a. Intent.
The intent of this ordinance is to provide quality nonresidential
development in accordance with the concepts of the comprehensive plan
to develop a distinct image, in a unified design format, that identifies
the City of Highland Village. In mirroring the residential quality
of the city, the overlay zoning district will promote and insure the
Highland Village "look and feel" from a design perspective.
b. Purpose.
The purpose of the nonresidential overlay zoning district is
to provide for consistent design standards that will insure quality
nonresidential development throughout the City of Highland Village.
The regulations set forth herein are designed to establish a visual
and commercial image of Highland Village throughout the properties
zoned or used as nonresidential.
(Ordinance 99-799, sec. 1, adopted 4/27/99)
The nonresidential overlay zoning district shall include all
properties zoned for nonresidential uses as of the effective date
of Ordinance No. 99-799, all properties zoned for residential properties
but which contain nonconforming, nonresidential uses as of the effective
date of Ordinance No. 99-799, and all property depicted on the overlay
map attached hereto [attached to Ordinance No. 02-878] as exhibit
A. For purposes of uniformity, it is the intent of this ordinance
that the governing body of the city apply the provisions of the overlay
district to all properties which are rezoned after the effective date
of this ordinance from residential to nonresidential zoning districts.
Any property zoned residential and currently containing a nonconforming,
nonresidential use may convert such use to a residential use without
application of the regulations and standards contained herein.
(Ordinance 02-878, sec. 1, adopted 4/23/02; Ordinance 99-799, sec. 2, adopted 4/27/99)
The regulations and standards set forth in the nonresidential
overlay zoning district shall be superimposed over the base zoning
districts and shall be cumulative of the base district's requirements.
However, the regulations and standards of the nonresidential overlay
zoning district shall supersede any base zoning district regulations,
requirements, and standards which are in conflict therewith except
in the case where the base district regulations, requirements, and
standards are interpreted by staff to be more restrictive; in which
case, the more restrictive base district regulations shall apply as
determined by the city manager or his designee for recommendation
to the planning and zoning commission and city council.
(Ordinance 00-822, sec. 1, adopted 1/25/00; Ordinance 99-799, sec. 3, adopted 4/27/99)
a. Site plan.
In addition to any required site plan under section
11 of Ordinance No. 95-699, any application for zoning located within the nonresidential overlay zoning district shall be accompanied by a conceptual site plan. The site plan shall comply with requirements of section
11 of Ordinance No. 95-699, as amended, entitled "site plan review." All site plans shall have received approval by city council, after a recommendation by the planning and zoning commission in accordance with section
11 of Ordinance No. 95-699, prior to development. All existing structures and improvements governed by a site plan approved prior to the effective date shall comply with the regulations under this ordinance as subsequent individual development requests are processed. In addition, the site plan application shall contain a detailed landscape plan, tree mitigation plan, and professional drawings which identify and illustrate the components of the architectural standards required hereinafter, including but not limited to colored building elevations, specifying surface materials and color, and colored signage.
b. General development
requests.
The scope of the request shall determine which
regulations shall apply. General development requests shall be reviewed
for approval by the director of public works, or his designee. A request
for approval of a building or site modification shall require conformity
with the correlative regulation(s) of this ordinance. For example,
a request or application for a modification to a parking lot shall
require conformity to all ingress/egress regulations, parking lot
lighting regulations, parking lot landscaping, and other related regulations.
Additionally, a sign permit request shall require conformity to the
sign regulations of this ordinance; including design, materials, size,
and location. The director of public works, or his designee, may require
the submittal of a detailed landscape plan, tree mitigation plan,
and professional drawings which identify and illustrate the components
of the architectural standards required hereinafter, including but
not limited to building elevations, specifying surface materials and
color, and signage.
c. Variances
to specific regulations/standards.
At the time of review of any site plan, general development request, or conceptual site plan required under section
65 or prior to the commencement of any phase of construction of F.M. 407, whether a development application is pending or not. If such proposed construction affects the common streetscape elements required by section 72.a. the city council may grant variances to specific development regulations, including specific common streetscape elements requirements as defined in section
71 of this ordinance.
(1) To receive
a variance, the applicant shall demonstrate and the city council shall
find at least one of the following:
(a) A
variance will reduce the impact of the project on surrounding residential
or nonresidential properties;
(b) A
variance is necessary to assure compatibility with surrounding developed
properties.
