public use. No building or other structure shall be constructed on any Common Open Space without the prior approval of City Council, except as follows: a bandshell pavilion shall be allowed on the block bounded by FM 1709 to the south,Fountain Place to the north, Grand Avenue to the east and State Street to the west. f. Building Phasing: Buildings fronting on FM 1709 and North Carroll Avenue, shall be constructed prior to the construction of any above-ground structured parking behind such buildings that may be visible from F.M 1709 or North Carroll Ave. g. Building Orientation: Any building (excluding parking garages and accessory buildings) within one hundred fifty (150) feet of a public right-of-way shall either face such right-of-way or shall have a facade facing such right-of-way in keeping with the character of the main facade. 37-9 h. Design Guidelines The property owner shall provide an exhibit as appropriate with each development/site plan application showing that all development in the Downtown district meets the standards outlined in the Downtown district Design Guidelines, as amended and adopted by City Council. Nothing in this paragraph shall require the retrofitting of an existing building. Projections into Required Setback or into a Right-of-Way: The following projections shall be permitted into a required setback or landscape area or into a public easement or right-of-way, provided that i) no projection shall be permitted into a public easement or right-of-way along FM 1709, North Carroll Avenue or State Highway 114; ii) such projections do not extend over the traveled portion of a roadway; iii) the property owner has assumed liability related to such projections; and iv) the property owner shall maintain such projections in a safe and non-injurious manner: 1. Ordinary building projections, including but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to twelve (12) inches beyond a building face or architectural projection. 2. Roof eaves may project up to thirty-six (36) inches beyond the building face or architectural projection. 3. Architectural projections, including bays, towers, and oriels; show windows (1st floor only); below grace vaults and areaways; and elements of a nature similar to those listed; may project up to forty-eight (48) inches into a required yard or beyond the building face. 4. No portion of an architectural projection described in Sections 37.4 (i) (1, 2, 3) above less than eight (8) feet above the ground elevation may extend more than forty-eight (48) inches into a required yard or beyond the building face. 5. Canopies and/or awnings may project from building face and may extend to, or be located within eight (8) inches of the back of curb subject to the following during development/site plan approval. If a canopy support is closer than two (2) feet from the back of the curb, there shall (a) be no on-street parking or loading zones along that stretch of canopy; or(b) be parallel parking along the curb; or(c)be angled parking protected by wheel stops preventing vehicular overhang over the curb. Ground-mounted supports, subject to the above standard, may be approved as part of development plan or site plan review, as determined by the City Council. 6. Below-grade footings approved in connection with building permits. j. Off-Street Parking: With the following exceptions,parking shall be provided pursuant to Section 35 of the Comprehensive Zoning Ordinance, and such required parking shall be calculated in accordance with the provisions of Section 35 (including the shared parking provisions of Section 35.2): 37- 10 1. On-street as well as off-street parking shall be permitted within the Downtown district. 2. Up to twenty-five percent (25%) of required parking may be compact spaces having a minimum space width of eight (8) feet and a minimum space length of sixteen (16) feet; provided, however, compact spaces shall not be allowed on-street and shall be limited to off-street parking locations. Compact parking spaces shall not be allocated to any retail or food service uses but could be counted toward meeting the parking requirement for business,professional, and technical uses up to a maximum of twenty-five percent (25%). Each compact space shall be clearly designated. 3. Required parking shall be located and maintained anywhere within the Downtown district. On-street parking and shared parking anywhere within the Downtown district may be counted toward the off-street parking requirement for the Downtown district. 4. Where on-street parking is permitted, angled, as well as parallel parking shall be permitted. Both forty-five (45) degree and sixty (60) degree angled parking shall be permitted. However,no on-street, drive, or common access easement parking shall be permitted within thirty (30) feet of the cross curb line for a cross street, drive, or common access easement. 5. When a mixture of office, retail, and other uses are located in the same block or street, parking requirements for such the uses shall be reduced at a rate of ten (10) percent in order to promote shared parking. 6. The parking requirement for office uses set forth in Sections 35.6.b(6) of the Comprehensive Zoning Ordinance is one (1) parking space for 330 square feet of floor area. 7. The parking requirement for all retail uses set forth in Section 35.6.b(5) of the Comprehensive Zoning Ordinance is one (1)parking space for 220 square feet of floor area. 8. Cumulative parking tabulations shall be submitted with each site plan and/or development plan. k. Off-Street Loading: With the following exceptions, off-street loading shall be provided pursuant to Section 36 of the Comprehensive Zoning Ordinance: 1. The minimum dimension of loading spaces shall be as follows: 10' x 25' regular size space 10' x 50' large space 2. The calculation of the minimum number of off-street loading spaces shall be in conformance with the following schedules and rules regarding shared spaces: 37- 11 r i. Number of spaces: Office Uses or portion of building devoted to office uses: 0—49,999 sf 0 spaces 50,000— 149,999 sf 1 regular space 150,000—249,999 sf 2 regular spaces 250,000 sf and up 3 regular spaces Retail Uses with the following Tenant size: 0—9,999 sf 0 spaces 10,000—49,999 sf* 1 regular space 50,000—99,999 sf* 1 regular space and 1 large space 100,000 sf and up* 2 large spaces Restaurant Uses with the following Tenant size: 0—9,999 sf 0 spaces 10,000 sf and up* 1 regular space *The loading requirement for multiple tenants that are each 10,000 sf or larger may be combined within a single building and treated as a single tenant. ii. Loading spaces that are adjacent and accessible to several buildings or tenant spaces, including buildings and tenant spaces on separate lots, shall be allowed to suffice for the loading requirements for the individual buildings or tenants provided that i) the number of spaces satisfies the requirements for the combined square footages for the buildings or tenants in question, and ii) for loading spaces to be shared among separate lots, an agreement evidencing the right of tenants to the use of such spaces shall be provided. 1. Streets and Sight Triangles: Within the Downtown Zoning district the following street design standards shall apply: 1. Except as provided herein, no sight triangle shall be required. Adequate sight distance will be provided at all intersections through the use of appropriate traffic control devices. Sight triangles for vehicles exiting the development for both public streets and private drives shall be provided at intersections with FM 1709, Carroll Avenue and State Highway 114 (See figure 37.1). These sight triangles shall be the triangle created by connecting a point which is ten (10) feet into the site along the right-of-way at the intersection and a point extending away from the intersection a distance of forty (40) feet along the existing roadway right-of-way line. 37- 12 F.M. 1 709 or S.H 114 Access Road 40'-0" 40'-0" R.O.W 10'-0" r._ R.O.W Figure 37.1 Sight Triangles 2. For plantings within twenty (20) feet of any public street intersection, shrubs and groundcover shall not exceed two (2) feet in height and tree branching shall provide seven (7) feet of clearance as measured from the top of the ground surface to the first branch along the tree trunk. 3. Nothing contained herein shall vary or supersede public safety requirements of the City of Southlake as set forth in the Uniform Fire Code and other applicable laws, rules and regulations of the City of Southlake. m. Buffering and Screening—The following standards for buffering and screening shall apply to all non-residential and mixed use buildings in the Downtown district: 1. Parking lot layout, landscaping, buffering, and screening shall minimize direct views of parked vehicles from streets and sidewalks, and avoid spill-over light, glare, noise, or exhaust fumes onto adjacent properties, in particular single- family residential properties. Parking lots exposed to view from abutting single-family residential properties shall be surrounded by a minimum of a 3- foot high barrier in the form of berms, shrubs, walls, or a combination thereof. 2. Transformers, HVAC equipment (if located at the ground level), lift stations, utility meters, and other machinery, as well as garbage collection points, should be located at the rear lane, drive or alley. If such uses are visible from any adjacent rights-of way or property, they shall be totally screened by a fence or suitable plant or other visual barrier of an appropriate height or as proposed and approved in a development/site plan. Trash dumpsters shall have a metal door which shall remain closed at all times. 3. Off-street loading areas shall be adequately screened from view of any adjacent single-family residential use. 37- 13 4. Outside storage standards in Section 39.5 shall apply to all areas of primary and ancillary outdoor storage uses in the Downtown district, with the exception of related uses specifically authorized in this section. n. Above Grade Structured Parking—Parking structures shall be permitted in the Downtown district with a Specific Use Permit authorized by City Council. The following standards shall apply to above grade structured parking facilities: 1. Any visible elevations of any parking structure from adjacent street R-O-Ws shall have a solid parapet wall of not less than forty-six (46) inches and shall utilize colors consistent with the surrounding principle buildings. All parking structures shall be designed in compliance with the Downtown District Design Guidelines, as amended. 2. At least 75 percent of the area occupied along street level façade of any parking structure that is immediately adjacent to a sidewalk or street right-of- way shall be developed for active office or retail uses. 3. If not abutting a right-of-way, above grade structured parking facilities shall be provided with adequate access from public right(s)-of-way via private drive(s) and/or access easements. 4. Entries and exits to and from parking structures shall be clearly marked for both vehicles and pedestrians by materials, lighting, signage, etc., to ensure pedestrian safety on sidewalks. o. Accessory Structures—The following restrictions shall apply to accessory structures of non-residential and mixed use development: 1. With the exception of the following items, accessory structures shall not exceed one (1) story or a height of fourteen (14) feet. i. park pavilions or bandshells not exceeding fifty-two (52) feet in height 2. Except for open spaces and open space amenities, no accessory structure shall be located between the front lot line and the principal building on a lot. p. Minimum Width of Enclosed or Partially Enclosed Open Space—In lieu of the requirements of Section 33.7 of the Comprehensive Zoning Ordinance, the following requirements for minimum Court widths shall apply: 37- 14 1. Minimum widths shall be based on the following schedule: Cif COURT TYPE MINIMUM WIDTH/AREA Court; Open Court 3 inches per 1 foot of building height, min. 12 feet Closed Court: Min. area equal to twice the square of the width of the court based on surrounding building height, but not less than 250 sq. ft. Court Niche: no portion shall be more than 3 feet(measured horizontally) from a point where the court niche is less than three feet wide q. Interior Landscape Areas & Streetscape Treatments—Specific requirements for interior landscape areas and streetscape treatments shall be proposed by the developer at the time of development plan or site plan review. They shall be reviewed by the City's Landscape Administrator at the time of development plan or site plan review for conformity with the Downtown District Design Guidelines, as amended, to create an attractive, pedestrian-friendly district. Any landscaping in a surface parking lot approved in connection with development plan or site plan approval for such lot, which is taken out in connection with the later construction of a parking structure, shall be relocated or replaced. r. Irrigation—Required landscaping shall be served by an irrigation system meeting the requirements of Section 3.6 of Ordinance 544, except in those instances and in those areas where installation of such a system is a)potentially harmful to any preserved or existing plant materials; b) not reasonably required due to the nature of the plant material (e.g. where irrigation could be detrimental to drought-tolerant plant species); or c) create a situation possibly harmful to public health, safety or welfare. Determination of the situations described above shall be made by the City's Landscape Administrator. 37.5 DEVELOPMENT REGULATIONS FOR SINGLE FAMILY (ATTACHED AND DETACHED) RESIDENTIAL USES All single-family (attached and detached) residential development in the Downtown district shall be exempt from the standards specified under Section 43 in lieu of the development standards set forth below. In addition to the SUP requirements under Section 45, the following standards shall protect and encourage various types of single-family dwellings within the Downtown district. The minimum standards as set forth below shall apply to all single-family residential uses. a. Height. No principal single-family residential building or structure shall exceed three (3) stories, nor shall it be less than twenty feet(20') in height or exceed fifty-two feet (52') in height. Residential accessory buildings shall be a minimum of twelve feet (12') in height and a maximum of twenty-eight feet (28'). The height shall be measured from the sidewalk or ground surface elevation along the side of the building fronting onto a public right-of-way to the top of the roof for flat roofs (not the parapet) 37- 15 and the mid-point for sloped roofs, and not along the side(s) of the building facing onto interior portions of the block b. Front Yard. Required front yard shall be a minimum of five (5) feet. Porches, stairs and other architectural elements may project into such yard, up to the lot line. The maximum front yard setback shall be fifteen feet (15'). c. Side Yard. Residential dwellings may be attached. Accordingly, there shall be no side yard, except on corner lots, where the side yard adjacent to the street may be up to a maximum of fifteen feet (15'). If residential dwellings are detached, separation between the units shall meet the minimum required for fire safety. d. Rear Yard. There shall be a rear yard of not less than five feet (5'). e. Maximum Lot Coverage. There shall be no maximum lot coverage. f. Lot Area. The minimum area of a lot shall be (a) one thousand six hundred eighty- seven (1,687) square feet for residences with detached garages, and (b) one thousand one hundred twenty-five (1,125) square feet for residences with attached garages. g. Lot Dimensions. Each lot shall have a minimum width of twenty-two and one-half feet (22.5'). The minimum lot depth is: (i) seventy-five feet (75') for residences with detached garages; and (ii) fifty feet (50') for residences with attached garages. h. Floor Area. Each single-family dwelling unit shall contain a minimum of two thousand (2,000) square feet of gross floor area (excluding the area of any accessory structures on the same lot). i. Location. Single-family residential uses in the Downtown district are limited to the area east of Central Avenue. j. Residential Units Permitted. The number of single-family (attached and detached) units allowed shall be no more than 115 as specified in the Development Plan filed in conjunction with a request for Specific Use Permit for residential development within the Downtown district. k. Parking (i) Two (2) off-street parking spaces must be provided for each dwelling unit. (ii) One (1) on-street parking space must be provided for each dwelling unit. 1. Electrical Service. A lot for a single-family use may be supplied by not more than one electrical utility service, and metered by not more than one electrical meter. 37- 16 tir m. Building Limitations 1. All residential structures (including accessory buildings) are required to be sprinklered; provided that a series of attached structures may be combined and treated as a single structure. 2. All residential structures shall be designed and built similar in character to the elevations/drawings submitted with an approved development or site plan. 3. All residential structures shall have all exterior walls constructed using a masonry material covering at least eighty percent(80%) of said walls, exclusive of windows, doors, roofs, glass construction materials, or sidewalk or walk-way covers. "Masonry materials" shall mean and include brick, stone, rock or other masonry materials of equal characteristics. The use of stucco or a similar material shall be subject to City Council approval with the review of a site plan submitted with a SUP application. n. Curvilinear Streets. The curvilinear street standards specified in the Subdivision Ordinance shall not apply to residential development within the Downtown district. o. Open Space. Residential development within the Downtown district shall be exempt from the Open Space requirements specified within Ordinance 483 for residential uses. However, open space in the Downtown district shall be planned in conjunction with an overall concept and development plan approved by City Council. p. Use Limitations on Residentially Designated Buildings. Once designated for single- family residential uses with City Council approval of an SUP, non-residential uses in single-family structures shall be limited to home occupations only. Any change in such use shall constitute a zoning map amendment and shall be processed as such. q. Design Guidelines. All single-family residential development shall meet the standards outlined for single-family residential development in the Downtown District Design Guidelines as amended and adopted by City Council. 37.6 APPLICATION AND DEVELOPMENT REVIEW PROCESS Applications requesting a rezoning to the Downtown district shall be submitted with a Concept Plan as specified under Section 41 (for proposals encompassing more than 100 acres in land area) or a Development Plan as specified under Section 40(for proposals encompassing less than 100 acres is land area). An application for a rezoning to the Downtown district shall result in a contiguous boundary of the Downtown district of no more than 165 acres and no less than 100 acres within the entire city. The Planning&Zoning Commission shall make a recommendation on the rezoning request and the City Council may approve any such proposal,together with any conditions, requirements or limitations thereon which the Planning & Zoning Commission or City Council deems appropriate and is agreed to by the applicant. No minimum area shall be required for the submission of a development plan application. 37- 17 a) Development Plan 1. An application for rezoning to the Downtown district shall include and be accompanied by a development plan (for proposals less than 100 acres) Changes in the development plan shall be considered the same as changes in the Official Zoning Map. The proposed development plan shall be processed as required except that changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which meet the conditions set forth in Section 40.6 of this ordinance, may be approved by the Administrative Official. 2. The Development Plan may, in some cases, be a two-phase document. The first phase shall illustrate and contain the applicant's request and suggestion for the use, configuration of buildings,parking, etc., and the second phase shall illustrate the development plan showing the suggestions and recommendations of the Planning and Zoning Commission after review of Phase One. In addition to the requirements set forth in Section 40.3 of this ordinance, the development plan shall provide as much detail as possible including, but not necessarily limited to: i. A scale drawing showing any proposed public or private streets and alleys; building site, or building lots; any areas proposed for dedication, or reserved as parks, parkways, playgrounds, utility and garbage easements, school sites, public buildings, street widening, street changes; and the points of ingress and egress from existing public streets on an accurate survey of the boundary of the tract. ii. For buildings more than one (1) story in height, elevations and/or perspective drawings may be required in order that the relationship of the buildings to adjacent property, open spaces and to other features of the development plan may be determined. Such drawings need only indicate the height, number of floors and exposures for access, light and air. iii. For development projects influenced by, impacting on flood-prone areas, or containing major drainageways or areas flood-prone by definition of the City Engineer, a preliminary drainage plan shall be a part of the development plan. This requirement may be waived only upon the recommendation of the City Engineer. iv. A screening and landscaping plan shall be required where such treatment is essential to the proper arrangement of the development in relation to adjacent property. Such plan shall meet the standards established for Screening and Buffering in the Downtown district. v. Any or all of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation and interpretation by the Administrative Official. 37- 18 b. Site Plan All non-residential and mixed use development in the Downtown Zoning district shall submit a site plan meeting the requirements of Section 40 of this ordinance. This site plan shall be submitted either concurrently with the development plan for this phase or prior to requesting a building permit. This site plan may only be approved following a public hearing before the Planning &Zoning Commission and the City Council in accordance with the same notice and hearing requirements for zoning changes as set forth in Section 46 of this ordinance. 