Exterior construction requirements and standards:

Definitions:

For the purpose of this section the following definitions shall apply:

Masonry construction shall include all construction of stone material, brick material, concrete masonry units, stucco or concrete panel construction, which is composed of solid, cavity, faced, or veneered-wall construction.

The standards for masonry construction types are listed below:

Stone material:

Masonry construction using stone material may consist of granite, marble, limestone, slate, river rock, and other hard and durable naturally occurring all-weather stone. Cut stone and dimensioned stone techniques are acceptable.

Brick material:

Brick material used for masonry construction shall be hard fired (kiln fired) clay or slate material which meets the latest version of ASTM standard C216, Standard Specification for Facing Brick (Solid Masonry Unit Made of Clay or Shale), and shall be Severe Weather (SW) grade, and Type FBA or FBS or better. Unfired or underfired clay, sand, or shale brick are not allowed.

Concrete masonry units:

Concrete masonry units used for masonry construction shall meet the latest version of the following applicable specifications; ASTM C90, Standard Specification for Hollow Load Bearing Concrete Masonry Units; ASTM C145, Standard Specification for Solid Load Bearing Masonry Units; ASTM C129, Standard Specification for Hollow and Solid Non-load Bearing Units. Concrete masonry units shall have an indented, hammered, split face finished or other similar approved architectural finish as approved by the city council. Smooth surface blocks are not permitted. Lightweight concrete block or cinderblock construction is not acceptable as an exterior finish.

Concrete panel construction:

Concrete finish or pre-cast panel (tilt wall) construction shall be painted, fluted, exposed aggregate, or other approved architectural concrete finish. Smooth or untextured concrete finishes are not acceptable.

Stucco:

A textured finish applied over a portland cement base or similar material applied by the Type H method applied over metal or wire lath.

Acceptable glass and metal standards are as follows:

Glass walls shall include glass curtain walls or glass block construction. Glass curtain wall shall be defined as an exterior wall which carries no structural loads, and which may consist of the combination of metal, glass, or other surfacing material supported in a metal framework.

Metal walls shall include profiled panels, deep ribbed panels and concealed fastener systems. Exterior finish shall be film laminated or baked-on enamel painted to the wall manufacturer's standards.

(1)

The use of corrugated metal, plastic, or fiberglass panels is prohibited.

(2)

The use of galvanized, aluminum coated, zinc-aluminum coated or unpainted exterior metal finish is prohibited.

30.2

Construction standards:

The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new, altered or repaired construction occurring within the city.

Residential:

All residential buildings and structures located in the residential zoning districts SF-40 through 2F shall be of exterior fire-resistant construction having at least 80 percent of the total exterior walls above grade level and below the first floor plate line, excluding doors and windows, constructed of brick, stone, or material of equal characteristics in accordance with the city's building code and fire prevention code. Strict adherence to this rule shall not be such as to prevent architectural creativity.

Consideration for exceptions to the above requirements shall be based only on the following:

(1)

Architectural design and creativity.

(2)

Compatibility with surrounding developed properties.

Architectural variances may be considered for, but not limited to, Gingerbread, Victorian, English Tudor, or Log designs.

All principal buildings and structures located in the MF district shall be of exterior fire-resistant construction having at least 90 percent of the total exterior walls, excluding doors and windows, constructed of brick, stone, or other material of equal characteristics in accordance with the city's building code and fire prevention code.

Consideration for exceptions to the above requirements shall be based only on the following:

(1)

Architectural design and creativity.

(2)

Compatibility with surrounding developed properties.

Concrete or metal exterior materials are not permitted on any residential structure.

Nonresidential:

All nonresidential uses shall be of exterior fire-resistant construction having at least 75 percent of the total exterior walls above grade level, excluding doors and windows, constructed of masonry or glass wall construction, in accordance with the city's building code and fire prevention code. Building facades which face or side any public street or residential zoning districts, or otherwise have public exposure, shall be constructed entirely of stone, brick, or glass wall construction. Strict adherence to this rule shall not be such as to prevent architectural creativity. Consideration for exceptions shall be based only on the following and subject to approval by the city council:

(1)

Architectural design and creativity.

(2)

Compatibility with surrounding developed properties.

Metal accessory buildings over 200 square feet may be located in the commercial district, and the light industrial district (in the LI district by conditional use permit) zoning districts and shall be constructed in accordance with the city's building code and fire prevention code, except that any structure within 200 feet of a public street or residential zoning district shall be constructed of stone, brick or glass wall construction (also see section 29 for conditional use permit requirements). Metal exterior walls shall be compatible in color with the principal building and existing surrounding structures.

Accessory buildings 200 square feet or less are excluded from these provisions. Barns on property of two acres or more if such barns are used solely for agricultural as distinguished from commercial or industrial purposes shall be exempt from provisions of this section. Mobile homes otherwise lawfully existing under the provisions of the zoning ordinance shall also be excluded from provision of this section.

When walls are metal, the use of corrugated panels is prohibited; profiled panels, deep ribbed panels and concealed fastener systems are permitted. Exterior finish for metal walls fronting or siding on public streets shall be of a permanent material such as a baked or enamel finish or painted to the wall manufacturer's standards. The use of galvanized, corrugated aluminum coated, zinc-aluminum coated, or unpainted exterior metal finish is prohibited.

Concrete panel/tilt wall construction is permitted in the LI zoning district.

Procedure for determining alternative exterior materials:

All requests for alternative exterior building materials shall be noted and described on a site plan. If requested by the city, a sample of the material may be required to be submitted with the site plan.

The city may approve an alternative exterior material if it is determined it is equivalent or better than masonry according to the criteria listed for exceptions above as part of the approval of a site plan.

Temporary construction buildings:

Temporary buildings and temporary building material storage areas to be used for construction purposes may be permitted for a specific period of time in accordance with a permit issued by the building inspector and subject to periodic renewal by the inspector for cause shown. Upon completion or abandonment of construction or expiration of permit, such field offices and buildings shall be removed at the satisfaction of the building official.

(Ordinance 99-817, secs. 1, 2, adopted 11/9/99)

§ 31 Off-street parking and loading requirements.

31.1

Purpose:

To secure safety from fire, panic, and other dangers; to lessen congestion on public streets; to facilitate the adequate provision of transportation; to conserve the value of buildings; and to encourage the most appropriate use of land. Minimum off-street parking and loading shall be provided as set forth in the following schedules and provisions.

31.2

Residential districts (except MF districts)–Special off-street parking provisions:

Required off-street parking shall be provided on the same site as the use it is to serve.

No required parking shall be allowed except on a paved concrete or asphalt parking space. All driveways and approaches to required parking spaces shall be similarly paved except in the SF-40 district on lots two acres or larger. Required parking on grass or other permeable surface is not permitted.

No parking space, garage, carport, or other automobile storage space shall be used for the storage of any commercial tractor/trailer, farm equipment or other commercial heavy load vehicle (see definitions for heavy load vehicle). Parking areas for recreational vehicles and trailers are permitted on a paved surface behind the front building line but shall not be counted as parking spaces for required parking.

In all subdivisions platted after the effective date of this ordinance, garages shall not face or be in view from a public street unless located at least 40 feet from the front property line. A driveway equal to the width of the garage entrance is required for a distance of 20 feet from the garage entrance to the front property line (see illustration 20). Garages which face or are in view of a public street may be permitted by planned development designation. The PD shall show the floor plan and typical garage orientation.

31.3

Nonresidential and MF districts–Special off-street parking provisions:

To prevent nuisance situations, all parking area lighting shall be designed and operated so as not to reflect or shine on adjacent properties and in accordance with the standards established in section 38.

For safety and firefighting purposes, free access through to adjacent nonresidential parking areas shall be provided in accordance with section 31.10.

All required off-street parking, maneuvering, loading and storage areas shall be paved to a minimum of six inches of reinforced concrete over six inches cement-limed or crushed limestone stabilized base compacted to 95 percent density, or an equal alternative section approved by the director of public works. Approaches shall be paved to a minimum of seven inches of reinforced concrete over six inches cement-limed or crushed limestone stabilized base compacted to 95 percent density.

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

Each standard off-street surface parking space size shall be in accordance with the city design standards (see illustration 15 for space size and design).

All parking and loading spaces, and vehicle sales areas on private property shall have a vehicle stopping device installed so as to prevent parking of motor vehicles in any required landscaped areas, to prevent vehicles from hitting buildings, and to prevent any parked vehicle from overhanging a public right-of-way line, or public sidewalk. Parking shall not be permitted to encroach upon the public right-of-way in any case. All vehicle maneuvering shall take place on-site. No public right-of-way shall be used for backing or maneuvering into or from a parking space (see illustration 2).

Refuse storage facilities or recycling bins placed in a parking lot shall not be located in a designated parking or loading space. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies. Adequate reinforced paved areas shall be provided for refuse facilities and their approaches for loading and unloading.

Handicap parking space(s) shall be provided according to the city's adopted building code.

In all nonresidential and multifamily zoning categories, designated parking and loading areas shall not be used for the repair, storage, display for sale, dismantling or servicing (except for normal maintenance of a private vehicle) of vehicles or equipment; or for the storage of materials or supplies, or for any other use in conflict with the designated parking and loading areas (i.e., advertising or open storage of raw materials).

To ensure that all requirements set forth in this section are carried forward, it will be the responsibility of the owner of the parking area to adequately maintain the facility. All off-street parking areas shall be kept free of trash, debris, vehicle repair operation or display and advertising uses. At no time after initial approval of the parking area layout can changes be made in the location and number of provided spaces without approval of the building official.

Off-street stacking requirements for drive-through facilities.

A stacking space shall be an area on a site measuring eight feet by 20 feet with direct forward access to a service window or station of a drive-through facility which does not constitute space for any other circulation driveway, parking space, or maneuvering area.

For financial institutions with drive-through facilities, each teller window or station, human or mechanical, shall be provided with a minimum of five stacking spaces.

For each service window of a drive-through restaurant, a minimum of six spaces shall be provided from the location of the order window.

For kiosks, a minimum of two stacking spaces for each service window in addition to the service window shall be provided.

For each full-service carwash, vacuum or gas pump lane, a minimum of seven stacking spaces shall be provided.

For each self-service (drive-through/automated) wash bay, a minimum of three stacking spaces in addition to the wash bay shall be provided.

For each self-service (open bay), a minimum of two stacking spaces in addition to the wash bay shall be provided.

For automobile quick-lube facilities, a minimum of three stacking spaces in addition to the service bay shall be provided.

All nonresidential uses in the office, neighborhood service, retail and commercial districts shall provide one bicycle rack or designated parking area for bicycles.

31.4

Off-street loading space–All districts:

All retail, commercial, and industrial structures having 5,000 square feet or more of gross floor area shall provide and maintain an off-street area for the loading and unloading of merchandise and goods at a ratio of at least one space for the first 20,000 square feet of gross floor area and one space for each additional 20,000 square feet of gross floor area or fraction thereof. A loading space shall consist of an area of a minimum of 12 by 30 feet. All drives and approaches shall provide adequate space and clearances to allow for the maneuvering of trucks off-street. Each site shall provide a designated maneuvering area for trucks (see illustration 2).

All loading areas shall be designed where loading doors or docking areas are not visible from collectors or major thoroughfares.

All loading areas used by heavy load vehicles shall be designed to minimize the impact on adjacent residential uses. If loading areas are adjacent to single-family, duplex, or multifamily areas, loading and unloading hours shall be restricted to 6:00 a.m. to 10:00 p.m.

Kindergartens, elementary schools, day schools, and similar child training and care establishments shall provide one paved off-street pedestrian loading and unloading space for an automobile on a through "circular" drive, with a pass-by lane, for each ten students cared for excluding child care in a residence.

31.5

Parking access from a public street–All districts:

In the approval of a detailed site plan, consideration shall be given to providing entrance/exit drives which extend into the site to provide adequate queuing of vehicles on the site.

In all districts (except all single-family and duplex zoning districts) building plans shall provide for entrance/exit drive(s) appropriately designed and located to minimize traffic congestion or conflict within the site and with adjoining public streets as approved by the city manager or designated administrative official or designated representative.

Based upon analysis by the city, if projected volumes of traffic entering or leaving a development are likely to interfere with the projected peak traffic flow volumes on adjoining streets, additional right-of-way and paving in the form of a deceleration lane or turn lane may be required of a developer in order to reduce such interference.

The determination of additional right-of-way or paving requirements shall be made at the time the final site plan is submitted for approval.

Vehicular access to nonresidential uses shall not be permitted from alleys serving residential areas.

Parking space configuration, location, arrangement, size and circulation in all districts shall be constructed according to illustration 15.

31.6

Parking requirements based on use:

In all districts, there shall be provided at the time any building or structure is erected or structurally altered, off-street parking spaces in accordance with the following requirements:

Automobile parts sales (indoors): One space per 300 square feet of floor area.

Automobile sales or service: See "Motor vehicle sales."

Bank, savings and loan, or similar institution: One space per 300 square feet of gross floor area.

Bed and breakfast facility: One space per guest room in addition to the requirements for a normal residential use.

Bowling alley or center: Six parking spaces for each alley or lane.

Bus or truck repair, parking, storage area, or garage: One space for each 500 square feet of floor area and repair garage with a minimum of five spaces.

Business or professional office (general): One space per 300 square feet of gross floor area except as otherwise specified herein.

Carwash (self-serve): One space per washing bay or stall in addition to the washing area or stall themselves.

Carwash (full-service): One space per 150 square feet of floor area.

10.

Church, rectory, or other place of worship: One parking space for each four seats in the main auditorium/sanctuary.

11.

College or university: One space per four day students.

12.

Community center, library, museum, or art gallery: Ten parking spaces plus one additional space for each 300 square feet of floor area in excess of 2,000 square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one space for each four seats that it contains.

13.

Commercial amusement (indoor): One space per 100 square feet of gross floor area, or as follows:

Racquetball or handball courts: Three spaces for each court.

Indoor tennis courts: Four spaces for each court.

Gymnasium, skating rinks, and martial arts schools: One space for each three seats at a maximum seating capacity, plus one space for each 200 square feet.

Swimming pool: One space for each 150 square feet of gross water surface and deck area.

Weight lifting or exercise areas: One space for each 100 square feet.

Bingo parlors: One space for three seats (design capacity) or one per 100 square feet of total floor area, whichever is greater.

Indoor jogging or running tracks: One space for each 100 linear feet.

Motion picture theaters (which do not include live performances): a) one space per 3- 1/2 seats for single-screen theaters; b) one space per five seats for motion picture theaters with two or more screens.

All areas for subsidiary uses not listed above or in other parts of this section (such as restaurants, office, etc.), shall be calculated in with the minimum specified for those individual uses.

14.

Commercial amusement (outdoor): Ten spaces plus one space for each 500 square feet over 5,000 square feet of building and recreational area.

15.

Commercial uses (not listed): One space per 250 square feet of floor area.

16.

Convenience store (with gasoline pumps): One space per 200 square feet of floor area plus one space for each three gasoline pump units (a unit may have up to six nozzles for gasoline disbursement). Spaces in pump areas qualify as spaces for the parking requirement. If no gasoline sales are provided, then the parking requirements shall be the same as for a retail store.

17.

Dance hall, aerobics, assembly or exhibition hall without fixed seats: One parking space for each 100 square feet of floor area thereof.

18.

Day nursery: One space per ten pupils plus one space per teacher, plus one space for each bus or van.

19.

Flea market: One space for each 500 square feet of site area. Dirt or gravel parking lots are not permitted.

20.

Furniture or appliance store, hardware store, wholesale establishments, clothing or shoe repair or service: Two parking spaces plus one additional parking space for each 300 square feet of floor area over 1,000.

21.

Gasoline station: One space per 125 square feet of floor area. Adequate space shall be provided for waiting, stacking, and maneuvering automobiles for refueling.

22.

Golf course: Three parking spaces per hole or green plus requirements for retail, office, and clubhouse areas; golf driving range: 1-1/2 spaces per driving tee.

23.

Health club, health spa or exercise club: One space per 150 square feet of floor area.

24.

Hospital: One space for each two beds or examination room whichever is applicable.

25.