(2) The city
council may, after receiving a recommendation from the planning and
zoning commission, grant a variance by an affirmative vote of a majority
of the city council members. In order to grant a variance, the city
council shall determine that a literal enforcement of the regulations
will create an unnecessary hardship or a practical difficulty for
the applicant; that the situation causing the unnecessary hardship
or practical difficulty is unique to the affected property and is
not self-imposed; that the variance will not injure and will be wholly
compatible with the use and permitted development of adjacent properties;
and that the granting of the variance will be in harmony with the
spirit and purpose of this ordinance.
(3) If a
variance application is denied by the city council, no other variance
of like kind relating to the same project or proposed project shall
be considered or acted upon by the city council for a period of six
months subsequent to the denial.
(4) Any variance
granted hereunder shall be specific to a regulation or standard.
d. General development
regulations and standards.
The regulations and standards
contained in this ordinance shall apply to all nonresidential development,
initiated after the effective date hereof, located within the nonresidential
overlay zoning district.
e. As to any conflicts with section
11 of Ordinance No. 95-699 and this ordinance, this ordinance shall supersede.
f. Prior to any
required development approval, and after proper application and the
payment of any fee, the applicant shall submit plans, drawings, or
materials sufficient to allow the staff to evaluate the application's
conformity to the applicable regulation.
(Ordinance 02-878, sec. 1, adopted 4/23/02; Ordinance 99-799, sec. 4, adopted 4/27/99)
Approval of a conceptual site plan shall be in accordance with
section 64.a. In addition, a conceptual site plan shall comply with
the elements set forth in section 28.5.C., "Submittal requirements
for concept plan" of Highland Village Zoning Ordinance No. 95-699
in addition to requirements set forth hereinafter:
d. Distance to
residential uses;
e. Conceptual
design elevations;
f. Development
construction schedule;
g. Visibility/site
easements;
i. Open space
areas, including public spaces, public amenities and area focal points;
j. Elements used
to buffer nonresidential and residential development;
(Ordinance 02-878, sec. 1, adopted 4/23/02; Ordinance 99-799, sec. 5, adopted 4/27/99)
All uses within the nonresidential overlay zoning district shall
ensure compatibility with and preservation of the character and integrity
of adjacent and surrounding residential development. As required by
the particular circumstances of each individual development, improvements
or modifications either on-site, within common areas, or within rights-of-way
may be necessary to mitigate nonresidential development- related adverse
impacts on adjacent and surrounding residential development. The following
standards shall apply to all nonresidential development located within
the nonresidential overlay zoning district, unless otherwise provided.
Compliance with the requirements of this section shall be a condition
of site plan and general development request approval.
a. Site design
standards:
(1) Height.
The maximum height of structures on property located within
the nonresidential overlay zoning district is 40 feet, and structures
shall not exceed two stories or as specified in the base zoning district.
Architectural features, such as clock towers, which are non-habitable
structures and are architecturally consistent with the design and
construction of the building may exceed 40 feet in height and shall
be approved with the site plan.
(2) Minimum
front yard.
The minimum front yard shall be 30 feet,
with no front yard parking allowed, or 60 feet, if front yard parking
is allowed. Covered parking is prohibited.
(3) Minimum
rear yard.
The minimum rear yard shall be 25 feet. No
interior rear yard shall be required when adjacent to other nonresidential
uses, provided:
(a) Appropriate
building codes, including building separation standards, are met;
and
(b) Required
fire lanes and circulation are approved by the fire chief, or his
designee.
(4) Minimum
side yard.
The minimum side yard shall be 30 feet when
adjacent to any public street.
(5) Minimum
interior side yard.
No interior side yard shall be required
when adjacent to other nonresidential uses, provided:
(a) Appropriate
building codes, including building separation standards, are met;
and
(b) Required
fire lanes and circulation are approved by the fire chief, or his
designee.
(6) Graduated
setback.
The graduated setback requirement for nonresidential
uses adjacent to residential uses or residential zoning districts:
Structures used for retail and/or office purposes that are 4,000 square
feet or greater shall have a minimum yard setback requirement of 25
feet for any yard(s) adjacent to a residential use or residential
zoning district. The yard setback for any yard(s) adjacent to a residential
use or residential zoning district must be increased by an additional
five feet for every 1,000 square feet of floor area above 4,000 square
feet. The maximum yard setback requirement for a nonresidential structure(s)
adjacent to a residential use or residential zoning district shall
be 50 feet.