37.7 ACCESSORY USES In addition to those accessory uses specifically authorized in the Schedule of Uses under 37.2, accessory uses authorized under Section 34 of this ordinance may also be permitted use. Standards in Section 34 shall apply to all accessory structures and uses. 37.8 SPECIFIC USE PERMITS In addition to uses and standards listed under this section, specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. Specific use permit requests for residential uses in the Downtown district shall be accompanied by development plan amendment applications together with any other information deemed necessary by decision making authorities, including elevations, renderings, and other layouts. Once the development plan has been amended and an SUP granted by City Council to permit residential uses, conversion to any other use shall also be considered as a further change to the approved development plan and shall be reviewed as such. 37.9 SPECIAL EXCEPTION USES Special exception uses may be approved by the Board of Adjustment as specifically authorized in Section 44 of this ordinance subject to full and complete compliance with any and all conditions required in Section 44, together with any other conditions as the Board of Adjustment may impose. Any use accessory to an approved special exception use shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. 37- 19 c. PROPOSED CHANGES TO THE ZONING ORDINANCE-SECTION � 39-SCREENING SECTION 39 SCREENING (As amended by Ordinance No. 480-LL) 39.1 GENERAL - Except as otherwise required in conjunction with a bufferyard, screening of uses shall be provided as required in this section. Permissive screening may be provided in any zoning district as long as it does not conflict with the provisions of this or other sections of this ordinance. 39.2 SCREENING STANDARDS a. Screening, as herein referred, shall mean a fence, wall, dense evergreen hedge or other device which is opaque, made of durable material, and without holes, penetrations, or other openings other than those required for passage, and which is designed to prevent persons from seeing through. b. A screening device may be constructed solely of masonry, wood, or concrete, in combination with each other or with a metal frame. c. Any dense hedge or plant material may be used as screening provided it is landscaped and is properly maintained in a healthy growing condition. d. Landscaped earth berms maybe used as screeningwhen ap proved app owed by the Administrative Official. e. A screening device shall be at least six(6) feet in height,but not more than eight(8) feet in height unless otherwise specifically permitted or required by this ordinance,or unless approved as a variance by the City Council in its consideration of a concept plan, development plan, site plan or a specific use permit or unless otherwise approved by the Board of Adjustment. The height of a screening device shall be the vertical distance between the ground and the top of the device. (As amended by Ordinance No. 480-HH.) f. All mandatory or permissive screening shall be erected and maintained so as not to interfere with or obstruct the view of traffic or constitute a traffic hazard on any public or private street, alley or driveway. g. A chain link fence with slat inserts shall constitute an acceptable screening device only for properties zoned I-1 and I-2 which are not located adjacent to a residentially zoned lot, tract or lot having an occupied residential dwelling, and are not located adjacent to street rights-of-way. (As amended by Ordinance No. 480-HH.) 39-1 tor h. Where the screening requirements prescribed by this section are in conflict with screening requirements which have been established by other provisions of this ordinance, the more stringent requirements shall apply. (As amended by Ordinance No. 480-HH). 39.3 RESIDENTIAL DISTRICTS a. Fences, walls and dense landscaped hedges or plantings are permitted in any residential district as a screening device; however, such screening device shall conform to the regulations set forth in subsections 33.2 and 33.3 of this ordinance. b. Multi-family dwelling uses shall be screened from view of any adjacent single family residential lot or use by a screening device located along the side and rear property lines of such multi-family use to a height of eight (8) feet. c. Non-residential uses in a residential district shall be screened from view of any adjacent residentially zoned lot or tract or lot having an occupied residential dwelling by a screening device located along the side and rear property lines of such non- residential use to a height of eight(8)feet. (As amended by Ordinance No.480-HH.) d. Where a perimeter screening wall or fence is erected between any residential subdivision and any public right-of-way,the following requirements shall apply(As amended by Ordinance No. 480-HH.): (1) No new fence or screening wall (which is parallel to, perpendicular to, approximately parallel to, or approximately perpendicular to an existing subdivision screening wall or fence) erected after the effective date of this ordinance shall be erected to a height which exceed the height of the subdivision screening wall or fence. (2) Where a developer or homeowners' association of an existing subdivision constructs a wrought iron or other similar non-opaque fence adjacent to any thoroughfare,no screening wall or fence shall be erected after the effective date of this ordinance within the required side or rear yard which is parallel to such wrought iron or similar non-opaque fence. (3) No existing screening wall or fence shall be repaired, extended or modified • unless such repairs, extensions, or modifications are done in a manner consistent with the color,material,or character of the existing screening wall or fence, and any such extension occurs along the entire length of such screening wall or fence, including where such screening walls or fences may be interrupted by streets, alleys, or other access ways. 39-2 39.4 NON-RESIDENTIAL DISTRICTS a. Fences, walls and dense landscaped hedges or plantings are permitted in any non- residential district as a screening device; however, such screening devices shall conform to the regulations set forth in subsections 33.2 and 33.3 of this ordinance. b. Where a non-residential use abuts a residentially zoned lot or tract or lot having an occupied residential dwelling, a screening device shall be erected along the side and rear property lines abutting said residential lot or dwelling to a height of eight (8) feet. Where the district boundary dividing a non-residential district from a residential district is along a street or alley, and an automobile parking lot or parking area is located in the front yard of the non-residential use, the said parking lot or parking area facing the residential lot shall be suitably screened to a height of not less than three and one-half(3 '/2)feet. A variance to this section may be approved by the City Council during its review of any concept plan, development plan, or site plan requiring review by the Planning and Zoning Commission and approval by the City Council, or by the Board of Adjustment for all other concept plans, development plans, or site plans. All screening devices shall be properly maintained in perpetuity by the owner of property with non-residential uses. Failure of the owner to maintain the screening device shall constitute a violation of this ordinance. (As amended by Ordinance No. 4ror 480-HH.) c. Outside storage of trash/recycling receptacles or any garbage, refuse and trash/recycling collection and storage areas shall be at the side or rear of the building, shall be totally encircled or screened by fence,planting or other suitable visual barrier six feet (6') in height and shall have a metal door which shall remain closed at all times. These areas or receptacles shall not encroach into any required bufferyard. (As amended by Ordinance No. 480-HH.) d. Where a non-residential use abuts an existing residential screening wall or fence and a written agreement is executed between the developer and residential property owner, it shall be deemed the intent of this ordinance to allow the residential screening wall or fence to satisfy that portion of Section 39.4.b. above (relating to side and rear yard screening) as long as said screening device is maintained in good repair. Should the screening device be destroyed by more than 50%of its fair market value at the time of destruction, then the owner of the nonresidential property shall construct a new screening wall or fence which meets the requirements of Section 39.4b. (As amended by Ordinance No. 480-HH.) e. Off-street loading areas shall be adequately screened from view of any residentially zoned lot or tract or lot having an occupied residential dwelling or of any other adjacent land use. (As amended by Ordinance No. 480-HH.) 39-3 39.5 OUTSIDE STORAGE a. All areas used for primary and ancillary outdoor storage and the associated method of screening shall be indicated on an approved site plan, development plan or concept plan along with scaled elevation drawings indicating the type of screening and materials proposed to be utilized. b. The primary outdoor storage of living plant material stored on the ground is not subject to the screening requirements in Section 39. All equipment,tools,vehicles, etc.associated with the upkeep and maintenance of the living plant material that are stored outdoors are subject to the screening regulations of Section 39 and Section 43.9.c.4, if applicable. c. A periodic market held in an open area, such as a farmers' or flea market, where groups of individual sellers offer goods for sale are not subject to the outdoor storage regulations in Section 39. d. General construction activities are not subject to the outside storage regulations in Section 39. e. Outdoor storage areas shall not be located forward of the principal building and when possible,shall be located at the side of the building not facing a public street,except (See Exhibit 43-F). Also, the items and o ents i. newspapers; rthr:st., as trees (stored outdoor f r sale begin ing„ i' o eek before Thanksgiving through December 31); provided that the event dots not exceed five(5)consecutive this section et (A 1, s:dentia , „b:eet to the types--of items listed bvelo )bundled firewood;3)merchandise associated wit the hel„lays;4)-11et-fleg .,a o,,ders;and )n „,.echanica 0 ent iated 39-4 b Baal v eg111Y11'i(it'It disp , 1. 11 a t' 'al. t' 1 .ha a t b a a to t L.111V Y. the end of v l b a raav VL14 VL V4V unacceptable •t t a L , eut screeTIi-ng inch? tl. •1t.li «d n m;lar types of ,.item listed a L below: Rpplianees; 2)-an k; 4` tmotive t���j vn TuuTe� > > > > motorcycles or sceoters; 12) furniture; 13) clothes; 14) tanks- �t.,..dard� a 1 t f tl. Cit< f \------ -����..�r�� ry VrwaV 44L�/V {411Y 1VbYLlt 1,1 VL1J Vi� (b) No--mere %-ef the pedestrian-Pat id wale d seffaee-afea-leeated-parallel-te-the-fFent-ef-the-beilding-intended for the ea-e of r« destrians .along.the f.e t of the __i d bing _hall a �Y „b .Lll{allllll��/.aL�LZZL11-CT/[ILTr sidewallk-ar-ha=-d-surfaee__area_shall_contain ne--1 tl, i5_' . n width(See Exhibit 43 G) . 0 the p'~llla ' " '' g (See 1r hibit 43 G) (d) The merand ch 1 t 1 t f l.rt tl_ - 1 'f 5 . t1 \ � c411at1J. (e) The merchandise for sale is not located within required ap eas, r ed £rk f 1 � �� �r-p � cTrac-accc$S . (e) The displ„ eb as shall be maintai_,a: erderlymanner and net be st,, ked-higher tt, h�-ff t u�t rr-crrarra-r� rre�'�C�� cvc-Tr�T re..aa al,atio shall not aY ply to living plant material, er tL_sal_ _f Christmas trees. identif ble by type „da et n e fr ad: _t_ .blic street s er adiacent reside t 1 pery by reason ofpac1_age label, ales t.a ti art `rb..�.... ....., Or-et[hliTri.•Vri:T 39-5 (g)-Sueh-mer-ehandise-must-net-impede-tfaffic--flow-er-hleek-site distance on the street. f. ed-€moo etplaee. Outdoor commercial displays as permitted by Section 34 are exempted from the requirements herein.. f. Outside storage is not permitted in a residential district. hrg. Primary Outdoor Storage shall be screened with a Type III screening device unless the items stored are otherwise exempted from screening requirements of this Section. L L. 39-6 c. PROPOSED CHANGES TO THE ZONING ORDINANCE - SECTION 43- CORRIDOR OVERLAY c. SECTION 43 OVERLAY ZONES (As amended by Ordinance No. 480-C) (As further amended by Ordinance No.480-S) (As further amended by Ordinance No. 480-CC) (As further amended by Ordinance No. 480-GG) (As further amended by Ordinance No. 480-JJ) (As further amended by Ordinance No. 480-LL) (As further amended by Ordinance No. 480-QQ) I. AIRPORT OVERLAY ZONE 43.1 AIRPORT ZONING ORDINANCE-Certain areas of the City are or may be impacted by noise and other activities associated with commercial aviation operations originating and terminating at Dallas/Fort Worth International Airport. The impacted areas are shown on the Airport Overlay Zone Map attached to the Airport Compatible Lane Use Zoning Ordinance No. 479 adopted by the City. In addition to the regulations set forth in this ordinance, development in these areas shall be subject to the regulations and restrictions set forth in the Airport Compatible Land Use Zoning Ordinance. 43.2 BUILDING PERMITS-No building permit or certificate of occupancy shall be issued for any use within the Airport Overlay Zone unless such use is in compliance with the requirements of this ordinance and the Airport Compatible Land Use Zoning Ordinance. II. CORRIDOR OVERLAY ZONE 43.3 INTENT - In accordance with the Comprehensive Land Use Plan and the regulations in this section, the following summarize the intent for each of the corridors in the City. It is the intent within all corridors to encourage retail and institutional uses to develop at the major intersections where they can benefit from both east-west and north-south traffic access.The State Highway 114(SH 114)Corridor and the Village Center are intended to be comprised of destination activities such as employment and retail centers. They will reflect comprehensive planning,and have elements of a uniform urban design that mirror the residential quality of the city. The FM 1709 Corridor is intended to be primarily a corridor of residential subdivisions,with some local service retail,offices and institutional uses at major intersections. The FM 1938 Corridor is primarily a service area for Southlake, Keller and North Richland Hills. It is intended to be a mixture of light industrial, large scale retail and wholesale uses. It may include auto service and repair uses. 43.4 PURPOSE-The purpose of the SH 114 Corridor Overlay Zone is to provide for consistent development of office, retail, commercial, and residential areas along a major traffic corridor through the City of Southlake. The purpose of the Village Center is to identify a unique area of the City which is bounded by SH 114, FM 1709 and Carroll Avenue, to 43-1 encourage pedestrian oriented retail and entertainment uses having high quality urban (sv design characteristics. The purpose of the FM 1709 Corridor Overlay Zone is to provide for consistent developments of residential,office,local service retail and institutional areas along a major traffic corridor through the City of Southlake. The purpose of the FM 1938 Corridor Overlay Zone is to provide for consistent development of light industrial, large scale retail and wholesale areas along a major traffic corridor through the City of Southlake. The standards set forth herein are designed to enhance the visual image of the corridors and maximize traffic safety. 43.5 DEFINITION AND APPLICABILITY-The Corridor Overlay Zone includes the entirety of all properties which adjoin or are located within 100 feet of the future SH 114 ROW,the FM 1709 ROW,and FM 1938 ROW.or any property which provides for vehicular access to said Rights-of-Way or which provides for vehicular access to an arterial street within 500'of said Rights-of-Way. The Corridor Overlay Zone also includes the area bounded by SH 114, FM 1709 and Carroll Avenue, designated as the Village Center. Development within the Village Center shall meet all criteria for the SH 114 Corridor or the FM 1709 Corridor as established herein. The standards and regulations set forth in the Corridor Overlay Zone are superimposed and shall supersede the standards and regulations of any underlying zoning district which are in conflict. 43.6 PERMITTED USES - Permitted uses shall be in accordance with the underlying zoning district. However in C-2, C-3 and C-4 districts, tires, batteries and automobile accessory sales, provided that such activities occur entirely within the confines of the business structure itself and nursery yards may only be allowed as a Specific Use Permit. 43.7 ACCESSORY USES-Any accessory uses allowed in the underlying zoning district shall be permitted. 43.8 SPECIFIC USE PERMITS - Any specific use permits allowed in the underlying zoning district shall be permitted. 43.9 DEVELOPMENT REGULATIONS-Except as follows,any development regulations set forth in the underlying zoning district shall be applicable. a. Concept Plan and Site Plan Required-Any applicant for zoning within the Corridor Overlay Zone must submit concurrent with their zoning application,a Concept Plan which meets the requirements of Section 41 or a Site Plan which meets the requirements of Section 40 of the Zoning Ordinance No. 480 as amended. All properties zoned at the effective date of this ordinance which do not have a Council approved Concept Plan or Site Plan on file with the City shall submit a Concept Plan or Site Plan meeting the above requirements prior to the submittal of a building permit request. A Site Plan must be approved by Council prior to the issuance of a 43-2 building permit. All Concept Plans and Site Plans may only be approved by the City Council after a recommendation by the Planning and Zoning Commission in accordance with the same notice and hearing requirements for zoning changes as set forth in Section 46 of Ordinance 480, as amended. b. Variances-At the time of review of any required Concept Plan or Site Plan, the City Council may grant variances to the development regulations set forth in this Section and to Section 35.6, "Number of Off-Street Parking Spaces Required." A parking space variance can only be at the request of the Owner/Applicant and cannot be required by the City Council as a part of their approval of any Concept Plan, Site Plan, Developer's Agreement or by any other means. The City Council shall be limited to granting a variance to no more than ten percent (10%) of the required number of off-street parking spaces. (As amended by Ordinance No. 480-CC). 1. To receive a variance, the applicant must demonstrate one of the following: (a) A variance will reduce the impact of the project on surrounding residential properties; or (b) Compliance with this ordinance would impair the architectural design or creativity of the project; or (c) A variance is necessary to assure compatibility with surrounding developed properties; or (d) The proposed construction is an addition to an existing project that does not meet the requirements of this ordinance. In addition, to receive a variance from the outdoor storage regulations in this section, the applicant must demonstrate that the variance will not substantially impair the intent and purpose of the regulations of this ordinance and one of the following: (e) Compliance will result in the destruction of an existing masonry screening device; or (f) Compliance would present extraordinary difficulties in the use of the property; or (g) Compliance would substantially impair the architectural design of structures dedicated or related to the use. 43-3 (pf 2. The City Council may grant a variance by an affirmative vote of a majority of the City Council members present and voting on the matter. In order to grant a variance,the City Council must determine that a literal enforcement of the regulations will create an unnecessary hardship or a practical difficulty for the applicant;that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed; that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties; and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance. 3. If a variance application is denied by the City Council, no other variance of like kind relating to the same project or proposed project shall be considered or acted upon by the City Council for a period of six(6)months subsequent to the denial. c. General Development Standards - The following standards shall apply to all non- single family residential development in the Corridor Overlay Zone and the Village Center unless noted otherwise. For any non-single family residential use or building developing within 400' of single family residential property, development regulations set forth in Part III("Residential Adjacency Standards") of this section shall also be required. (As amended by Ordinance No. 480-CC). Cre 1. Architectural Standards: (a) Masonry Requirements:These standards shall apply to facades which are visible from the following roadways and their respective rights- of-way: SH 114,Carroll Avenue between SH 114 and FM 1709,FM 1709,FM 1938,and roadways designated as having sixty-foot(60') or greater rights-of-way in the Thoroughfare Plan. All facades of the applicable buildings shall be constructed with the same material and all buildings shall meet the masonry requirements as set out in Ordinance No 557, as amended. However, such masonry requirements shall exclude the use of cement, concrete tilt wall and other masonry materials of similar characteristics.In addition,the use of standard concrete block shall be limited to 10% of any facade visible from adjacent public ROW. Stucco or plaster shall only be allowed when applied using a 3-step process over diamond metal lath mesh to a 7/8th inch thickness or by other processes producing comparable stucco finish with equal or greater strength and durability specifications. It shall be the sole authority of the Chief Building Official to determine when synthetic products are comparable in strength and durability to stucco finishes 43-4 These synthetic products shall be installed per the manufacturer's standards by certified installers and shall be subject to staged inspections throughout the construction process. The use of synthetic products (e.g., EIFS, Hardy plank, or other materials approved by the Chief Building Official, as noted above) shall be limited to eighty percent (80%) of the building's exterior finishes, exclusive of all windows, doors, and glass construction materials. (b) Roof Design Standards: In an effort to screen rooftop mechanical equipment, other appurtenances, and flat or built-up roofs, all structures having a 6,000 square feet or less footprint shall be constructed with a pitched roof as defined in Section 43.12 of this ordinance. Those structures having a footprint greater than 6,000 square feet shall be constructed with either a pitched, parapet, or mansard roof system (enclosed on all sides). Standing seam metal roofs shall be constructed of a factory-treated, non-metallic, matte finish. Metal roofs with lapped-seamed construction, bituminous built-up roofs, and flat,membrane-type roofs which are visible from adjacent public ROW shall be prohibited. (c) Mechanical Equipment Screening: All buildings must be designed such that no mechanical equipment(HVAC, etc.) or satellite dishes shall be visible from SH 114, Carroll Avenue between SH 114 and FM 1709, FM 1709, and FM 1938 and any adjacent public ROW. This shall include equipment on the roof,on the ground or otherwise attached to the building or located on the site. Rooftop mechanical equipment and/or other rooftop appurtenance screening shall be accomplished by either the construction of 1) the roof systems described in subparagraph (b) above or 2) an architectural feature which is integral to the building's design and ensures that such equipment is not visible from adjacent public ROW. The fencing of or enclosure of individual mechanical units shall not be permitted except as described above. All rooftop mechanicals or architectural features described herein shall be shown on the required building elevations at the time of site plan approval. (d) Facade Articulation: On all non-single family residential buildings, all facades which are visible from SH 114, Carroll Avenue between (ow 43-5 SH 114 and FM 1709, or FM 1709, the following horizontal and Cry vertical articulation must be met(see Exhibit 43-A for clarification). i. Horizontal Articulation: No building facade shall extend greater than three(3)times the wall's height without having a minimum off-set of 15%of the wall's height,and such off-set shall continue for a minimum distance equal to at least 25% of the maximum length of either adjacent plane. ii. Vertical Articulation: No horizontal wall shall extend for a distance greater than three (3) times the height of the wall without changing height by a minimum of 15% of the wall's height,and such height change shall continue for a minimum distance equal to at least 25% of the maximum length of either adjacent plane. (e) Exposed Columns: Exposed structural support columns shall be constructed of,or clad in,the same masonry material as the principal structure. Architecturally significant columns(e.g. fluted,etc.)may be permitted. (f) Architectural Fencing: All architectural fencing which runs roughly parallel to the SH 114,Carroll Avenue,FM 1709,FM 1938 rights-of- way, shall be constructed of the primary masonry materials of the building, wrought iron or living plant material. It shall not run in straight line without being off-set by a minimum of 6 feet every 60 feet. It shall be located no closer to the ROW than one half the width of the required bufferyard. (g) Reflective Glass: No more than 50%of any facade may be reflective glass. For the purposes of this ordinance, reflective glass shall be defined as glass having a reflectance of greater than 10%. (h) Height: Same as in underlying zoning, unless the building is constructed within Village Center. All properties which are located within the Village Center shall be further limited in height to the underlying zoning district or maximum elevation of 710 feet (National Geodetic Vertical Datum of 1929), whichever is lower. 