Hotel: One space per room for the first 250 rooms and 0.75 space per room for each room over 250, plus one space per five restaurant/lounge area seats, plus one space per 125 square feet of meeting/conference areas.

One and one-tenth spaces per room which contains kitchenette facilities, plus parking for restaurant and meeting areas per ratio stated in this paragraph.

Two spaces per guest room provided with kitchen facilities plus parking for restaurant and meeting areas per the ratio stated in this paragraph.

26.

Industrial uses (light): One space for each 1,000 square feet of floor area.

27.

Library or museum: Ten spaces plus one space for every 300 square feet.

28.

Lodge or fraternal organization: One space per 200 square feet.

29.

Lumber yard: One space per 400 square feet display area, plus one space per 1,000 square feet of warehouse area.

30.

Machinery or heavy equipment sales: One space per 500 square feet of gross floor area.

31.

Medical or dental office: One space per 200 square feet of floor area. Facilities over 20,000 square feet shall use the parking standards set forth for hospitals.

32.

Mini-warehouse: Four spaces per establishment plus one additional space per 10,000 square feet of storage area.

33.

Mobile home or mobile home park: Two spaces for each mobile home plus additional spaces as required herein for accessory uses.

34.

Mortuary or funeral home: One parking space for each 200 square feet of floor space in slumber rooms, parlors or individual funeral service rooms.

35.

Motel: One parking space for each sleeping room or suite plus one additional space for each 200 square feet of retail or office floor area contained therein.

36.

Motor vehicle sales and new or used car lots: One parking space for each 500 square feet of sales floor for indoor uses, or one parking space for each 1,000 square feet of lot area for storage, sales and parking area, whichever is greater.

37.

Nursing home: One space per five beds and one parking space for each 1,000 square feet of lot area for outdoor uses.

38.

Office (administrative or professional): One space for each 300 square feet of floor area.

39.

Places of public assembly not listed: One space for each three seats provided.

40.

Racetrack, horses or dogs: One for each three seats plus one space for each employee. Stable areas shall provide storage areas for horse trailers according to section 31.4.

41.

Retail or personal service establishment, except as otherwise specified herein: One space per 200 square feet of gross floor area.

42.

Retirement home: One space for each dwelling unit.

43.

Restaurant, private club, nightclub, cafe or similar recreation or amusement establishment: One parking space for each 150 square feet of seating or waiting area.

44.

Rooming or boarding house: One parking space for each sleeping room.

45.

Sanitarium, convalescent home, home for the aged or similar institution: One parking space for each five beds.

46.

School, elementary (grades K–6): One parking space for each 15 students (design capacity).

47.

School, secondary, or middle (grades 7–8): One parking space for each 14 students (design capacity).

48.

School, high school (grades 9–12): One space for each 1.5 students, faculty and staff (design capacity).

49.

Storage or warehousing: One space for each two employees or one space for each 1,000 square feet of total floor area, whichever is greater.

50.

Theater, indoor or outdoor (live performances), sports arena, stadium, gymnasium or auditorium (except school auditorium): One parking space for each three seats or bench seating spaces.

51.

Truck stops: One truck parking space for each 10,000 square feet of site area plus one vehicle parking space per 200 square feet of building area.

52.

Veterinarian clinic: One space per 300 square feet of gross floor space.

53.

Warehouse or wholesale type uses: One space for 5,000 square feet of gross floor area.

31.7

Rules for computing number of parking spaces:

In computing the number of parking spaces required for each of the above uses, the following rules shall govern:

"Floor area" shall mean the gross floor area of the specific use.

Where fractional spaces result, the parking spaces required shall be constructed up to the next whole number.

The parking space requirements for a new or unlisted use not specifically mentioned herein shall be the same as required for a use of similar nature. If the proposed use is not similar to any of the uses listed herein, a determination shall be made by the zoning board of adjustment in accordance with the requirements for the most closely related use specified in this section.

Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change.

For buildings which have mixed uses within the same structure (such as retail and office), the parking requirement shall be calculated for the most intensive use. In cases where the design of the interior of the structure is not practical for alteration, the parking requirement may be calculated for each use within a structure for buildings over 40,000 square feet.

In the case of mixed uses (different buildings) in the PD districts, only the parking spaces required shall equal the sum of the requirements of the various uses computed separately. Up to 30 percent of the parking spaces required for a theater, stadium or other place of evening entertainment (after 6:00 p.m.), or for a church, may be provided and used jointly by banks, offices, and similar uses not normally open, used, or operated during evening hours. Shared parking must be on the same parking lot. Reduction due to shared parking shall be determined by the city manager or designated administrative official. To assure retention of the shared parking spaces, the parties concerned shall properly draw and execute a document expressing the same and shall file this agreement with the application for zoning variance.

31.8

Location of parking spaces:

All parking spaces required herein shall be located on the same lot with the building or use served, except as follows:

Where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located not to exceed 600 feet from any nonresidential building served.

In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, approval by the zoning board of adjustment is required according to the following criteria:

Off-site parking may be permitted on an immediately contiguous lot or tract, or on a lot or tract within 150 feet of such building or structure providing:

That a permanent easement of the parking facilities in favor of the premises to be benefitted shall be dedicated and recorded as a condition of such use, or

That a long-term remote parking lease agreement be provided upon approval by the city as a condition of such use.

31.9

Use of required parking spaces, nonresidential districts:

Required off-street parking and loading spaces shall be used only for these respective purposes and shall not be used for storage or display of boats, trailers, campers, motor vehicles or other goods, materials, or products for sale. Dumpsters or other trash and refuse collection receptacles shall not be placed in any required parking spaces.

31.10

Fire lanes:

[Required; specifications:]

Fire lanes shall be provided in all multifamily and nonresidential areas. All fire lanes provided in accordance with the city's fire code and all driveways planned or likely to accommodate nonresidential or heavy truck traffic shall be paved to a minimum standard equivalent to six inches of reinforced concrete over six inches of limed or cement stabilized base compacted to 95 percent density, or a comparable alternative standard approved by the city engineer.

[Distance of buildings from street or highway; turnarounds; marking:]

All buildings shall be constructed in such a way that no part of the structure is more than 150 feet from a public street or highway, or 50 feet from a public street or highway if the building exceeds 30 feet in height. Buildings greater than these distances from a street must construct and maintain a fire lane having a minimum width of 20 feet with the edge closest to the building at least ten feet from the building and a minimum height clearance of 14 feet, terminating within 150 feet of the farthest point of the structure or within 50 feet if said structure exceeds 30 feet in height. Clearances or widths required by this section may be increased when, in the opinion of the fire chief, minimum clearances or widths are not adequate to provide fire apparatus access.

Any fire lane more than 50 feet long shall either connect both ends to a designated street or be provided with a turnaround having a minimum radius of 50 feet. All curves and/or turns in such fire lanes shall be of no less than a 30-foot centerline radius. No reverse curves will be allowed on fire lanes. A minimum tangent length of 24 feet is required between curves.

All fire lanes and access easements designated by the city for such use shall be of a concrete or asphalt surface for the entire width thereof and maintained and kept in a state of good repair at all times by the owner of the premises, and the city shall not be responsible for the maintenance thereof. Such fire lanes shall be permanently marked as fire lanes, as required by this article, by the owner of the property upon which said fire lane is designated.

Obstructions:

No person shall place or allow to remain in any marked fire lane any trash, vehicles, merchandise, or other obstruction. The person in charge of any premises shall be responsible for any fire lane blocking on his premises by any means other than motor vehicles. Drivers of vehicles blocking fire lanes shall be chargeable with this offense.

Responsibilities of person in charge:

The owner and the person in charge of any premises where there is a designated fire lane shall be responsible for fire lane marking and the maintenance of fire lane marking. The following markings shall be plainly visible:

Fire lanes on parking areas not adjacent to curbs shall be designated by continuous stripes at least six inches in width on each side of the fire lane starting at the entrance from the street and to be continued to the exit. Such stripes shall be bright red in color. The words "NO PARKING" and "FIRE LANE" shall be painted at the entrance to the fire lanes, with lettering to be in white paint and at least 18 inches in height and such words "NO PARKING FIRE LANE" every 15 feet the length of said red fire lane stripe in white four-inch letters.

Fire lanes adjacent to curbs, buildings, and fences shall have the entire curb painted bright red or a minimum width of five inches painted bright red with the same lettering as in 1. above.

Where required by the fire prevention bureau, "Fire Lane No Parking" signs of a size to be specified by the chief shall be erected on buildings, posts or fences.

Construction of fire lanes:

Until such time as access easements are created and fire lanes are constructed and serviceable, no construction shall proceed beyond the pouring of foundations. Such fire lanes shall meet the standards of this chapter but need not be marked until final inspection.

(Ordinance 99-817, secs. 1, 2, adopted 11/9/99)

§ 32 Landscape requirements.

32.1

Purpose:

Landscaping is accepted as adding value to property and is in the general welfare of the city. Therefore, landscaping is hereafter required of new development, except agricultural uses, adjacent to public streets. Single-family and two-family uses are not required to provide extensive landscaping, however a minimum number of trees as prescribed in paragraph 32.7 shall be preserved, planted or transplanted prior to the issuance of a certificate of occupancy.

32.2

Scope and enforcement:

The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new or altered construction occurring within the city. Additionally, any use requiring a conditional use permit or a PD zoning designation must comply with these landscape standards unless specifically amended through the process prescribed in section 12 or 28. The provisions of this section shall be administered and enforced by the city manager or designated administrative official.

No builder or subdivider, directly or indirectly, shall cut down, destroy, remove, transplant or effectively destroy through damaging, any protected tree and/or specimen tree (as defined in the subdivision regulations) on any individual lot within the City of Highland Village without first obtaining approval of a landscape plan by the city manager or designated administrative official and/or approved tree mitigation plan. The unauthorized removal of any protected tree shall be a separate offense. Should any required tree designated for preservation on the landscape plan be removed without authorization, the owner shall provide restitution of illegally removed protected trees. Such restitution shall be up to two times the caliper inch of the tree removed but in no instance shall the replacement trees be less than four inches or more than six inches per tree. Any ordered restitution shall be a credit against any ordered fine, and the aggregate value of ordered replacement trees and fines per offense shall not exceed $2,000.00.

No property owner shall cut down, destroy, remove, transplant, or effectively destroy through damaging any specimen tree (as defined in the subdivision regulations) within the city without first obtaining approval of a landscape plan by the city council.

In nonresidential and multifamily zoning districts, if at any time after the issuance of a certificate of occupancy, the approved landscaping is found to be in nonconformance to the standards and criteria of this section, the city shall issue notice to the owner, citing the violation and describing what action is required to comply with this section. The owner, tenant or agent shall have 30 days from date of said notice to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of this ordinance.

32.3

Permits:

No permits shall be issued for building or construction until a detailed landscape plan is submitted and approved by the city manager or designated administrative official and/or approved tree mitigation plan. A landscape plan may be shown as part of the site plan as required in section 11. Prior to the issuance of a certificate of occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan.

In any case in which a certificate of occupancy is sought at a season of the year in which the city manager or designated administrative official determines that it would be impractical to plant trees, shrubs or grass, or to lay turf, a temporary certificate of occupancy may be issued. Such temporary permit shall be conditioned upon the installation of all landscaping required by the landscaping plan within six months of the date of the approval of the landscape plan.

32.4

Landscape plan:

Prior to the issuance of a building or construction permit, a landscape plan shall be submitted to the city manager or designated administrative official and/or approved tree mitigation plan. The city manager or designated administrative official shall review such plans and shall approve same if the plans are in accordance with the criteria of these regulations. If the plans are not in accord, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance.

Landscaping plans shall be prepared by a person knowledgeable in plant material usage and landscape design (e.g., landscape architect, landscape contractor or landscape designer). The city manager or designated administrative official may require any or all of the following information; (single-family and two-family dwelling lots shall only require items B, I, J, K, and L):

Minimum scale of one inch equals 50 feet.

Location, caliper size, species and common name of all trees to be preserved, transplanted, planted and to be removed (each indicated by symbol).

Location of all required plant and landscaping material to be used, including trees, plants, paving, benches, screens, fountains, statues, earthen berms, ponds (to include depth of water), topography of site, or other landscape features.

Species of all plant material to be used.

Size of all plant material to be used.

Spacing of plant material where appropriate.

Layout and description of irrigation, sprinkler, or water systems including placement of water sources.

Description of maintenance provision.

Person(s) responsible for the preparation of the landscape plan.

Mark indicating North.

Date of the landscape plan.

Location of all structures.

32.5

General standards:

The following criteria and standards shall apply to landscape materials and installation; however, single-family and two-family dwelling lots shall be governed only by paragraphs B, C, and I:

All required landscaped open areas shall be completely covered with living plant material. Landscaping materials such as wood chips and gravel may be used under trees, shrubs and other plants.

Plant materials shall conform to the standards of the approved plant list for the City of Highland Village (see the Highland Village Subdivision Ordinance "Appendix A" for the approved plant list) and the American Standard for Nursery Stock. Grass seed, sod and other material shall be clean and reasonably free of weeds and noxious pests and insects.

Trees shall be selected from the recommended tree list found in Appendix "A" of the subdivision ordinance. Trees shall be of a minimum caliper width of four inches, measured at six inches above ground level, and not more than six inches of caliper width measured at 12 inches above ground level. Replacement trees shall have minimum height of 14 feet.

Shrubs not of the dwarf variety shall be a minimum of two feet in height when measured immediately after planting. Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen which will be three feet high within two years after time of planting.

Vines not intended as ground cover shall be a minimum of two feet in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet landscape screening requirements as set forth.

Grass areas shall be sodded, plugged, sprigged, hydro-mulched or seeded except that solid sod shall be used in swales, earthen berms or other areas subject to erosion.

Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably completed coverage within one year of planting.

All required landscaped open space shall be provided with adequate and inconspicuous irrigation systems.

Any trees preserved on a site meeting the herein specifications may be credited toward meeting the tree requirement of any landscaping provision of this section according to the following table:

TREE CREDIT SCHEDULE
Caliper (Diameter)	Tree Credits
Less than 4 inches	0
4-6 inches	1
7-10 inches	2
11-14 inches	3
15-20 inches	4
21-26 inches	5
27-32 inches	6
Greater than 32 inches	7

Trees of six-inch to eight-inch caliper that are transplanted to other locations shall receive double the credit in the tree credit schedule. No living trees greater than six inches in caliper may be cut, destroyed or damaged on the development site until approved as part of the site plan requirements in this ordinance

Earthen berms shall have side slopes not to exceed 33.3 percent (three feet of horizontal distance for each one foot of height). All berms shall contain necessary drainage provisions as may be required by the city manager or designated administrative official.

32.6

Minimum landscaping requirements for nonresidential and multifamily:

For all nonresidential and multifamily parcels with less than 250 feet of frontage adjacent to a dedicated public right-of-way, at least 15 percent of the street yard shall be permanent landscape area. Nonresidential and multifamily parcels having 250 feet or more of frontage shall have at least 20 percent of the street yard in permanent landscape area (see illustration 18 for example). A minimum of ten percent of the entire site shall be devoted to living landscape which shall include grass, ground cover, plants, shrubs, or trees. The street yard shall be defined as the area between the building front and the front property line. For gasoline service stations, a requirement of a minimum 15 percent landscape area for the entire site, including a minimum 600 square foot landscape area at public street intersection corners.

A minimum ten-foot landscape buffer (interior parkway) adjacent to right-of-way of any street is required. The interior parkway is defined as that area on private property between the street right-of-way line and the curb of the parking area or building area. The landscaped portion of interior parkways may be included in the required landscape area percentage. If the lot is a corner lot, two frontages shall be required to observe the ten-foot buffer. If more than two frontages exist, then the other right-of-way frontages shall be required to have no more than 7-1/2 feet of landscaped area. Trees, a minimum of four inches in caliper chosen from the recommended tree list in Appendix "A" of the subdivision regulations spaced at 30 feet shall be preserved, planted, or transplanted in the landscape buffer. Trees may be grouped or clustered to facilitate site design.