(7) Screening
requirements
.
(a) Design
of screening walls.
Screening walls shall be designed
in accordance with the following:
(1) Constructed with masonry materials and finished on both sides in
a manner and color consistent with the exterior finish of the main
building(s). Screening walls shall be extensions of the development's
architectural design. The use of chain-link fencing is expressly prohibited.
One or a combination of the following methods shall be used for screening
wall construction:
(a) Solid masonry consisting of rock, stone, or other material that is
equivalent, visually and qualitatively;
(b) Wrought iron, or similar material in quality and appearance, in conjunction
with masonry materials and solid landscape screening (refer to subsection
a.(7)(b) below for specific requirements for landscape screening element(s));
(c) Alternate equivalent screening may be approved through the site plan
approval process.
(3) Constructed with a variance of at least five feet in depth for every
25 feet in length (refer to Illustration A [attached to Ordinance
02-878]).
(4) Constructed with wall openings (i.e., gates) provided at appropriate
locations in order to ensure pedestrian access/circulation from adjacent
residential uses and residential zoning districts to and throughout
the site. Locations for wall openings shall be shown on the site plan;
(5) Constructed with landscaping elements incorporated along the length
of the screening wall;
(6) Constructed entirely upon the lot wherein the nonresidential use
is located or within common areas maintained by a commercial property
owners' association. Maintenance responsibility of such screening
shall be borne by the nonresidential property owner or by a commercial
property owners' association approved by the city:
(7) Constructed in accordance with the requirements contained within
the Highland Village Subdivision Ordinance, No. 95-711.
(b) Perimeter
screening between residential and nonresidential land uses.
A wrought-iron screening wall, or wall of similar material in
quality and appearance, in conjunction with live plant materials shall
be provided by the nonresidential use for the purpose of providing
a solid visual barrier between residential and nonresidential uses
and districts. Plant materials used shall consist of evergreen and
deciduous trees and shrubs of such species as to produce a dense opaque
natural screen at least eight feet in height such that the wrought-iron
screening wall and the natural screening materials together continually
restrict a clear view from adjacent residential uses or residential
zoning districts beyond the shared property line between the nonresidential
and residential uses. Natural screening materials may consist of existing
trees of at least 12 inches in caliper. Where there are no existing
trees of 12-inch caliper, additional trees shall be planted and spaced
at least every 40 feet along the property line and shall be at least
a five- inch caliper. The wrought-iron screening wall and all planted
natural screening materials shall be placed entirely upon the lot
wherein the nonresidential use is located or within common areas maintained
by a commercial property owners' association. Maintenance responsibility
of such screening shall be borne by the nonresidential property owner
or by a commercial property owners' association approved by the city.
Another type of appropriately designed screening wall (as outlined
in subsection a.7(a) above) shall be constructed in lieu of the wrought-iron
and landscaping screen if required by the city council, provided that
exterior finish materials are compatible with nearby structures.
(1) Wall openings (i.e. gates) shall be constructed at appropriate locations
as required in subsection a.(7)(a)(4) above.
(2) Perimeter screening shall be constructed in accordance with the requirements
contained within the Highland Village Subdivision Ordinance, No. 95-711.
(c) Ground-mounted
mechanical equipment.
Mechanical equipment (HVAC, etc.),
satellite dishes, and other mechanical equipment located on the ground
shall be screened from public rights-of-way, residential uses and
residential zoning districts with an appropriately designed screening
wall (as outlined in subsection a.(7)(a) above).
(d) Roof-mounted
mechanical equipment.
Roof-mounted mechanical equipment
shall be screened from public rights-of-way, residential uses and
residential zoning districts with a parapet wall, mansard-style roof
or other architectural extension equal in height to the unit(s), except
when the unit height exceeds five feet. When the height does exceed
five feet, the roof-mounted mechanical equipment shall be set back
from the edge of the roof at a ratio of one horizontal foot for every
one foot of vertical height that the equipment exceeds.
(e) Trash
receptacle screening.
Trash receptacles shall only be
allowed as an incidental use, shall be located outside of the landscaped
area, and shall be screened from public rights-of-way, residential
uses and residential zoning districts with an appropriately designed
screening wall (as outlined in subsection a.(7)(a) above). Openings
for access to the trash receptacle area shall be equipped with gates
capable of screening the area from public rights-of-way, residential
uses, and residential zoning districts when closed; such gates shall
remain closed when the area is not in use.