2. Site Design Standards: (a) Building Setback: All lots within the Corridor Zone shall maintain a minimum building setback of 50 feet adjacent to SH 114, FM 1709 43-6 and FM 1938 rights-of-way and the east ROW of Carroll Avenue. All other building setback regulations shall be the same as in the underlying zoning district except as otherwise noted herein. (b) Parking Area Restriction: No parking shall be allowed in any required bufferyard. (c) Loading and Service Areas: Loading and service areas shall be located at the side or rear of buildings. A minimum 10 foot solid screening wall shall be required to screen views of loading docks and loading spaces intended for tractor/semi-trailer delivery from any public right-of-way. This 10 foot wall must screen the entire loading dock or space. Screening materials shall utilize similar masonry materials to the front facade. The accommodation of adequate access for service delivery trucks may be evaluated to determine the extent of screening required. (d) Trash Receptacles and Recycling Receptacles: Trash and recycling receptacles shall be four sided with a gate and located outside bufferyards, and to the side or rear of the principal building. They shall be screened by a minimum eight foot(8') solid masonry screen and shall utilize similar masonry materials to the principal structure. (e) Play Structures:Play structures shall not be placed outdoors between the primary building and any adjacent public ROW. (f) Plan Review: In addition to other factors set out in the Zoning Ordinance, Concept Plans, Development Plans, and Site Plans shall be reviewed for: i. Meeting the intent of the landscape provisions in the Landscape Ordinance No.544,as amended,and the buffering and screening provisions herein and in Section 42 (Bufferyards) and Section 39 (Screening) of the Zoning Ordinance No. 480, as amended. ii. Achieving the intent of Architectural Standards and Site Design Standards. iii. Proper site entry identification and site circulation to avoid congestion at ingress and egress points. L 43-7 3. Landscape Standards: All sites shall, as a minimum, meet the following standards and the standards set out in the Landscape Ordinance No. 544, as amended, and Section 42 (Bufferyards) of the Zoning Ordinance, as amended. Where the following standards conflict with the Landscape Ordinance and the Bufferyards Section of the Zoning Ordinance, these requirements shall prevail: (a) Bufferyard Plantings: The plants shown in Exhibit 43-B shall be required per one hundred feet (100') of ROW frontage for the referenced bufferyard. The Landscape Administrator may approve the substitution of canopy trees for the required bufferyard shrubs at the ratio of one (1) 4" caliper canopy tree for every six(6)shrubs up to a maximum of 50% of the required bufferyard shrubs. (b) Required Bufferyards: The bufferyard required shall be based on the underlying zoning district designation as shown in Exhibit 43-C.For S-P-1, S-P-2 and PUD districts the bufferyard shall be determined based on the district which most closely resembles the proposed land use. Any building which has a loading dock which is located at the side or rear of the building and is visible from SH 114, Carroll tre Avenue or FM 1709 shall provide a bufferyard in accordance with Table One,however the calculated quantity of canopy trees shall be doubled along the rear property line. (c) Plant Material Sizes: Plant materials shall meet the size requirements set forth in the Landscape Ordinance, as amended. (As amended by Ordinance No. 480-JJ.) (d) Plant Material Selections: Plant materials selected for planting within the bufferyards are recommended to come from but not be limited to the following plants: SH 114 Canopy Trees: Bur Oak, Red Oak, Leyland Cypress Other Corridor Canopy Trees: Cedar Elm, Lacebark Elm, Red Oak, Leyland Cypress, Live Oak, Bur Oak. Accent Trees: Tree Yaupon, Red Bud, Eldarica Pine, Wax Myrtle, Ornamental Pear, Mexican Plum, Possumhaw. (e) Sites Larger Than Five Acres: On sites in excess of five(5)acres,the Landscape Administrator may approve variations in the location of the required front bufferyard plantings to an area within two hundred 43-8 (iv feet (200') of the ROW For every additional fifty feet (50') of bufferyard width,the required number of plantings shall increase by twenty-five percent (25%) of the required number. (f) Erosion Control/Retaining Walls: Any slope embankments or retaining walls within public ROW or within the required bufferyard must be terraced every four feet (4') in height (maximum) with a minimum two foot(2')planting area provided between each vertical plane. Materials used for the vertical elements shall be natural stone, railroad tie, landscape timbers or any masonry material which matches the masonry material used on the front facade of the primary building. The planting area must contain plant materials other than grass. (g) Open Drainage Channel Standards: Any open drainage channels within the corridor overlay zone shall be constructed of materials and methods as established by the City Council. (h) Parking Lot Impacts: The parking lot landscape area shall meet the requirements set forth in the Landscape Ordinance,as amended. (As amended by Ordinance No. 480-JJ.) 4. Requirements for Ancillary Outdoor Storage: The following are requirements for ancillary outdoor storage in non-residential districts located in the Corridor Overlay Zone. All uses with ancillary outdoor storage and display of any goods, materials, merchandise, equipment, parts, junk or vehicles (over night parking) shall not be permitted unless in conformance with the following regulations: a. All proposed areas used for ancillary outdoor storage and the associated method of screening shall be indicated on an approved site plan, development plan or concept plan along with scaled elevation drawings indicating the type of screening and materials proposed to be utilized. b. Outdoor storage screening shall be accomplished by the construction of a minimum eight(8)foot Type I masonry wall. No portion of the screening device shall be used for advertising and display of signage or materials. c. The Type I screening wall shall meet the articulation requirements set forth in Section 43.13.d. This requirement shall apply to walls 43-9 constructed simultaneously with the principal building or those added at a later date. d. Outdoor storage areas shall observe all setback requirements for the principal building on the lot. e. All surface areas dedicated to outdoor storage must be constructed of an all weather surface material and shall be exclusive of any required parking. f. Outdoor storage areas shall not be located forward of the principal building and when possible, shall be located at the side of the building not facing a public street, events(Sec Exhibit 43 F) Also the i* d l t d b , excl„ded f o tL, o`er nts of S.cti_n 3 n _ 4_ i. newspapers; d ,td„ r f 1 1. , iii. charitable sales events sponsored by non profit organizations pro ,idea t at the e t o * a usval e rchandis d d tl. t tL d•t etion t (All d t' 1 e � 1 alvaa av subject to the f 11 „lntie s regardless efthe-date-that a site Sa ,concept Y 1 vl ad v 1 t 1 ,,, d\ (a) Acceptable ite 1, d t' 't' t b t d sitemsZTIIE!-;��eiP.'7e,f it "1 stelesbelow: 1) li inn p�c«t ;2) bundled-fir weeds 3) merchandise f vendefs7 lawn anal garden; e d t V ll h l Ml L11K11VV promotional s t •J a„ sh 11 t b t d t d th removed a„d V�t u d d t tl, d f h v� .tale a business y\ 43-10 Unaeeeptubl r L d L without ee y1 d th r d i types of:t`ms listed below: 1 1;..nces; 2) ti e e and-drinkproduetst--7)--iewelizi;-8)-speftinggee , n `' is• 1 1) „., er er scooters; 12) furniture; 13) clothes; 14) containers;-ands eels;-1-6)-bagged C^ el, ., ulehf Y soil f f rril' "a 1 d d 7 7 17) mY J e t••pr ( .�t�vau t Y f t t d � nd-�atien a Cir vf—Sv tuhiak�} u (b) Ne a tl, 50% of the-pedest the a ll hard surface area located parallel to the front of the buildinb ba vi: of ped t 1 tL T be-use d for storage-prvvng thaterg pedestfiaa-path,sidei� l�aut or hard surfaceL ll ntain no less tLa... 5' idth - Exhibit 43 G). (c) TLe sto h 11 t .] 3nrn f h i � � ar.,u frenta p 1+ y v a aaia 1.. ild; (S 1r h'b t 43 G) 0) « e" uaad' f 1 tl t .1 f Ft h ic1 (e) The.++ c d' e f .,le of l ..te.1 ___thin require d landscaped ., e e f 1 eif r �., red pL' b a.uvu , , f Fe weather „rf (f) Th�la. of h d h ll b t ' d ' r eJ' {AaSSV�I 111-a neat orderly f a t b to 1 ,t 1,' h rl. €our__( r He ght r ,..lt] shag apply-to liv�ingg-pl r t 1 v ua rt.e 1 f Ch t-- trees. g) P ek.,ge,1 t is ,d s layed eutdeerrshall net be readily identifiable by type er product name from adjacent publi r is a ad'J r s:denti.,l p rr L y rke package�.,eals�, .,le t., gnu eF of 43-11 (10, (h) Such ...e rcha, l: e ,ter not; ede traf , fl.,w o \ll block site distance ., the streer f rath n s ,, n e stvn aretace uouvviutedlvw veiit dfil kpl , h7g Outdoor Storage must comply with the screening requirements set forth in Section 39. If the regulations in this section conflict with those in Section 39, the most stringent regulations take precedence. Materials stored outdoors, excluding vehicles, trailers, and mobile machinery or equipment,shall be stacked no higher than one(1)foot below the top of the required screen. Also, all reasonable measures shall be taken to ensure materials are not clearly visible from elevated roadways (See Exhibit 43-H). When reviewing site plans, development plans or concept plans associated with the ancillary outdoor display and sale of living plant material (i.e. garden center) and its associated materials, the City Council may waive the requirement for the Type I screen and allow a combination of wrought iron and masonry materials (similar to the principal building) provided that the applicant clearly demonstrates on the plans submitted that the associated materials meet the screening requirements outlined below. Any merchandise typically associated with a retail garden center such as mulch, lawn equipment, propane items, barbecue grills, paving stones,landscape timbers,bird baths,garden chemicals,etc. may be stored within this area provided that these items are not prominently displayed or featured from the public right-of-way through the wrought iron portion of the screening wall. This may be accomplished by one of the following: 1) attaching a semi-opaque (Type II)mesh material to the wrought iron portion of the screen; 2) placing living plant materials such that these plants serve as a semi- opaque screen for the non-living plant material; or 3) storing these goods behind the masonry portion of the screen wall in a manner that the goods are not clearly visible from the public right-of-way. The Type II screen must meet the articulation requirements set forth in Section 43.13.d. lj_ The following activities are excluded from the requirements of Section 43.9.c.4: 43-12 (ii i. general construction activities; and ii. operations with primary outside storage. 5. Requirements for Primary Outdoor Storage:The following are requirements for primary outdoor storage in non-residential districts located in the Corridor Overlay Zone. All uses with primary outdoor storage of any goods, materials, merchandise, equipment, parts, junk or vehicles (over night parking) shall not be permitted unless in conformance with the following regulations. a. All areas used for primary outdoor storage and the associated method of screening shall be indicated on a submitted site plan,development plan or concept plan along with scaled elevation drawings indicating the type of screening and materials proposed to be utilized. b. All operations that have primary outdoor storage (except those uses specifically identified in Subsections 43.9.c.5.d and e)are also subject to the requirements in Subsection 43.9.c.4 and Subsection 39, except for the following: i. adjacent screening of the principal outside storage material v from the public right-of way may be accomplished through any acceptable Type III screen; and ii. the Type III screen is not subject to the articulation requirements set forth in Section 43.13.d. c. The primary outdoor storage of living plant material stored on the ground is not subject to the screening requirements in Sections 43.9.c.4 or 43.9.c.5. All equipment, tools, vehicles, etc. associated with the upkeep and maintenance of the living plant material that are stored outdoors are subject to the regulations in Section 43.9.c.4. d. A periodic market held in an open area,such as a farmers'or flea market, where groups of individual sellers offer goods for sale, are not subject to the regulations in Section 43.9.c.5. e. General construction activities are not subject to the regulations in Section 43.9.c.5. III. RESIDENTIAL ADJACENCY STANDARDS 43-13 (iv 43.10 The following residential adjacency standards shall apply to all non-single family residential buildings or uses located within the Corridor Overlay Zone,the Village Center, and those buildings and/or uses lying within four hundred feet (400') of single family residential property(See Development Regulations in Section 43.13a)and to all non-single family residential buildings and/or uses located within two hundred feet(200')of property being within the "MH" Manufactured Housing District and also having a low density or medium density residential land use designation according to the Land Use Plan (See Development Regulations in Section 43.13b). (as amended by Ord. 480-QQ) These standards are in addition to the development regulations applicable to the underlying zoning district and the corridor overlay zone(where applicable).When any requirements in this section are in conflict with any other requirements for the underlying zoning district, the more stringent requirements shall apply. 43.11 PURPOSE AND INTENT - In order to preserve and protect the integrity of residential neighborhoods within the City of Southlake,and in an effort to protect the quiet enjoyment of single family residential properties and to maintain property values, the City has determined that it is necessary and appropriate to adopt specialized regulations for non- single family residential uses and buildings that develop within 400 feet of single family residential properties. Cor 43.12 DEFINITIONS AND APPLICABILITY-For purposes of Part III of Section 43,the four hundred foot (400') distance shall be measured from the non-single family residential building and/or use to the property line of the single family residential property and the following terms shall be defined as: Non-single Family Residential Use or Building - All nonresidential district uses or buildings as well as two-family and multiple-family residential district uses or buildings. Pitched Roofs-A roof system having two or more slopes,excluding visible flat or built-up roofs. Single Family Residential Property-Any lot or tract of land with single family residential zoning(i.e.,RE,SF-1A,SF-1B,SF-30,SF-20A,SF-20B,and R-PUD)or any lot or tract of land designated as low or medium density residential on the Land Use Plan. Visible - Capable of being seen at a height of six feet (6) while standing at the highest grade on the residential property line. 43.13 DEVELOPMENT REGULATIONS: 43-14 a. In addition to the development regulations set forth in the underlying zoning district, (ir a plan meeting the requirements set forth in subparagraph 43.9a of this section and meeting the following additional development regulations shall be required to be submitted for any use or building that develops within 400 feet of single family residential properties. When applicable, line-of-sight drawings shall be submitted with the application to assess issues of visibility. (1) Masonry Requirements: All facades of the applicable buildings shall be constructed with the same material(s) and all buildings shall meet the masonry requirements as set out in Ordinance No 557, as amended. However, such masonry requirements shall exclude the use of cement, concrete tilt wall and other masonry materials of similar characteristics. In addition, the use of standard concrete block shall be limited to 10% of any facade that is visible. Stucco or plaster shall only be allowed when applied using a 3-step process over diamond metal lath mesh to a 7/8th-inch thickness or by other processes producing comparable stucco finish with equal or greater strength and durability specifications. It shall be the sole authority of the Chief Building Official to determine when synthetic products are comparable in strength and durability to stucco finishes. The use of synthetic products (e.g., EIFS, Hardy plank, or other materials approved by the Chief Building Official, as noted above) shall be limited to eighty percent (80%) of the building's exterior finishes, exclusive of all windows, doors, and glass construction materials. 2) Roof Design Standards:In an effort to screen rooftop mechanical equipment, other appurtenances, and flat or built-up roofs, all structures having a 6,000 square feet or less footprint shall be constructed with a pitched roof. Those structures having a footprint greater than 6,000 square feet shall be constructed with either a pitched,parapet,or mansard roof system(enclosed on all sides). Standing seam metal roofs shall be constructed of a factory- treated, non-metallic, matte finish. Metal roofs with lapped-seamed construction,bituminous built-up roofs,and flat membrane-type roofs,which are visible, shall be prohibited. 3) Mechanical Equipment Screening:All buildings must be designed such that no mechanical equipment (HVAC, etc.) or satellite dishes shall be visible. This shall include equipment on the roof,on the ground or otherwise attached to the building or located on the site. 43-15 (iw Rooftop mechanical equipment and/or other rooftop appurtenance screening shall be accomplished by either the construction of 1) the roof systems described in subparagraph (b) above or 2) an architectural feature which is integral to the building's design and ensures that such equipment is not visible. The fencing of or enclosure of individual mechanical units shall not be permitted except as described above. All rooftop mechanicals or architectural features described herein shall be shown on the required building elevations at the time of site plan approval. 4) Facade Articulation: On all facades the following horizontal and vertical articulation must be met(see Exhibit 43-A for clarification). i. Horizontal Articulation:No building facade shall extend greater than three(3)times the wall's height without having a minimum off-set of 15% of the wall's height, and such off-set shall continue for a minimum distance equal to at least 25% of the maximum length of either adjacent plane. ii. Vertical Articulation: No horizontal wall shall extend for a distance greater than three (3) times the height of the wall without changing height by a minimum of 15% of the wall's height, and such height change shall continue for a minimum distance equal to at least 25% of the maximum length of either adjacent plane. 5) Height: Same as in underlying zoning. 6) Loading and Service Areas:Loading and service areas shall be located at the side or rear of buildings. Where visible, a minimum 10 foot solid screening wall shall be required to screen views of loading docks and loading spaces intended for tractor/semi-trailer delivery. This 10 foot wall must screen the entire loading dock or space. Screening materials shall utilize similar masonry materials to the building's facades. The accommodation of adequate access for service delivery trucks may be evaluated to determine the extent of screening required. 7) Trash Receptacles and Recycling Receptacles: No trash receptacles or recycling receptacles shall be located within fifty feet(50') of single family residential property.Trash and recycling receptacles shall be four sided with a gate and located outside bufferyards,and to the side or rear of the principal building. They shall be screened by a minimum eight-foot(8')solid masonry screen and shall utilize similar masonry materials to the building's facades. 43-16 tir 8) Setbacks/Yards:No non-single family residential building may encroach in the area above a line having a slope of 4:1 from any single-family residential property. However, a structure may be built up to within 40 feet of the residential property line, provided that the structure is no greater than one story or 20 feet in height. (See Exhibit 43-E for clarification.) Any applicable structures abutting a local street (i.e., residential street and cul-de-sac as defined in the Thoroughfare Plan)shall provide minimum front and side yards equivalent to the front and side yards required for the single family residential property within 400,' but not less than the front and side yards otherwise required in the underlying zoning district. 9) Spill-over Lighting: No use or operation shall produce direct or indirect illumination across a residential property line except in compliance with the current lighting ordinance,as amended. (As amended by Ordinance No.480- GG.) 10) Noise: Noise levels shall comply with the requirements of the current noise ordinance, as amended. (As amended by Ordinance No. 480-KK.) 11) Variances: Variances to the development regulations in this Section shall be limited to those set forth in Section 43.9 b of this ordinance. tre b. In addition to the development regulations set forth in the underlying zoning district, the following additional development regulations shall be required for any non-single family residential use or building within two hundred feet(200') of property being within the"MH"Manufactured Housing District and also having a low or medium density residential land use designation according to the Land Use Plan. (as amended by Ord. 480-QQ) 1) Mechanical Equipment Screening: All buildings must be designed such that no mechanical equipment (HVAC, etc.) or satellite dishes shall be visible from the adjacent MH district. This shall include equipment on the roof,on the ground or otherwise attached to the building or located on the site. Such equipment shall be appropriately screened with fences or by vegetative or other means. 