[1]
Editor's note–Ordinance 99-799, secs. 1–11, adopted April 27, 1999, created a nonresidential overlay zoning district for the city. At the discretion of the editor, the provisions of said ordinance have been codified herein as article VIII.
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:
a. 
Traffic circulation;
b. 
Cross-access;
c. 
Driveway location;
d. 
Distance to residential uses;
e. 
Conceptual design elevations;
f. 
Development construction schedule;
g. 
Visibility/site easements;
h. 
Inland trail location;
i. 
Open space areas, including public spaces, public amenities and area focal points;
j. 
Elements used to buffer nonresidential and residential development;
k. 
Pedestrian circulation.
(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.
(2) 
Eight feet in height;
(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)