(f) Outside
storage.
Outside storage, meaning the permanent keeping,
displaying, or storing, outside a building, of any finished or unfinished
goods, material, merchandise, or equipment, including building and
hardware materials (refer to definition of outside storage within
the Highland Village Zoning Ordinance No. 95-699), shall be screened
from public rights-of-way, public areas on-site, residential uses
and residential zoning districts with an appropriately designed screening
wall (as outlined in subsection a.(7)(a) above) that is affixed and
adjacent to the primary on-site structure. Such outside storage materials
shall not be stacked at a height higher than the height of the screening
wall/fence. Openings for access to the outside storage area shall
be equipped with gates capable of screening the area from public rights-of-way,
residential uses and residential zoning districts when closed; such
gates shall remain closed when the area is not in use. (Refer to additional
requirements within subsection a.(7) above). The total area utilized
for the purpose of outside storage shall not exceed 15 percent of
the primary structure on-site (refer to additional requirements within
subsection a(7)(a) above).
(g) Loading/unloading
areas.
Loading/unloading areas (i.e., areas used principally
for the delivery and/or loading of materials) shall be located at
the side or rear of the primary structure, and shall not face onto,
or be visible from, public rights-of-way and residential uses. Such
areas shall be screened from public rights-of-way, residential uses
and residential zoning districts with an appropriately designed screening
wall (as outlined in subsection a.(7)(a) above).
(8) Cross-access
requirement.
Access to building lots must be provided
via an approved cross-access easement that has two means of access
or approach from a public right-of-way. The location(s) of access
easement(s) shall be shown on the site plan.
(9) Building
projections.
Along streets, driveways, or access easements
interior to the property, the following projections are permitted
into the traveled portion of the sidewalk, front setback, or side
setback:
(a) Architectural
projections, including bays, towers, oriels, and balconies may project
up to 42", but in all cases shall have clearance of eight feet over
pedestrian pathways.
(b) Canopies,
awnings or kiosks may project from a building face and may extend
to or be located within eight inches of the curb, but in all cases
shall have clearance of eight feet over pedestrian pathways.
(c) No
projections are allowed to extend over the traveled portion of a street,
driveway, or access easement, unless a fire equipment clearance standard
is maintained.
(d) Roof
projections are allowed up to 36 inches.
(e) Play
structures play structures [sic] ancillary to a church, day care or
school, public or private, shall not be placed outdoors between the
primary building and the public street. All other play structures
shall be enclosed and shall not front a public street.
(10) Parking
and loading.
Required parking and loading standards for property located within the nonresidential overlay zoning district shall comply with section
31 of Highland Village Zoning Ordinance No. 95-699, except as specified below:
(a) All
parking shall be designed and located so as not to obstruct the passage
of cars as well as emergency, delivery and service vehicles.
(b) Parking
shall be allowed only on paved surfaces.
(Ordinance 02-878, sec. 1, adopted 4/23/02; Ordinance 99-799, sec. 6, adopted 4/27/99)
a. Architectural
design.
All structures located within the nonresidential
overlay zoning district shall be constructed utilizing a unified design
which is substantially consistent with or contains the design elements
including roof features, elevations, window type, percentage of various
materials, style, color and overall symmetry of the graphics depicted
in Exhibit B [attached to Ordinance No. 02-878]. Compliance with architectural
design standards shall be a condition of site plan and general development
request approval.
b. Masonry requirements.
All structures shall be constructed with a minimum of 90 percent
masonry coverage. All permanent structures shall be compatible in
architectural style, including the use of brick, Austin stone, cast
stone, or other as approved by city council.
c. Trim colors.
Trim colors shall complement the base color.
d. Roof design
and materials.
Sloped, gabled or pitched roofs visible
from a public street shall be required for all buildings that have
a building footprint of 10,000 square feet or less. Such roofs shall
be constructed of 30-year, composite shingles, slate or of similar
materials (approved by the director of public works or authorized
designee). Roof areas not visible from a public street may be pre-finished
metal or other quality roofing materials. Standing seam roofs are
permitted. Colors shall be required and shall be approved with site
plan approval.
e. Windows.
Windows shall be of a residential style consistent with the
design as depicted in Exhibit B [attached to Ordinance No. 02-878].