2) Loading and Service Areas:Loading and service areas shall be located at the side or rear of buildings. Where visible from the adjoining MH district, a minimum 8-foot screen (either masonry or vegetative) shall be required to screen views of loading docks and loading spaces intended for tractor/semi- trailer delivery. This 8-foot wall must screen at least 80% of the loading 43-17 dock or space. The accommodation of adequate access for service delivery trucks may be evaluated to determine the extent of screening required. 3) Trash Receptacles and Recycling Receptacles: No trash receptacles or recycling receptacles shall be located within twenty-five feet (25') of MH district property.A minimum six-foot(6')masonry or vegetative screen shall screen trash and recycling receptacles. 4) Setbacks/Yards:No nonresidential building may encroach in the area above a line having a slope of 2:1 from any MH district property. However, a structure may be built up to within twenty-five feet(25') of the MH district property line, provided that the structure is no greater than one story or twenty feet (20') in height. 5) Spill-over Lighting: No use or operation shall produce direct or indirect illumination across a residential property line except in compliance with the current lighting ordinance, as amended. 6) Noise: Noise levels shall comply with the requirements of the current noise ordinance, as amended. 7) Variances: Variances to the development regulations in this Section shall be ', limited to those set forth in Section 43.9 b of this ordinance. 43-18 1 , • EXHIBIT 43-A (6, BUILDING ARTICULATION H=Height of building MHFL=Maximum horizontal facade length MVFL=Maximum vertical facade length `.••z% MHOL=Minimum horizontal offset lengths"N*-----;.:-_____:. • e MVOL=Minimum vertical offset length ..%ifir:.,,,;Z,;.,iii!:: .................:::=1..;..;.....;.....! I......... .;...........................:71 ..01. .,,'I'e,";'`...41,90 51:4ar.:-____=7-',.:1=4*--.....:":4---.'-:---:--- :!.=f7.7-7-7=::. ::::;:: Fel--:.:.........:::::::r::::::iiii:: •-, AE,?23.1 1:1; -::--•÷1•:: -T::-t•''.1Hr..:•iii".:1ES.9'.•:7 iii:-F-:-71.... tliiig EFAEF-inr:EiiiiEs'i•Eiiissim . "k'",'"'..i'7.4.;•r.:-.1tire-:.::.-.:=.:.............._...........;;=:=,=,;;:;.. ....= :„....................:..:..... •giVi FiliggiliW"-r-:-'1:7- 11:i5311-7"1::'''''''''="=. ;•:1.--iii!!!!!!!!!!!!!!1!!!!!!!.:42222:.!.12 ••,,,,,, ,;!.÷:::::::::::---:::::=:ItiFEEE-:ir:aiiiian--....iiiiiiSi iS,L1EESF:EH!.....:E.:::.::::::::::E.:.„ '-‘7C:?4:7--"=.•-•:27:-•-::: ::::::F:::::::::::....''rr.:: :7_7::::,.„...:.....n'.:::::.:::::::::.!! I( MHFL=3(H) )' $„ 1 • MHOL = 15%(-H)i Is----, MHFL = 25%of maximum length of either adjacent plane =25%of maximum length ISOMETRIC OF HORIZONTAL ARTICULATION MVFL of either adjacent plane 1 MVFL=3(H) I( ii I I N, MVOL= 15%(H) ( (1111, ' t."-....:....-::::;::::-1:••••••••-•-------- .... III. •=".-'4-::':-.F.+-•:•JiEiHHF•iiqiiliiiP•riiKiiiiigiair•÷:'.4:1:-:111;11:i: :-.41.0ii'• J3117-:'•1 \-• ir• -• -7.--w•-51-Tr--411-411r•-,:15-•:=:=::=:':=Ei:iii:::=7'.7.::::::::......-..,-__----::: :%•4•"==...„:::••• '''.----:•-•—÷.-411•7=iilm .1.-1:1=1:-:1E-Ei.iiIiiiTir:iirrli iiiiiiiiiiiiPErai iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii • 4..5a4.1:1E7iiarrirciaillit:i1 '"'''::::":::TC:::=:= ti:1•11 L ......-.........:::__.. • • Er•zhi,=====:::rZ*1-=:'::r•iir.::7.--.=::::::::7.:::::=::::7.7...r.--77-:.-.:=:er7+.T.i...-Zir:Bil • du••:-. .':iiIE-.4-:1'•Zr•:41..--z-7.'"-TEHF:2Ez::::::7.7.--"'=•:••:7•=•••= r*=,%P. . tEiii•::4-::EEHEiiiFiEEE1 . • • — . 1:7.:::-=E:::-_-EHEEE:••:r:..;5:ii.:HE.:::1;;;;;;;;;::::;;:j.r::::.:i4:::::;-!21-2:4;; ;; E...F7-7...........:;;;:................. ...................... :: ::::::::Lt _.................. i:-..E:::::::::1:::F..1:= 79E:=:Tzlz:i.:::::-..:...17.222:.'.:T.':::::-. :::=-7:7:7.::•-::--;-.4 .---.--._----- ,i---•'.•:-:-."-'4"::- --"------'=-------.="-1-77::::7-11:17-.:-..**,-----r---------------:--•-"`-- .....----------- ----------•--- • - ...3-a.--:-•••:..:......-.1;z-..,g-....:.x.:1.--=-,-_-.-..11.-...1..--L:is-:.•:••:--r::::=:..-::3-.4--"--1•1-:-a:al------=---•-,--;7gh F.7::i i--''---=-.-1 ••••••----•r•-•.- •::::,:-.7----•=7?-1:-•=r----1•—•••••—• •:---:==:7.:::::::.=... .........-.....42-1=-....... ............-:7 -- .----.................---....-_--- ........_....•••=••-••••• -.....- -........-----= ii 14 -7r7lg1Pliigt L . A•varr • ............. • ..'.........:7: ILV=1.0r-Miiiiiiiiiiigiliiiiiii!iiiiiiiiiiitiiiiiiiiiiiihi -4........7:7:= ...r:._=.::.ii::: E:-..:Ai::::73:::?.:::.-::..:.-::=rt.22:::rt:z!tkrlybijri•::t:::::_...::F.:Sij:,z-..7.:-.*2.....,:•:T--I.:.::::. .:.4.gMKtr-: lir --.. — -- .. •• ::::::=::::::::::=::::::::::::::::::::::::=::•••••-.............................--=.... Mililrif.—::- L-• ...:.......... -II.. —... ......................................................................•-••••••••••••-... •nr==—. - - ...•-•'.•; - NSN40, • • • • PLAN VIEW-HORIZONTAL ARTICULATION ELEVATION-VERTICAL ARTICULATION C 43-19 SUMMARY OF BUFFERYARDS LBufferyard Canopy Accent Trees Shrubs Width Note Trees G 2 3 10 25' H 3 5 12* 25' I 3 2 12* 25' J 4 3 14* 25' K 4 6 18* 25' L 2 3 10 20' M 3 2 12* 20' N 3 5 12* 20' O 4 3 14* 20' P 4 6 18* 20' Q 2 3 10 15' R 3 2 12* 15' S 4 4 12* 15' T 4 5 18* 15' NOTES/LEGEND • Where parking is provided between the building setback line and public R.O.W., shrubs obtaining a mature height of three feet(3')or greater must be planted at a maximum spacing of thirty inches (30") on center continuous along all paved edges of the parking or drive areas. 43-20 EXHIBIT 43-C REQUIRED BUFFERYARDS Zoning of S.H. 114 F.M.1709& F.M. Developing E.R.O.W. 1938 Tract Carroll between 1709 &114 AG * * * RE G L Q SF-lA G L Q SF-1B G L Q SF-30 G L Q SF-20A G L Q SF-20B G L Q MH H N S MF-1 H N S MF-2 H N S 41.0, CS J 0 R 0-1 I M R 0-2 I M R C-1 J 0 S C-2 J 0 S C-3 J 0 S C-4 J 0 S B-1 J 0 S B-2 J 0 S I-1 K P T I-2 K P T HC J 0 R * No bufferyard required 43-21 EXHIBIT 43-E REQUIRED BUILDING SETBACK FROM RESIDENTIAL • Residential 'Ole Property Line topetti`J Resldentlas u e fTp0 test e�tia�Q Rear Yard•40� 4,-gl p ri 1 ,` 40' t I t------► 1 �'N 1 I I I t I Rear Yard 50 ft. 100 150 200 L Note: Per Section 43.11, no non-residential building may encroach in the area above a line having a slope of 4:1 from any property line of a residentially zoned property or a property with a low or medium density residential land use designation in the Comprehensive Land Use Plan. However,a structure may be built up to within 40 feet of the residential property line,provided that the structure is no greater than one story or 20 feet in height. L 43-22 EXHIBIT 43-D PARKING PERCENTAGE CALCULATIONS Lie .—,--- .. - . t'Ull—PIN& 6UlLDIN6 ,""rr`&t v- `-' PARKIN&/� �1()Ct/ti , ±rl100 fo TOTALD .,1� • (6vz or 147;4. ..-..—. ,..‘ /7 xx a� .a _ t /// 7..,, : ///// t..._ (tor Qr Tbv., 6 olvy, RPM.Coil Y .mot R Vow no�l\ ,..-- .. - RQw.LYRE i 7tt 114F/eM 17or/KM.19of aµ 114/CM MI/tcht.116i J U J' 1L I t 11 12 � to a' 1ti Ol11Lk NEGT .e'l I'tfo 81D6• / / 8LD6. k leort arr'oj /:,//// arm.){ j t J. / 1 / lc / //J/ PJ�Rx W b ///// . / /11: / \\\ \ \\\�\�\ 1. 8LD6. _ BLob. ' -sri <, _lC t,. x \ `' \\ , o. nJr/lt 9tn-IcEN W.oa,R.o�+.) : :''tom\ \ �\�\\\\\\ \ \\ \ \ ?v7 or Tsc�c crew caw a.tna.alu.1i. ��re.0 rf6RYI.R V �, 1 f�� 2Y..n o�/\ _ - --_••^ Qew. IIrIL Raw.UM! Y .• - I J o.M t14/rtt./Ta' /r-n.tra8 nx u4/GM MI/Fh4 llof NOTE: Per Section 43.9.b.3.g,landscape areas must be provided throughout the parking lot based on the percentage of the total parking spaces which are located between the building facade and the right-of-way as follows: Percentage Landscape Area Required Per Parking Stall 0-25% 13 square feet per stall 25%-75% 18 square feet per stall >75% 23 square feet per stall co, 43-23 EXHIBIT 43-F ACCEPTABLE OUTDOOR STORAGE LOCATIONS EXHIBIT 4 3-F ACCEPTABLE OUTDOOR STORAGE LOCATIONS abler � Ioa-iion r-. '4- oar 5�0--' ,-C { s •1�I � Vil MI C -t'ba 4 -1 -,=ar - �"3` 1 3 !� f�l�p 1 I. vv GA C of STTz• T I. c+y,r.9I.7. L 43-24 PROPOSED CHANGES TO THE ZONING ORDINANCE SECTIONS 18 , 20 , 21 , 22 AND 23 SECTION 18 0-1 OFFICE DISTRICT 18.1 PURPOSE AND INTENT-This district is a commercial category designed and intended for the exclusive use of office and office related activities. It is established for and will be allocated to those districts capable of supporting commercial activity of an office character. It is envisioned as possessing a lower overall intensity of use and development when compared to other commercial categories. It is particularly well-suited for environmentally sensitive areas and those sites in which natural limitations make full area utilization infeasible. It has been established to encourage and permit general professional and business offices of high site quality and appearance, in attractive landscaped surroundings with the types of uses, and design exterior appearance so controlled as to be generally compatible with existing and future adjacent and surrounding residential development. This district should generally be located in areas abutting arterial and/or collector streets which are, because of location and development trends,suitable for the establishment of office uses that are compatible with residential uses thereby maintaining the character and integrity of existing and developing neighborhoods. This district is also ideally located in transitional areas between commercial and residential development which is adaptable to occupancy by certain office uses. The ultimate development within this zoning category must provide a low intensity of land usage and site coverage to enable the site to retain its park-like image. 18.2 PERMITTED USES a. Office Uses 1. Accounting and tax preparation; 2. Adjustment and collection services; 3. Advertising agencies; 4. Architecture; 5. Banking; 6. Billpaying services; 7. Business corporate headquarters (when used for office purposes only); 8. Business holding and investment services; 9. Chamber of Commerce; 10. Chiropractors; 18-1 ,. 11. Computer services; 12. Consumer and mercantile credit reporting; 13. Contractors offices (provided no outside storage or display is permitted); 14. Dentists; 15. Duplication and mailing services; 16. Employment services; 17. Engineering; 18. Finance; 19. Interior design; 20. Land surveying; 21. Law; 22. Management consultants; 23. Optometrists; 24. Other offices of a business and/or professional nature providing services not including the retail sale, fabrication, manufacture or production of goods or merchandise. 25. Physicians; 26. Podiatrists; 27. Psychiatrists; 28. Psychologists; 29. Radio recording and television broadcasting offices and studios; 30. Real estate and insurance; 31. Savings and Loan; 18-2 32. Securities and commodities brokers, dealers, underwriters and exchange offices; 33. Stenographic services; 34. Title companies; 35. Travel bureaus or services; 36. Utility offices; b. Community Facility Uses 1. Public, semi-public and private parks; 2. Recreation and open space to include playgrounds, parkways, greenbelts, ponds and lakes, botanical gardens, pedestrian paths, bicycle paths, equestrian bridal trails, nature centers, and bird and wildlife sanctuaries; 3. Libraries; 4. City halls, fire and police stations, and other municipal uses; and 5. Other uses of a similar nature and character. 18.3 ACCESSORY USES-In addition to those accessory uses specifically authorized in Section 34 of this ordinance,any use may be established as an accessory use to a permitted use when it complies with the conditions for an accessory use as defined in this ordinance. 18.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance,subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. (As amended by Ordinance No. 480-C.) 18.5 DEVELOPMENT REGULATIONS-In this district,the following development regulations shall be applicable: 18-3 a. Height: No building or structure shall exceed two and one-half(2-1/2) stories, nor (kwshall it exceed thirty-five (35) feet. b. Front Yard: There shall be a front yard of not less than thirty (30) feet. c. Side Yard: There shall be a side yard of not less than fifteen(15) feet except where the lot abuts property zoned as single-family residential there shall be a side yard of not less than twenty-five (25) feet. Zero lot line development may be permitted on a common interior lot line where construction of a party wall is used and when approved by the City Council after a recommendation by the Planning and Zoning Commission. Where zero lot development is utilized,the equivalent open space and plantings(normally provided in adjoining bufferyards along the common lot line) shall be provided elsewhere within the two developing lots. A concept plan meeting the requirements of Section 41 of this ordinance is required to be submitted with a request for zero lot line development. Approval shall be based upon an analysis of the location, the configuration, and the impact and compatibility of the construction with adjacent land uses. (As amended by Ordinance No. 480-U.) d. Rear Yard: There shall be a rear yard of not less than ten(10)feet except where the lot abuts property zoned as single-family residential there shall be a rear yard of not less than twenty-five (25) feet. e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding fifty(50)percent of the lot area. (As amended by Ordinance No. 480-C.) f. Floor Area: store, shop iness-shalt-hav of--fi-,eked (500) are f et of f o b t t-The minimum size for a separate building or structure existing within this district shall be three thousand (3,000) square feet. There shall be no maximum limitation except as may be required by other provisions of this ordinance or based upon a specific use restriction. g. Outdoor storage of trash receptacles shall be at the side or rear of the site and shall be totally encircled or screened by fence, planting or other suitable visual barrier. h. Off-street vehicle parking spaces may be located within the required front yard of any retail, office or industrial district;however, such off-street parking spaces shall be on a hard surfaced drive or parking area. i. Maximum Impervious Coverage: The maximum impervious coverage shall not exceed sixty-five(65%)percent of the total lot area. (As amended by Ordinance No. 480-JJ.) 18-4 18.6 ADDITIONAL DEVELOPMENT REGULATIONS FOR BUILDINGS OR USES LYING WITHIN FOUR HUNDRED FEET (400') OF SINGLE FAMILY RESIDENTIAL PROPERTY- In addition to the development regulations applicable to this zoning district, the development regulations in Section 43,Part III,Residential Adjacency Standards, shall also apply.When any requirements in this section are in conflict with any other requirements for this zoning district, the more stringent requirements shall apply. (As amended by Ordinance No. 480-CC). 18.7 SITE PLAN-A site plan meeting the requirements of Section 40 shall be required prior to the issuance of a building permit for any construction in the 0-1 district. (As amended by Ordinance No. 480-C.) (As further amended by Ordinance No. 480-M.) 18.8 SPECIAL EXCEPTION USES - Special exception uses may be approved by the Board of Adjustment as specifically authorized in Section 44 of this ordinance subject to full and complete compliance with any and all conditions required in Section 44, together with any other conditions as the Board of Adjustment may impose. Any use accessory to an approved special exception use shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance.(As amended by Ordinance No. 480-D.) (As further amended by Ordinance No. 480-M.) try 18-5 SECTION 20 C-1 NEIGHBORHOOD COMMERCIAL DISTRICT 20.1 PURPOSE AND INTENT-This district is a lower intensity commercial category providing a uniform set of standards for neighborhood type retail shopping facilities and general commercial support activities. It is intended that this zoning district be served by appropriate thoroughfares and be of such size that all parking and traffic maneuvering can take place on the commercial site. It is intended to provide neighborhood residential areas generally within one-quarter mile to one-half mile radius with limited,convenience services and small retail type items. It is intended that the development within a district or tract be established as a unit, with adequate off-street parking for customers and employees, with coordinated architecture, with coordinated signage and lighting specifically adapted to achieve compatibility with surrounding development and with appropriate landscaping and screening to reduce or eliminate any negative impacts on adjacent land uses. 20.2 PERMITTED USES a. Commercial Uses 1. Offices of a business and/or professional nature providing services not including fabrication,manufacture,or production of goods. (As amended by Ordinance No. 480-C.) 2. Bakeries, provided that the floor area of the bakery operation shall not exceed 2,000 square feet. 3. Barber and beauty shops. 4. Cleaners, laundries and/or Laundromats, provided that the floor area of the business does not exceed 2,500 square feet. 5. Gasoline filling stations that operate -conj}tnctien with small convenience stores. Such use may contain a small c-ar wash facility, but may not include fendenr body r � a ever-haul. (Deleted by Ordinance No. 480-Z.) 6. Grocery stores and/or meat markets provided that the floor area of the business activity shall not exceed 3,000 square feet. 7. Newsstands and/or bookstores provided that the floor area does not exceed 2,500 square feet of space. 8. Restaurants, tea rooms and/or"take-out"food establishments,provided that the floor area of such operation does not exceed 2,000 square feet. Food service establishments operating in this district are envisioned to be relatively 20-1 small operations designed at providing neighborhood support, such as delicatessens and limited menu item establishments that generate low to moderate traffic from outside the neighborhood area. 9. Tailor, clothing or wearing apparel repair shops to include tailor activities that create custom made clothing or accessories. b. Community Facility Uses - City hall, fire and police stations and other municipal uses. 20.3 ACCESSORY USES-In addition to those accessory uses specifically authorized in Section 34 of this ordinance,any use may be established as an accessory use to a permitted use when it complies with the conditions for an accessory use as defined in this ordinance. 20.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance,subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. (As amended by Ordinance No. 480-C.) 20.5 DEVELOPMENT REGULATIONS-In this district,the following development regulations shall be applicable (As amended by Ordinance No. 480-HH.): a. Height: No building or structure shall exceed two and one-half(2-1/2) stories, nor shall it exceed thirty-five (35) feet. b. Front Yard: There shall be a front yard of not less than thirty (30) feet. c. Side Yard: There shall be a side yard of not less than fifteen (15) feet; provided, however,where a C-1 zoned lot abuts on the side of property zoned as single family residential,each portion of a building in excess of fifteen(15)feet in height shall be set back one (1) additional foot for each additional one (1) foot in height. Zero lot line development may be permitted on a common interior lot line where construction of a party wall is used and when approved by the City Council after a recommendation by the Planning and Zoning Commission. Where zero lot development is utilized,the equivalent open space and plantings(normally provided in adjoining bufferyards along the common lot line) shall be provided elsewhere within the two developing lots. A concept plan meeting the requirements of Section 41 of this ordinance is required to be submitted with a request for zero lot line development. Approval shall be based upon an analysis of the location, the configuration, and the impact and compatibility of the construction with adjacent land uses. (As amended by Ordinance No. 480-U.) 20-2 d. Rear Yard: There shall be a rear yard of not less than ten(10)feet except where the lot abuts property zoned as single-family residential there shall be a rear yard of not less than twenty-five (25)feet. e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding fifty (50)percent of the lot area. f. Floor Area: Eaeh store chep b since „ t, f h undfed (500) square eet of t The minimum size for a separate building or structure existing within this district shall be two thousand(2,000) square feet. The maximum floor area contained within any structure existing in this district shall be ten thousand (10,000) square feet. (As amended by Ordinance No. 480-C.) g. All commercial uses within this district shall be retail sales and/or service type uses selling new merchandise only. h. All exterior lighting designed for security,illumination,parking lot illumination or advertising and which is placed within this zoning district shall meet the requirements of the current lighting ordinance, as amended. (As amended by Ordinance No. 480-GG) i. Outdoor storage of trash receptacles shall be at the side or rear of the site and shall be (ir totally encircled or screened by fence,planting or other suitable visual barrier. j. Off-street vehicle parking spaces may be located within the required front yard of any retail, office or industrial district;however, such off-street parking spaces shall be on a hard surfaced drive or parking area. k. Maximum Impervious Coverage: The maximum impervious coverage shall not exceed sixty-five(65%)percent of the total lot area. (As amended by Ordinance No. 480-JJ.) 20.6 ADDITIONAL DEVELOPMENT REGULATIONS FOR BUILDINGS OR USES LYING WITHIN FOUR HUNDRED FEET (400') OF SINGLE FAMILY RESIDENTIAL PROPERTY- In addition to the development regulations applicable to this zoning district, the development regulations in Section 43, Part III,Residential Adjacency Standards, shall also apply.When any requirements in this section are in conflict with any other requirements for this zoning district, the more stringent requirements shall apply. (As amended by Ordinance No. 480-CC). 20.7 SITE PLAN- A site plan meeting the requirements of Section 40 shall be required prior to the issuance of a building permit for any construction in the C-1 district. (As amended by Ordinance No. 480-M.) Lir 20-3 20.8 SPECIAL EXCEPTION USES - Special exception uses may be approved by the Board of Adjustment as specifically authorized in Section 44 of this ordinance subject to full and complete compliance with any and all conditions required in Section 44, together with any other conditions as the Board of Adjustment may impose. Any use accessory to an approved special exception use shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. (As amended by Ordinance No.480-M.) CIW 20-4 SECTION 21 C-2 LOCAL RETAIL COMMERCIAL DISTRICT 21.1 PURPOSE AND INTENT-This district is a low to medium intensity commercial category providing a uniform set of standards for neighborhood type retail shopping facilities and general commercial activities. It is intended that this zoning district be served by appropriate thoroughfares and be of such size that all parking and traffic maneuvering can take place on the commercial site. It is intended to provide limited local retail and service commercial uses which serve one or more neighborhoods lying within a one and one-half to two mile radius of the site. 21.2 PERMIII'ED USES (As amended by Ordinance No. 480-U.) 1. Any use permitted in the 0-1 Office District. 