Landscape areas within parking lots should generally be at least one parking space in size, with no landscape area less than 50 square feet in area. Landscape areas shall be no less than five feet wide and shall equal a total of at least 16 square feet per parking space. There shall be a landscaped area with at least one tree within 60 feet of every parking space. There shall be a minimum of one tree planted in the parking area for every ten parking spaces within parking lots with more than 20 spaces. Within parking lots, landscape areas should be located to define parking areas and assist in clarifying appropriate circulation patterns. Landscape islands shall be located at the terminus of all parking rows, and should contain at least one tree. All landscape areas shall be protected by a monolithic curb or wheel stops and remain free of trash, litter, and car bumper overhangs.

All existing trees which are to be preserved shall be provided with a permeable surface under the existing drip line of the tree. All new trees shall be provided with a permeable surface under the drip line a minimum of four feet by four feet.

Necessary driveways from the public right-of-way shall be permitted through all required landscaping. The maximum width for driveways shall be: 40 feet for multifamily and nonresidential two-way movements; 30 feet for multifamily two-way movements; 25 feet for multifamily and nonresidential one-way movements; and 15 feet for multifamily movements or in accordance with the standards set forth in the Highland Village TCSS manual.

Whenever an off-street parking area or vehicular use area abuts an adjacent property line, a perimeter landscape area of at least five feet shall be maintained between the edge of the parking area and the adjacent property line. Whenever the adjacent property is used or zoned for residential use, a landscaped area of at least ten feet shall be provided (see section 35 for additional screening wall requirements), planted with one tree for each 30 linear feet or portion thereof, of adjacent exposure. See illustration 19 for perimeter landscape area example.

32.7

Minimum planting requirements for single-family or two-family residential districts:

Trees on each individual lot within single- and two-family dwelling districts shall be preserved, planted or transplanted with trees according to the following table, unless the landscape plan required under [section]32.4 indicates a total protected tree count which is less than the total protected tree requirement under the following table. In such case, the total protected tree requirement shall be waived with the continuing requirement that all existing protected trees be preserved.

TREE PLANTING REQUIREMENTS RESIDENTIAL ZONES
Lot Size Sq. Ft.	Trees Required in Front Yard	Total Protected Trees Required
0 to 8,000	2	3
8,001 to 10,000	2	4
10,001 to 12,000	2	5
12,001 to 15,000	2	5
15,001 to 40,000	3	6
40,001 and up	4	10

32.8

Tree protection:

The following tree protection measures are required:

Prior to construction, all protected trees as shown on the approved landscape plan shall be clearly marked with a barrier consisting of a four-foot barricade fence or approved equivalent to protect the area under the canopy or drip line of any protected tree or group of protected trees.

During construction, the builder shall prohibit the cleaning of equipment or storage of materials and the disposal of any waste material, including, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy or drip line of any protected tree or group of protected trees.

No attachments or wires of any kind, other than those of a protective nature, shall be attached to any protected tree.

A tree well of rock, brick, landscape timbers, or other approved materials shall be constructed around any tree subject to cuts or fills in excess of six inches within the drip line. Such tree well shall protect not less than 75 percent of the area within the drip line of the tree.

All existing trees which are to be preserved shall be provided with a permeable surface under 75 percent of the existing drip line of the tree. All new trees shall be provided with a permeable surface under the drip line a minimum of four feet by four feet.

32.8.1

[Removal of protected tree:]

Approval may be given by the building official, or his designee, for a builder or owner to remove a protected tree, if the removal is necessary for proper drainage in accordance with the master drainage plan for the planned development. For the purpose of issuing building permits, a protected tree may be removed from those areas on a building lot that are outside the designated setback building lines on the final plat approved by the city council for such other improvements as driveways and retaining walls. A protected tree located within ten feet of a foundation may also be removed with approval from the building official, or his designee. Reference 32.7, Tree preservation and landscape requirements.

32.9

Sight distance visibility:

Rigid compliance with these landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an intersection of two or more public rights-of-way occurs, a triangular visibility area, as described below, shall be created. Landscaping within the triangular visibility area shall be designed to provide unobstructed cross-visibility at a level between three and six feet. Trees may be permitted in this area provided they are trimmed in such manner that no limbs or foliage extend into the cross-visibility area. The triangular areas are:

The areas of property on both sides of the intersection of an alley accessway and public right-of-way shall have a triangular visibility area with two sides of each triangle being a minimum of ten feet in length from the point of intersection and the third side being a line connecting the ends of the other two sides.

The areas of property located at a corner formed by the intersection of two or more public rights-of-way shall have a triangular visibility area with two sides of each triangle being a minimum of 25 feet in length from the point of intersection and the third side being a line connecting the ends of the other two sides. (See section 36.2(E) and illustration 17A also.)

Landscaping, except required grass and low ground cover, shall not be located closer than three feet from the edge of any accessway pavement.

In the event other visibility obstructions are apparent in the proposed landscape plan, as determined by the city manager or designated administrative official, the requirements set for the [set forth] herein may be reduced to the extent to remove the conflict.

32.10

Maintenance:

In nonresidential and multifamily zoning districts the owner, tenant and/or their agent, if any, shall be jointly and severally responsible for the maintenance of all required landscaping. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include, but not be limited to, mowing (of grass of six inches or higher), edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate to the season of the year. Plant materials which die shall be replaced with plant material of similar variety and size, within 90 days. Trees in excess of six inches caliper measured four feet above the ground may be replaced with ones of similar variety having a caliper of no less than four inches measured four feet above the ground. However, if said landscape areas are above the minimum required landscape provisions, death of a plant or plant material which may still result in the requirements of the minimum standards being met does not necessitate replacement, except as required to maintain the integrity of the landscaping design. A time extension may be granted by the city manager or designated administrative official if substantial evidence is presented to indicate abnormal circumstances beyond the control of the owner or his agent. Failure to maintain any landscape area in compliance with this section shall result in the disapproval and revocation of any issued certificate of occupancy associated with the occupancy of said area.

In single- and two-family dwelling districts the minimum number of trees as prescribed in paragraph 32.7 shall be installed prior to certificate of occupancy.

(Ordinance 00-837, sec. 1, adopted 8/8/00)

§ 33 Sign regulations.

33.1

Purpose:

The purpose of these regulations is to encourage and promote a signage element of the city that is consistent with the aesthetic standards established in other areas of the city's development. These regulations are intended to be a positive tool to accomplish this purpose for the benefit of the citizens, as well as the business community, and are not designed to discourage or inhibit aesthetically pleasing signage design, materials and placement. Signs use private land near the public rights-of-way to inform and persuade the general public by publishing a message. This section provides standards for the erection and maintenance of private signs. All private signs not exempt as provided below shall be erected and maintained in accordance with these standards. The general objectives of these standards are to promote health, safety, welfare, convenience, and enjoyment of the public, and in part, to achieve the following:

Safety:

To promote the safety of persons and property by providing those signs:

Do not create a hazard due to collapse, fire, collision, decay or abandonment.

Do not obstruct firefighting or police surveillance.

Do not create traffic hazards by confusing or distracting motorists, or by impairing the driver's ability to see pedestrians, obstacles, or other vehicles, or to read traffic signs.

Communications efficiency:

To promote the efficient transfer of information in sign messages by providing that:

Those signs, which provide messages and information most needed and sought by the public, are given priority.

Businesses and services may identify themselves.

Customers and other persons may locate a business or service.

No person or group is arbitrarily denied the use of the sight lines from the public rights-of-way.

Persons exposed to signs are not overwhelmed by the number of messages presented, and are able to exercise freedom of choice to observe or ignore said messages, according to the observer's purpose.

Landscape quality and preservation:

To protect the public welfare and to enhance the appearance and economic value of the cityscape, by providing those signs:

Do not interfere with scenic views.

Do not create a nuisance to persons using the public rights-of-way.

Do not create a nuisance to occupancy of adjacent and contiguous property by their brightness, size, height or movement.

Are not detrimental to land or property values.

33.2

Administration:

The provisions of this ordinance shall be administered and enforced by the building official or designated representative of the city. Provisions contained herein shall not conflict with other approved ordinances of the city except in the case where other ordinances' requirements, regulations, and standards are interpreted by staff to be more restrictive; in which case, the more restrictive requirements, regulations, and standards shall apply as determined by the city manager or his designee for recommendation to the planning and zoning commission and city council.

Any person, firm or corporation who shall violate any provision of this section, or who shall fail to comply with any provision hereof, within the corporate city limits of the City of Highland Village, or its extraterritorial jurisdiction, shall be guilty of a misdemeanor and upon conviction shall be fined as provided in Section 42 of Appendix A, Zoning [this ordinance, Exhibit A to Chapter 28], of the Code of Ordinances, and each day any violation or noncompliance continues shall constitute a separate and distinct offense.

Allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this section.

33.3

Permit procedures, fees, and other regulations:

Requirements.

No sign shall be erected, constructed, relocated, altered, repaired or maintained except as provided in this ordinance until a permit for such has been issued and the fee paid, except as otherwise provided in this ordinance. All sign construction shall conform to the adopted building code.

Applications for permits.

All applications for permits shall include a colored drawing to scale of the proposed sign (including size, colors and design) and all existing signs maintained on the premises and visible from the right-of-way, a drawing of the lot plan or building facade indicating the proposed location of the sign, and sign specifications. Applications shall be made to the building official on forms provided by the city. All signs must be included in an approved sign plan. If no sign plan exists, a sign plan shall be submitted for approval by the city council. Sign location must also be included with the site plan drawings.

Fee required.

Fees for a permit to erect, alter, replace or relocate a sign shall be based on the valuation of the sign per Table 1-A, 1994 Uniform Building Code.

Nonconforming signs.

It is the declared purpose of this section that in time all privately owned signs shall either conform to the provisions of this section or be removed. By the passage of this ordinance and its amendments, no presently illegal sign shall be deemed to have been legalized unless such sign complies with all current standards under the terms of this ordinance and all other ordinances of the city. Any sign which does not conform to all provisions of this ordinance shall be either a nonconforming sign if it legally existed as a conforming or nonconforming sign under prior ordinances, or an illegal sign if it did not exist as conforming or nonconforming sign, as the case may be. It is further the intent and declared purpose of this ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time this ordinance was adopted shall be discharged or affected by such passage, but prosecution and suits for such offenses, liabilities, penalties or forfeitures may be instituted, and causes presently pending may proceed.

Impoundment.

Any sign erected in or over a public right-of-way either prior to or after the adoption of this ordinance is prohibited and the city may, without notice, remove and impound any such sign.

Removal of certain nonconforming signs.

Nonconforming signs which have been blown down or otherwise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters, symbols, or other matter on the sign shall be removed or brought into compliance with this section if the cost of repairing the sign is more than 60 percent of the cost of erecting a new sign of the same type at the same location. No person may repair a nonconforming sign where the effect of such repair shall be to enlarge or increase the structure of the nonconforming sign.

Recovery and disposal of impounded signs.

Impounded signs may be recovered by the owner within ten days of the date of impoundment. Inquiries should be directed to the public works department. Signs that are not recovered within ten days of impoundment will be destroyed.

Investigation fee.

When a sign is erected, placed or maintained, or work started thereon before obtaining a sign permit, it shall be subject to an investigation fee as specified by separate ordinance. The investigation fee does not excuse full compliance with the provisions of this ordinance.

Electrical permit.

Prior to issuance of a sign permit for a sign in which electrical wiring and connections are to be used, an electrical permit must be obtained according to the existing fee schedule. The electrical inspector shall examine the plans and specifications submitted with the application to insure compliance with the electrical code of the city. No sign shall be erected in violation of the electrical code. However, the sign contractor may tie the sign to an existing power source or power provided by an electrician that has permitted the job.

Removal of obsolete signs.

All signs relating to a business, which has closed or moved away, shall be deemed obsolete and removed such that after removal the sign outline or message shall not be visual. The owner or agent of the property on which the sign is located shall be responsible for removal of the sign within 30 days of obsolescence.

Removal or repair of dilapidated or deteriorated signs.

The building official may determine if any sign exists in a dilapidated or deteriorated condition or is a nuisance to the public. He shall give written notice to the person(s) responsible for the sign. The sign shall be removed or repaired within ten days of such notice. The building official may cause any sign determined to be an immediate peril to persons or property to be removed immediately and without notice.

Maintenance of signs.

All signs shall be maintained in a good condition as determined by the building official. The owner or agent of the property on which the sign is located will receive written notice and shall be responsible for compliance with this requirement within ten days of such notice.

Obscene signs.

No person shall display any sign containing obscene or patently offensive matter as defined by the state penal code, or any matter soliciting or promoting unlawful conduct.

33.4

Special definitions:

See "Signs" in section 39 for definitions.

33.5

Provisions for all zoning districts:

Building code.

No sign shall be erected in violation of the building code of the city.

Changeable messages signs.

Signs with changeable messages are prohibited. Exceptions include churches, schools and other sites where, in the opinion of the city council, a changeable message sign is appropriate.

Construction and development signs.

One temporary on-site construction or development sign per development phase is allowed. Temporary construction signs are signs designed to identify contractors, financier, architects, engineer, and to advertise the coming of new business on the premises to which the sign pertains. Such signs shall not be erected prior to the issuance of the building permit of the project and/or final plat to which the sign pertains, and must be removed prior to the issuance of a certificate of occupancy. Such signs shall comply with the provisions of this chapter with the exception that no sign shall contain more than 32 square feet per side or exceed six feet in height. A permit is required for construction signs.

Temporary off-site construction or development signs shall be permitted for residential subdivisions and must be removed at the direction of the building official. Developers may have one temporary off-site development sign until 80 percent of the lots in the advertised subdivision are occupied. Off-site signs shall not exceed six feet in height or 32 square feet per side. This requirement also applies to nonresidential properties, such as lease space being 80 percent occupied. A permit is required.

Government signs.

Nothing in this ordinance shall be construed to prevent the display of a national flag or state flag, or to limit flags, insignia, legal notices, or informational, directional, or traffic signs which are legally required or necessary to the essential functions of government agencies (state, federal, and the city). Signs indicating a zoning change has been requested are permitted on subject property. Flags are permitted in all districts except that each flag shall not exceed 60 square feet in effective area or pole exceed 30 feet in height.

Community event signs.

Bona fide nonprofit organizations, including educational, civic, charitable, philanthropic or local government agencies, may erect temporary off-premises signs, which refer to an activity or function of the organization. The function or activity must occur within the city or adjacent city. Such signs shall not be erected for more than ten days. No more than 15 such signs shall be placed within the city, which refer to the activity or function. Signs shall not exceed six square feet in effective area. No sign will be allowed within any street median. No temporary community event sign shall be converted to a permanent sign. A permit containing information on the location of signs and dates to be erected and removed shall be required; however, no permit fee is required. Written permission from the property owner authorizing placement of signs on private property is required.

Holiday lights and decoration.

Temporary lights and holiday decorations shall be exempt from the provisions of this section.

Hazardous or nuisance signs.

No sign shall be illuminated to an intensity to cause glare or brightness to a degree that could constitute a hazard or nuisance. Moving, flashing, intermittently lighted, changing color, beacons, revolving or similarly constructed signs are not allowed. Under no circumstances shall a sign constitute a traffic hazard.

Luminance (or brightness).

No sign shall be illuminated to such intensity or in such a manner as to cause a glare or brightness to a degree that it constitutes a hazard or nuisance. Signs shall not exceed a brightness of 200 footcandles at the property line.

No lighted sign shall be erected within 150 feet of a residential building unless the lighting is shielded from view of the residential development.

Movement and directional control signs.

Movement control signs may be erected on any occupancy or any premises, other than a single-family or duplex premises, may be attached or detached, and may be erected provided that such signs shall comply with all other applicable requirements of this ordinance. The occupant of a premises who erects a movement control sign shall comply with the following requirements:

Each sign must be stationary and not exceed six square feet in effective area.

If a sign is an attached sign, the words must not exceed four inches in height.

Each sign must convey a message, which directs vehicular or pedestrian movement within or onto the premises on which the sign is located.

The signs must contain no advertising or logo.

Moving or flashing signs.

Strobe lights and rotating beacons are prohibited.

Political signs.

Political signs may be erected provided such signs comply with the following:

Signs are not allowed to be put up until the day following the filing deadline for political office and must be removed within 24 hours after the election polls close on election day.

