ARTICLE 10 Site Development Provisions

This section shall apply to all new multiple-family residential, office, commercial, industrial and institutional buildings. Single-family detached and two-family residential structures and their associated accessory buildings shall be exempt from this section.

Additions to existing buildings must complement the current building design with regard to height, proportions, scale, materials, and rhythm of openings.

Plans shall be reviewed by the City of Bells Planning and Zoning Commission as a part of site plan review under the requirements of this section.

Exterior Building Design.

Buildings shall possess architectural variety but enhance the overall cohesive community character. All buildings shall contain architectural features, details, and ornaments such as archways, colonnades, cornices, recesses, projections, wall insets, arcades, window display areas, peaked roof lines, or towers/parapets.

Building walls and roofs over 20 feet in length shall be broken up with divisions or breaks in materials, varying building lines, windows, multiple entrances, entry treatments, variations in roof lines, gables, porticoes and/or architectural accents such as pilasters, columns, dormers, and awnings.

In multi-story buildings, the ground floor shall be distinguished from the floors above through an intermediate cornice line, a difference in building materials or detailing, an awning, trellis or arcade, special window lintels, or brick corbels or quoins.

A portion of the on-site landscaping shall be located along all blank walls so that the vegetation, combined with the architectural features, significantly reduces the visual impact of the building mass as viewed from the street.

Overhead doors shall not face a public street. The Planning and Zoning Commission may modify this requirement upon a determination that there is no reasonable alternative and the visual impact will be moderated through use of building materials, architectural features and landscaping.

Roof Design.

Roofs should be designed to reduce the apparent exterior mass of a building, add visual interest, and be appropriate to the architectural style of the building.

Architectural methods shall be used to conceal mechanical equipment located on structures with flat roof tops.

(e)

Customer Entrances.

Clearly defined, highly visible customer entrances shall be incorporated into the design. Features such as canopies, porticos, arcades, arches, wing walls or integral planters shall be used to identify entrances. New buildings shall have at least one (1) principal building entrance oriented parallel to and facing the front lot line of the building,[.]

(f)

Modifications.

The Planning and Zoning Commission may approve modifications to the building design standards of this section in order to achieve the objectives of this subsection through the use of creativity and flexibility in development and design. A front elevation drawing of the proposed building shall be provided to evaluate the proposed building design based upon all of the following criteria:

Innovations in architectural design may be permitted, provided the building design shall be in keeping with the desired character of the district and the proposed building fits within the context of adjacent buildings along the block.

The building shall be oriented towards the front sidewalk and maintain or enhance the continuity of the pedestrian-oriented environment.

The roof design shall not be out of character with other buildings along the block and shall be within the minimum and maximum height requirements of the district.

The exterior finish materials shall be of equal or better quality and durability as those permitted above, with the intent to allow for new technologies in building material while maintaining the desired character of the district.

(Ordinance 99-0928-A adopted 10/12/21)

§ 10.02 Screening Walls.

Requirement.

Screening walls shall be required where any parking lot, loading area or outside storage area is adjacent to a residential zoning district or existing residential use.

Specifications.

Where required, screening walls shall meet the following requirements:

Wall height shall be a minimum of six (6) feet tall and a maximum of eight (8) feet tall, measured from the average grade along the property line. Within the front yard, walls shall be a maximum of three and a half (3-1/2) feet tall except where a taller wall is approved by the Planning and Zoning Commission for the purposes of screening outdoor storage. In the industrial districts, a greater height may be allowed by the Planning and Zoning Commission to screen large equipment, vehicles, outdoor storage or activities that could otherwise impact adjacent uses.

Walls shall be constructed of brick or other ornamental masonry material compatible with the principal structure. Building materials must be reviewed and approved by the Planning and Zoning Commission during site plan review. The Planning and Zoning Commission may approve the use of a privacy fence where it is determined to be more compatible with adjacent residential uses.

Walls must be constructed on the lot line; however, this location may be modified by the Planning and Zoning Commission due to special circumstances, such as conflicts with underground utilities and better screening provided at alternative locations.

Walls shall be continuous except for openings for pedestrian connections.

A berm of equal of greater height may be substituted for the screening wall requirement[.]

(Ordinance 99-0928-A adopted 10/12/21)

§ 10.03 Lighting Regulations.

Applicability.

The regulations of this section shall apply to all uses, except residential uses. Where any change is made to a site requiring an improvement location permit or existing light fixtures are replaced, site lighting shall be upgraded to comply with the regulations of subsection (c) below.

Lighting intensity.

Outdoor lighting for all nonresidential uses shall be fully shielded to reduce glare and shall be arranged to reflect light away from all adjacent residential districts or uses. Light levels on a site that is subject to an improvement location permit under this ordinance shall comply with the limits specified in Table 10.1 below.

Table 10.1. Lighting Intensity Standards
	Maximum Illumination (footcandles)	Minimum Illumination (footcandles) (4) (5)
Parking lots, loading areas, sidewalks, crosswalks, stairs and building entrances	10 fc (1)	3 fc (6)
Under canopies such as gas stations, drive-through banks and porte-cocheres	20 fc	3 fc
Along front lot line adjacent to the street frontage	3 fc (2)	0.5 fc
Along a property line adjoining a nonresidential use or district	3 fc (3)	0.5 fc
Along a property line adjoining a residential use or district.	0.1 fc	0 fc

Any outdoor sales areas, the maximum illumination may be increased to 15 footcandles, provided the illumination limits at the property line are not exceeded.