2. Any use permitted in the C-1 Neighborhood Commercial District. 3. Antique shops. 4. Bakeries designed for retail sales rather than wholesale operation. 5. Bicycle sales and bicycle repair shops. 6. Blueprinting or photostating. 7. Book or stationery stores to include large newsstands. 8. Business colleges or private schools for vocational training of office related careers, such as stenographers, executive secretaries, etc. 9. Christmas tree sales beginning one week before Thanksgiving and extending through December 31st of each calendar year (outdoor display permitted). 10. Cigar or tobacco stores. 11. Cleaning, dying and pressing works; laundry and Laundromats, providing that the floor area does not exceed three thousand (3,000) square feet for separate or combined uses. 12. Confectionery stores. 13. Custom dress making or millinery shops. 14. Dancing schools. 21-1 15. Day nurseries 16. Delicatessen shops without size limitations. 17. Dog and cat hospitals or small animal hospitals if conducted wholly within a completely enclosed sound-proofed and air-conditioned building, providing that noise or odors created by activities within the building shall not be perceptible beyond the property line; that no long term boarding of animals is permitted except where related to medical treatment;and that no animals are kept outside the building at any time. 18. Drug stores. 19. Dry goods and notion stores provided that the floor area of such facility not exceed eight thousand (8,000) square feet. 20. Duplicating service, printing, lithographing, mimeographing, multi-graphing and offset printing, providing that the floor area does not exceed two thousand (2,000) square feet. 21. Filling stations or service stations, operating with or without a convenience store. , era tra sm ss;Ey�e oy aulccsu . (rr8-amende`la by Ordinance No. 80 C.) (Deleted by Ordinance No. 480-Z.) 22. Financial institutions. 23. Florist or gift shops. 24. Frozen food lockers for individual or family use,not including the processing of food except cutting or wrapping. 25. Grocery stores and meat markets without size limitations. 26. Health service facilities to include clinics, offices of dentists, doctors, and other practitioners of healing arts, licensed or similarly recognized under the laws of the State of Texas; offices for specialists and supporting health service fields, such as physical, audio and speech therapy, podiatry and psychological testing and counseling; dental, medical and optical laboratories and blood banks; ambulance dispatch stations,prescription pharmacies and offices, stores and display rooms for the sale and rental and medical supplies and equipment. 27. Jewelry stores. 21-2 28. Leather and leather good shops, providing that the floor area does not exceed two thousand (2,000) square feet for separate or combined uses. 29. Optical goods. 30. Photographs, portrait or camera shops and photofinishing. 31. Radio and television sales and servicing. 32. Restaurants, tea rooms, cafeterias, fast food and "take-out" food restaurants. 33. Shoe repair services. 34. Sporting goods, including gun sales and repair. 35. Tailor, clothing or wearing apparel shops without size restriction. 36. Tires, batteries and automobile accessory sales, provided that such activities occur entirely within the confines of the business structure itself. 37. Variety stores, provided that the floor area of such facility does not exceed ten thousand (10,000) square feet. 21.3 ACCESSORY USES-In addition to those accessory uses specifically authorized in Section 34 of this ordinance,any use may be established as an accessory use to a permitted use when it complies with the conditions for an accessory use as defined in this ordinance. 21.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance,subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. (As amended by Ordinance No. 480-C.) 21.5 DEVELOPMENT REGULATIONS-In this district,the following development regulations shall be applicable (As amended by Ordinance No. 480-HH.): a. Height: No building or structure shall exceed two and one-half(2-1/2) stories,nor shall it exceed thirty-five (35) feet. b. Front Yard: There shall be a front yard of not less than thirty (30) feet. 21-3 c. Side Yard: There shall be a side yard of not less than fifteen (15) feet; provided, however,where a C-2 zoned lot abuts on the side of property zoned as single family residential,each portion of a building in excess of fifteen(15)feet in height shall be set back one additional (1) foot for each additional one (1) foot in height. Zero lot line development may be permitted on a common interior lot line where construction of a party wall is used and when approved by the City Council after a recommendation by the Planning and Zoning Commission. Where zero lot development is utilized,the equivalent open space and plantings(normally provided in adjoining bufferyards along the common lot line) shall be provided elsewhere within the two developing lots. A concept plan meeting the requirements of Section 41 of this ordinance is required to be submitted with a request for zero lot line development. Approval shall be based upon an analysis of the location, the configuration, and the impact and compatibility of the construction with adjacent land uses. (As amended by Ordinance No. 480-U.) d. Rear Yard: There shall be a rear yard of not less than ten(10)feet except where the lot abuts property zoned as single-family residential there shall be a rear yard of not less than twenty-five (25) feet. e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding fifty (50)percent of the lot area. (bor f. Floor Area: Each store shop er b h „ >, f r h , , U V (500) squarefeet-orfleor-area-bu t The minimum size for a separate building or structure existing within this district shall be two thousand(2,000) square feet. The maximum floor area contained within any structure existing in this district shall be forty thousand (40,000) square feet. Excepted from minimum floor area requirements of this provision are small grocery or convenience stores, and car mil, n struct„ o tl,,,t epee 'i }Hn witl, fill' * tons.The minimwn Y b vuu• 'lit L ll t r , (Deleted by Ordinance No. 480-Z.) g. All commercial uses within this district shall be retail sales and/or service type uses selling new merchandise only. h. All exterior lighting designed for security,illumination, parking lot illumination or advertising and which is placed within this zoning district shall meet the requirements of the current lighting ordinance, as amended. (As amended by Ordinance No. 480-GG.) 21-4 • (kwi. Outdoor storage of trash receptacles shall be at the side or rear of the site and shall be totally encircled or screened by fence, planting or other suitable visual barrier. j. Off-street vehicle parking spaces may be located within the required front yard of any retail, office or industrial district; however, such off-street parking spaces shall be on a hard surfaced drive or parking area. k. Maximum Impervious Coverage: The maximum impervious coverage shall not exceed seventy(70%)percent of the total lot area. (As amended by Ordinance No. 480-JJ.) 21.6 ADDITIONAL DEVELOPMENT REGULATIONS FOR BUILDINGS OR USES LYING WITHIN FOUR HUNDRED FEET (400') OF SINGLE FAMILY RESIDENTIAL PROPERTY- In addition to the development regulations applicable to this zoning district, the development regulations in Section 43, Part III,Residential Adjacency Standards, shall also apply.When any requirements in this section are in conflict with any other requirements for this zoning district, the more stringent requirements shall apply. (As amended by Ordinance No. 480-CC). 21.7 SITE PLAN-A site plan meeting the requirements of Section 40 shall be required prior to the issuance of a building permit for any construction in the C-2 district. (As amended by Ordinance No. 480-M.) 21.8 SPECIAL EXCEPTION USES - Special exception uses may be approved by the Board of Adjustment as specifically authorized in Section 44 of this ordinance subject to full and complete compliance with any and all conditions required in Section 44, together with any other conditions as the Board of Adjustment may impose.Any use accessory to an approved special exception use shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. (As amended by Ordinance No. 480-M.) 21-5 SECTION 22 C-3 GENERAL COMMERCIAL DISTRICT 22.1 PURPOSE AND INTENT-This is a general commercial zoning district normally reserved for areas that provide the greatest number and mix of retail and commercial uses. This district is reserved for areas of adequate size and location so that its broad range of medium to higher intensity land uses will not cause or create nuisances to adjoining zoning districts. It is not anticipated that this district will be placed contiguous to or in direct proximity to residential zoning districts. This zoning district is designed and intended to serve as the commercial support zone of the entire community. It is not based on a service area directed only at immediately surrounding properties. This commercial zoning classification is the most comparable to that traditionally found in central business districts of older communities and is intended to have a clearly commercial pattern. It should be located in such a manner as to have reasonable access to major arterial roadway systems so that ingress and egress to the C-3 area may be managed in a safe and controlled manner. 22.2 PERMITTED USES 1. Any use permitted in the C-2 Local Retail Commercial District. 2. Auditoriums, theaters and cinemas. 3. Cleaning, dying and pressing works; laundry and washaterias, providing that the floor area does not exceed 3,500 square feet for separate or combined uses. (As amended by Ordinance No. 480-U.) 4. Coin and stamp shops. 5. Commercial amusement centers and bowling alleys where the activity is for indoor operations and activities only,including indoor driving ranges and indoor miniature golf courses. 6. Commercial art galleries. 7. Conventional golf courses, including outdoor driving ranges accessory thereto, but excluding outdoor miniature golf courses. 8. Department stores. 9. Dry goods and notion stores without size limitation. 10. Electrical and gas appliances and supply sales, electrical and gas repair and installation services. 11. Hardware,paint,wallpaper stores and other home improvement items and activities. 22-1 ,► 12. Hat shops. 13. Health and physical fitness centers and gymnasiums. 14. Hobby shops. 15. Household and office furniture, furnishings and appliances. 16. Lodges, sororities and/or fraternities 17. Medical care facilities to include nursing and care homes,hospitals with their related facilities and supportive retail and personal service uses operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors. 18. Mortuaries, funeral homes and undertakers. 19. Music or record shops. 20. Nursery buildings for the retail sale of plants and accessory items where the sales operations are conducted entirely within an enclosed structure. Outdoor storage or sale shall be permitted with this use to the extent that the outdoor sales area is completely enclosed by a fence, wall or screening device. 21. Pet shops. 22. Piano stores, musical instruments and supplies. 23. Plumbing and heating appliances, repair and installation services. All storage of materials must be indoors within this zoning district. 24. Printing, lithographing or duplicating jobs without size limitation. 25. Retail stores,businesses or shops for custom work or the manufacturing of articles to be sold at retail on the premises, providing that in such manufacture, the total mechanical power shall not exceed five horsepower for the operation of any one machine and provided that the space occupied by the manufacturing use permitted herein shall not exceed fifty (50)percent of the total floor area of the permitted use and provided further that such manufacturing use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke or fumes, and all activity shall be conducted totally within the same building. It is the intent of this provision that the manufacturing activity be related to the production of small items in a craft-type environment rather than high intensity construction activities. 26. Skating rinks, ice and roller(indoor only). 22-2 27. Taverns, clubs, and other comparable establishments under which the on-premisesconsumption of alcoholic beverages is permitted subject to issuance of a special use permit as required in Section 45 of this ordinance. The mere reference to this provision within the zoning ordinance does not indicate or imply that the sale or consumption of alcoholic beverages has been or will be permitted under the alcoholic beverage laws of the State of Texas. It is only intended to define a location for this type of use if its existence should be permitted by state law. 28. Toy stores. 29. Upholstery shops - furniture. 30. Variety stores without size limitation. 22.3 ACCESSORY USES -In addition to those accessory uses specifically authorized in Section 34 of this ordinance,any use may be established as an accessory use to a permitted use when it complies with the conditions for an accessory use as defined in this ordinance. 22.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. (As amended by Ordinance No. 480-C.) 22.5 DEVELOPMENT REGULATIONS-In this district,the following development regulations shall be applicable (As amended by Ordinance No. 480-HH.): a. Height: No building or structure shall exceed three (3) stories nor shall it exceed thirty-five (35) feet in height. b. Front Yard: There shall be a front yard of not less than thirty (30) feet. c. Side Yard: There shall be a side yard of not less than fifteen (15) feet; provided, however,where a C-3 zoned lot abuts on the side of property zoned as single family residential,each portion of a building in excess of fifteen(15)feet in height shall be set back one (1) additional foot for each additional one (1) foot in height. Zero lot line development may be permitted on a common interior lot line where construction of a party wall is used and when approved by the City Council after a recommendation by the Planning and Zoning Commission. Where zero lot development is utilized,the equivalent open space and plantings(normally provided in adjoining bufferyards along the common lot line) shall be provided elsewhere within the two developing lots. A concept plan meeting the requirements of Section L, 22-3 41 of this ordinance is required to be submitted with a request for zero lot line development. Approval shall be based upon an analysis of the location, the configuration, and the impact and compatibility of the construction with adjacent land uses. (As amended by Ordinance No. 480-U.) d. Rear Yard: There shall be a rear yard of not less than ten (10)feet except where the lot abuts property zoned as single-family residential there shall be a rear yard of not less than twenty-five (25) feet. e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding fifty(50)percent of the lot area. (As amended by Ordinance No. 480-BB). f. Floor Area: Each store, shop or business shall have a minimum of five hundred (500) square feet of floor area, but t The minimum size for a separate building or structure existing within this district shall be two thousand (2,000) square feet. There is no maximum floor space,except as specified herein under other provisions of this ordinance. g. All commercial uses within this district shall be sales and/or service type uses selling new merchandise only. h. All exterior lighting designed for security, illumination,parking lot illumination or advertising and which is placed within this zoning district shall meet the requirements of the current lighting ordinance, as amended. (As amended by Ordinance No. 480-GG.) i. Outdoor storage of trash receptacles shall be at the side or rear of the site and shall be totally encircled or screened by fence,planting or other suitable visual barrier. j. Off-street vehicle parking spaces may be located within the required front yard of any retail, office or industrial district;however, such off-street parking spaces shall be on a hard surfaced drive or parking area. k. Maximum Impervious Coverage: The maximum impervious coverage shall not exceed seventy-five(75%)percent of the total lot area. (As amended by Ordinance No. 480-JJ). 22.6 ADDITIONAL DEVELOPMENT REGULATIONS FOR BUILDINGS OR USES LYING WITHIN FOUR HUNDRED FEET (400') OF SINGLE FAMILY RESIDENTIAL PROPERTY- In addition to the development regulations applicable to this zoning district, the development regulations in Section 43, Part III, Residential Adjacency Standards, shall also apply.When any requirements in this section are in conflict with any other requirements for this zoning district, the more stringent requirements shall apply. (As amended by Ordinance No. 480-CC). 22-4 22.7 SITE PLAN-A site plan meeting the requirements of Section 40 shall be required prior to the issuance of a building permit for any construction in the C-3 district. (As amended by Ordinance No. 480-M.) 22.8 SPECIAL EXCEPTION USES - Special exception uses may be approved by the Board of Adjustment as specifically authorized in Section 44 of this ordinance subject to full and complete compliance with any and all conditions required in Section 44, together with any other conditions as the Board of Adjustment may impose.Any use accessory to an approved special exception use shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance.(As amended by Ordinance No. 480-M.) (11101 22-5 SECTION 23 C-4 ARTERIAL MALL COMMERCIAL DISTRICT 23.1 PURPOSE AND INTENT - This is a high intensity general commercial zoning district reserved for site specific areas of the community. It is intended for use on large tracts directly adjacent to arterial thoroughfares or arterial intersections. It is specifically envisioned to handle a mixture of commercial and office uses within a planned, unified development concept. The service area of this type of development exceeds the boundaries of the City and is essentially regional or sub-regional in nature. The unique characteristics of this development are its high concentration of activity requiring extensive planning and engineering for ingress and egress to the development site coupled with the need for extensive off-street parking,loading and maneuvering areas. These sites are not designed to be located contiguous to residentially zoned properties and should be located in such a manner as to preclude the necessity to transit through residentially zoned areas to reach these sites. The arterial mall zoning classification will have a number of environmental dysfunctions relating to surrounding development and must be carefully planned and placed. Developments within the arterial mall district are planned and constructed as complete units on large tracts. 23.2 PERMITTED USES 1. Any use permitted in the C-3 General Commercial District. 2. Inter-related commercial developments such as indoor or outdoor shopping malls of a community-wide, subregional or regional service capability. 3. Any comparable commercial land use compatible with traditional mall land and not having negative impact on surrounding properties. Each such use must be approved by the City Council when site plan approved. 23.3 ACCESSORY USES-In addition to those accessory uses specifically authorized in Section 34 of this ordinance,any use may be established as an accessory use to a permitted use when it complies with the conditions for an accessory use as defined in this ordinance. 23.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance,subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. (As amended by Ordinance No. 480-C.) 23.5 DEVELOPMENT REGULATIONS-In this district,the following development regulations thtir shall be applicable (As amended by Ordinance No. 480-HH.): 23-1 a. Height: No building or structure shall exceed six (6) stories, nor shall it exceed ninety (90) feet. b. Front Yard: There shall be a front yard of not less than thirty(30)feet. (As amended by Ordinance No. 480-C.) c. Side Yard: There shall be a side yard of not less than fifteen (15) feet; provided, however,where a C-4 zoned lot abuts on the side of property zoned as single family residential, each portion of a building in excess of fifteen(15)feet in height shall be set back one (1) additional foot for each additional one (1) foot in height. (As amended by Ordinance No. 480-C.) Zero lot line development may be permitted on a common interior lot line where construction of a party wall is used and when approved by the City Council after a recommendation by the Planning and Zoning Commission. Where zero lot development is utilized,the equivalent open space and plantings(normally provided in adjoining bufferyards along the common lot line) shall be provided elsewhere within the two developing lots. A concept plan meeting the requirements of Section 41 of this ordinance is required to be submitted with a request for zero lot line development. Approval shall be based upon an analysis of the location, the configuration, and the impact and compatibility of the construction with adjacent land uses. (As amended by Ordinance No. 480-U.) d. Rear Yard: There shall be a rear yard of not less than ten(10)feet except where the lot abuts property zoned as single-family residential there shall be a rear yard of not less than twenty-five (25) feet. (As amended by Ordinance No. 480-C.) e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding sixty(60)percent of the lot area. (As amended by Ordinance No. 480-C.) f. Floor Area: h^ r b, l f f a s (500) square feet of floor area, but t The minimum size for a separate building or structure existing within this district shall be two thousand (2,000) square feet. There is no maximum floor space,except as specified herein under other provisions of this ordinance. (As amended by Ordinance No. 480-C.) g. All uses within this District shall be of a retail,service or office character. A mixture of uses may be undertaken provided they occur within a unified development project. h. All exterior lighting designed for security, illumination, parking lot illumination or advertising and which is placed within this zoning district shall meet the requirements of the current lighting ordinance, as amended. (As amended by Lie Ordinance No. 480-GG.) 23-2 (yr i. All tracts carrying a C-4 zoning designation shall be a minimum of twenty(20)acres in size. j. Outdoor storage of trash receptacles shall be at the side or rear of the site and shall be totally encircled or screened by fence, planting or other suitable visual barrier. k. If development within this district is configured as a pedestrian mall,either indoor or outdoor, sales from small stand-alone booths, kiosks, stands, carts or other display devices shall be permitted within the pedestrian walking areas of the mall. This zoning district is intended to permit the aggregation of a wide array of retail marketing activities to include arts and crafts. Sidewalk or interior mall displays and sales of these types of products and activities is permitted and encouraged. 