Signs shall be allowed on residential property only when placed a minimum of ten feet from adjacent edge of curb or pavement and shall not exceed 36 square feet in size.

Signs shall not be placed within public rights-of-way, medians, in city parks, [or] on city-owned properties. On election day political signs may be located on city hall property any time after 12:01 a.m. the day of the election and in compliance with state laws pertaining to distance from the polling place.

Signs located on undeveloped residentially or undeveloped non-residentially zoned property shall not exceed 36 square feet per sign face and shall not exceed eight feet in height.

Signs located on undeveloped property require written permission from the property owner be on file with the city.

See subsection 7.C. [33.7.C] herein for other political sign requirements in residential areas.

Signs are not allowed on Corps of Engineer property or on railroad right-of-way property.

Portable signs.

Portable signs are not permitted in any zoning district.

Protective signs.

The occupant of a premises may erect not more than two protective signs, in accordance with the following provisions.

Each sign must not exceed one square foot in effective area.

Detached signs must not exceed two feet in height.

Letters must not exceed four inches in height.

Restricted language or wording.

Signs shall not display gestures or words, which are obscene, profane, or pornographic in nature as stated in Section 33.3 J. Obscene signs.

Searchlights.

Searchlights are limited to a 72-hour operation period. Consecutive permits are not allowed for continuous use and shall be limited to the initial opening of a business located in a nonresidential zoning district.

Sign on fence, wall, etc.

No person shall paint a sign or attach a sign, other than a nameplate and address (showing a street number), to the outside of a fence, railing or a wall which is not a structural part of a building in or facing a residential zoning district, whether or not on the property line, unless otherwise stated herein. The two exceptions are as follows:

Name of the company, which constructed the fence, is also permitted but not exceeding one square foot in size.

Political signs which comply with the provisions of section 33.5 K. Off-site advertising signs shall be allowed to be placed on the field side of the outfield (non-foul line) fences surrounding regulation, lighted baseball fields at Unity Park.

Each sign shall be uniform, four feet in height and eight feet in length and be constructed of 10-mil coroplast. The sign face shall display graphics on a white background and the sign back shall be dark green. Installation of the signs shall be according to the city specifications and shall be approved by the parks and recreation department prior to installation. The city may remove any sign not in compliance herewith at any time. All other forms of advertising such as signage placed on awnings, fences, scoreboards, dugouts or other structures associated with city-owned property or a city-owned park shall be allowed by conditional use permit only. The procedure for consideration shall be as outlined in section 12, Conditional use permits.

Sign on sidewalk, street, etc.

No person shall attach any sign, paper, or material, or paint, stencil, or write any name, number (except house or street address numbers) or otherwise mark on any sidewalk, curb, gutter, or street.

Sign on tree, pole, or structure.

No person shall attach or maintain any sign upon any tree or public utility pole or structure.

Signs over or in the right-of-way.

Signs over or in public rights-of-way are prohibited. No sign shall be erected in the right-of-way except movement control, traffic-control devices, street signs, or directional signs placed by the city or state or unless otherwise allowed by section 33.5 E.

Temporary Banners (General)

- A banner shall mean flexible material, such as vinyl, cloth or paper on which a sign is painted or printed. Banners such as, but not limited to, "now leasing", grand opening", "now hiring", or "now enrolling" are allowed. Maximum size shall be 50 sq. ft. and shall be allowed a maximum of 30 consecutive days up to three (3) times per calendar year and during the months of November and December a banner would be allowed for sixty (60) consecutive days. A banner must be attached to a building or be self-supported. Banners are prohibited from being attached to trees or utility poles. Only 1 (one) banner per business shall be allowed at any time unless the business has two facades, then one banner shall be allowed for each facade. A permit is required.

Temporary (Unity Park).

Temporary off-site advertising signs shall be allowed to be placed on the field side of the outfield (non-foul line) fences surrounding regulation, lighted baseball fields at Unity Park. Signs shall be four feet in height and eight feet in length, be constructed of 10-mil coroplast, and to the extent possible, evenly spaced within the approved area. The sign face shall display graphics on a white background and the sign back shall be dark green. The signs and the installation thereof shall be according to city specifications and shall be approved the park and recreation department prior to installation. Approval is purely discretionary and no organization or individual has a vested right to erect any signs on public athletic fields. The city may remove any sign not in compliance herewith at any time. Applications for temporary signs shall be submitted annually prior to April 1st. Approved signs shall be attached prior to April 1st and removed prior to November 1st. Any sign remaining after November 1st shall be subject to immediate removal. Scoreboards shall be allowed by conditional use permit only.

Vehicular signs.

Vehicular signs shall conform to the following restrictions:

It shall be unlawful to attach any sign advertising anything, other than the name or a company and the service it provides, to a trailer, skid, or similar mobile structure or vehicle, where the primary use of such structure is to provide a base for such sign or constitute the sign itself. This provision does not restrict the identification signs on vehicles used for any bona fide business activity.

Exempt signs:

Temporary construction trailers on construction sites and advertisement of any company. Emergency vehicle signs and political signs are exempt from this ordinance.

33.6

Nonresidential sign requirements:

Unless otherwise specifically provided in Ordinance No. 99-799 [Article VIII], the regulations set forth in this subsection shall be applicable to all nonresidential signs, which are allowed under this ordinance.

Detached signs (on-premises).

Detached signs are permitted in nonresidential zoning districts as provided in this section. Detached signs must be on-premises signs.

Number of signs.

Only one detached sign may be erected on any premises or lot, except that individual lots which have more than 600 feet of frontage along a public right-of-way, other than an alley, may have one additional detached sign per street frontage. Lots with frontage on any street intersecting F.M. 407, Highland Village Rd., I-35 frontage road, or Village Parkway (F.M. 2499) may erect one monument sign not to exceed four feet in height and 32 square feet in surface area.

Monument signs.

Only monument signs are permitted in all nonresidential and multifamily districts (see illustration 10). A monument sign, including base and surface area, is a freestanding sign having a low profile. The sign face must be encased in stone or brick complementary to the building. A monument sign may include the company or corporation name, logo, address and product or service of the establishment. No advertising or promotional information, with the exception of leasing information, is permitted thereon. Such sign may be single- or double-sided. Such signs and base shall not exceed four feet in overall height, measured from the natural grade, and the actual sign face shall not exceed 32 square feet per side.

Center identification monument signs.

Center identification signs are encouraged and shall be of similar materials and construction as buildings located within the center. Such signs shall not exceed six feet in height and sixty square feet in surface area. Height is measured from the natural grade. Names of individual tenants are not permitted on center identification monument signs. Leasing information is permitted. Signs, which exceed four feet in height, must have engineered plans at the time of sign permit.

Materials.

Signs shall be constructed primarily of brick or stone and shall be architecturally compatible and complementary with the development or building it is identifying. Signs constructed of baked-on metal, durable plastic, wood, or other materials shall be considered on an individual basis and permitted by site plan approval.

Pole signs are not permitted in any zoning district, except where otherwise specifically allowed in section(s) 33.5 B. and C. (see illustration 11A for example).

Wall signs (attached to or integrated into wall).

Signs on walls are permitted in business districts in accordance with the provisions of this ordinance, unless otherwise specified in Ordinance No. 99-799 [Article VIII].

All wall signs must be on-premises signs. All businesses are allowed one sign per tenant space per street frontage.

Maximum effective area.

Total effective area of attached signs shall not exceed the following:

A wall sign or signs shall not exceed or cover more than 15 percent of the facade area of a building face or area of the front of the leasable building space. But in each case, wall sign shall not exceed 300 square feet in effective area.

Projection from building surface.

All attached signs and their words shall be mounted parallel to the building surface to which they are attached, and shall project no more than 18 inches from the surface except as follows:

Any on-premises or any nonresidential occupancy may erect not more than one attached sign projecting up to a maximum of four feet from a vertical building surface, but not above the roof, provided that the premises or occupancy maintains no detached sign on the premises, and that the sign does not exceed 20 square feet in effective area and that no part of the sign descends closer to site grade than ten feet, nor projects into or over any public right-of-way (see illustration 12).

All attached signs (whether on towers or habitable structures) shall be limited to 26 feet in height on a one- or two-story structure (habitable structure), but in no event shall the sign exceed the top plate line, by greater than six feet on a one-story structure.

Signage shall be prohibited on awnings (roof-like shelters that provide protection from sun or rain) and canopies (an awning stretching from a door to a curb or a roof-like projection or covering).

Off-site signs (off-premises).

All off-site or off-premises signage is prohibited except as allowed in section 33.5(C), (P) and (U).

Window signs.

A window sign is a sign attached to or painted, etched, or formed into the internal and/or external surface of a window, door, suspended directly behind a window, or other translucent opening of a facade as depicted in illustration 11B. Window signs shall be permitted in nonresidential districts in accordance with the following:

Window signs shall be limited to a maximum of ten percent of the total window glass area per facade and have a maximum vertical dimension of 18 inches.

No blinking, flashing, or moving signs shall be allowed as window signs.

Interior signs.

An interior sign is a permanent sign located within the building and visible to the outside of the building through the windows. Interior signs shall be located a minimum of ten feet from the building store front containing said windows, with the exception of open or closed signs.

Inflatable signs.

Inflatable signs less than ten cubic feet are permitted for a period not to exceed seven days. One sign per year per business is allowed. Inflatable signs larger than ten cubic feet shall require a conditional use permit.

33.7

Residential zoning district sign requirements:

Application of division.

The provisions of this article apply to all signs in any residential district, and also to signs, which are within 25 feet of a residential district boundary.

Illuminated signs.

No illuminated signs are permitted except in the multifamily district and entryway signs into a subdivision, or as approved by the city council as part of the site plan approval process. Governmental entities and other nonresidential uses permitted in residential zoning districts may have one externally lighted sign not to exceed six feet in height or 32 square feet per side. Illuminated signs in the multifamily district and nonresidential uses allowed in residential districts shall be externally lit and conform to the criteria established in section 33.5(H) and shall be approved by city council as part of the site plan approval process.

Political and other special purpose on-premises signs.

An occupant in residential zoning districts may erect only political signs, incidental private signs, special purpose on-premises signs, which include movement control signs, protective signs, or on-premises signs.

Detached on-premises signs; multifamily only.

Multifamily developments may have detached on-premises monument signs subject to the following restrictions:

Number of signs.

Each premises may have no more than one detached premises sign provided, however, that lots with more than 750 feet of frontage along a public street, other than an alley, may have not more than one additional detached sign. Each premises may display not more than one detached special purpose sign.

Setback, effective area, and height.

No detached monument sign shall exceed 32 square feet per side or six feet in height (see illustration 10). The monument sign must set back at least three feet from the street right-of-way or property line.

Attached on-premises signs; multifamily only.

Attached signs are permitted for multifamily developments subject to the following restrictions:

All attached signs shall be for building identification only (address or building numbers).

All signs erected pursuant to this section shall be limited to two per building.

All signs and their words shall be mounted parallel to the building surface to which they are attached. No signs or words shall be over 18 inches in height. Signs shall not be mounted on roofs and shall not project above the roof.

Temporary signs (such as "for lease" banners) are permitted pursuant to section 33.5(T).

Detached premises signs; single-family or duplex lot.

A single-family or duplex residential premises may display one detached temporary sign (corner lots may have two signs) referring to the sale or lease of the premises, and may display detached political signs provided that the political signs conform to all the restrictions set forth in this section (also see section 33.8). Detached signs advertising home occupations are prohibited.

Attached signs; single-family or duplex structure.

A single-family or duplex residential structure may display one attached sign referring to the sale or lease of the premises. This sign must conform to all restrictions set forth in this section.

Garage Sale Sign

- A temporary sign intended to advertise garage, yard, or estate sales at an occupied residential property. A garage sale sign shall not be erected earlier than 8:00 AM on the Friday before the sale and must be removed by 6:00 PM on the Sunday following the sale held the same weekend. One (1) garage sale sign per street frontage of the property is allowed. Garage sale sign shall not be located closer than ten feet (10') to the edge of pavement of any public street. These signs shall be also allowed on residential property remote to the sale location with the consent of the property owner and shall not be placed on a vehicle, fence, pole, tree, median or railing. Additionally, garage sale signs shall not be placed in the ROW, on publicly owned land such as City Hall or parks, within the railroad ROW or on Corps of Engineer (C.O.E.) property. Garage sale signs shall not exceed six (6) square feet in area with a maximum height of four feet (4'). A permit is not required.

Incidental private signs.

Property owners may erect incidental, temporary private signs such as, but not limited to, lost pet, birth announcements, birthdays, graduation, school activity signs, contractor signs, and anniversaries. No permit or fee is required.

33.8

General exceptions and other requirements:

The following signs may be erected and maintained under these exceptions and conditions:

Personal residential property sale (special purpose sign).

Permission is granted as a special privilege for residential dwelling occupants for the erection of one nonilluminated personal real estate property sale sign in the required front yard of a dwelling on private property provided that only one of each type of such sign not exceeding six square feet may be erected. No permit shall be required.

Temporary off-premises real estate signs.

Temporary off-premises real estate signs are prohibited in any nonresidential zoning district per Ordinance No. 99-799 [Article VIII]. Temporary off-premises real estate signs are permitted in any residential district provided each sign does not exceed six square feet according to the following standards:

Signs are placed after 5:00 p.m. Friday and recovered or picked up by 8:00 a.m. Monday.

Signs are permitted only on private property by written permission of the property owner.

Signs do not constitute a traffic hazard or impair visibility.

Signs located in the right-of way are subject to impoundment by the City and a recovery fee of $25.00 charged for each sign.

Real estate signs (nonresidential or undeveloped property).

Permission is granted to property owners for the erection of a sign to advertise the sale, lease or rent of the property on which the sign is located. Real estate signs must be spaced at least 50 feet apart along a lot frontage and there may be no more than two such signs per tract or building. The total effective area of each sign shall not exceed 32 square feet per side and shall not exceed six feet in height. Signs shall be removed after 80 percent of the building permits of the platted lots have been issued in the subdivision advertised by the sign, or 80 percent of the building leased.

Obstruction to doors, windows, or fire escapes.

No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a standpipe, fire escape, or fire hydrant. No signs shall be placed in a manner which restricts visibility of a fire hydrant from a public right-of-way.

Signs not to constitute a traffic hazard.

No sign shall be erected or maintained in such a manner as to obstruct free and clear vision; or at any location where by reason of position, shape, color, degree, manner, or intensity of illumination it may interfere with vehicular or pedestrian traffic. Pursuant to the foregoing, no sign shall be erected or maintained in such a manner as to be likely to interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device. No sign shall make use of words, phrases, symbols, or characters, or employ any lamp or light in such a manner as to interfere with, mislead, or confuse traffic.

Aircraft traffic signs.

Air navigation facilities such as directional beacons are exempt.

Artwork.

Any painting, mural, sculpted figure, or other graphic, which depicts a product, service or a theme associated with the business or establishment and is on the exterior of a building or window glass, shall be considered a sign.

Signs not requiring permits.

No permit shall be required for the following signs although the standards of this ordinance shall be met:

Signs advertising the sale or lease of real property on which they are located.

A protective sign that has as its purpose the protection of life and property.

A sign or marker giving information about the location of underground electric transmission lines, telegraph or telephone properties and facilities, pipelines, public sewers, or water lines or other public utilities.

A sign erected by an agency of the state or the municipality.

Political signs.

On-site directional and movement signs provided such directional signs do not contain advertising and are not used as such.

One sign with names and/or street numbers so long as the area of such sign does not exceed one square foot for each dwelling unit.

Community event notice signs not over 16 square feet in area for public, charitable, religious or other nonprofit organizations, or institutions located on or off the premises of such institutions.

Memorial signs or tablets, names of buildings and date of erection, when cut into any masonry surface or when constructed of bronze or other noncombustible materials.

Flags, emblems, and insignia of any governmental body; decorative displays for holidays or public demonstrations which do not contain advertising.

American or state flags less than 60 square feet in size.

Signs advertising a garage sale.

Temporary off-site advertising signs placed on the field side of outfield (non-foul line) athletic fields at Unity Park.

Incidental private signs.

Variances and appeals.

