IX MARKETPLACE OVERLAY ZONING DISTRICT (HVM) [1]

Minimum front yard setback.

The minimum front yard shall be 40 feet, with no front yard parking allowed, or 75 feet, if front yard parking is allowed.

Minimum rear yard setback.

The minimum rear yard setback shall be 40 feet when adjacent to a nonresidential zoning district.

Within the eastern portion of the marketplace overlay district specifically, adjacent to the existing residential developments known as Briarhill and Chapel Hill, the minimum rear yard setback for structures and parking shall be 150 feet. The following items may be located within the 150-foot setback: utility easements (public and private), fire lanes, landscaping, and inland trail/sidewalk.

Within the western portion of the Marketplace Overlay District, the minimum rear yard setbacks shall comply with the base zoning requirements; provided, however, the minimum rear yard setback on Lot 7A, Block 2, The Marketplace of Highland Village, an addition to the City of Highland Village, Texas, shall be a minimum of twenty (20) feet from both property line and screening wall.

Minimum side yard setback.

The minimum side yard setback for fire lanes and utility easements shall be 50 feet when adjacent to any public street right-of-way residential use, or residential zoning district. The minimum side yard setback for nonresidential structures and related parking facilities shall be 100 feet when adjacent to a residential use or residential zoning district.

Minimum interior side yard setback.

No interior side yard shall be required when development is adjacent to nonresidential uses, provided that:

Appropriate building codes, including building separation standards, are met; and,

Required fire lanes and circulation are approved by the fire chief, or his designee.

(e)

Maximum lot coverage.

Maximum lot coverage is 40 percent including main and accessory structures.

Screening requirements:

Design of screening walls.

Screening walls shall be designed in accordance with the following:

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:

Solid masonry consisting of rock, stone, or other material that is equivalent, visually and qualitatively;

Wrought iron, or similar material in quality and appearance, in conjunction with masonry materials and solid landscape screening (refer to section 86.a.3.b. for specific requirements for landscape screening elements);

Alternate equivalent screening may be approved through the site plan approval process.

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 [on file in the office of the city secretary]);

(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 the nonresidential property owner. Maintenance responsibility of such screening shall be borne by the nonresidential property owner.

(7)

Constructed in accordance with the requirements contained within the Highland Village Subdivision Ordinance No. 95-711.

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, one tree of at least five-inch caliper shall be planted at a maximum distance of 40 feet on-center along the entire length of the property line. 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 section 86.a.3.(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.

Wall openings (i.e., gates) shall be constructed at appropriate locations, as required in section 86.a.3.(a) above.

Perimeter screening shall be constructed in accordance with the requirements contained within the Highland Village Subdivision Ordinance No. 95-711.

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 section 86.a.3.(a) above).

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 by which the equipment exceeds five feet.

(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 section 86.a.3.(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 section 86.a.3.(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 section 86.a.7.) 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 section 86.a.3.).

(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. 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 section 86.a.3.(a) above).

Cross-access requirement.

A joint access (i.e., ingress, egress) easement shall be required to minimize the number of driveway openings along F.M. 407 and F.M. 2499 (Village Parkway). The location(s) of access easement(s) shall be shown on the site plan and shall comply with the Texas Department of Transportation (TxDOT) Access Management requirements.

Parking areas.

Required parking and loading standards for property located within the marketplace overlay zoning district shall comply with section 31 of Highland Village Zoning Ordinance No. 95-699, except as specified below:

Parking areas shall be screened from adjacent residential uses and residential zoning districts on all sides of the site with earth berms, except where screening walls are required. Such berms shall not exceed a 3:1 slope, and may be located within the required front, side and rear setback areas (refer to section 86.2 [86.a.2] above). This requirement may be eliminated for projects in which parking areas are located on-site with an interior orientation, wherein the structures/buildings constructed on-site effectively screen parking areas from adjacent residential uses and residential zoning districts.

All parking shall be designed and located so as not to obstruct the passage of vehicles including emergency, delivery and service vehicles.

Parking shall be allowed only on paved surfaces.

For purposes of this overlay district, all retail uses within the overlay district shall have a parking ratio of one space for every 250 square feet of floor area.

Locational criteria.

Highland Village Marketplace Overlay Zoning District is identified on the overlay map attached [to the ordinance from which this article derives] as exhibit C.