1. If development within this district is configured as a pedestrian mall,the location of sidewalk-type cafes shall be permitted within this district in pedestrian walkways. m. Off-street vehicle parking spaces may be located within the required front yard of any retail, office or industrial district;however, such off-street parking spaces shall be on a hard surfaced drive or parking area. n. Maximum Impervious Coverage: The maximum impervious coverage shall not Cy, exceed seventy-five percent(75%) of the total lot area. (As amended by Ordinance No. 480-JJ.) 23.6 ADDITIONAL DEVELOPMENT REGULATIONS FOR BUILDINGS OR USES LYING WITHIN FOUR HUNDRED FEET (400') OF SINGLE FAMILY RESIDENTIAL PROPERTY- In addition to the development regulations applicable to this zoning district, the development regulations in Section 43,Part III,Residential Adjacency Standards, shall also apply.When any requirements in this section are in conflict with any other requirements for this zoning district, the more stringent requirements shall apply. (As amended by Ordinance No. 480-CC). 23.7 SITE PLAN-A site plan meeting the requirements of Section 40 shall be required prior to the issuance of a building permit for any construction in the C-4 district. (As amended by Ordinance No. 480-M.) 23.8 SPECIAL EXCEPTION USES - Special exception uses may be approved by the Board of Adjustment as specifically authorized in Section 44 of this ordinance subject to full and complete compliance with any and all conditions required in Section 44, together with any other conditions as the Board of Adjustment may impose.Any use accessory to an approved special exception use shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. (As amended by Ordinance No. 480-M.) 23-3 PROPOSED CHANGES TO THE ZONING ORDINANCE-SECTION c, 45-SPECIFIC USE PERMITS c. SECTION 45 SPECIFIC USE PERMITS (As amended by Ordinance No. 480-QQ & 480-SS) 45.1 GENERAL PROVISIONS -The uses listed in this section are prohibited in the City of Southlake unless and until a specific use permit is granted for such use by the City Council in accordance with the requirements and procedures set forth in this Section. A specific use permit shall be required for the following uses (as amended by Ordinance No. 480-D): SPECIFIC USE DISTRICT WHERE PERMITTED 1. Sale of alcoholic beverages. 0-2,C-1,C-2,C-3, C-4,HC,S-P-1, S-P-2,PUD,DT** 2. Churches, synagogues, temples and other similar facilities for worship, fellowship and ALL education,subject to the following conditions: a. The City Council shall impose such reasonable conditions as it deems necessary to protect the residential neighborhoods,in so far as practicable,from the detrimental effects ofnoise, traffic, fire, etc. and to protect the character of the neighborhood and the value of surrounding properties; b. In granting or denying such application,the City Council shall consider such items as the total land area to be devoted to the religious use,the size of the church structures and the congregation, the frequency of church services, other activities which take place on the premises,and the suitability of the property for residential use. The City Council shall consider all effects of such a facility,both beneficial and detrimental, and shall deny such application when the detrimental effects substantially outweigh the beneficial effects. c. Children's nurseries,child day care centers,and kindergartens may be approved as a part of the main or accessory religious building provided exterior instructional or play areas are suitably fenced from any adjacent street,parking area or property. d. The City Council may,where deemed appropriate,place a specific time limitation on the approval of a permit for a church. (As amended by Ord.480-F.) 3. Public, semi-public and parochial/private schools, not including correctional institutions or All except B-1,CS, trade schools. HC,I-1 and I-2 4. Colleges,junior colleges, or other similar institutions of higher learning, whether public or All except CS,I-1 and private,when located on a site of at least twenty(20)acres,and provided such facilities have I-2 direct access to a major thoroughfare street or highway and further provided that buildings and intensive use outdoor facilities are set back a minimum of one hundred (100) feet from all property lines. **Shall apply only to non-residential uses and mixed use buildings in the DT District 45-1 5. Public governmental buildings including community health centers and recreation buildings, ALL libraries,museums,postal stations,and administrative offices of federal or state government. 6. Medical care facilities: nursing and care homes, hospitals, with their related facilities and CS,C-1,C-2,DT** supportive retail and personal services used, operated by or under the control of the hospital primarily for the convenience of patients,staff and visitors when located on a site of not less than five(5)acres. 7. Cemetery Uses. CS a. Application. An application for a cemetery use must be in writing and shall include: (1) Name and address of applicant. (2) Location and legal description of proposed cemetery land. (3) Complete plan in conformity with the requirements of Development Plan herein provided. (4) Preliminary specifications of all buildings,improvements,utility installations and other facilities to be constructed on or under the land proposed for zoning change. (5) Such further reasonable information as may be required by the City Council. b. Development Plan-The cemetery shall conform to the following minimum requirements: (1) It shall be located on a well drained site,properly graded to insure rapid draining and freedom from stagnant pools of water. (2) All walkways and driveways within a cemetery shall be all weather,hard-surfaced. (3) When a public or community sewer system is available, sewer connections shall be installed as required by the local plumbing code. If the cemetery is not to be served immediately by a sewage collection system connected to a community treatment plant or to a public sewage facility, the occupancy of any building, residence or other structure shall be restricted until a septic tank and subsurface drainage field designed and constructed in accordance with methods and standards approved by the State Department of Health and the local plumbing code have been installed,inspected and approved by the City. If the permitted use is not to be served immediately by a water utility,occupancy shall be prohibited until water satisfactory for human consumption is available from a source on the land,or a public utility source,in adequate and sufficient supply for human use and operation of a septic tank and system. Individual water supplies must be in conformity to the local plumbing code. (4) All cemeteries must qualify and be maintained as a perpetual care center as provided in Article 912a,Revised Civil Statutes of Texas,as amended, and any other applicable state laws. (5) The cemetery must comply with all building codes, including but not limited to plumbing,electrical,street,and general codes of the City of Southlake,Texas,or other applicable governmental authority. (6) All use of the surface land or underground,or buildings or structures of any type shall comply with all applicable City,County,State,Federal or other governmental agency requirements as to health,sanitation,ventilation,pollution and associated matters. **Shall apply only to non-residential uses and mixed use buildings in the DT District tir 45-2 c. Location-Any cemetery,or any portion of land designated for the use thereof,shall comply with the following minimum requirements as to location: (1) It shall conform to distance requirements of912a-24,Revised Civil Statutes of Texas, as amended,and such minimum distances shall be measured from the nearest city limit point of any city or cities(other than the City of Southlake,Texas)to the boundary of said cemetery land nearest to the city limit of the other city by direct line measurement. (2) It shall be located not less than five hundred(500)feet from any residence or structure used for living purposes or any well,creek,lake,tank,reservoir or pond,or other such water source or place of storage,passage,or drainage. d. Parking-All parking shall be off-street parking with an all-weather surface located in the rear or side yard next to buildings. There shall be one(1)parking space for each four(4) seats in any assembly portion of any building or structure. e. Screening and Fencing (1) All land actually used for buildings and/or burial spaces shall be completely enclosed in a fence with gates capable of being locked to prevent trespassers from entering said premises. (2) Any additional fencing,screening,walls,landscaping,or ornamental planting shall be installed if deemed necessary by the City Council in relation to the property itself or in relation to any adjoining property. 8. Community centers and service clubs dedicated to social or recreational activities serving the AG,RE,SF-1A,SF- (1600 City or neighborhood thereof. Such buildings and facilities shall be set back at least thirty(30) 1B,SF-30, SF-20A, feet from all side and rear property lines and forty(40) feet from any street line. The total SF-20B,MH,MF-1 ground floor area of all such buildings and structures shall not cover more than twenty-five(25) and MF-2 percent of the site area devoted to such facilities and activities. 9. Public, semi-public and private golf courses together with related clubhouse, pro-shop and AG,I-2 maintenance/storage buildings,provided no building is closer than one hundred(100)feet from any adjoining side or rear property lines or closer than fifty(50)feet to a public street right-of- way line. 10. Golf driving range. AG,C-3,C-4,I-1,I-2 11. Outdoor entertainment centers(including ball parks,miniature golf courses,golf driving ranges, C-3,C4,B-2,I-1,I-2, batting cages,carnivals,archery ranges and similar uses). DT** 12. Athletic stadiums,public or private,when located adjacent to a thoroughfare or collector street. AG,RE, SF-1 A,SF- 1B,SF-30,SF-20A, SF-20B,MF-1 and MF-2 13. Studios designed for the practice,education or training in art,dance,music,drama,photo,or C-1 interior design. ** Shall apply only to non-residential uses and mixed use buildings in the DT District 45-3 14. The location of day nurseries or similar child care activities,if said activity is clearly designed C-1 to support neighborhood requirements in the residential areas lying in close proximity to the specific use site. 15. (Deleted by Ordinance No.480 Z.) 4615. Kennels C-3,C-4,B-2,I-1 4-7,16. Veterinary clinics for large animal care, to include such restrictions as the City Council I-1,I-2 deems necessary for protecting adjacent properties from negative environmental impacts. 4-8 17. Equestrian riding stables,tack rooms,show rings,and rodeo grounds,either private or when AG,I-2 operated as a business,provided adequate measures are employed to prevent health hazards to humans or animals,and adequate controls are used so as not to create offensive nuisances or odors. 49 18. Dude ranches catering to temporary guests housed on the premises. AG 20 19. Private airfields and aircraft landing area. CS,AG,C-3 24-20. Airports,aviation field or aircraft landing areas. C-3 22 21. Helistop. CS,HC,0-1,0-2,I-1, I-2,B-2 23,22. Sales and service of new automobiles,trucks,or motorhomes. C-4,I-1 24.23. Sales and service of used automobiles,trucks,or motorhomes. I-1 25 24. Temporary concrete batching or transient mix plant exceeding 90-day approval plus one ALL 30-day extension.(As amended by Ord.No.480-J) PLOT PLAN REQUIRED 26,25. Petroleum Operations. The City Council may grant this use as a specific use permit, I-2 subject to compliance with the following provisions: SITE PLAN REQUIRED a. In granting or denying a use in this category,the City Council must bear in mind that these sites are not to be located contiguous to residentially zoned properties and should be located in such a manner as to preclude the necessity to travel through residentially zoned areas to reach these sites. Petroleum operations should never be placed in an environmentally sensitive area and should be allocated only to those areas appropriately supported by public utility infrastructure and major arterial thoroughfares. Environmental impacts of this use should be carefully considered in determining whether to grant or deny an application. b. The City Council may permit the following uses within this category. (1) On-site storage of petroleum products. (2) Pipe line transfer or servicing operations relating to the delivery of petroleum based products. (3) Petroleum distribution points of a wholesale nature designed to allow the loading or off-loading of truck facilities in a non-retail setting. (4) Petroleum blending operations. (5) Any or all other petroleum related uses which in the opinion of the City Council appear to be in character with the permitted uses for this district. 45-4 c. No specific use permit shall be granted unless a site plan as set forth in Section 27.8 is submitted to,and approved by,the City Council.(As amended by Ordinance No.480-M.) 27. (Deleted by Ordinance No.480 LL.) CS,C 1,C 2,C 3,C 4,B 1, B2,I1,I2, SP 1,SP2,HC, P44B I 1,I 2 stefage3-efgy-whea-seeh-eutdeer-sterageebuts-a-let-er-4Faet-zeiled-AG-rand-eHkt when-There-is C 'l h t 't. te Sectio 38 Sc- n_ - _ _ __'__ _ _h o . 3-1 26. The City Council may authorize the establishment of retail operations in an amount 0-1,0-2,I-1 exceeding fifteen (15)percent of the net square footage of any one office structure if said increase is the consolidation of retail space from a number of different office structures under common ownership for the purpose of achieving efficiency of use and cost economies. An example of this use would be found in a business park which might contain five separate office structures. A cafeteria or food service establishment to service all five structures might be located in one central structure under the common control, direction or plan of a common ownership and management group. The City Council shall be authorized to grant specific use permits to allow the consolidation of the fifteen (15) percent retail support sales activity, provided that the fifteen (15) percent maximum usage for retail sales limitation shall be maintained throughout an overall common project. 32,27. Residential Lofts and Live/Work units: The City Council may permit the construction of C-3,DT** residential units if they are constructed as a portion of a mixed use development within a single structure. This specific provision is designed and intended to allow the construction of studio or loft-type apartments or condominium living units on the floor or floors above office and retail-type activities situated on a ground floor. 33.28. A residential unit(s)for the exclusive use of an employee or employees of the principal use, B-2,I-1 placed upon the site when such employee(s)will be fulfilling the duties of night watchman or caretaker for the site. In approving the construction of a residential unit under this provision, the City Council may establish such terms and conditions as it deems necessary to protect the interest of the community at large, the business applicant and the future occupant of the residential structure. 36 29. Recreational campsite or campground(As amended by Ord.480-I.) AG **Shall apply only to non-residential uses and mixed use buildings in the DT District. 45-5 3 31. Full Service Car Washes, subject to the following conditions: (As amended by Ord.480- C-3 R) SITE PLAN a. Sanitary sewer service must be available to the site; REQUIRED b. The site must be located on a major arterial shown on the Master Thoroughfare Plan in order to ensure proper traffic circulation. c. A minimum of one parking space must be provided for each two hundred(200)square feet of total floor area of all buildings with two-thirds (2/3) of the minimum spaces being tandem spaces for cars awaiting washing or vacuuming. d.The wash bay and vacuum/gasoline pump areas must be forty-five(45)degrees offparallel to the adjoining thoroughfare. 3-32. Telecommunications towers, antennas, ancillary structures (e.g., equipment buildings), ALL subject to the requirements set forth in Section 45.8 of this ordinance. (As amended by Ordinance No.480-W.) 39,33. Personal care facilities,are encouraged to be located within walking distance of shopping ALL,except AG,RE, areas,medical offices,civic centers,public parks,religious facilities,and other related facilities SF-1 A,SF-1B,SF-30, or may be located in transitional areas adjacent to low and medium density residential SF-20A.,SF-20B developments when compatible and shall be subject to the requirements set forth in Section 45.9 of this ordinance. (As amended by Ordinance No.480-Y.) 40,34.Gasoline service station when operated with or without convenience store, car wash, and C-3 other related ancillary uses, subject to the requirements set forth in Section 45.10 of this ordinance.(As amended by Ordinance No.480-Z.) 4I-35.Carports for non-residential property,subject to the requirements set forth in Section 45.112 CS,0-1,B-1,B-2,I- of this ordinance. (As amended by Ordinance No.480-II.) 1,I-2,and S-P-1,S-P- 2 and PUD districts with CS,0-1,B-1,B- 2,I-1,and I-2 uses. SITE PLAN REQUIRED 42.36.Multi-level parking garages for non-residential property,subject to the requirements set forth CS,0-1,0-2,C-1,C- in Section 45.11 of this ordinance. (As amended by Ordinance No.480-H.) 2,C-3, C-4,HC,B-1, B-2,I-1,I-2,S-P-1,S- P-2,DT**and PUD 437.Single-family(attached and detached)residential DT 38. Mass Gathering Event when not permitted as an accessory use in accordance with Section ALL 34,subject to the requirements set forth in Section 45.15 of this ordinance. 45-38.Funeral Homes and Services. DT** 46:.39. Farmer's markets. DT** c 45-6 CS,Cl,C2,C3,C4, I- 47.40.Outdoor sales or services,subject to the requirements set forth in Section 45.12 of this 1, 1-2,B-1,B-2,HC ordinance. CS,Cl,C2,C3,C4,I- 4&41.Donation bins,subject to the requirements of Section 45.13. 1,I-2, B-1,B-2,HC, DT** 42.Tents for the purpose of promoting retail sales for a period not exceeding twenty-three(23)days. CS,C-1,C-2,C-3,C- Tents shall be constructed in accordance with the provisions of the Uniform Fire Code,Article 32,as 4,B-1,B-2, I-1,I-2, amended.A permit may be issued for a tent only as an accessory use.The activity shall also meet the S-P-1, S-P-2,NR- development regulations of the zoning district in which it is located. No more than two specific use PUD, DT** permits for tents for a lot may be issued in any one year period, with a sixty (60) day separation between events. The location of the tent shall not reduce the minimum parking requirements or effectiveness of landscaped areas within the site. ** Shall apply only to non-residential uses and mixed use buildings in the DT District. 45.2 CONCEPT PLAN-Unless otherwise provided in Subsection 45.1 above,an approved concept plan shall be a prerequisite to the approval of a specific use permit. Information required to be submitted,approval of the concept plan, and any administrative action shall be in accordance with Section 41 of this ordinance to the extent such requirements are applicable. (As amended by Ordinance No. 480-D.) 45.3 HEARING AND PROCEDURE - A specific use permit may only be granted following a public hearing before the Planning and Zoning Commission and the City Council in accordance with the fir+ same notice and hearing requirements as for zoning changes as set forth in Section 46 of this ordinance. 45.4 GENERAL REQUIREMENTS a. Any use permitted hereunder shall meet the minimum requirements provided in the district in which it is located. b. A specific use permit shall automatically expire if a building permit is not issued and construction begun within six(6)months of the granting of the specific use permit or if the use shall cease for a period of six (6)months. c. An application for a specific use permit will not be submitted to the Planning and Zoning Commission and City Council until the Director determines the application is complete. d. In granting an application for a specific use permit, the City Council may establish such conditions as will protect the public health,safety and welfare,and may limit the duration of the permitted use. 45.5 FACTORS TO BE CONSIDERED-In granting or denying an application for a specific use permit, 45-7 the City Council shall take into consideration the following factors: a. Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site. b. Safety from fire hazard, and measures for fire control. c. Protection of adjacent property from flood or water damage. d. Noise producing elements; and glare of vehicular and stationary lights and effect of such lights on established character of the neighborhood. e. Location,lighting and type of signs;and relation of signs to traffic control and adverse effect on adjacent properties. f. Street size and adequacy of pavement width for traffic and reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood. g. Adequacy of parking, as determined by requirements of this chapter for off-street parking facilities for similar uses;location of ingress and egress points for parking and off-street loading spaces; and protection of the public health by all weather surfacing on all parking areas to control dust. Cry h. Such other measures as will secure and protect the public health, safety, morals and general welfare. 45.6 SPECIFIC REQUIREMENTS FOR ALCOHOLIC BEVERAGE SALES a. For any business which derives more than seventy-five(75)percent of its gross revenues from the on-premises sale of alcoholic beverages, the City Council may require more stringent standards, as it deems necessary to adequately protect adjacent properties. b. No alcoholic beverage use shall be located within three hundred (300) feet of a church,public school or public hospital. Such measurement shall be made in accordance with the requirements set forth in Section 109.33 of the Texas Alcoholic Beverage Code. 45.7 SPECIFIC REQUIREMENTS FOR PORTABLE BUILDINGS (This entire section was deleted in Ordinance No. 480-J.) 45.8 SPECIFIC REQUIREMENTS FOR TELECOMMUNICATIONS TOWERS,ANTENNAS,AND ANCILLARY BUILDINGS (This entire section was added by Ordinance No. 480-W.) a. Objectives The purpose of this section is to establish general guidelines for the location of telecommunications towers and antennas. The City of Southlake recognizes today's rapidly 45-8 changing technological environment and realizes the public's increasing acceptance of and demand for superior personal wireless communication services and with the adoption of this ordinance, the city's objectives are to: 1) encourage the location of towers in non-residential areas and minimize the total number, height, and obtrusiveness of towers and antennas throughout the community; 2) encourage strongly the joint use of new and existing tower sites through co-location; 3) encourage users of towers and antennas to locate them,to the extent possible,in areas where the adverse impact on the community is minimal (e.g.,pre-existing buildings or structures such as water towers,church steeples,bell towers,clock towers, and lighting stanchions or on municipal-owned properties and facilities) to camouflage or conceal the presence of antennas or towers; 4) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and 5) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently. b. Information Required on Concept Plan Each applicant shall submit a scaled concept plan meeting the requirements of Section 41 of this ordinance, a scaled elevation view, a propagation map, and other supporting drawings, calculations,and other documentation,signed and sealed by appropriate licensed professionals, showing the location and dimensions of all proposed improvements, including information (1„., concerning topography,proposed tower height,setbacks,drives,parking,fencing,landscaping, screening, adjacent uses, and other information deemed by the city to be necessary to assess compliance with this ordinance. c. Ordinance Exemption Antennas mounted on existing city water towers shall be exempt from the requirements of this ordinance,provided a license or lease authorizing such antenna has been approved by the City Council. All other antennas or towers, located on property owned, leased, or otherwise controlled by the City Council of the City of Southlake shall be subject to the requirements herein. d. Development Standards Certain regulations may be set aside if the requirement effectively denies competition. 