The zoning board of adjustment may consider appeals from the building official and variances to the requirements of this ordinance.

(Ordinance 00-831, sec. 1, ex. A, adopted 6/27/00; Ordinance 04-944, sec. 1, ex. A, adopted 3/9/04; Ordinance 09-1078, secs. 2, 3, adopted 12/8/09; Ordinance 2011-1097, sec. 2, adopted 3/22/11; Ordinance 98-775, sec. 1, adopted 3/24/98; Ordinance 98-784, sec. 1, adopted 8/25/98; Ordinance 98-792, sec. 1, adopted 12/18/98)

§ 34 Accessory building and use regulations.

34.1

Accessory building regulations:

Accessory buildings shall be permitted on a lot only with an existing main building subject to the following:

Location:

The location of an accessory building on a lot shall be as follows:

Front Yard:

No accessory building shall be placed closer to the front property line than any part of the main building.

Side Yard:

Accessory buildings shall be located with respect to the side yard of the lot as follows:

All accessory buildings located ten feet (10.0') or more from the associated main building and all in-ground swimming pools shall be not less than five feet (5.0') from any side lot line.

All accessory buildings located less than ten feet (10.0') from the main building and all above-ground swimming pools shall comply with the minimum side yard requirements applicable to the associated main building.

Notwithstanding paragraphs a. and b., above, all swimming pools and accessory buildings located on a corner lot shall comply with the minimum side yard requirements applicable to the associated main building as set forth in Section 35.3.

Notwithstanding paragraphs a., b., or c. above, detached garages and carports designed for vehicle entry from the side yard shall be not less than twenty feet (20.0') from the side lot line.

Notwithstanding paragraphs c. and d., above, detached garages and carports designed for vehicle entry from a side yard adjacent to a public street shall be no closer to said side lot line than the minimum front yard requirement applicable to the associated main building.

Rear Yard:

No accessory building shall be less than five feet (5.0') from any rear lot line except as follows:

All accessory buildings located less than ten feet (10.0') from the main building and all above-ground swimming pools shall comply with the minimum rear yard requirements applicable to the associated main building.

On a lot developed with one or more apartment building(s), the main building(s) and all accessory buildings collectively shall not cover more than 60 percent of that portion of the lot lying on the rear lot line side of a line drawn from the mid-point of one side lot line to the mid-point of the opposite side lot line.

Easements:

In no case may an accessory building be located on, over, or within any easement, regardless of whether the easement was created by a dedication shown on a subdivision plat or granted by separate written document.

Development Standards:

Floor Area:

The surface area of a lot covered by an accessory building shall not exceed the greater of five percent (5.0%) of the area of the lot or five hundred (500) square feet; provided, however, in no case shall the coverage area of an accessory building plus the area of the main building and all other accessory buildings on a lot exceed the maximum coverage area set forth in Sections 15 through 28, inclusive.

Height:

The maximum height of an accessory building shall be as set forth in Sections 15 through 28, inclusive.

Exterior Walls:

The exterior walls of fully enclosed accessory buildings with a floor area of over 200 square feet shall comply with the masonry requirements set forth in Section 30.2.A.1.

34.2

Accessory Dwellings:

Accessory dwellings shall conform to the development regulations set forth in Section 34.1 as well as the following additional development regulations:

An accessory building may be used as an accessory dwelling only after:

approval of a conditional use permit pursuant to Section 12 for a lot located within a zoning district where such conditional use permits may be issued as set forth in Section 29.2; and

approval of all construction-related permits as required by Article 8.04 and Chapter 24 of the Code of Ordinances;

No person may reside in an approved accessory dwelling unless such person is:

Related within the third degree of consanguinity or second degree of affinity to the owner of the lot on which the accessory dwelling is located or the tenant named on the lease of the main building with which the accessory dwelling is associated;

The spouse, child, or parent of any of those identified in paragraph 1, above, if not otherwise within the scope of paragraph 1;

An employee of (i) the owner of the lot on which the accessory dwelling is located or (ii) the occupant of the main building with which the accessory dwelling is associated whose primary job duties are to provide personal services to the occupants of the main building or to provide care and/or maintenance of the main building and/or any other improvements located on the lot;

The spouse, child, or parent of the person described in paragraph 3, above; or

Guests of a person occupying the main building located on the lot and who is staying in the accessory dwelling without payment of compensation or other consideration to the owner or occupant of the main building on the lot.

Fee simple title of the accessory dwelling at all times shall be owned by the same person or entity that owns fee simple title of the main building;

An accessory dwelling shall at no time be leased or sublet unless the owner of the main building, lot, and accessory dwelling lease the lot and all improvements thereon to a single tenant pursuant to a single written lease agreement; and

An accessory dwelling may not be separately metered for water, gas or electricity, but may have a separate telephone, internet, and/or cable or satellite television service from the main building.

Notwithstanding Section 34.1.B.1., the total square footage of all floors of an accessory dwelling shall not exceed 50% of the total square footage of all floors of the main building.

No more than one (1) accessory dwelling may be located on a lot.

34.3

Accessory use regulations:

Accessory uses, customarily incidental to the above uses and located on the same lot therewith, but not involving the conduct of a retail business except as provided herein are permitted as follows:

The term accessory use shall include customary home occupations as herein defined.

One antenna (amateur or CB radio) and/or satellite dish antenna located in the rear yard, provided proper guy wires are used or as specified in section 36.4. Satellite dishes in excess of three feet in diameter shall be screened

Private open space or other private recreational amenities as part of a residential subdivision and not for commercial purposes.

Real estate sales offices during the development of residential subdivisions in which the office is located until 80 percent of the building permits of the platted lots in the subdivision are issued.

Temporary building for uses incidental to construction work on the premises, which said buildings shall be removed upon the completion or abandonment of construction work or by order of the building official.

(Ordinance 2011-1097, secs. 3, 4, adopted 3/22/11; Ordinance 2014-1172, sec. 2, adopted 9/23/14)

§ 35 Fencing, walls, and screening requirements.

35.1

Purpose:

To encourage the most appropriate use of land and conserve and protect the privacy and value of adjacent permitted uses. Regulations are prescribed for the location and type of various screening devices to be used when required in the various zoning districts or in this section in accordance with the following standards.

35.2

Screening of nonresidential and multifamily areas:

In the event that multifamily or nonresidential uses side or back upon an SF, 2F, or residential PD district, or in the event that any nonresidential district sides or backs to a MF district, a solid brick or masonry screening wall of not less than six feet nor more than eight feet in height shall be erected on the property line separating these districts. The purpose of the screening wall or fence is to provide a visual and protective barrier between the properties.

The owner of the multifamily property shall be responsible for and shall build the required wall on the property line dividing the property from the single-family or duplex residential district. This construction requirement applies only when multifamily is adjacent to residential uses. When screening is required between nonresidential and residential uses, it shall be the responsibility of the nonresidential use to construct and maintain the screening wall.

Any screening wall or fence required under the provisions of this section, under a conditional use permit, planned development district, or other requirement shall be constructed of masonry, reinforced concrete, or other similar suitable permanent materials which do not contain openings. All wall or fence openings shall be equipped with gates equal in height and screening characteristics to the wall or fence.

Alternative equivalent screening such as landscaping and berms may be approved through the site plan approval process, section 11.

If a proposed residential use is located adjacent to an existing nonresidential use, the city council may waive the screening requirement or require the proposed (new) use install the screening fence.

All required screening walls shall be equally finished on both sides of the wall.

Open storage of materials, commodities, or equipment (see section 29 zoning districts permitting outside storage) shall comply with the following requirements:

Located behind the front building line.

Observe all yard setback requirements.

Screened with a minimum six-foot fence or wall. See the definition section for definition of outside storage.

Standards shall not apply to outside display (see definition of outside display).

In all districts screening shall be required only for those areas used for open storage. A six-foot fence or wall shall be provided and maintained at the property line adjacent to the area to be screened.

Refuse storage areas not adjacent to an alley or rear service area which are visible from a public right-of-way for all nonresidential and multifamily uses shall be visually screened by a six-foot masonry wall on all sides except the side used for garbage pickup service, such side shall provide a gate (see illustration 16 for gate design).

Air conditioning units and similar mechanical equipment shall be screened from view of public streets.

35.3

Fences in residential areas:

Any fence or wall located to the rear of the minimum required front yard line shall not exceed eight feet in height above grade.

Except as provided in sections (C) and (G) below, no fence or wall shall be permitted in front of any single-family or duplex structure. No fence (except as allowed in (C) below) shall be erected in any front yard or side yard which is adjacent to a public street.

Split rail and other similar fencing with openings covering not more than 50 percent of the fence area are permitted in the front yard of residential lots. No chain-link or woven wire fences are permitted.

All fences require permits.

Fencing around swimming pools is required by separate ordinance.

No barbed wire or electrical fencing shall be allowed except as used for farm or ranching purposes on undeveloped land over one acre in size.

If the rear yard of a lot is adjacent to the rear yard of another adjacent lot, then the fence may be constructed to the side and rear property lines. If the rear yard is adjacent to the side or front yard of an adjacent lot, then the fence may be constructed only to the building line. (See illustration 17B.)

§ 36 Supplemental regulations.

36.1

Setback measurements:]

All setback measurements shall be made in accordance with illustrations 6, 7, and 8.

36.2

Front yard:

On all corner lots, the front yard setback shall be observed along the frontage of both intersecting streets, unless approved specifically otherwise on a final plat (see section 36.3(A)). Where single-family and duplex lots have double frontage, extending from one street to another, or are on a corner, a required front yard shall be provided on both streets unless a side or rear yard building line has been established along one frontage on the plat, in which event only one required front yard need be observed. The side and/or rear yards in the case of single-family and duplex uses shall be identified and the front of the structure shall not face the side or rear yard.

Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage (see illustration 3).

The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory building. Eaves and roof extensions or a porch without posts or column may project into the required front yard for a distance not to exceed four feet, and subsurface structures, platforms or slabs may not project into the front yard to a height greater than 30 inches above the average grade of the yard (see illustration 4).

Minimum front yard setbacks and lot widths for lots with predominant frontage on the curved radius of a dedicated cul-de-sac street shall be as follows:

Zoning District	Minimum Lot Width (feet)*	Minimum Front Yard (feet)
SP-40	120	40
SF-15	90	40
SF-12	80	40
SF-10	70	30
SF-8	60	30
Duplex (2F)	60	30
PD	As specified in the PD ordinance

*Measured at the front building line

Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding or landscaping three feet or higher above the street centerline obstructs the vision of a motor vehicle driver approaching any street, alley, or driveway intersection as follows:

At a street intersection, clear vision must be maintained for a minimum of 25 feet across any lot measured from the corner of the property line in both directions. (See illustration 17A.)

At an intersection with an alley, this clearance must be maintained for ten feet. (See illustration 17A.)

Shrubs and hedges three feet or less in height, as measured from the centerline of the street, may be located in the visual clearance areas of all districts.

Gasoline service station pump islands may not be located nearer than 18 feet to the property line adjacent to a public street. Pump islands for a gasoline filling station may extend beyond the front building line but shall not be closer than 15 feet to any property line not adjacent to a public street provided that other requirements of this ordinance are met.

Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.

Parabolic or satellite dishes are prohibited in the front yard area of any district. Only one satellite dish shall be permitted per residential lot or primary structure. Satellite dishes in any residential district shall not exceed 12 feet in diameter (also see [section]36.4(B)).

36.3

Side yards:

On a corner lot used for one- or two-family dwellings, both street exposures shall be treated as front yards on all platted lots except where one street exposure is designated as a side yard and separated from the adjacent lot by an alley. In such case, a building line shall be designated on an approved plat with a minimum side yard of 15 feet or more. Dwellings shall not face a designated side yard. Setbacks of adjacent properties shall be consistent (see illustration 17B). On lots which were official lots of record prior to the effective date of this ordinance, the minimum side yard adjacent to a side street shall comply with the minimum required side yard for the respective district.

Every part of a required side yard shall be open and unobstructed except for accessory buildings as permitted herein (see section 34, accessory building for exceptions) and the ordinary projections of window sills, belt courses, cornices, and other architectural features not to exceed 12 inches into the required side yard, and roof eaves projecting not to exceed 36 inches into the required side yard. Air conditioning compressors and similar equipment are permitted in the side yard.

36.4

Special height regulations:

In the districts where the height of buildings is restricted to two or 2-1/2 stories, cooling towers, and antennas may extend for an additional height not to exceed 50 feet above the average grade line of the building. Water stand pipes and tanks, church steeples, domes and spires, school buildings, and institutional buildings may be erected to exceed three stories in height, provided that one additional foot shall be added to the width and depth of front, side, and rear yards for each foot that such structures exceed three stories.

Amateur radio antennas and other transmitting and receiving devices of microwave or electromagnetic waves for broadcasting use, shall not interfere with radio or television reception of adjoining property owners, and shall comply with all regulations of the Federal Communications Commission (FCC). In no manner shall the use of such equipment infringe upon adjoining property owners. Satellite dishes and other similar antennas shall be permitted on the roof as long as satellite dishes do not exceed three feet in diameter and antennas do not exceed 50 feet in height as measured from the ground. Any parabolic or satellite dish antenna over three feet in diameter but not exceeding 12 feet in diameter may be mounted on the roof if a letter stating its structural stability is written by a registered architect or engineer and submitted to the building official.

36.5

Standard applicable to particular uses:

Radio, television and microwave towers:

No radio, television or microwave tower for a commercial use shall be located within a distance equal to or less than the height of such tower from any residential structure or from any area zoned residential, or shown as residential on the current comprehensive plan. Such distance shall be measured as the shortest possible distance in a straight line from the closest point of the tower to the closest point of such area or residence.

Minimum dwelling unit area:

Minimum dwelling unit areas specified in this ordinance shall be computed exclusive of breezeways, garages, open porches, carports, and accessory buildings.

Alcoholic beverages (sales and consumption).

Alcoholic beverage sales, storage, possession or consumption shall be permitted according to the following criteria:

All requirements as set forth in chapter 10 [chapter 6, article 6.02], alcoholic beverages of the Code of Ordinances shall be in accordance with V.T.C.A., Texas Alcoholic Beverage Code.

All distance requirements related to alcoholic beverage sales, storage, possession or consumption shall be in accordance with V.T.C.A., Texas Alcoholic Beverage Code.

Alcoholic beverage permits for special events shall be in accordance with chapter 62, parks and recreation, article V, special events [chapter 14, article 14.04, division 7] of the Code of Ordinances.

All building sides or wall openings greater than eight feet in width that face F.M. 407 or Highland Village Road shall have a minimum setback of 100 feet.

All uses requiring equipment necessary to repair vehicles such as hydraulic lifts and other typical equipment shall only be permitted if fully enclosed.

Uses such as self-service mini-warehouses shall have a minimum front setback of 100 feet.

Indoor Kennels.

The development and use of property for an Indoor Kennel use shall comply with the following development standards:

At no time shall any animals kept on the property be permitted outdoors.

The building shall be sufficiently soundproofed so that sounds of animals kept in the building are not heard beyond the exterior walls of the building and, if the use is within a multi-unit building, beyond the interior common walls within the building.

The floors within the areas of the building accessible to animals kept on the property shall be constructed of a non-absorbing material so that animal waste cannot come in contact with and be absorbed by the building's concrete slab.

The building or portion of the building, as applicable, used for Indoor Kennel purposes must be equipped with a fire and smoke detection system which is monitored on a 24 hour per day, 7 day per week basis.

The building or portion of the building, as applicable, used for Indoor Kennel purposes must be equipped with a separate ventilation system with such filters as may be necessary to prevent the interior odor of animals housed on the premises from reaching the exterior of the building and, if the use is within a multi-unit building, beyond the interior common walls of the building.

The disposal of animal waste generated on the property in such a manner that allows the odor of the waste to be detectable from the exterior of the building where the use is conducted or attracts flies, other insects, or rodents is prohibited.

The provision of veterinary services, training services, and grooming within the premises of an Indoor Kennel to customers of the operator of the Indoor Kennel only as an incidental use is permitted.