Uses with drive-through and drive-in facilities shall not be allowed within the overlay district.

Structures, which exceed 100,000 square feet shall require a conditional use permit in accordance with section 12 of the Highland Village Zoning Ordinance No. 95-699.

Office and residential uses shall be permitted to locate within the upper floor areas of multi-story retail uses throughout this district.

Outside display.

Refer to the definition of outside display within the definition section of the Highland Village City Zoning Ordinance No. 95-699.

Outside temporary 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.

§ 87 Architectural standards for structures.

The total area utilized for the purpose of outside display shall not exceed 2,500 square feet. Larger areas utilized for the purpose of outside display may be approved by the city council.

Hours for loading and unloading.

All uses within the marketplace overlay zoning district shall be permitted to load and unload goods only between the hours of 7:00 a.m. and 10:00 p.m., including solid waste pickup.

(Ordinance 01-872, sec. 1, ex. A (6), adopted 11/13/01; Ordinance 03-906, sec. 1, ex. A, adopted 2/11/03; Ordinance 2013-1133 adopted 3/26/13)

Architectural design.

All structures, including all building elevations, located within the Highland Village Marketplace Overlay Zoning District shall be constructed utilizing a unified design that is substantially consistent with or contains architectural design elements including but not limited to the following:

-	Canopies, awnings or porticos
-	Arcades, archways
-	Outdoor patios
-	Display windows/decorative windows
-	Architectural details (such as decorative tile or brick work) integrated into the building facade.
-	Integrated planters or wing walls that incorporate landscape and/or sitting areas
-	Articulated cornice line
-	Peaked roof form
-	Accent materials (minimum 15 percent of exterior facade)
-	Other architectural features as approved with the site plan

Compliance with architectural design standards shall be a condition of site plan and general development request approval. (See exhibit B of Ordinance No. 99-799 and exhibits B-1 and B-2 of Ordinance No. 03- 906.)

Masonry requirements.

All structures shall be constructed with a minimum of 85 percent masonry coverage, exclusive of windows and doors. All permanent structures shall be compatible in architectural style, including the use of masonry elements such as brick, Austin limestone, cast stone, or other masonry material of similar quality and appearance, as approved by city council. (Refer to additional requirements within section 87.k.)

Trim colors.

Trim colors shall complement the base color of the structure to which the trim is attached.

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.

Windows.

For all structures that have a building footprint of 10,000 square feet or less, residential-style windows shall be incorporated into the building design in a manner consistent with the design depicted in exhibit B of Ordinance No. 99-799. Total window area not to exceed 40 percent of the front facade. Style of windows shall be consistent with construction and use of the building.

Awnings/canopies/porticos.

The use of decorative awnings/canopies is permitted and encouraged, provided that all awnings are designed to be compatible with the structure on which they are located and that all awnings are maintained intact, clean and in good condition. Awnings and canopies shall be of a consistent pattern, size, shape, material and shall be consistent or complementary to construction of the building and approved with site plan approval.

Exposed columns.

Exposed columns (structural or decorative) shall be constructed, or clad, in a similar or complementary material as the principal structure.

Archways/arcades.

Archways may be used in conjunction with doorways or windows and shall have an architectural style consistent with the design depicted in exhibit B of Ordinance No. 99-799, and exhibits B-1 and B-2 of Ordinance No. 03-906.

Lighting.

Lighting shall be consistent with the standards of section 38 of the Highland Village Zoning Ordinance No. 95-699 except where otherwise stated. Decorative lighting fixtures shall be of consistent design depicted in exhibit B of Ordinance No. 99-799. Low mounted lights, not to exceed 20 feet in height shall be used for parking areas within 100 feet of a residential use or vacant land zoned residential. Illumination shall be shielded and directed in a downward manner so that residential uses are not impacted. Standards, poles and fixtures shall be a single color, compatible with the architecture of the building. Nonresidential walkway lighting is encouraged with the pole height not to exceed 12 feet. Pole and wall-mounted fixtures above eight feet shall be fully shielded. Lighting may used to highlight landscape elements, building entrances or other architectural elements such as fountains or sculptures.

Glass.

Glass curtain walls are prohibited within the marketplace overlay zoning district.