Total window is not to exceed 40 percent with no window greater than
six feet in width without a masonry break of at least 18 inches in
width. The style of windows shall be consistent with construction
of the building.
f. Awnings/canopies.
The use of decorative awnings/canopies is permitted, provided
all awnings are designed to be compatible with the structure on which
they are located. Awnings and canopies shall be of a consistent pattern,
size, shape, and material and shall be consistent or complementary
to the construction of the building and approved with site plan approval.
g. Exposed columns.
Exposed columns (structural or decorative) shall be constructed,
or clad, in a material similar or complementary to the principal structure.
h. Archways.
Archways may be used in conjunction with doorways or windows
and shall have an architectural style consistent with the design depicted
in Exhibit B [attached to Ordinance No. 02-878].
i. Lighting.
Lighting shall be consistent with the standards of section
38 of the Highland Village Zoning Ordinance No. 95-699. Lighting fixtures shall be of consistent design depicted in Exhibit B [attached to Ordinance No. 02-878]. Outdoor lighting systems of nonresidential uses, including those used to illuminate nonresidential parking areas, shall not produce direct light onto adjacent residential property as measured from the property line. The nonresidential use shall employ full cut-off, shielding, appropriate aiming, and mounting height as needed to prevent light trespass. If, after all corrective action has been taken, there is illumination crossing the property boundary, under no circumstance shall the illumination be greater than 0.05 footcandles, as measured at five feet inside the residential property.
j. Glass.
Glass curtain walls are prohibited within the nonresidential
overlay zoning district.
k. Construction
materials.
The use of pre-finished metal wall panels,
concrete blocks, efis or stucco is prohibited. All building elevations
shall be constructed of brick or stone, including tilt wall. Tilt
wall may be used only when differentiation techniques have been utilized,
resulting in an appearance that resembles brick and/or stone materials.
Tilt wall and other alternative exterior materials may be approved
with site plan approval, upon the determination that the material
proposed is equivalent in quality and appearance to masonry materials.
Unfinished tilt wall panels are prohibited.
l. Screening
walls and fencing.
All screening walls shall be constructed
of brick and/or stone. Chain-link fencing shall be prohibited. The
use of wrought-iron fencing is encouraged. Use of other screening
or fencing materials shall be approved with site plan approval.
(Ordinance 00-835, sec. 1, adopted 8/8/00; Ordinance 02-878, sec. 1, adopted 4/23/02; Ordinance 99-799, sec. 7, adopted 4/27/99)
Signage for all properties located within the nonresidential overlay zoning district shall comply with section
33 of Ordinance No. 95-699 and as further provided hereinafter. Sign plans for each development shall be required with a site plan. All signs shall be complementary and compatible with the development.
a. All exterior
signs shall be limited per approved site plan.
b. Signs shall be prohibited on awnings (roof-like shelters that provide protection from the sun or rain) and canopies (an awning stretching from a door to a curb or a roof-like projection or covering). Regulatory and community service announcements are permitted on windows. All other window signs shall comply with the regulations set forth by Ordinance No. 95-699, Section
33.
c. Signs with
changeable messages are prohibited. Exceptions include schools, churches
and other sites where, in the opinion of the city council, a changeable
message sign is appropriate.
d. Monument signs,
including base and surface area, shall be constructed of brick or
stone and shall be architecturally compatible with the building it
is identifying. The sign face must be encased in brick or stone. Externally
ground lit signs are preferred; however, if internally lit signs are
requested a dark background is encouraged. Monument signs shall not
exceed four feet in height, measured from the natural grade, and 32
square feet in surface area. See exhibit E [on file in the office
of the city secretary].
e. Center identification
monument signs are encouraged and shall be of similar materials and
construction as buildings located within the center. Monument signs
shall not exceed six feet and 60 square feet in surface area. Height
is measured from the lowest point of 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.
f. Attached wall
signs to buildings are allowed and shall not exceed one (1) sign per
tenant space per street frontage. Additional signage may be considered
and approved with site plan. Additional signage not to exceed size
of primary sign. Illumination of wall signs shall be approved with
site plan.
g. In buildings
with both interior and exterior access for tenants, one wall sign
is permitted for interior tenants in addition to one wall sign for
the exterior tenants.
h. In multi-tenant
buildings, nameplates indicating only the name and suite number of
the tenant are allowed. Nameplates shall not exceed six square feet
in area.
i. Billboards
are prohibited.
j. Bandit signs
are prohibited.
k. 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.