Except for an Indoor Kennel which has a contract with the City to provide boarding of animals which are captured and placed in the possession of the Indoor Kennel operator pursuant to the City's animal control services, the keeping of animals in an Indoor Kennel for the purpose of selling the animals, regardless of whether or not the sale occurs at the location of the Indoor Kennel, is prohibited.

This subsection G shall be (i) applicable to the development and use of an Indoor Kennel regardless of whether or not such use is permitted or permitted following approval of a conditional use permit and (ii) deemed a part of any ordinance granting a conditional use permit for an Indoor Kennel without the need for setting forth these conditions in full in such ordinance.

(Ordinance 03-908, sec. 1, adopted 3/25/03; Ordinance 08-1059, sec, 2, ex. A, adopted 11/11/08; Ordinance 2015-1187, sec. 2, adopted 10/27/15)

§ 37 Performance standards.

37.1

In all zoning districts, any use indicated in the permitted use list shall conform in operation, location, and construction to the performance standards as administered by county, state, or federal agencies. All uses, including those which may be allowed by PD or conditional use permit, shall conform in operation, location, and construction to appropriate performance standards for noise, smoke, and particulate matter, odorous matter, fire, or explosive hazard material, toxic and noxious matter, vibration, and glare.

37.2

All federal and state pollution, noise, and requirements for toxic waste disposal shall be observed.

37.3

Noise:

At no point at the bounding property line of any use shall the sound pressure level of any operation or plant exceed the decibel limits specified in the octave band groups designated in the following table:

Maximum permissible daytime* octave band:

DECIBEL LIMITS AT THE BOUNDING PROPERTY LINE**

Octave Band (cps)	37 75	75 150	150 300	300 600	600 1200	1200 2400	2400 4800	4800 9600	A Scale
Decibel Band Limit (db re 0.0002 Microbar)	86	76	70	65	63	58	55	53	65

Note: A scale levels are provided for monitoring purposes only and are not applicable to detail sound analysis.

*Daytime shall refer to the hours between sunrise and sunset on any given day.

**Bounding property line shall be interpreted as being at the near side of any street, alley, stream, or other permanently dedicated open space from the noise source when such open space exists between the property line of the noise source and adjacent property. When no such open space exists, the common line between two parcels of property shall be interpreted as the bounding property line.

The following corrections shall be made to the table of octave band-decibel limits in determining compliance with the noise level standards.

When noise is present at nighttime, subtract (-7 db.)

When noise contains strong pure-tone components or is impulsive, that is when meter changes at 10 decibels or more per second, subtract (-7 db.)

When noise is present for not more than the following, add (+10 db):

One-half minute in any one-half-hour period.

One minute in any one-hour period.

Ten minutes in any two-hour period.

Twenty minutes in any four-hour period.

Measurement of noise shall be made with a sound level meter on octave band analyzer meeting the standards prescribed by the American Standards Association.

Exemptions:

The following uses and activities shall be exempt from the noise level regulations herein specified.

Noises not directly under control of the property user.

Noises emanating from construction and normal maintenance activities as stated in chapter 38, article II, division 2 [chapter 12, article 12.05, division 2], of the Code of Ordinances.

Noises of safety signals, warning devices and emergency pressure relief valves.

Transient noise of moving sources such as automobiles, trucks, and airplanes.

37.4

Smoke and particulate matter:

No operation or use shall cause, create, or allow the emission for more than three minutes in any one hour of air contaminants which at the emission point or within the bounds of the property are:

As dark or darker in shade as that designated as no. 2 on the Ringlemann Chart as published by the United States Bureau of Mines Information Circular 7118.

Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke or contaminants in the standard prescribed in section 37.4(A) except that, when the presence of uncombined water is the only reason for failure to comply or when such contaminants are emitted inside a building which prevents their escape into the atmosphere, the standards specified in section 37.4(A) and (B) shall not apply.

The emission of particulate matter from all sources shall not exceed 0.5 pounds per acre of property within the plant site per any one hour.

Open storage and open processing operations, including on-site transportation movements which are the source of wind- or air-borne dust or other particulate matter; or which involves dust or other particulate air contaminants, generating equipment such as used in paint spraying, grain handling, sand or gravel processing or storage or sand blasting shall be so conducted that dust and other particulate matter so generated are not transported across the boundary line of the tract on which the use is located in concentrations exceeding four grains per 1,000 cubic feet of air.

37.5

Odorous matter:

No use shall be located or operated which involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line or any point beyond the tract on which such use or operation is located.

The odor threshold as herein set forth shall be determined by observation by a person or persons. In any case, where uncertainty may arise or where the operator or owner of an odor-emitting use may disagree with the enforcing officer or where specific measurement of odor concentration is required, the method and procedures specified by American Society for Testing Materials A.S.T.M.D. 1391-57 entitled "Standard Method for Measurement of Odor in Atmospheres" shall be used and a copy of A.S.T.M.D. 1391-57 is hereby incorporated by reference.

37.6

Fire or explosive hazard material:

No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted except that chlorates, nitrates, perchlorates, phosphorus, and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the fire marshal of the City of Highland Village.

The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents, and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of the City of Highland Village fire code or are approved by the fire marshal.

37.7

Toxic and noxious matter:

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

37.8

Vibration:

No operation or use shall at any time create earth-borne vibrations which when measured at the bounding property line of the source operation exceed the limits of displacement set forth in the following table in the frequency ranges specified:

Frequency Cycles Per Second	Displacement in Inches
0 to 10	0.0010
11 to 20	0.0008
21 to 30	0.0005
31 to 40	0.0004
41 and over	0.0003

37.9

Mineral extraction (oil and gas) or drilling:

Purpose:

The exploration, development and production of oil or gas in the city is an activity which necessitates reasonable regulation to ensure that all property owners, mineral and otherwise, have the right to peaceably enjoy their property and its benefits and revenues. It is hereby declared to be the purpose of this section to establish reasonable and uniform limitations, safeguards and regulations for present and future operations related to the exploring, drilling, developing, producing, transporting and storing of oil or gas and other substances produced in association with oil or gas within the city to protect the health, safety and general welfare of the public, minimize the potential impact to property and mineral rights owners, protect the quality of the environment and encourage the orderly production of available mineral resources.

Special definitions:

All technical industry words or phrases related to the drilling and production of oil and gas wells not specifically defined shall have the meanings customarily attributable thereto by prudent operators in the oil and gas industry. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Abandonment:

The plugging of the well and restoration of the drill site as required by the Texas Railroad Commission.

Ambient noise level:

The all-encompassing noise level associated with a given environment, being a composite of sounds from all sources at the location, constituting the normal or existing level of environmental noise at a given location.

Applicant:

A person to whom a permit or certificate for the drilling, operation and production of a well, or the installation or operation of a pipeline, is issued under this ordinance, including, but not limited to, his or her heirs, legal representatives, successors or assigns.

Blowout preventer:

A mechanical, hydraulic, pneumatic or other device or combination of such devices secured to the top of a well casing, including valves, fittings and control mechanisms connected therewith, which can be closed around the drill pipe, or other tubular goods which completely close the top of the casing and are designed for preventing blowouts.

Cathodic protection:

An electrochemical corrosion control technique accomplished by applying a direct current to the structure that causes the structure potential to change from the corrosion potential to a protective potential in the immunity region. The required cathodic protection current is supplied by sacrificial anode materials or by an impressed current system.

City:

The City of Highland Village, Texas.

Closed loop mud system:

A system utilized while drilling so that reserve pits are not used and instead steel bins are used to collect all drilling waste.

Comprehensive zoning ordinance:

Zoning Ordinance No. 95-699, as amended.

Drill site:

The area used for drilling, completing, or reworking a well.

Drilling:

Any digging or boring of a new well to develop or produce oil or gas or to inject gas, water, or any other fluid or substance into the earth. Drilling means and includes the re-entry of an abandoned well. Drilling does not mean or include the re-entry of a well that has not been abandoned.

Environmentally sensitive areas:

Floodplain, protected and specimen trees, riparian areas, streams and crossings, Waters of the U.S. and any other areas identified as environmentally sensitive by federal, state or local law.

Exploration:

Geologic or geophysical activities, including, but not limited to surveying and seismic exploration, related to the search for oil, gas, or other subsurface hydrocarbons.

Fencing:

All wellheads, storage tanks, separation facilities or other mechanical equipment shall be screened with a six-foot-high solid screen fence, good side facing from the gas or oil well.

Fire code:

The fire code adopted by the City of Highland Village, as amended.

Frac or fracing:

The process of fracture stimulation of a rock formation.

Gas:

Gas or natural gas, as such terms is used in the rules, regulations, or forms of the railroad commission.

Gas well:

Any well drilled for the production of gas or classified as a gas well under the Texas Natural Resources Code or the railroad commission.

Gas well permit:

A gas well permit applied for and issued or denied under this Ordinance authorizing the drilling, production, and operation of one or more gas wells.

Gathering station:

The site where the gathering lines for all the wells converge.

Hazardous materials management plan:

The hazardous materials management plan and hazardous materials inventory statements required by the fire code.

New well:

A new well bore or new hole established at the ground surface and shall not include the reworking of an existing well that has not been abandoned. Additional horizontal or directional wells from the same well bore or hole shall be considered a new well.

Oil:

Oil, as such terms are used in the rules, regulations, or forms of the railroad commission.

Oil well:

Any well drilled for the production of oil or classified as an oil well under the Texas Natural Resources Code or the railroad commission.

Operation site:

The area used for development and production and all related operational activities of oil and gas after drilling activities are complete.

Operator:

The person listed on the railroad commission Form W-1 or Form P-4 for an oil or gas well, including without limitation, a unit operator. Operator includes the mineral lessee. In the event that there is no mineral lease, the operator shall include the owner of the fee mineral estate in the premises.

Petroleum specialist:

A qualified oil and gas consultant familiar with and educated in the oil and gas industry who has been retained by the city.

Pipeline easement map:

A map indicating all gathering line easements. The easements must be located separately from the utility easements.

Railroad commission:

The Railroad Commission of Texas.

Redrill or reworking:

Recompletion, redrilling or reentry of an existing well within the existing borehole or by deepening or by sidetrack operations.

Well:

A hole or bore to any horizon, formation, or strata for the purpose of producing oil, gas, or other liquid hydrocarbons.

Gas well drilling and extraction by conditional use permit:

The drilling and extraction of gas within the corporate limits of the city shall be permitted by conditional use permit and shall not begin until the following have been approved:

The policy of the city is to consider gas well drilling and extraction as regulated by this section in accordance with the city's comprehensive plan for the orderly, planned, efficient and economical development of the city.

An application for a conditional use permit shall be accompanied by a site plan that has been submitted in accordance with Section 11 of this zoning ordinance and this section and has been approved by the city council and is on file with the city that confirms to the requirements of this section and the Highland Village Code of Ordinances[.]

No application for a gas well permit or any other application for drilling and extraction of gas shall be approved until a conditional use permit has been approved in accordance with Section 12 of this zoning ordinance and this section. Denial of a conditional use permit for the drilling and extraction of gas shall be grounds for denial of any other permit applications pertaining to the drilling and extraction of gas.

An approved gas well permit as required by the fire code.

All applicable federal and state law requirements have been met in addition to the standards and requirements as set forth in this section and the Code of Ordinances.

The provisions of subsection D. shall be considered as the standards for drilling and extraction of gas for review and approval of conditional use permits. The applicant may propose alternative standards on a case-by-case basis and other conditions may be recommended by the planning and zoning commission or imposed by the city council as reasonably necessary to protect the health, safety and general welfare of the public, minimize the potential impact to adjacent property, protect the quality of the environment and encourage the orderly drilling and extraction of gas. The city may hire a petroleum specialist to review the application and make a recommendation on the alternative standards proposed by the applicant.

Gas well drilling and extraction standards:

The drilling and extraction of gas shall be permitted within the city, provided that all terms, conditions, and requirements of federal, state and local law are met. Gas well drilling and extraction standards may be varied on a case-by-case basis as allowed by the conditional use permit.

Distance requirements:

The measurement of the distances set forth in this section shall be calculated from the proposed well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the object listed below.

No well, tank battery or equipment shall be located within 1,000 feet of a residential structure unless written documentation from the owner of the surface agrees to a location between 600 feet and 1,000 feet of the residence.

No well shall be located within 1,000 feet, of a place of public assembly.

No well shall be located within 500 feet, of any existing storage tank or source of potential ignition.

No well shall be located within 500 feet, of any outer boundary line of the tract or lease.

No well shall be located within 500 feet, of any fresh water well.

No well shall be located within 750 feet, of the 100-year floodplain.

On-site requirements:

Entrance gate:

A secured entrance gate shall be required and signs identifying the entrance to the drill site or operations site shall be reflective.

Fencing:

All drilling features including storage pits shall be fenced to prevent access. When not supervised, all fences shall remain locked. Fencing, screening and landscaping shall be required as followed:

A secured entrance gate and a sign shall be required. The sign identifying the entrance to the drill site or operation site shall be reflective.

Opaque fences shall be required to surround drill sites during initial drilling operations and shall be locked when no operations personnel are present.

After initial drilling operations are complete, a solid masonry wall shall surround operation sites and shall be a minimum of eight feet in height and not higher than the enclosed equipment and shall remain locked at all times when no one is present. For security purposes, all permanent fencing structures shall have a wrought-iron gate to allow visibility into the well site.

Landscaping/tree mitigation and irrigation plans:

Landscaping/tree mitigation and irrigation plans shall be required along all street frontages at the well site with suitable screening shrubs that complement the architectural character of the surrounding neighborhood as required by Section 32.4 of this zoning ordinance. The landscaping shall be maintained as required by section 32.10 of this zoning ordinance.

Discharge or illegal dumping:

No person shall place, deposit, or discharge any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, or any refuse including wastewater or brine, from any oil or gas operations or the contents of any container used in connection with any oil or gas operations in, into, or upon any public right-of-way, storm drain, ditch or sewer, sanitary drain, any body of water, or any private property within the corporate limits or extraterritorial jurisdiction of the City of Highland Village.

Fire suppression:

All fire suppression and prevention equipment required by an operator shall comply with applicable federal, state, or local law and the maintenance of such equipment shall be the responsibility of the operator.

Pit lining:

Pit liners shall be designed, constructed, and installed to prevent any migration of materials from the pit into adjacent subsurface soils, groundwater, or surface waters at any time during the life of the pit. All lined pits shall adhere to the liner standards set forth by the railroad commission.

Closed-loop drilling systems:

Closed-loop drilling fluid systems shall be used instead of lined reserve pits.

Signs:

A sign shall be immediately and prominently displayed at the gate on the temporary and permanent fencing of the well site. Such sign shall be durable material, maintained in good condition and, unless otherwise required by the railroad commission, shall have a surface area of not less than two square feet nor more than four square feet and shall be lettered with the following:

Well name and number;

ii.

Name of operator;

iii.

The emergency 911 number; and

iv.

Telephone numbers of two persons responsible for the well who may be contacted 24 hours a day in case of an emergency.

Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" shall be posted immediately upon completion of the well site fencing at the entrance of each well site and tank battery or in any other location approved or designated by the Fire Chief of the City of Highland Village. Sign lettering shall be four inches in height and shall be red on white background or white on a red background. Each sign shall include the emergency notification numbers of the fire services department and the operator, well and lease designations required by the railroad commission.

Electric Lines:

All electric lines to production facilities shall be located underground.

Rights-of-way use agreement:

No operator shall excavate or construct any lines for the conveyance of fuel, water, gas or petroleum liquids on, under, or through the streets or alleys or other land of the city without an easement or rights-of-way agreement from the city, at a price to be agreed upon, and then only in strict compliance with all applicable law.

Temporary street use license:

The digging up, breaking, excavating, tunneling, undermining, breaking up, or damaging of any public street or leaving upon any public street any earth or other material or obstruction, is prohibited unless the operator has first obtained written permission from the city, and then only in compliance with all applicable law.

Temporary street closure permit:

No gas well permit shall be issued for any well to be drilled within any of the streets or alleys of the city or streets shown by the City of Highland Village Master Thoroughfare Plan, and no street shall be blocked or encumbered or closed due to any exploration, drilling, or production activities unless a temporary street closure permit is obtained from the city manager.