Construction materials.

The use of prefinished metal wall panels is prohibited. All building facades (i.e., the exterior of each side of the structure) shall be constructed of masonry materials, except the use of architectural metal wall panels on building facades (including those which face or side any public street or residential zoning districts or otherwise have public exposure) not to exceed 20% of the building facade and shall require that architectural metal wall panels be allowed, upon the determination that the material proposed is equivalent in quality and complementary to the masonry materials for the property located at 2300 Village Pkwy., Lot 6, Blk. 1, Marketplace at Highland Village. 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.

(Ordinance 01-872, sec. 1, ex. A (7), adopted 11/13/01; Ordinance 03-906, sec. 1, ex. A, adopted 2/11/03; Ordinance 2011-1101, sec. 2, adopted 5/10/11)

§ 88 Architectural style elements.

Requirements for architectural style elements contained herein are intended to ensure that nonresidential development is consistent with the character and quality of existing development within Highland Village. Compatibility with existing residential development within the city is of extreme importance, and these requirements are intended to ensure such compatibility. Strict adherence to these requirements shall not be such as to prevent architectural creativity, however, compliance with the requirements of this section (section 88) shall be a condition of site plan and general development request approval.

Conforming architectural design.

All buildings within the marketplace zoning overlay district shall be complementary to and compatible with one another. Specific elements that shall be examined in terms of this requirement include: building materials; color; the incorporation of windows, archways, and unique architectural elements; and, overall style and symmetry. Any buildings within any proposed developments that are substantially different from existing structures or that do not substantially adhere to these requirements, as determined by city staff, shall require approval of the city council subsequent to a recommendation by the planning and zoning commission. (Refer to section 87.a)

Color.

The primary exterior color of all buildings within the marketplace zoning overlay district shall be comprised of earth tones and shall be used on at least 90 percent of the building facade, excluding doors and windows. A secondary accent color, which also must be a variation of an earth tone color, may be used on up to 10 percent of the exterior facade. Bright or fluorescent colors, including pinks, purples, oranges, and those classified as primary colors, are permitted only as secondary accent colors. Project material samples and colors, including those to be used for signage, shall be submitted with the site plan for review.

Building facade articulation.

To ensure the aesthetic value and visual appeal of nonresidential structures within the marketplace zoning overlay district, facade articulation is required for all buildings.

Amount of articulation.

Facade articulation of at least five feet in depth shall be required for every 50 feet in vertical and/or horizontal surface length (refer to illustration B [on file in the office of the city secretary]).

Articulation on elevation plan.

Facade offsets shall be shown, along with calculations verifying that the building elevations meet the above requirement, on a building facade (elevation) plan, and shall be submitted with the site plan for review.

(Ordinance 01-872, sec. 1, ex. A (8), adopted 11/13/01; Ordinance 03-906, sec. 1, ex. A, adopted 2/11/03)

§ 89 Open space, detention/retention areas, the inland trail and landscaping.

The intent of the requirements contained within this section of the Highland Village Overlay Zoning District is to ensure that pedestrian access for the residents of the city is accommodated and enhanced by nonresidential development within the city. It is also the intent of these requirements to ensure that the floodplain areas, floodprone areas, and drainageways located within this overlay district are maintained or enhanced in terms of their ability to contribute to flood management.

All nonresidential development within the Highland Village Overlay Zoning District must be integrated with the city's park and open space network, including the inland trail, as described in the park and open space master plan of the comprehensive plan. This shall include the provision of public spaces and the construction of trails that would connect to the defined inland trail system (also referred to as a system of linear parks within the Highland Village Subdivision Ordinance). Public or common uses and open space should be connected together via the trail system to promote pedestrian usage through the district, as well as from adjacent residential areas. Public space, common use, open spaces, public places, as area focal points, and public amenities used herein interchangeably shall mean areas designated for pedestrian travel and recreation on private property. In addition, utilization of open space must be enhanced through the provision of amenities. Compliance with the requirements of this section (section 89) shall be a condition of site plan and general development request approval.

Outdoor and open space.

Development within the Highland Village Overlay Zoning District should make a positive overall contribution to the city by providing defined public places and activity centers so that varied activities are encouraged within this area. This can be accomplished through the incorporation of open spaces that become public amenities and that provide interest within the area at the pedestrian level.