(Ordinance 00-835, sec. 1, adopted 8/8/00; Ordinance 02-878, sec. 1, adopted 4/23/02; Ordinance 99-799, sec. 8, adopted 4/27/99; Ordinance 06-1000 adopted 6/13/2006)
The architectural style elements in exhibit B [on file in the
office of the city secretary] reflect the traditional residential
styles of the Highland Village "look and feel". These style elements
provide a pallet of architectural elements that would be considered
conforming to the intent of the overlay district.
a. Conforming
architectural design.
A site plan where new buildings
are to be constructed on a site or nonresidential center or development
with existing buildings, shall contain as many elements as necessary
to achieve a substantially consistent design in harmony with the elements
in exhibit B [on file in the office of the city secretary] for the
roofs, front door and windows visible from the street but may contain
some non-consistent elements as are necessary to achieve a transitional
harmony with existing buildings.
b. Nonconforming
architectural design.
Site plans where the primary elements
of the buildings on-site are not consistent with exhibit B [on file
in the office of the city secretary], as interpreted by the director
of public works, or his designee, shall require approval of the city
council with a recommendation by the planning and zoning commission.
c. Color.
The primary exterior color of buildings within the nonresidential
overlay zoning district shall be comprised of earth tones and shall
be used on at least 85 percent of the building facade (except glass
area). Materials such as stone and rock are encouraged. Secondary
accent color may be used on up to 15 percent of the exterior facade.
Project material samples and colors, including building elevations
and signage, shall be submitted with the site plan for review.
d. Building
facade articulation.
To ensure the aesthetic value and
visual appeal of nonresidential structures within Highland Village
facade articulation is strongly encouraged for all buildings.
(Ordinance 00-835, sec. 1, adopted 8/8/00; Ordinance 02-878, sec. 1, adopted 4/23/02; Ordinance 99-799, sec. 9, adopted 4/27/99)
The spirit of this ordinance suggests the need for a thoughtful
integration of nonresidential development adjacent to residential
and public use areas. Where feasible all nonresidential development
is encouraged to promote pedestrian usage and the incorporation of
open spaces.
a. Outdoor display.
(Refer to the definition of outside display within the definition
section of Ordinance No. 95-699.) Outside display areas, which are
identified as outside areas in which finished goods are displayed
that are intended for retail sale, shall not encroach upon any required
parking areas for any period of time longer than 24 hours, except
when permitted by the city upon the application and granting of a
temporary use permit for a period not to exceed 45 days. The total
area utilized for the purpose of outside display shall not exceed
2,500 square feet.
b. Outdoor seating.
Any establishment serving food for consumption on-premises may
provide an outdoor seating area equal in size to a maximum 15 percent
of the total inside square footage of seating area.
c. Retention/detention.
It is anticipated that flood mitigation measures, including
the construction of retention/detention ponds, will have to be utilized
as required by the director of public works. Retention/detention pond
areas shall be designed as free-form shapes to blend with the natural
landscape and shall be an integral part of the overall site design
concept. Natural rocks and boulders with spillways of natural rock
shall be used to create visual appeal.
d. Inland trail.
In keeping with the city's park and open space master plan,
it is envisioned that people will be able to move freely throughout
the area due to an emphasis on trails/walkways that would connect
with the city's inland trail system in accordance with subsection
65.h., and subsection 71.m. of this ordinance.
e. Tree preservation.
Preservation of existing trees shall be in accordance with section
32 of Ordinance No. 95-699 and Ordinance No. 00-834.
Editor's note–Ord. 02-878, sec.
1, adopted April 23, 2002, added a new section
70 as set out herein, and renumbered sections
70 and
71 as sections
71 and
72.
(Ordinance 02-878, sec. 1, adopted 4/23/02)
Landscaping is required for all properties located within the nonresidential overlay zoning district and shall comply with section
32 of Ordinance No. 95-699, except as provided below. Compliance with the requirements of this section shall be a condition of site plan and general development request approval.
a. Shade trees.
At least 60 percent of all required trees planted throughout
the development shall be shade trees.
b. Street buffer
trees.
Street buffer trees are required to be planted
adjacent to any public right-of-way and shall be spaced one tree for
every 30 feet of frontage and shall be of at least a four-inch caliper.
Evergreen and/or ornamental trees shall be planted in addition to
the required shade trees. Evergreen and/or ornamental trees should
be utilized to screen service areas or to screen/buffer adjacent properties.