Operations and equipment practices and standards:

Fracing operations:

In parallel to gas gathering pipeline, a flow-back line shall be installed to handle water and gas flow-back following well fracture treatment.

Nuisance prevention:

Adequate nuisance prevention measures shall be taken to prevent or control offensive odor, fumes, dust, noise and vibration. For vehicular safety reasons, the operator shall immediately notify the city of any substantial accumulations of dirt, dust, mud or other debris deposited on city thoroughfares by vehicles involved in the well drilling or servicing or pipeline installation process. If for safety reasons, the city elects to perform the removal, the operator shall pay the cost of such removal.

Directional lighting:

No person shall permit any lights located on any drill or operation site to be directed in such a manner so that they shine directly on public roads, adjacent property or property in the general vicinity of the operation site. To the extent practicable and taking into account safety considerations, site lighting shall be directed downward and internally so as to avoid glare on public roads and adjacent dwellings and buildings as required by section 38-2 [38.2] of this zoning ordinance. The location, height and style of any lights shall be identified on the site plan.

Field rules:

The operator shall at all times comply with the rules and regulations of the railroad commission including but not limited to all applicable field rules.

Noise:

Internal combustion engines may be used in drilling and producing operations if they have mufflers that will reduce noise to not more than 70 decibels at any point 300 feet from the boundary of the drill site or operation site. The noise level during fracing operations shall reduce the noise to not more than 80 decibels at any point 300 feet from the boundary of the drill site or operation site. If noise levels at a distance of 300 feet exceed required decibel levels, a sound reduction enclosure shall be required around a drilling rig and any internal combustion engines. Only electric motors shall be used for the purpose of pumping oil wells. Electric motors shall be used for compressors located at gas well sites. Any on-site compressor or pipeline compressor used to lift gas shall comply with noise levels for fracing. The operator may propose a noise reduction plan using ambient noise levels.

Vehicle routes:

Vehicles, equipment, and machinery shall not be placed or located on a drill site or operation site or on any public street, alley, driveway, or other public right-of-way in such a way as to constitute a fire hazard or to unreasonably obstruct or interfere with fighting or controlling fires. Vehicles associated with drilling and/or production in excess of three tons shall be restricted to streets designated as arterials or collectors as delineated in the city's master thoroughfare plan or as allowed by the truck route of the approved site plan.

Work hours:

Site development and truck delivery other than for drilling, shall be conducted only between 7:00 a.m. and 7:00 p.m. Monday through Friday and 9:00 a.m. through 5:00 p.m. on Saturday.

Prohibitions:

Air, gas, or pneumatic drilling shall not be permitted.

Removal of the drilling rig and equipment:

The drilling rig and associated drilling equipment shall be removed from the well site within 30 days of the completion of the well or drilling activities.

Separators and dehydrators:

No refining process, or any process for the extraction of products from gas, shall be carried on at a drill site or operation site, except that a dehydrator and separator may be maintained on a drill site or operation site for the separation of liquids from gas. Any such dehydrator or separator may serve more than one well.

Storage tanks and separators:

An operator shall identify such storage tanks and separation equipment as shown on the application for the site plan. All tanks and permanent structures shall be permitted and conform to the Fire Code and American Petroleum Institute specifications

The use of centralized tank batteries shall be permitted as shown on the applicable site plan.

No meters, storage tanks, separation facilities, or other above-ground facilities except flow lines shall be placed in the 100-year floodplain.

No tank batteries may be installed higher than eight feet above ground level.

All production equipment on an operation site shall be painted and maintained at all times, including but not limited to pumping units, storage tanks, buildings, and structures.

Flow lines and gathering lines:

Each operator shall place an identifying sign at each point where a flow line or gathering line crosses a public street or road.

If a gas field in the city is identified as a H2S gas field the operator shall be required to cease operations.

All flow lines and gathering lines within the corporate limits of the city (excluding city utility lines and franchise distribution systems) that are used to transport oil, gas, and/or water shall be limited to the maximum allowable operating pressure applicable to the pipes installed. Flow lines and gathering lines shall be buried and installed at the required depth and with at least the minimum cover or backfill specified by the American National Safety Institute Code, as amended.

Easements must be acquired for all flow lines, gathering lines and flow-back lines. The location of easements shall be shown on the site plan.

Structures shall not be built over flow lines or gas gathering pipelines.

The location of all pipelines must be marked with warning signs in accordance with federal and state law. In addition, during backfill of pipeline excavations, "Buried Pipeline" warning tape shall be buried one foot above the pipeline to warn future excavators of the presence of buried pipeline.

Safety and environmental regulations:

The drilling and production of gas and accessing the gas well site shall be in compliance with all applicable federal, state or local environmental regulations and shall not occur within environmentally sensitive areas.

Gas wells may have a target location or bottom-hole location that is under an environmentally sensitive area when the gas well is drilled directionally from a location outside the environmentally sensitive area.

Blowout prevention equipment shall be used on all gas wells being drilled, reworked, or in which tubing is being changed. Each producing well shall be equipped with an automated valve that closes the well in the event of an abnormal change in operating pressure. All wellheads shall contain an emergency shut-off valve to the well distribution line. Protection shall be provided to prevent blowout during gas operations as required by and in conformance with the requirements of the railroad commission and the requirements of the American Petroleum Institute. The operator will be responsible for the installation and maintenance of an alarm system, which will emit an "audible warning alarm" plus the transmission of a communique to the City of Highland Village Dispatch Center for emergency response purposes. The operator will also be responsible for complying with the conditions of the city's alarm ordinance.

Drilling fluids:

Low toxicity glycols, synthetic hydrocarbons, polymers, and esters shall be substituted for conventional oil-based drilling fluids. No drilling storage pits shall be located in the city.

Drill stem testing.

All open hold [hole] formation or drill stem testing shall be done during daylight hours. Drill stem tests shall may be conducted only if the well effluent during the test is produced through an adequate gas separator to storage tanks and the effluent remaining in the drill pipe at the time the toll [tool] is closed is flushed to the surface by circulating drilling fluid down the annulus and up the drill pipe.

Each storage tank shall be equipped with a level control device that will automatically activate a valve to close the well in the event of excess liquid accumulation in the tank.

Storage tank facilities shall be equipped with a secondary containment system including lining with an impervious material. The secondary containment system shall be of a sufficient height to contain 1-1/2 times the contents of the largest tank in accordance with the fire code, and the impervious liner shall be covered with at least one foot of sand. Drip pots shall be provided at pump-out connections to contain the liquids from the storage tank.

Tank battery facilities shall be equipped with a remote foam line utilizing a 2.5- inch National Standard Hose Thread female inlet connection in locations approved by the fire department. A lightning arrestor system shall be installed according to the most current edition of the National Electrical Code.

An approved hazardous materials management plan and emergency response plan shall be on file with the fire department. The costs of cleanup operations due to hazards associated with a well site shall be the responsibility of the operator.

All wells shall be abandoned in accordance with the rules of the railroad commission; however, all well casings shall be cut and removed to a depth of at least ten feet below the surface.

No structures shall be built over an abandoned well.

No salt-water disposal wells shall be located within the City of Highland Village.

Light sand frac technology shall be used in fracing a well or other technology to frac a well, unless another technology is approved by the fire marshal upon recommendation by a petroleum specialist.

Supplemental drilling:

Supplemental drilling to deepen or directional drill an existing well shall be conducted in accordance with the conditions for the applicable conditional use permit. The operator shall provide the city with a copy of additional railroad commission permits that allow drilling to a deeper depth.

Supplemental drilling to deepen or directional drill an existing well shall be conducted in accordance with the approved gas well permit for the well on file with the city.

Seismic, reworking or fracing notice:

Any person who intends to rework a well using a drilling rig, to fracture stimulate a well after initial completion, or to conduct seismic exploration shall give written notice to the city at least ten days before the activities begin.

The notice shall identify where the activities will be conducted and shall describe the activities in reasonable detail, including but not limited to the duration of the activities and the time of day they will be conducted.

The notice must also provide the address and 24-hour phone number of the person conducting the activities.

The person conducting the activities will post a sign on the property giving the public notice of the activities, including the name, address, and 24-hour phone number of the person conducting the activities.

Abandonment of wells and pipelines:

Abandonment of wells:

Upon abandonment of a well or well site, within 60 days, the well shall be plugged in accordance with the Texas Railroad Commission standards, the site shall be cleaned and cleared of all equipment, holes or excavations filled, and the land graded and returned to its original condition including replanting of vegetation to match the surrounding area.

Abandonment of pipelines:

Upon abandonment of a pipeline, within 60 days of abandonment, a pipeline must be purged and plugged in accordance with the rules and regulations of the railroad commission and removed as required by the city.

Compliance with the site plan:

Any person who proposes the drilling and extraction of gas on a tract of land located within the corporate limits of the City of Highland Village shall prepare and submit a site plan that meets the requirements outlined in Section 11 of this zoning ordinance, [and] the following requirements shall apply:

The site plan shall be drawn at a scale of 100 feet to the inch (1" = 100') with contour intervals of two feet with reference to mean sea level datum. The following information is to be included in the site plan:

The tract designation and other legal descriptions according to the real estate records of the city, county, or central appraisal district for each tract of land contained within and adjacent to the site plan.

Name and contact information of owner and surveyor responsible for the surveying design.

North point.

Primary control points or descriptions, and ties to such control points to which all dimensions, angles, bearings, block numbers, and similar data shall be referred.

Scale and date.

Boundary lines of the entire area covered by the site plan, indicated by heavy lines, and the computed acreage of the parcel shall be noted.

Contours shall be at an interval of two feet elevations. Any proposed changes in topography shall be illustrated on the site plan.

Physical features of the property, including location of all planned and existing watercourses, culverts, bridges, railroads, structures, sewers, water mains, gas, electric, telephone lines, fire hydrants, and such other structures or improvements, whether above or below ground, within 200 feet of the tract with pipe sizes and grades. The widths and names of all existing or platted streets or other public rights-of-way or easements within or adjacent to the tract, shall be located together with any existing permanent buildings, railroads, and other important features, such as abstract lines, political subdivisions or corporation boundaries, and school district boundaries.

The limits of any floodplain and floodway as they are currently shown on FEMA maps or as amended within the property and proposed alterations which may impact water flow.

Location of city limits, the city's ETJ and zoning district boundaries, if they traverse the plat, or forms any part of the boundary of the plat, or is contiguous to the boundary of the site plan.

Name and contact information for surface rights owners and mineral rights owners.

The names and lot patterns of subdivisions and/or the names and contact information of record owners of unsubdivided land within 500 feet of the perimeter of the site plan.

(Reserved)

Identification of all truck routes and access points.

The design, location, and arrangement of all driveways and parking spaces, which must provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments.

Erosion control is required and shall comply with all applicable federal, state and local requirements. The operator shall file a copy of the stormwater pollution plan if required by the EPA. Identify and indicate the proposed method of erosion control on a drainage and erosion control plan that is prepared by a professional engineer licensed to operate in the State of Texas. The drainage and erosion control plan must be approved by the city engineer and must conform with the following:

All floodplain, creek and stream crossings shall be designed to a 25-year storm frequency;

The erosion control plan must provide references to all applicable federal, state and local standards and must indicate how these requirements are to be satisfied; and

Verification that all floodplain, creek, and stream crossings shall not have negative affects on other property.

Identify the proposed sources of water for all drilling and other well-related operations (including but not limited to all water sources for fracing operations) and any other public utilities required.

Identify the location of proposed lease lines and well locations as follows:

Label distance between wells and property lines;

Label distance between wells and structures within 1,000 feet of wells;

Label distance between temporary holding ponds and floodplains; and

With the exception of vehicular access.

Provide typical well site schematics showing layout during drilling and upon completion of drilling.

Show location of all proposed underground pipelines. As-built drawings of pipeline locations shall be filed with the fire marshal prior to the issuance of a gas gathering permit as required by the fire code.

10.

Identify pipelines connected with a gas distribution system.

11.

Identify the location of any fresh water wells.

12.

Identify the location of all structures, tanks and all areas where equipment is to be stored.

13.

Required screening, landscaping, irrigation, and lighting plans.

14.

A copy of all existing protective covenants regulating the use of any portion of the land within the subject lease.

15.

Site plans shall be prepared by a professional engineer licensed to practice in the State of Texas and shall bear the engineer's seal.

16.

A tree plan shall be required. Tree mitigation shall be required for protected or specimen trees identified on the tree plan, which are removed from the gas well site as required by section 32.4 of this zoning ordinance.

17.

Gas well drilling and extraction shall comply with the approved site plan.

Gas well permit required:

A person wanting to engage in and operate in the drilling and extraction of gas shall apply for and obtain a gas well permit as required by this section. It shall be unlawful for any person, acting for himself or acting as an agent, employee, independent contractor, or servant for any person, shall not engage in the drilling and extraction of gas within the corporate limits of the city without first obtaining a gas well permit.

When a gas well permit has been issued covering a well, the permit shall constitute authority for drilling, operation, production, gathering of production, maintenance, repair, reworking, testing, site preparation consisting of rigs or tank batteries, plugging and abandonment, and any other activity authorized by this section associated with drilling and extraction by the operator and their respective employees, agents, and contractors. A permit for a seismic survey is not required to prior to drilling the initial well.

Permits as required by the fire code for the construction and use of all facilities reasonably necessary or convenient in connection with a gas well shall be obtained from the fire marshal, including gathering lines, discharge lines and storage tanks by the operator and its respective employees, agents, contractors and subcontractors.

A gas well permit shall not constitute authority for the re-entering and drilling of an abandoned well. An operator shall obtain a new gas well permit and conditional use permit, if applicable, as required by this section to re-enter and drill an abandoned well.

The city has no obligation to extend water or sewer service to any lot, tract or parcel or land site planned for gas drilling and extraction in violation of this section.

The provisions of this section shall be considered as the standard for review and approval of gas well permits and other conditions may be required as recommended by a petroleum specialist as authorized by the fire code.

Any person who intends to rework a permitted well using a drilling rig, to fracture stimulate a permitted well after initial completion or to conduct seismic surveys or other exploration activities shall give written notice to the gas inspector no less than ten days before the activities begin. The notice must identify where the activities will be conducted and must describe the activities in detail, including whether explosive charges will be used, the duration of the activities and the time the activities will be conducted. The notice must also provide the address and 24-hour phone number of the person conducting the activities. If requested by the gas inspector, the person conducting the activities will post a sign on the property giving the public notice of the activities, including the name, address and 24-hour phone number of the person conducting the activities. If the gas inspector determines that an inspection by the gas inspector is necessary, the operator will pay the city for the inspection.

A gas well permit shall automatically terminate unless extended, if drilling of the well bore has not commenced within 180 days from the date of the issuance of the gas well permit. The fire marshal may extend a gas well permit for an additional 180 days upon application by the operator and proof that the classification of the requested gas well permit for such location has not changed.

Contents of gas well permit:

Each gas permit shall contain the following information:

Identify the name of each well and its operator;

Specify the date on which the city issued each permit;

Specify the date by which drilling must commence on at least one well covered by the permit, otherwise the permit expires (such date shall not be less than 180 days after the date of issuance).

Specify that if drilling is commenced on at least one well covered by the permit before the permit expires, the permit shall continue until the well covered by the permit is abandoned and the site restored;

Incorporate, by reference, the insurance and security requirements set forth in this section;

Incorporate, by reference, the requirement for periodic reports and for providing notice of reworking an existing well, as forth in this section;

Incorporate, by reference, the conditions of the applicable site plan and applicable conditional use permit;

Incorporate, by reference, the information contained in the permit application;

Incorporate, by reference, the applicable rules and regulations of the railroad commission, including the applicable "field rules";

Specify that no drilling operations (including the construction of internal private access roads) shall commence until the operator has complied with this section;

Contain the name, address, and phone number of the person designated to receive notices from the city, which person must be a resident of Texas, that can be served in person or by registered or certified mail; and

Incorporate by reference all permits and fees required by the city.

If the city denies an application for a gas well permit, nothing herein contained shall prevent a new permit application from being submitted to the City for the same well location.

Road repair agreement or road remediation fee:

A road repair agreement or road remediation fee agreement shall be submitted with the gas well permit for approval by the city manager.