Outdoor seating.

Any establishment serving food for consumption on-premises is encouraged to provide an outdoor seating area and shall be approved with site plan. The outdoor seating area may be included as a portion of the seven percent open space requirement as stated in section 89.a.2 below.

Additional open space required.

An additional seven percent of open space is required in addition to the landscape, setback and parking lot island requirements. The additional seven percent may be located adjacent to the required setbacks or landscaping at the ROW and property lines or in front or in some cases to the side of the structure. The additional open space percentage may not include the building footprint or vehicular parking lot. This area and the associated amenity(s) shall be approved on the site plan.

At least one of the following amenities shall be located within the additional seven percent open space area and count towards the required percentage:

-	Water feature, such as a fountain or detention pond with constant water level
-	Plaza or courtyard with an art sculpture piece
-	Outdoor patio or gazebo with seating area
-	Pedestrian walkways, connectivity with the city's inland trail system
-	Other areas for pedestrian congregation, as may be approved on the site plan

Locational criteria.

The location of public spaces and trails/pedestrian walkways shall be consistent with the conceptual locations shown on exhibit D [on file in the office of the city secretary].

Other requirements.

Retention/detention ponds.

It is anticipated that flood mitigation measures, including the construction of retention/detention ponds, will have to be utilized within the Highland Village Overlay Zoning District, as required by the director of public works. Retention/detention pond areas shall be designed as freeform 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 and to create an amenity for the development.

Any necessary retention/detention pond area shall be constructed in conjunction with and as an amenity to public open space areas (refer to section 89.a) and shall maintain a constant water level.

In addition to engineering review, plans for retention/detention pond areas shall be designed by a licensed landscape architect and shall be reviewed and approved by the director of parks and recreation or his designee.

The Inland Trail system.

In keeping with the city's park and open space master plan, it is envisioned that within the marketplace overlay zoning district area, people will be able to move freely throughout the area without the use of an automobile due to an emphasis on trails/walkways that would connect with the city's inland trail system. The overall concept for the secondary trail is shown on the map attached [to the ordinance from which this article derives] as exhibit D, and an easement for access into the secondary trail system shall be provided in accordance with the conceptual locations shown.

It is the responsibility of the developer to ensure that the secondary trail constructed as part of each development meets the following requirements:

Allows pedestrians to have accessibility between public streets and the building without having to walk through a surface parking lot.

Protects pedestrians from vehicular intrusions with landscaping, curbs, bollards or other elements integrated into the site design.

(3)

Connects with existing or future city-owned trails without physical barriers.

(4)

Provides access to open space areas provided as a result of development (refer to section 89.a).

(5)

Traverses each development in such a way that allows for the free movement of pedestrians.

(6)

Provides an opportunity for trails constructed as a result of future development to connect to said trail.

The city shall specify the proposed dimensions of the trail constructed as part of each development, in accordance with exhibit D of this ordinance [on file in the office of the city secretary]. The developer shall then provide the city an easement to the common area or property upon which the trail is constructed. The owner may offer to construct the trail at an alternative site that reasonably meets the same needs of the city, however, the city shall have the authority to determine the adequacy of the alternative site. Secondary trails shall be of a suitable size, dimension, topography and general character to meet the design criteria specified in the parks and open space master plan for the city's inland trail system (referred to as linear park facilities in the parks and open space master plan), as may be further specified through administrative guidelines.

Preservation of existing trees.

Preservation of trees within the overlay district shall comply with the requirements of section 32 of the Highland Village Ordinance No. 95- 699, as modified herein. Trees in excess of six inches in caliper and, all trees within the areas shown on exhibit E [on file in the office of the city secretary] shall be preserved to the maximum extent reasonable and feasible. The developer and the builder shall use best good faith efforts to preserve areas in which large clusters of trees are located. Indiscriminate clearing or stripping of trees of any caliper within the marketplace overlay district is prohibited. Any part of a site not used for buildings, parking, driveways, walkways, utilities and approved storage areas shall be retained in a natural state, or reclaimed to its natural state, to the greatest extent feasible, or shall be attractively landscaped in a manner that adds aesthetic value to the development. A tree mitigation plan shall be submitted for approval with the site plan. All requirements in section 32, Ordinance No. 95-699 shall be met. Replacement trees shall be required for trees which are removed. For trees which exceed four inches in caliper total of caliper inches shall be calculated and newly planted four-inch trees shall total the corresponding caliper inches. For example removal of two 16-inch trees requires eight four-inch trees to be planted and shall be submitted for location approval with site plan. Replacement trees shall not be considered as part of the required landscape plan for the site/development.