Ornamental trees shall be used to accent the building and overall
development. Existing trees located in parking lots shall not be accepted
as credits in lieu of street buffer trees.
c. Street buffer
trees location.
Street buffer trees shall not be located
within any public right-of-way or utility easement.
d. Lot landscaped
area.
Each lot shall provide a minimum of 15 percent
landscaped area, which shall include a combination of trees, shrubs,
plantings, ground cover and grass.
e. Site landscaped
area.
The entire site shall provide a minimum of 20 percent
landscaped area, which shall include a combination of trees, shrubs,
plantings, ground cover and grass.
f. Landscape
buffers.
Landscape buffers (exterior parkways) shall
be provided adjacent to a public right-of-way at a minimum of 20 feet
and a minimum of 20 feet landscape buffer (interior parkway).
g. Berming.
Berms shall be used to screen parking and service areas. Berms
shall not exceed a 3:1 slope. The height of the berm must be indicated
on the landscape plan and shall be a condition of site plan approval.
Berms located within parking lot islands or medians shall be crowned
for positive drainage, with the highest point along or near the center
of the island.
h. Utility easements.
Any landscaping located within utility easements is subject
to approval by the respective company. The landscaping of utility
easements should be consistent with the development.
i. Parking lots.
Landscape areas located within parking lots shall be no less
than five feet in width and not less than 100 square feet in area.
j. Parking lot
islands/medians.
Parking lot islands or medians shall
be placed at an average of every eight parking spaces not to exceed
ten spaces without a break. Parking lot islands or medians shall be
located to help define parking areas and assist in indicating traffic
circulation patterns. Consideration for the protection of existing
trees and/or clusters of trees will be given.
k. Landscaping
within parking lot islands/medians.
A combination of
shrubs and ground cover plantings shall be required in all islands
and medians. Trees are required at the end of each parking row within
the island or median. Trees in this location shall be no less than
three inches in caliper.
l. Seasonal
plantings.
The use of seasonal color and xeriscape in
plantings shall be required throughout the development.
m. Pedestrian
access.
A combination of walkways (sidewalks) and other
elements for pedestrian access/circulation on the property are preferred
within exterior landscaped areas and may be included in the interior
landscaped areas to serve as visual amenities. Where feasible, a connection
to the Highland Village trail system is encouraged. Such provisions
shall serve as access between properties and shall be a condition
of site plan approval.
n. Foundation
plantings.
Foundation plantings are required around no
less than 50 percent of the perimeter of the building or structure.
o. Plan requirements.
Landscape plans shall be designed by a landscape architect and
shall be reviewed by the director of parks and recreation.
p. Condition
of landscaped areas.
All landscaped areas shall be maintained
in a clean, sanitary condition. Landscaped areas shall be trimmed,
free of weeds, with trees, ground cover and grass in a healthy condition
at all times.
q. Plant materials.
A landscape plant materials list is attached [to Ordinance No.
02-878] as Exhibit C, which list has been reviewed and approved by
the director of parks and recreation.
r. Tree mitigation/preservation.
Tree mitigation/preservation shall be in accordance with Ordinance
No. 00-834.
(Ordinance 02-878, sec. 1, adopted 4/23/02; Ordinance 99-799, sec. 10, adopted 4/27/99)
a. Defined.
The following aspects of each nonresidential property shall
become common streetscape elements, as development occurs, of the
Highland Village Nonresidential Overlay Zoning District "look and
feel": Exhibit D [attached to Ordinance No. 02-878, on file in the
office of the city secretary]
(1) Street buffer trees–As identified in section
71 of this ordinance, section
32 of Ordinance No. 95-699 and Exhibit C [attached to Ordinance No. 02-878].
(2) Landscaping–As identified in section
71 of this ordinance and section
32 of Ordinance No. 95-699.
(3) Perimeter lighting–As identified in section
67 of this ordinance and Exhibit B [attached to Ordinance No. 02-878].
(4) Underground
utilities–All on-site utilities, including electrical and cable
lines, shall be placed underground with this overlay district.
(5) Existing billboards and freestanding signs shall be removed as identified in section
33 of Ordinance No. 95-699.
(Ordinance 02-878, sec. 1, adopted 4/23/02; Ordinance 99-799, sec. 11, adopted 4/27/99; Ordinance 99-805, sec. 1, adopted 7/13/99)