A road repair agreement must obligate the operator to repair damage to public streets, including but not limited to bridges, caused by the operator (or by the operator's employees, agents, contractors or representatives) in the performance of any activity authorized by or contemplated by the approved gas well permit.

A gas well operator may enter into a road remediation fee agreement in lieu of a road repair agreement as calculated by the gas well inspector.

The city manager shall have the authority to execute the road repair agreement or road remediation fee agreement.

Insurance and indemnification:

The operator shall provide or cause to be provided the insurance described below for each well for which a gas well permit is issued, such insurance to continue until the well is abandoned and the site restored. The operator shall provide documentation from the operator's insurance company certifying that the insurance provided complies with the requirements of this section. Upon request, certified copies of all insurance policies shall be furnished to the city.

General requirements:

Indemnification and express negligence provisions:

Each gas well permit issued by the city shall include the following language: Operator does hereby expressly release and discharge all claims, demands, actions, judgments, and executions which it ever had, or now has or may have, or assigns may have, or claim to have, against the City of Highland Village and/or its departments, its agents, officers, servants, successors, assigns, sponsors, volunteers, or employees, created by, or arising out of personal injuries, known or unknown, and injuries to property, real or personal, or in any way incidental to or in connection with the performance of the work performed by the operator under a gas well permit and the operator caused by or arising out of, that sequence of events which occur from the operator under the gas well permit and work performed by the operator [and the operator] shall fully defend, protect, indemnify, and hold harmless the City of Highland Village, Texas, and/or its departments, agents, officers, servants, employees, successors, assigns, sponsors, or volunteers from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, fees, and expenses incurred in defense of the City of Highland Village, Texas, and/or its departments, agents, officers, servants, or employees, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by operator, its agents, assigns, or any third parties on account of, arising out of, or in any way incidental to or in connection with the performance of the work performed by the operator under a gas well permit, and the operator agrees to indemnify and hold harmless the City of Highland Village, Texas, and/or its departments, and/or its officers, agents, servants, employees, successors, assigns, sponsors, or volunteers from any liabilities or damages suffered as a result of claims, demands, costs, or judgments against the city and/or, its departments, its officers, agents, servants, or employees, created by, or arising out of the acts or omissions of the City of Highland Village, occurring on the drill site or operation site in the course and scope of inspecting and permitting the gas wells INCLUDING, BUT NOT LIMITED TO, CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE SOLE NEGLIGENCE OF THE CITY OF HIGHLAND VILLAGE OCCURRING ON THE DRILL SITE OR OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE OIL AND GAS WELLS. IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS [SECTION] IS AN INDEMNITY EXTENDED BY THE OPERATOR TO INDEMNIFY AND PROTECT THE CITY OF HIGHLAND VILLAGE, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE CITY OF HIGHLAND VILLAGE, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE OR CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH, AND/OR DAMAGE. LIABILITY FOR THE SOLE NEGLIGENCE OF THE CITY IN THE COURSE AND SCOPE OF ITS DUTY TO INSPECT AND PERMIT THE GAS WELL IS LIMITED TO THE MAXIMUM AMOUNT OF RECOVERY UNDER THE TORT CLAIMS ACT.

All policies shall be endorsed to read "This policy will not be cancelled or non-renewed without 30 days' advanced written notice to the owner and the city" and ten days' notice for nonpayment of premiums.

Liability policies shall be written by carriers licensed to do business in Texas and with companies with A:VIII or better rating in accordance with the current Best Key Rating Guide, or with non-admitted carriers that have a financial rating comparable to carriers licensed to do business in Texas, and approved by the city.

Liability policies shall name as "additional insured" the city and its officials, agents, employees, and volunteers. Waivers of subrogation shall be provided in favor of the city.

Certificates of insurance must be presented to the city evidencing all coverages and endorsements required by this ordinance, and the acceptance of a certificate without the required limits and/or coverages shall not be deemed a waiver of these requirements.

Claims made policies will not be accepted except for excess policies or environmental policies. If coverage is written on a "claims made" basis, the operator must maintain continuous coverage or purchase extended period coverage insurance for four years following expiration or suspension of the gas well permit.

Required insurance coverage:

Commercial general liability insurance:

Coverage should be a minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage with a deductible of no greater than $25,000.00 per occurrence. This coverage must include premises, operations, blowout or explosion, products, completed operations, blanket contractual liability, underground property damage, broad form property damage, independent contractors protective liability and personal injury.

Environmental impairment (or seepage and pollution) shall be either included in the coverage or written as separate coverage. Such coverage shall not exclude damage to the lease site. Coverage shall apply to sudden and non-sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste material or other irritants, contaminants or pollutants. Coverage shall be a minimum combined single limit of $10,000,000.00, per occurrence with a deductible of no greater than $1,000,000.00 per occurrence.

Automobile liability insurance:

Minimum combined single limit of $1,000,000.00 per occurrence for bodily injury and property damage. Such coverage shall include owned, non-owned, and hired vehicles with a deductible of no greater than $25,000.00 per occurrence.

Worker's compensation insurance:

In addition to the minimum statutory requirements, coverage shall include employer's liability limits of at least $100,000.00 for each accident, $100,000.00 for each employee, and a $500,000.00 policy limit for occupational disease, and the insurer agrees to waive rights of subrogation against the city, its officials, agents, employees, and volunteers for any work performed for the city by the operator.

Excess (or umbrella) liability insurance:

Minimum limit of $10,000,000 covering in excess of the preceding insurance policies.

Control of well insurance:

Minimum limit of $5,000,000 per occurrence with a deductible of no greater than $25,000.00 per occurrence.

Policy shall cover the cost of controlling a well that is out of control, redrilling or restoration expenses, seepage and pollution damage. Damage to property in the operator's care, custody, and control with a sub-limit of $500,000.00 may be added.

Security:

A security instrument that covers each well must be delivered to the city before the issuance of the gas well permit for the well. The instrument must provide that it cannot be cancelled without at least 30 days' prior written notice to the city. The instrument shall secure the obligations of the operator related to the well to:

Repair damage, excluding ordinary wear and tear, if any, to public streets, including but not limited to bridges, caused by the operator or by the operator's employees, agents, contractors, subcontractors or representatives in the performance of any activity authorized by or contemplated by the gas well permit;

Comply with the insurance and security provisions set forth in this ordinance.

Pay fines and penalties imposed upon the operator by the city for any breach of the gas well permit.

The security instrument may be in the form of a payment bond issued by a bank in the City of Highland Village or surety approved by the city. The instrument shall run to the city for the benefit of the city, shall become effective on or before the date the gas well permit is issued, and shall remain in effect until the well is abandoned and the site restored.

A certificate of deposit may be substituted for the payment bond. The certificate shall be issued by a bank in the City of Highland Village, Texas, shall be approved by the city, shall be payable to the order of the city to secure the obligations of the operator described above, and shall be pledged to the bank with evidence of delivery provided to the city. Interest on the certificate shall accrue to the operator.

The security instrument may be provided for individual wells or on a "blanket" basis for multiple wells. The amount of the security shall be a minimum of $50,000.00 for any single well and a minimum of $250,000.00 for multiple wells on a "blanket" basis.

Review of gas well permit applications:

All applications gas well permits shall be filed and forwarded to the gas well inspector and fire marshal for review.

Incomplete applications shall be returned to the applicant, in which case the city may provide a written explanation of the deficiencies if requested by the applicant.

All applications for a gas well permit shall be accompanied by the applicable fee. The city may return any application as incomplete if there is a dispute pending before the railroad commission regarding the determination of the operator.

The gas well inspector and fire marshal shall review each completed application and shall determine whether the application includes all of the information required by this section, whether the application is in conformance with the applicable gas well development site plan, the applicable conditional use permit, the road repair agreement or road remediation fee agreement and whether the application is in conformance with the insurance and security requirements set forth in this section.

The city shall not approve an application that does not meet the requirements set forth in this section.

Periodic reports and annual inspection:

The operator shall notify the city of any changes to the following information immediately, within one business day after the change occurs.

The name, address, and phone number of the operator;

The name, address, and 24-hour phone number of the person(s) with supervisory authority over drilling or operations activities;

The name, address, and phone number of the person designated to receive notices from the city, which person must be a resident of Texas that can be served in person or by registered or certified mail; and

The operator's emergency action response plan including "drive-to maps" from public rights-of-way to each gas well site.

The operator shall provide a copy of any "incident reports" or written complaints submitted to the railroad commission or any other state or federal agency within ten days after the operator has notice of the existence of such reports or complaints.

Beginning on December 31 after each well is completed, and continuing on each December 31 thereafter until the operator notifies the city that the well has been abandoned and the site restored, the operator shall prepare a written report to the city identifying any changes to the information that was included in the application for the applicable gas well permit that has not been previously reported to the city. The gas inspector shall inspect the drill site annually. The operator shall pay the annual inspection fee.

Amended gas well permits:

An operator must submit an application to the city to amend an existing gas well permit, to commence drilling from a new drill site that is not shown on (or incorporated by reference as part of) the existing permit, to relocate a drill site or operation site that is shown on (or incorporated by reference as part of) the existing permit, or to otherwise amend the existing permit. The applicant shall submit an application to amend the existing site plan to identify additional wells or if there is a material change in the location of the drill site.

All applications for amended gas well permits and amended site plans shall be filed with the city manager or his designee. Incomplete applications may be returned to the applicant, in which case the city shall provide a written explanation of the deficiencies if requested by the applicant. The city may return any application as incomplete if there is a dispute pending before the railroad commission regarding the determination of the operator. Applications for amended gas well permits or amended site plans shall be in writing, shall be signed by the operator, and shall include the following:

The application fee;

A description of the proposed amendments;

Any changes to the information submitted with the application for the existing gas well permit (if such information has not previously been provided to the city);

Such additional information as is required by the fire marshal, gas inspector, petroleum specialist or city staff to demonstrate compliance with the applicable site plan and applicable conditional use permit; and

Such additional information as is required to prevent imminent destruction of property or injury to persons.

If the activities proposed by the amendment are materially different from the activities covered by the existing gas well permit, the site plan or and applicable conditional use permit, the amendment must be processed as a new gas well permit application and amendment to the conditional use permit may be required.

A decision to deny an amendment to a gas well permit shall be provided to the operator in writing after the decision is made, including an explanation of the basis for the decision. The operator may appeal any such denial to the zoning board of adjustment within ten days of the date the decision is made.

Transfer of Gas Well Permit:

A gas well permit may be transferred by the operator with the consent of the city if the transfer is in writing signed by both parties, and the transferee agrees to be bound by the terms and conditions of the transferred permit, if all information previously provided to the city as part of the application for the transferred permit is updated to reflect any changes and if the transferee provides the insurance and security required and road repair agreement or road remediation fee agreement. The insurance and security provided by the transferor shall be released if a copy of the written transfer is provided to the city. The transfer shall not relieve the transferor from any liability to the city arising out of any activities conducted prior to the transfer.

Remedies of the city:

If an operator (or its officers, employees, agents, contractors, subcontractors or representatives) fails to comply with any requirement of a gas well permit (including any requirement incorporated by reference as part of the permit), the city shall give written notice to the operator specifying the nature of the alleged failure and giving the operator a reasonable time to cure, taking into consideration the nature and extent of the alleged failure, the extent of the efforts required to cure, and the potential impact on the health, safety, and welfare of the community. In no event, however, shall the cure period be less than seven days unless the alleged failure presents a risk of imminent destruction of property or injury to persons or unless the alleged failure involves the operator's failure to provide periodic reports.

The city may notify the railroad commission and request that the railroad commission take appropriate action (with a copy of such notice provided to the operator), and the city may pursue any other remedy available under applicable law.

If the operator does not cure the alleged failure within the time specified by the city, the fire marshal may:

Suspend the gas well permit until the alleged failure is cured; or

Revoke the gas well permit if the operator fails to initiate and diligently pursue a cure.

The operator may appeal a decision to suspend or revoke the gas well permit, to the zoning board of adjustment within ten days of the date of the decision.

Enforcement, right of entry:

The city is authorized and directed to enforce this section and the provisions of any gas well permit. Whenever necessary to enforce any provision of this section or the requirements of a gas well permit, or whenever there is reasonable cause to believe there has been a violation of this section or the requirements of a gas well permit, city staff may enter upon any property covered by this section or a gas well permit at any reasonable time to inspect or perform any duty imposed by this section. If entry is refused, the city shall have recourse to every remedy provided by law and equity to gain entry.

Appeals:

The zoning board of adjustment shall have and exercise the power to hear and determine appeals where it is alleged there is error or abuse of discretion regarding the issuance of a gas well permit or the revocation or suspension of any gas well permit issued hereunder as provided by this section. Any person or entity whose application is denied by the fire marshal or gas inspector or whose gas well permit is suspended or revoked or whose well or equipment is deemed by the fire marshal or gas inspector to be abandoned may file an appeal as allowed by state law.

Appeal fees shall be required for every appeal in the amount of $500.00.

Penalty:

It shall be unlawful and an offense for any person to do the following:

Engage in any activity not permitted by the terms of a conditional use permit, site plan or gas well permit issued under this section;

Fail to comply with any conditions set forth in a conditional use permit, site plan or gas well permit issued under this section; or

Violate any provision or requirement set forth under this section.

Any violation of this ordinance shall be punished by a fine of not more than $2,000.00 per day, subject to applicable state law. Each day a violation occurs constitutes a separate violation.

(Ordinance 06-1015, sec. 3, adopted 12/12/06)

§ 38 Lighting and glare standards.

38.1

Purpose:

Standards for controlling lighting and glare are set forth to reduce the annoyance and inconvenience to property owners and traffic hazards to motorists. These standards are intended to allow reasonable enjoyment of adjacent and nearby property by their owners and occupants while requiring safe, adequate levels of lighting of parking areas.

38.2

Nonresidential site lighting and glare standards:

Any use shall be operated so as not to produce obnoxious and intense glare or direct illumination across the bounding property line from a visible source of illumination of such intensity as to create a nuisance or detract from the use or enjoyment of adjacent property. All outside lights shall be made up of a light source and reflector so selected that acting together, the light beam is controlled and not directed across any bounding property line above a height of three feet. The allowable maximum intensity measured at the property line of a residential use in a residential district shall be 0.25 footcandles. Light poles shall be placed on the site a setback equal to its height from all adjacent residential property.

All off-street parking areas for nonresidential uses in nonresidential districts, which are used after dark shall be illuminated beginning one-half hour after sunset and continuing throughout the hours of business operation. If only a portion of a parking area is offered for use after dark, only that part is required to be illuminated in accordance with these standards. However, the portion offered for use shall be clearly designated. Lighting within the parking areas shall meet the following minimum requirements:

Intensity.

Parking area lighting shall not exceed a measurement of 15–20 footcandles at any point in the parking area.

Illumination shall not exceed an average of three footcandles at ground level and shall distribute not more than 0.25 footcandles of light upon any adjacent residentially zoned area.

Height.

On tracts or lots over three acres in size, the maximum height for poles with lights is 30 feet.

On tracts or lots less than three acres, the maximum height of poles with lights is 20 feet.

Special lighting or lighting higher than 30 feet may be approved as specifically noted on a site plan.

38.3

Residential lighting and glare standards:

Residential lighting for security and night recreation use is permitted in all residential districts provided the following requirements are met:

Direct lighting over ten feet in height is shielded from adjacent property. Shielding may be internal to the fixture or external so long as the source of the light is shielded in an effective manner.

No light source shall exceed 30 feet in height. Streetlights and other traffic safety lighting are exempt from this standard.

Lighting shall not directly shine on adjacent dwellings.

38.4

Luminaries:

Light sources shall be of a down-light type, indirect, diffused, or shielded type luminaries installed and maintained so as to reduce glare effect and consequent interference with use of adjacent properties and boundary streets. Bare bulbs above 75 watts and strings of lamps are prohibited except for temporary lighting as provided in 38.5.

38.5

Special or temporary lighting: low wattage:

Bare bulbs or strings of lamps are prohibited, except during holidays special lighting shall be permitted for a maximum time period of 45 days for each holiday used. Christmas tree sales are considered a temporary holiday use for the purpose of this section.

(Ordinance 06-993, sec. 2, adopted 3/28/06)