Landscaping.

All properties located within the marketplace overlay zoning district shall comply with the landscaping requirements contained within section 32 of Ordinance No. 95-699, except as provided below. Compliance with the requirements of this section (section 89) shall be a condition of site plan and general development request approval.

Shade trees. At least 60 percent of all required trees planted throughout the development shall be shade trees, as such are defined in Ordinance No. 95-699.

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.

Street buffer tree location.

Street buffer trees shall not be located within any public right-of-way or utility easement.

Lot landscaped area.

Each lot shall provide a minimum of 15 percent landscaped area that 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 that 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 areas (refer to section 86.a.5. of this ordinance). Berms shall not exceed a 3:1 slope. 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 an area not less than 80 square feet in area. These areas shall be no less than five feet in width.

(j)

Parking lot islands/medians.

Parking lot islands or medians shall be placed at least every 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.

The trail system 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. Pedestrian access between properties, as previously mentioned in section 89 of this ordinance, 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 or his designee.

(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, living and growing condition at all times.

(q)

Plant materials.

A landscape plant materials list is attached hereto [to the ordinance from which this article derives] as exhibit G, which is a list that has been reviewed and approved by the director of parks and recreation.

Entry/gateway features.

The intersection of F.M. 407 and F.M. 2499 (northwest and northeast corners) [is] considered a gateway to the City of Highland Village and should be an enhanced intersection with the use of landscaping and lighting, and entrance monuments, including signage. Developments located on the northwest and northeast corners are encouraged to incorporate entrance monuments and enhanced landscaping to provide an entry or gateway feature into the city. These plans shall be approved with the site plan for the development. City of Highland Village has the option to participate with the developer to further provide enhancements to the intersection.

(Ordinance 01-872, sec. 1, ex. A (9), adopted 11/13/01; Ordinance 03-906, sec. 1, ex. A, adopted 2/11/03)

§ 90 Signage.

Signage for all properties located within the marketplace overlay zoning district shall comply with section 33 of the Highland Village Zoning Ordinance No. 95-699, except as specified below. Compliance with the requirements of this section (section 90) shall be a condition of site plan and general development request approval.

Relationship to the development.

All signs shall be complementary to and compatible with the development.

Awnings, canopies and windows.

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.

Changeable message signs.

Signs with changeable messages are prohibited.

Monument signs.

Monument signs are required for all development within the marketplace overlay zoning district.

Materials and compatibility.

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 with pole(s) or supports concealed; however, architectural metal panels may be reviewed and approved with the site plan, upon determination that the material proposed is equivalent in quality and complementary to the masonry materials for the property located at 2300 Village Pkwy., Lot 6, Blk. 1, Marketplace at Highland Village.

Size and number of monument signs.

Monument signs shall not exceed four feet in height and 32 square feet in surface area; one sign per use is permitted. The size of a monument sign may be increased in size to six feet in height and 60 square feet in surface area and may be increased to a total of two signs in the case of three or more uses sharing monument sign(s). Height is measured from the lowest point of natural grade. Signs must have engineered plans at the time of sign permit.

The ground upon which a monument is located may be bermed up (or designed as a raised planter) a maximum of three feet for the top of the adjacent street curb.

Lighting.

Monument signs shall be externally ground lit.

Location.

Monument signs are permitted within 15 feet from front yard lines adjacent to a public right-of-way, and ten feet from side or rear yard lines.

Center identification signs.

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 must have engineered plans at the time of sign permit.

Attached wall signs.

Attached wall signs to buildings are permitted and shall not exceed one sign per tenant space per street frontage. Illumination of wall signs shall be determined by city council with approved site plan.

All attached signs shall be limited to a maximum size of 300 square feet or ten percent of the total building facade area, whichever is less.

All attached signs (whether on towers or structures that are not inhabitable) shall be limited to 26 feet in height on a one- or two-story structure (inhabitable structure);