Section43.11.18.03
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
encourage pedestrian oriented retail and entertainment uses having high quality urban
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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
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
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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.
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
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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).
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
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.
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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
SH 114 and FM 1709, or FM 1709, 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
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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
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.
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(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.
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:
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(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
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
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
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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
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.
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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, except for the following items and
events (See Exhibit 43-F) Also, the items and events listed below are
excluded from the screening requirements of Section 43.9.c.4:
i. newspapers;
ii. Christmas trees (stored outdoor for sale beginning one week
before Thanksgiving through December 31);
iii. charitable sales events sponsored by non-profit
organizations provided that the event does not exceed five
(5) consecutive days at any one location.
iv. Certain seasonal merchandise provided that the conditions
listed in this section are met (All non-residential uses are
subject to the following regulations regardless of the date that
a site plan, concept plan or development plan was approved).
(a) Acceptable items, merchandise or activities to be stored
and display outside without screening includes those
items and similar types of items listed below: 1) living
plant materials; 2) bundled firewood; 3) merchandise
associated with the holidays; 4) hot dog and snow cone
vendors; and 4) mechanical equipment associated with
lawn and garden care and maintenance (all mechanical
equipment display shall be in conjunction with a
promotional event shall not be stored outside more than
three (3) continuous days and merchandise must be
removed and returned indoors at the end of each
business day).
Unacceptable items or merchandise to be stored outside
without screening includes those items and similar
types of items listed below: 1) appliances; 2) antiques;
3) artwork; 4) automotive supplies; 5) bicycles; 6) food
and drink products; 7) jewelry; 8) sporting goods; 9)
swimming pools; 10) swing sets; 11) motorcycles or
scooters; 12) furniture; 13) clothes; 14)
storage/shipping containers; and 15) tools; 16) bagged
goods such as mulch, top soil, fertilizer, play sand; and
17) empty propane tanks (must conform to standards
and regulations of the City of Southlake DPS).
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(b) 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, providing
that the remaining pedestrian path, sidewalk or hard
surface area shall contain no less than 5' in width (See
Exhibit 43-G).
(c) The storage area shall not exceed 30% of the linear
frontage of the primary building (See Exhibit 43-G).
(d) The merchandise for sale is not located further than 15'
from the principal building .
(e) The merchandise for sale is not located within required
landscaped areas, required parking areas, fire lanes, fire
access ways, or exit ways and is located on an all
weather surface.
(f) 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.
(g) 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.
(h) Such merchandise must not impede traffic flow or
block site distance on the street.
g. Outdoor Storage by transient salespersons is prohibited, except those uses
associated with a city-approved festival or marketplace.
h.g. 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.
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i.h. 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).
j.i. 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.
k.j. The following activities are excluded from the requirements of Section
43.9.c.4:
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.
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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
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
43.10 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
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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.
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:
a. In addition to the development regulations set forth in the underlying zoning district,
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.
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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.
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
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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.
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.)
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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.
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
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.
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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.
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XHIBIT 43-B
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SUMMARY OF BUFFERYARDS
Canopy
Bufferyard 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.
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EXHIBIT 43-C
REQUIRED BUFFERYARDS
F.M. 1709 &
Zoning of S.H. 114 F.M.
E. R.O.W.
Developing 1938
Carroll
Tract
between 1709
& 114
AG * * *
RE G L Q
SF-1A 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
CS J O R
0-1 I M R
0-2 I M R
C-1 J O S
C-2 J O S
C-3 J O S
C-4 J O S
B-1 J O S
B-2 J O S
I-1 K P T
I-2 K P T
HC J O R
* No bufferyard required
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43-22
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EXHIBIT 43-F
ACCEPTABLE OUTDOOR STORAGE LOCATIONS
43-24
EXHIBIT 43-G
ACCEPTABLE LOCATION OF SEASONAL STORAGE
43-25
EXHIBIT 43-H
OUTDOOR STORAGE-Location of Materials
43-26
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