1) Inventory of Existing Sites Each applicant for an antenna and/or tower shall provide an inventory of its existing towers that are either within the jurisdiction of the city or within one-quarter mile of the border, including specific information about the location,height,and design of each tower. The city may share such information with other applicants applying for approvals under this ordinance or with other organizations seeking to locate antennas within the city jurisdiction, provided;however,that the city is not,by sharing such information,in any way representing 45-9 ter or warranting that such sites are available or suitable. 2) Co-location and Availability of Suitable Existing Towers and Other Structures a) No new tower shall be permitted unless the applicant demonstrates to the city that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following: i) No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements. ii) Existing towers or structures are not of sufficient height to meet applicant's engineering requirements. iii) Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. iv) The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures,or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna. v) The fees,costs,or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. vi) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. b) A telecommunication tower must be 1) used by two or more wireless telecommunications providers;or 2)designed and built so as to be capable of use by two or more wireless telecommunications providers and the owner of the antenna must certify to the City that the tower is available for use by another wireless telecommunications provider on a reasonable and non-discriminatory basis. 3) Aesthetics and Lighting a) All towers shall be of monopole construction, unless another tower can be shown to cause less visual impact on surrounding property than a similar monopole structure. b) Towers shall be maintained with either a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. c) Highly reflective surfaces shall not be permitted.No glare shall be emitted to adjacent properties. d) All exterior wires and/or cables necessary for operation of the antenna shall be placed underground, whenever practicable, except for wires or cables attached flush with the surface of a building or the structure of the antenna. e) No permanent lighting is allowed on towers except as required by the FCC or the FAA (i.e.,red lights by night/white strobe lighting during the day). f) Any temporary lighting shall be oriented inward so as not to project onto surrounding residential property. 45-10 Cor 4) Federal Requirements (FAA, FCC, ANSI) a) All towers shall meet or exceed current standards and regulations of the FAA,the FCC, and any other agency of the federal or state government with the authority to regulate towers and antennas. If such standards and regulations are changed,then the owners of the towers and antennas governed by this ordinance shall bring such towers and antennas into compliance with such revised standards and regulations within six(6)months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. b) Applicants shall provide the city with certification of compliance with ANSI and IEEE Standards regarding human exposure to non-ionizing electromagnetic radiation ("NIER"). c) For a site being proposed in a floodplain, the applicant shall provide the city with certification from the FCC of Environmental Assessment("EA") approval. d) For antennas,towers and/or supporting structures which are to be located in residential neighborhoods and that are to be equipped with high intensity white lights,the applicant shall provide the city with certification from the FCC of EA approval. 5) Building Codes; Safety Standards a) After receiving the appropriate zoning approval, no tower, antenna, or other appurtenance shall be installed without first obtaining a building permit issued by the Building Official. b) To ensure the structural integrity of towers, the owner of a tower shall ensure that the tower is constructed and maintained in compliance with standards contained in applicable local building codes ("Uniform Building Codes, UBC") and applicable standards for towers,published by the Electronics Industries Association Standard 222, ("EIA-222") "Structural Standards for Steel Antenna towers and Antenna Support Structures." c) A tower inspection report(based upon applicable UBC and EIA-222 standards)shall be prepared by an engineer licensed in the state of Texas and filed with the Building Official in accordance to the following schedule: a)monopoles--at least once every ten (10)years;b)lattice towers--at least once every(5)years; and c)guyed towers--at least once every three(3) years. However, the Building Official may require an immediate inspection should an issue of safety be raised. d) If, upon inspection, the tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards, unless the applicant can demonstrate a hardship and thus establish the need for additional time. If the owner fails to bring such tower into compliance within said thirty(30)days,the city shall remove such tower at the owner's expense. 45-11 6) Height The requirements set forth below shall govern the location of towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for the underlying zoning district in which the tower and/or antenna is proposed. a) Mounted Antennas i) Roof-mounted, non-whip type, telecommunications antennas shall not exceed the height of the building by more than twelve (12) feet and may be required to be screened from view from any adjacent public roadway. ii) Roof-mounted,whip-type,telecommunications antennas shall not exceed the height of the building by more than fifteen(15) feet and shall be located no closer than 15 feet to the perimeter of the building. iii) Building-mounted,non-whip type,telecommunications antennas shall be mounted flush with the exterior of the building so that the antennas project no more than twenty-four(24)inches from the surface of the building to which it is attached,that a minimum clearance distance of fifteen(15)feet is maintained from the ground to the lowest element of the antenna and that the antenna shall be of a texture and color so as to blend with the surrounding surface of the building. iv) Utility structure-mounted antennas shall not exceed more than twelve(12)feet the maximum height of the utility structure. These utility structures shall include: electric power transmission structures, light stanchions, and other like structures. b) Freestanding Towers i) For freestanding towers, structurally designed to accommodate shared users, the following height and usage criteria shall apply: • for two users,up to one-hundred-twenty(120) feet in height; • for three users,up to one-hundred-fifty(150) feet in height. ii) Monopole Installation The maximum diameter of a monopole tower at the base shall not exceed forty-eight (48") inches. No microwave dish or similar device shall be mounted on the pole portion of a monopole telecommunications tower. The platform portion of a monopole telecommunications tower shall not have a horizontal cross section area greater than 196 square feet. The depth of the platform shall not exceed 4 feet, excluding any whip antenna. Only antennas that are part of a telecommunications system authorized by the FCC shall be permitted on a platform. 7) Setbacks a) Towers shall be a minimum of 200'or 2:1 distance to height ratio,whichever is greater, from the property line of properties used for residential purposes. b) Mounted antennas attached to existing structures (e.g., bell towers, church steeples, stadium lighting,electrical transmission towers,clock towers,and similar structures)are exempt from the minimum residential setback and distance/height ratio regulations. c) Towers shall be located in such a manner that if the structure should fall along its longest dimension, it will remain within property boundaries and avoid habitable 45-12 structures,public streets, utility lines and other telecommunication towers. d) All guys and guy anchors shall be set back a minimum of 20 feet from any property line. e) No tower shall be located in front of the building facade facing any street,or be located within any required setback. 8) Landscaping and Screening The following requirements shall govern the landscaping surrounding towers;however, in locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced. a) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.Mitigation of any tree removal shall be in accordance to the Tree Preservation Ordinance, as amended. b) Tower facilities (e.g., tower/antennas and any necessary equipment building) shall be enclosed by an eight (8) foot, solid screening fence or masonry wall or a wrought iron fence with an eight (8) foot evergreen hedge, and shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from any public roadway or any property used for a residential purpose. Any fence constructed in accordance with this section shall provide a knox box or other entry device for public safety access per the requirements of the Fire Marshal. c) Where abutting residentially used land, residentially zoned property, public land or public streets,or land designated as low or medium density residential on the city's Land Use Plan,the applicant shall provide a screening plan showing the existing tree coverage of the impacted area and the placement of plantings as required in a"F2"bufferyard(as a minimum) as described in Section 42 of this ordinance. 9) Principal or Accessory Use a) Antennas and towers may be considered either principal or accessory uses. A different existing user or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. Towers that are constructed and antennas that are installed in accordance with the provisions of this ordinance shall not be deemed to constitute the expansion of a nonconforming use or structure. b) Equipment structures shall be of minimum size to house transmitting/receiving equipment and shall not be utilized for offices,vehicle storage,or for any other use other than for transmitting and receiving transmissions. No outside storage shall be permitted on the site. c) At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, and textures that will comply with the materials permitted by the underlying zoning district and shall blend with the natural setting and any existing structures on the site,or the equipment building shall be contained entirely within a main building on the property, or the equipment building shall be housed in an underground vault. d) The necessary equipment building shall not exceed 10 feet in height (measured from 45-13 grade) nor 180 square feet in total area. e) No more than three(3) separate equipment buildings shall be located on a single lot. 10) Maintenance and Parking a) Equipment shall be automated to the greatest extent possible to reduce traffic and congestion. b) Providers shall anticipate the maintenance needs of landscaping,sprinkler systems,and access roads. c) All structures shall be maintained free from graffiti. d) One(1) all weather surface parking space shall be provided on each site. The required parking space need not be reserved exclusively for use by the antenna installation and maybe one of the spaces provided for the principal use on the property. No off-street loading space shall be required. 11) Other Conditions of Approval a) Documentation of FAA approval shall be provided when towers are near public airports or flight paths. b) The applicant shall provide the city with a certificate of insurance, issued by an insurance company licensed to do business in the state of Texas indicating that the applicant carries comprehensive general liability insurance with limits of liability thereunder of not less than: bodily injury: $500,000 for injury to any one person and $1,000,000 for all injuries sustained by more than one person in any occurrence; property damage: $1,000,000 for damage as a result of any one accident. The applicant shall provide the city with a renewal certificate within then(10)business days of each renewal. Any insurance required to be provided by the applicant herein maybe provided by a blanket insurance policy covering this property and other locations occupied by the applicant, provided such blanket insurance policy complies with all of the other requirements as to the type and amount of insurance required. The applicant may also fulfill the requirements under this section through a program of self-insurance,subject to approval by the city,which approval shall not be unreasonably withheld. If the applicant elects to self-insure, then the applicant shall furnish the city with a letter stating that there is a self-insurance program in effect that provides for the same, or greater, coverage than required of the applicant herein. The applicant agrees to furnish the city with certificate of insurance certifying that the applicant has in force and effect the above specified insurance. The certificate and renewal certificates shall provide that insurance shall not be canceled or changed unless 30 days' prior written notice is just given to the city. c) Each backhaul provider shall be identified and have all necessary franchises,permits, and certificates. The identity of other providers who co-locate to the site and their backhaul providers shall be provided as well. d) No lettering, symbols,images,or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent roadway shall be placed on,or affixed to, any part of a telecommunications tower, platform, antenna or ancillary structure. • (or 45-14 tor e) All construction shall comply with all ordinances of the city not in conflict with this section. f) In addition to the usual application fees for rezoning or specific use permit requests,the applicant shall reimburse the city the actual cost of professional services,provided by an engineer or other professional, that may be required to review the application and provide expertise. g) If high voltage is necessary, signs shall be posted every 20' on any exterior fencing which state, "Danger--High Voltage." The operator shall also post "No Trespassing" signs. 12) Abandonment a) The owner of a tower and/or related telecommunications facilities shall notify the Building Official when the tower or other structures have ceased operating as part of a telecommunications system authorized by the FCC. Within six (6)months of the date the tower ceases to operate as part of an authorized telecommunications system, the tower must either be removed from the site, or a certificate of occupancy must be obtained to allow another permitted use of the tower. If within six (6) months, the owner fails to remove the tower or obtain proper authorization for the use of the tower, the Building Official shall revoke the certificate of occupancy for the tower and notify the city attorney to pursue enforcement remedies. b) Tower owner(s) shall bear all demolition costs. 13) Interference Any signal interference complaints associated with telecommunications towers or related equipment shall be addressed in accordance with FCC rules and procedures. 14) Variances At the time of review of any required Concept Plan,the City Council may grant variances to the development standards set forth in this Section. a) To receive a variance, the applicant must demonstrate the following: i) A variance will reduce the impact of the project on surrounding residential properties; ii) Compliance with this ordinance would impair the architectural design or creativity of the project; or iii) A variance is necessary to assure compatibility with surrounding developed properties. b) In order to grant a variance,the City Council must determine that a literal enforcement of the regulations will create an unnecessary hardship or a practical difficulty for the applicant; that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed;that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties; and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance. Cov 45-15 c) If a variance application is denied by the City Council, no other variance of like kind relating to the same project or proposed project shall be considered or acted upon by the City Council for a period of six (6) months subsequent to the denial. 45.9 SPECIFIC REQUIREMENTS FOR PERSONAL CARE FACILITIES (This entire section was added by Ordinance No. 480-Y.) a. General Criteria 1) Approval of personal care facilities shall be based upon an analysis of the location,the site layout and design features, the adequacy of water, sewer, and other public improvements necessary to support the site, the assurance that the adjoining streets can handle higher volumes of traffic during peak hours of traffic loading without a requirement to divert traffic onto traditional residential streets and the compatibility of the construction with adjacent land uses. 2) Personal care facilities shall meet all applicable city codes. 3) Personal care facilities shall meet the licensing requirements of the Texas Department of Human Services. b. Required Amenities In an effort to maintain a comfortable lifestyle for the residents and for the convenience of the employees and the residents' guests, the following amenities shall be required: Cafeteria and/or dining room,housekeeping service; furnish or provide transportation to local P facilities that provide a library, game room, and exercise room. c. Permitted Amenities In an effort to enhance the residents' quality of life, certain other special facilities and services for residents,employees and guests are encouraged(e.g,chapel,swimming pool,Jacuzzi,home theater, arts and crafts facilities, greenhouse, and related uses). d. Permitted Ancillary Uses The following ancillary uses shall be permitted by right to provide on-site goods and services for residents and their guests,but are not intended for use by the general public: 1) Snack bar; 2) Beauty or barber shop for resident use only; 3) Convenience retail shop to provide for the sale of food items,non-prescription drugs,small household items, and gifts; 4) Pharmacy for resident use only; 5) Medical treatment services for resident use only (e.g., medical clinic, physical therapy services inhalation therapy, and other related uses). 45-16 e. Concept Plan and Site Plan Required Any applicant seeking approval for a personal care facility shall submit a Concept Plan which meets the requirements of Section 41 or a Site Plan which meets the requirements of Section 40 of this ordinance, as amended. A Site Plan shall be approved by the City Council prior to issuance of a building permit. All Concept Plans and Site Plans may only be approved by the City Council after a recommendation by the Planning and Zoning Commission in accordance with the same notice and hearing requirements for zoning changes as set forth in Section 46 of this ordinance, as amended. In addition to the requirements set forth above, the applicant shall also provide: 1) A letter describing the facility's services, amenities, and ancillary uses (e.g., level of daily patient care,housekeeping,recreational,and support services available,and the percentage of housing units by type and the site's gross density), the type of proposed building(s), including the type of facade and the number of stories, and the proposed number of occupants and service personnel; 2) A floor plan and list of intended uses and the percentage of total floor area that each use will occupy. f. Development Regulations The following standards and regulations shall apply unless a more stringent standard is required by the underlying zoning district or the Corridor Overlay Zone (in which case, the more to, stringent regulation shall apply): 1) Height: When located within one hundred (100) feet of property zoned as single family residential or designated as low or medium density residential on the city's land use plan: No building or structure shall exceed one(1)story,nor shall it exceed thirty-five(35) feet in height. When located more than 100' from property zoned as single family residential or designated as low or medium density residential on the city's land use plan: Buildings and structures shall be governed by the height regulations of the underlying zoning district. 2) Front Yard: There shall be a minimum front yard setback of not less than thirty(30)feet, except where the lot abuts property zoned as single-family residential or designated as low or medium density residential on the city's land use plan, there shall be a minimum front yard setback of not less than forty(40)feet. 3) Side Yard: There shall be a minimum side yard setback of not less than thirty(30)feet, except where the lot abuts property zoned as single-family residential or designated as low or medium density residential on the city's land use plan, there shall be a minimum side yard setback of not less than one hundred 45-17 (100) feet. 4) Rear Yard: There shall be a minimum rear yard setback of not less than forty(40) feet, except where the lot abuts property zoned as single-family residential or designated as low or medium density residential on the city's land use plan, there shall be a minimum rear yard setback of not less than one hundred (100) feet. 5) Maximum All buildings or structures shall have a maximum lot coverage not exceeding Lot the lesser of the following: underlying zoning district regulation or fifty(50) Coverage: percent of the lot area. 6) Lot Area: The minimum lot area shall be determined after an analysis of the location, the site design, and the impact and compatibility with adjacent land uses. 7) Floor Area: Each housing unit shall have a minimum floor area based on the unit type: a) 350 s.f. for efficiency unit b) 450 s.f. for one-bedroom unit c) 550 s.f. for two-bedroom unit 8) Maximum The maximum number of housing units per acre shall be twelve(12) Density: provided at least twenty(20)percent of the lot area is devoted to open space. Cir 9) Maximum The maximum impervious coverage shall be in accordance with the Impervious underlying zoning district requirements. (As amended by Ordinance No. Coverage: 480-BB.) 10)Bufferyards: Bufferyards shall be required in accordance with the underlying zoning district and corridor overlay zone bufferyard requirements, if applicable. 11) Interior Interior landscaping shall be required in accordance with the current Landscaping landscaping ordinance and corridor overlay zone requirements,if applicable. Area: 12) Parking: Ten (10) spaces plus 1.5 spaces per each 3 beds. g. Licensing Every Personal Care Facility shall be licensed by the Texas Department of Human Services as required by the Personal Care Facility Licensing Act, Section 247.021,Tex. Health and Safety Code,V.T.C.A. 45.10 SPECIFIC REQUIREMENTS FOR GASOLINE SERVICE STATIONS WHEN OPERATED WITH OR WITHOUT CONVENIENCE STORES, CAR WASHES, AND OTHER RELATED 45-18 Lir ANCILLARY USES (This entire section was added by Ordinance No. 480-Z.) In addition to the Corridor Overlay Zone regulations and the underlying zoning district regulations, gasoline service stations/filling stations (with or without a convenience store, car wash and other related ancillary uses)shall meet the following requirements prior to issuance of a building permit: (In the event that there are conflicting requirements, the more stringent regulations shall apply.) a. General Criteria 1) All gasoline service stations on the F.M. 1709 corridor shall be located at signalized arterial intersections as defined in the city's Master Thoroughfare Plan. This requirement is designed to ensure that the supporting street infrastructure can handle higher volumes of traffic during peak hours of traffic loading. 2) All gasoline service stations on the S.H. 114 and F.M. 1938 corridors may be located at either intersection or mid-block. b. Development Regulations 1) Residential Gasoline pumps,pump islands,canopies,or car washes,where adjacent Adjacency: to property zoned as single-family residential or designated as low or medium density residential on the city's land use plan, shall maintain a minimum setback of at least one hundred twenty-five (125') feet. The hours of any carwash operation may be limited when located adjacent to residentially-zoned property. No dumpster shall be placed within 50' of residentially zoned property or designated as low or medium density residential on the city's land use plan. 2) Lot Area: The minimum area of a lot shall be forty thousand(40,000) square feet, but the Planning and Zoning Commission may recommend and the City Council may require additional lot area to ensure proper internal traffic circulation and appropriate stacking on site. 3) Building Gabled or Hipped Roof: All service station convenience stores, pump Design: canopies and car washes shall be constructed with a gabled or hipped roof with a minimum pitch of 4:12. Articulation: Service station convenience stores shall meet the articulation requirements of the Corridor Overlay Zone. Pump canopies and freestanding car washes shall be exempted from the articulation requirement. 45-19 Building Materials:All exterior facades of the convenience store,canopy columns, and car wash shall be constructed of the same material. Floor Area: The minimum floor area of a convenience store shall be 2,000 square feet with each lease space within the convenience store building being a minimum of 500 square feet. Each freestanding car wash or other ancillary building shall have a minimum floor area of 500 square feet. 4) Site Design: Lighting: A system to light the area of the gas pumps shall be provided. Such lighting shall be designated to light the pump area adequately without becoming an unnecessary nuisance to traffic or to owners of nearby property. Outside Commercial Display of Goods: Outside commercial display of goods shall be prohibited. Landscaping: Where parking is provided between the building setback line and any public R.O.W., shrubs obtaining a mature height of three feet(3')or greater must be planted at a minimum spacing of thirty inches (30") on center continuous along all paved edges of the parking or driving areas. 45.11 SPECIFIC REQUIREMENTS FOR CARPORTS AND MULTI-LEVEL PARKING GARAGES FOR NON-RESIDENTIAL PROPERTY In addition to the underlying zoning district regulations and any other applicable regulations,multi- level parking garages and carports (collectively referred to as parking structures) shall meet the requirements set forth herein prior to issuance of a building permit. In the event that there are conflicting requirements,the more stringent regulations shall apply. (This entire section was added by Ordinance No. 480-II.) a. General Criteria 1) No parking structure shall be located closer to the front building line than the principal structure on the property. 2) No parking structure shall encroach into a designated bufferyard. 3) Parking structures shall comply with any required setback for the principal buildings in the underlying zoning district and the 4:1 slope line where applicable. 4) The footprint of parking structures shall be included when calculating maximum lot coverage and maximum impervious coverage for any lot. 5) The footprint of parking structures shall be included when calculating the amount of thr 45-20 landscape area required on the interior of a lot,according to the provisions of the landscape ordinance, as amended. 6) A motor vehicle may be parked in a parking structure for no more than seventy-two (72) consecutive hours. b. Development Regulations for Non-Residential Carports 1) Height: Attached Carports: Carports attached to the principal structure shall not exceed twenty(20)feet in height. The height of an attached carport shall be measured from the finished grade to the highest point of the roof of the carport. Detached Carports: No detached carport shall exceed one story or fourteen (14) feet in height. The height of a detached carport shall be measured from the finished grade to the highest point of the roof. b) Structure Design: Roof: The roof of a detached carport shall be pitched and constructed with the same materials as the roof of the principal building. The roof of an attached carport shall be constructed in the same roof style and with the same materials as the roof of the principal building. Maximum Number of Spaces and Size: The maximum number of spaces that may be covered by a carport shall not exceed six(6)spaces. However, where a carport is not visible from a public right-of-way or from single-family residential property, as defined by Section 43 of this ordinance, the Planning and Zoning Commission may recommend and the City Council may approve an increase in the number of spaces allowed in a carport. The minimum size of each space shall be 9'by 20'. Maximum Number of Structures: There shall be no more than one(1) carport, attached or detached,per lot. Building Materials: All exterior façades and any exposed structural support columns of a carport shall be constructed with the same or similar materials as the principal building. However, such building materials shall exclude the use of cement, concrete tilt wall and other masonry materials of similar characteristics. Articulation: Any exterior façade shall comply with Section 43.13.d. Paving: No carport shall be erected over any parking space not L 45-21 constructed of an all-weather surface. c. Development Regulations for Non-Residential Multi-Level Parking Garages 1) Height: In all districts, multi-level parking garages shall conform to height restrictions for the underlying zoning districts. Height shall be measured from grade. 2) Structure Design: Building Materials: Any wall, exposed structural support column or other architectural feature of a parking garage shall comply with Section 43.13 (a) and shall be constructed of the same or similar masonry material as the principal building. Articulation: Any exterior façade shall comply with Section 43.13.d. Compact Parking Spaces: If permitted,no compact parking space shall be less than eight and one-half(8 Y2) feet in width by eighteen(18)feet in length. Vehicular Ingress and Egress Points: The distance from parking garage vehicular ingress and egress points to a corner of a street intersection shall conform to the driveway ordinance, as amended. Ingress: The required minimum stacking depth shall conform to the driveway ordinance, as amended. If there are ingress control gates, the stacking distance shall be measured from the edge of the right-of-way to the ingress control gate. The required stacking distance may be met by providing a right turn lane(of adequate length as determined by the City Engineer)leading to the entrance of the parking garage. Egress: A minimum of twenty(20) feet shall be provided between an egress control gate and either the inside edge of a sidewalk or the inside of the right-of-way to minimize conflicts between exiting vehicles and pedestrians. 3) Commercial Uses: Multi-level parking garages may contain commercial uses which are reasonably related to the principal uses located on the lot with the parking garage. No additional parking shall be required for such commercial uses. tor 45-22 45.12 SPECIFIC REGULATIONS FOR OUTDOOR SALES OR SERVICES a. Approval of a specific use permit for outdoor sales or services shall be based upon an analysis of the location, the site layout and design features, the assurance that the adjoining streets can handle higher volumes of traffic during peak hours of traffic loading without a requirement to divert traffic onto traditional residential streets and the compatibility of the proposed use with adjacent land uses. b. A fixed time period(specific dates)for the outdoor sale or service activity to commence shall be established in the specific use permit. The permit for the sale or service activity shall be established and unless otherwise stated in the permit, shall be valid one year from the date of approval by the City Council. c. Regulations for any structure used to conduct the outdoor sale or services activity including but not limited to, size,color,location of equipment,lighting and signage shall be established in the specific use permit. d. The location of outdoor sale or service activity shall not reduce the parking requirements or effectiveness of landscaped or buffer areas and the areas for the display of merchandise shall de not adversely impact the ability of pedestrians or vehicles to move about the lot. e. The site must provide adequate ingress and egress. f. Provisions for waste collection,recycling and/or disposal may be established in the specific use permit. g. Each sidewalk or pedestrian way on the approved site plan shall be a minimum of forty-four inches(44")in width. Additional width may be required and pedestrian ways shall be subject to the Americans with Disability Act Accessibility Guidelines for Building and Facilities. 45.13 SPECIFIC REGULATIONS FOR DONATION BINS a. A donation bin shall be permitted only as an accessory use to the principal use established on the lot or tract of land. b. The applicant must disclose the intended recipient of collected items and the percentage of funds collected or goods collected which will be paid or given to a charitable organization. c. The applicant must submit written permission of property owner consenting to the erection and maintenance of the donation bin. d. The specific use permit shall provide that the permit holder shall: tiv 45-23 1) keep the area around the bin free of litter; 2) remove graffiti from the bin within 48 hours of discovery; and 3) maintain the bin painted or otherwise unrusted and undented and in good repair. e. A minimum lot size of 43,560 square feet is required to locate a bin. f. No more than one bin may be maintained on a lot. g. A bin shall not be located closer than 500 feet to another bin. h. A bin must be at least 300 feet from the property line of a school. i. The location of a bin shall not reduce the minimum parking requirements or effectiveness of landscaped areas within the site. I T j. A bin shall not exceed a capacity of cubic feet. k. A bin must be cleared of contents at least once every two (2) weeks. 1. Each bin shall bear the name and phone number of the owner and all charitable organizations which benefit from the collected materials. m. The maximum sign area shall be six (6) square feet. n. All collected items must be fully contained within the bin. o. Bins shall be located on a paved surface. 45.14 MASS GATHERING EVENT a. The City Council may grant an application for a specific use permit for a mass gathering event if it finds the standards in this Ordinance are met. When considering an application for a permit, the City Council may establish specific conditions depending upon the nature of the proposed event and the traffic, health, and safety issues. b. An application for a permit to hold a mass gathering event shall identify(i)the promoter;(ii)the mass gathering area; (iii) the maximum number of patrons anticipated or tickets to be sold for the gathering; (iv) the dates and time of day being considered for the mass gathering; (v) information pertaining to previous mass gatherings in the same mass gathering area or sponsored by the promoter or a related entity at other locations, within the previous two years; 45-24 tir and (vi) shall provide other information which is reasonably related to the health, safety and welfare of the citizens, including: 1) a plan describing all measures and procedures designed to address safety concerns,including provisions for protecting the safety of those attendees at a general admission event; 2) a sketch or rendering showing the general layout or configuration of the mass gathering area and depicting the general location of the activities and facilities to be provided; 3) the name and address of each performer who has agreed to or been invited to appear at the mass gathering; 4) the address of the property at which the mass gathering is to be held; and 5) evidence of the agreement between the promoter and the property owner for use of said property for the mass gathering event. c. In considering whether to grant a mass gathering event special use permit,the City Council shall consider the following: 1) whether there is convenient and safe access for the ingress and egress of pedestrians and vehicular traffic; 2) whether sufficient traffic control personnel is proposed to insure safety to all members of the traveling public, including pedestrians, along all public roadways in the proximity of the mass gathering and/or along which the public is likely to travel to reach the mass gathering areas shall be provided; 3) whether the mass gathering area is well drained and so arranged to provide sufficient space for persons assembled, vehicles, sanitary facilities, and appurtenant equipment; 4) whether sufficient illumination will be provided at night to protect the safety of the persons assembled. 5) whether adequate parking areas, including disabled persons' parking spaces, shall be provided for persons arriving by vehicular means. If the promoter proposes to utilize temporary off-site parking, then the promoter the mass gathering event the off-site temporary parking area will not be utilized for purposes other than the mass gathering event; and 6) whether adequate provisions have been made for food supply,medical assistance, garbage disposal, water supply, parking, sanitation and toilet facilities, vermin control, and safety. d. The promoter of a mass gathering event shall comply with the following requirements during the mass gathering event and these requirements shall be deemed as part of a specific use permit granted for such an event: 45-25 1) Food Supply Food preparation, service and storage will be provided for pursuant to the requirements of the Texas State Department of Health,the county in which the mass gathering event takes place,or the City, whichever is more stringent. 2) Water Supply a) An adequate, safe supply of potable water,meeting the requirements of the Texas State Department of Health, the county in which the mass gathering event takes place,or the City, whichever is more stringent, shall be provided. b) Transported water, if used, shall be obtained from an approved source, stored and dispensed in an approved manner. Approval as used in this paragraph means in compliance with standards adopted by the Texas State Department of Health,the county in which the mass gathering takes place, or the City, whichever is more stringent. 3) Sanitation Toilet facilities will be provided for pursuant to the requirements of the Texas State Department of Health, the county in which the mass gathering event takes place, or the City, whichever is more stringent. 4) Refuse Disposal a) Refuse shall be collected, stored, and transported in a manner that allows for recycling and protects against odor, infestation of insects and/or rodents and any other condition, which poses a threat to the health, safety, and welfare of the patrons of the mass gathering event or the public. b) Refuse and recycling containers shall be clearly marked and readily accessible. c) The area where motor vehicles are parked shall have one (1) fifty (50) gallon refuse container or its equivalent for every twenty-five (25) such motor vehicles or one (1) sixteen (16) cubic yard trash container for every two thousand (2,000) motor vehicles and an appropriate number of recycling containers. d) All refuse will be collected from the assembly area at least twice each twelve(12)hour period of the assembly, with a minimum of two (2) such collections for a gathering exceeding six (6)hours, or more often if necessary, and disposed of at a licensed waste disposal facility. e) The grounds and immediate surrounding property shall be cleared of refuse within twenty-four(24) hours following a mass gathering event. Cov 45-26 f) In lieu of the above-mentioned requirements in this subsection,the promoter may submit an alternative plan for refuse disposal for the consideration by the City Council. 5) Vermin Control Insect,rodents,and other vermin shall be controlled by proper,sanitary practices,extermination, or other safe and effective control methods, where necessary, and animal parasites shall be controlled. 6) Safety a) Electrical systems shall be installed and maintained in accordance with the provisions of the applicable State standards and local standards and regulations,and shall be approved by a City of Southlake electrical inspector. b) Grounds,buildings, and related facilities shall be constructed,maintained and used in a manner as to prevent fire and in accordance with the applicable State and City fire prevention regulations. c) Internal and external traffic and security control shall meet requirements of the applicable State and local law enforcement agencies. d) At least one law enforcement officer for each 500 persons expected to attend the mass gathering(but not fewer than a total of three officers) shall be on site to assist in crowd and traffic control.The City Council may require additional or fewer officers,depending upon the information contained in the application. If the promoter intends to use private security officers,then the identity and number of such officers shall be described in the application. e) The promoter shall ensure that adequate communication between local law enforcement, fire prevention,and emergency personnel and any private security personnel,including emergency response protocols, is provided for each mass gathering event. An on-site communications center may be required. 7) Medical a) Any and all medical buildings or tents with adequate medical supplies shall be available in a convenient location and shall be clearly identified as such. b) An adequate number of emergency vehicles duly licensed by the State of Texas as ambulance shall be available on the site beginning one half hour before the mass gathering event begins and until all patrons have left the scene as determined by the Director of Public Safety. 45-27 c) The promoter of the mass gathering event may be required to contact hospitals in the local area prior to the date of the event and advise them that a mass gathering event shall be held and the approximate number of people expected to attend. 8) Noise The promoter shall control the level of sound emanating from the mass gathering area pursuant to the City's Noise Ordinance (Article III of Chapter 11. Southlake Code). 9) Area a) Trees, underbrush, large rocks and other natural features shall be left intact and undisturbed whenever possible,and natural vegetative cover will be retained,protected and maintained so far as possible to facilitate drainage, prevent erosion, and preserve scenic attributes. b) Grounds shall be maintained free from accumulations of refuse and any health and safety hazards. 10) Lighting The mass gathering area shall be adequately lighted,but the lighting shall not unreasonably reflect beyond the assembly area boundaries unless adjacent properties are uninhabited and must comply with the City's Lighting Ordinance; 11) Alcoholic Beverages a) A Specific Use Permit is required to sell and consume alcoholic beverages at a mass gathering event. The promoter shall restrict the time and location of such sale so that alcoholic beverages are sold only during the particular event and so that public safety and order will not be impaired. b) The promoter shall comply fully with the laws of the State of Texas regulating the sale and consumption of alcoholic beverages. 12) Sell-out The promoter shall notify the Director of Public Safety at least three(3)days in advance if the mass gathering event is sold out. When the promoter learns that a particular event is likely to be sold out, the promoter shall exercise due diligence to promptly inform the general public that tickets will not be available for sale at the time of the event. At a minimum, the promoter shall broadcast announcements in the communications media serving the entire marketing area for the facility regarding the substance of the preceding sentence. 45-28 e. Public Costs Escrow. The promoter shall deposit with the Director of Finance at least two weeks prior to the mass gathering event an amount of money equal to 120% of the estimated public costs of each contemplated mass gathering as set by the City Council. The Director of Public Safety will prepare a public cost estimate and submit it to City Council and the promoter. Public costs are those costs incurred by the City in connection with the mass gathering event which relate to the mass gathering and which would not be incurred by the City if such mass gathering was not held. Promptly after each mass gathering event, the actual public costs shall be calculated, and the deposit shall be refunded to the promoter to the extent it exceeds the actual public costs incurred. If the actual public costs exceed the amount deposited, the promoter shall pay the excess to the City within 10 days after being so notified. f. The promoter shall present evidence of public liability insurance in at least the following amounts: (i)$1,000,000 Bodily Injury(per person);(ii)$2,000,000 Bodily Injury(per occurrence); and(iii) $1,000,000 property damage, which insurance policy shall name the City, its officers and employees as additional insureds and shall contain a clause providing that the policy may not be canceled by either party except upon not less than 30 days written notice to the City. A copy of the insurance policy shall be provided to the City at the time of the filing of the application. Additionally, the City, its officers and employees shall be named as additional insureds. g. The City Council may revoke a mass gathering event permit issued pursuant to this Ordinance upon finding of one or more of the following: 1) that the promoter has violated one or more of the provisions of the specific use permit; 2) if the City Council finds that the permit was obtained by fraud or misrepresentation; or 3) if the preparations for the mass gathering event will not be completed prior to the planned commencement of the mass gathering event. filer 45-29