Shall not apply to ornamental street lighting, public streetlights or driveway/intersection lighting necessary for pedestrian and traffic safety.

The light level along a nonresidential property line may be increased to up to five (5) footcandles where there are shared access/vehicular connections with the adjacent use, or the adjacent use is a similar use. Example would be two commercial districts sharing a common boundary.

Lighting levels may be reduced to half (0.5) footcandle with a uniformity ratio of not more than ten to one (10:1) after 12:00 P.M., or after established hours of operation.

The required minimum illumination shall only apply to the developed portion of the site containing buildings, drives and parking lots.

(6)

The minimum illumination levels shall not apply to portions of the site that are fenced to restrict public access, such as storage yards.

Light fixtures.

All fixtures shall be light-emitting diode (LED) or better quality/efficiency light.

Outdoor lighting in all zoning districts shall be directed toward and confined to the ground areas of lawns or parking lots except as noted elsewhere in this section.

Lighting shall utilize cutoff fixtures that are recessed sufficiently such that the light source is not visible from off-site.

The requirement for cutoff fixtures shall not apply to historic or traditional style ornamental lights and street lighting.

Floodlight type fixtures shall not be permitted except for building accent and sign lighting.

Fixture height.

Light fixtures shall have a maximum height of 40 feet where not adjacent to residential. Where located within 200 feet of a residential district, the maximum height of a light fixture shall not exceed 18 feet.

(e)

Signs.

Illumination of signs shall be directed or shielded downward so as not to interfere with the vision of persons on the adjacent highways or adjacent property. Signage lighting shall be subject to the lighting intensity limits specified in Sign Regulation Article [Article 12].

(f)

Constant light.

Illumination shall not be of a flashing, moving or intermittent type. Artificial light shall always be maintained stationary and constant in intensity and color when in use. Sign illumination shall only be allowed as provided for in section 12.06(d).

(g)

Luminous tube (neon) and exposed bulb lighting.

Luminous tube (neon) and exposed bulb fluorescent lighting is prohibited as an architectural detail on all buildings (ex. along the roofline and eaves, around windows, etc.). Internally illuminated architectural bands or features shall be allowed where the light source is not directly visible. Neon lighting is permitted as part of a sign meeting the requirements of Section 12.06(d).

(h)

Any site plan application for new or revised lighting shall include a photometric plan overlaid on the site plan illustrating the proposed layout and footcandles of site lighting. The following are required for review:

Lighting plan showing light pole and fixture locations and type designations;

Photometric plan showing horizontal luminance levels in a point by point format with contour lines. Canopy lighting will also be included in luminance levels;

Lighting manufacturers equipment specifications and data sheets; and

Any other presentations required to convey the intent of the design.

(Ordinance 99-0928-A adopted 10/12/21)

§ 10.04 Waste Receptacles.

Applicability.

The regulations of this section shall apply to all uses except residential uses with curbside trash collection service. The Planning and Zoning Commission may modify the requirements of this section for a use that has alternative means of waste disposal and will have no outdoor storage of waste receptacles.

Location.

Waste receptacles including dumpsters with enclosures, shall be located in the rear yard or side yard, unless otherwise approved by the Planning and Zoning Commission.

For nonresidential uses adjoining/adjacent to a residential district, the waste receptacle enclosure shall be as far as practical, and in no case less than 10 feet, from any adjacent residential district.

Waste receptacles shall be easily accessed by refuse vehicles without potentially damaging automobiles parked in designated parking spaces or interfering with the normal movement of vehicles on or off the site.

Enclosure Materials and Screening Required.

All waste receptacles, including dumpsters and compactors, must be enclosed on three (3) sides with a six (6) foot high masonry enclosure constructed of the primary building materials of the principal building on the site.

The enclosure shall also include a gate, made of wood or other high-quality material, as determined by the Planning and Zoning Commission, on the fourth side. If the waste receptacle is a dumpster, it must have an enclosing lid or cover.

All waste receptacles, associated enclosures and receptacle contents must be screened from public view.

Supplemental landscaping to screen the waste receptacle enclosure shall be provided.

General.

The waste receptacle base shall be at least nine (9) feet by six (6) feet in area, constructed of six (6) inches of reinforced concrete pavement.

The base shall extend six (6) feet beyond the waste receptacle pad or gate to support the front axle of a refuse vehicle.

Posts, bollards or bumpers shall also be provided to protect the enclosure from damage.

The shared use of receptacles shall be allowed by adjoining businesses where sharing will not create a health or safety concern and where it does not result in the accumulation of visibly excessive quantities of waste.

(Ordinance 99-0928-A adopted 10/12/21)

§ 10.05 Mechanical Equipment.

Applicability.

Any mechanical equipment or utilities and similar equipment associated with a commercial use, including water and gas meters, elevator housings, stairways, tanks, heating, ventilation and air conditioning equipment, and other similar equipment, shall comply with the requirements of this section.

Roof-Mounted Equipment Screening.

All roof-mounted equipment shall be screened by a solid wall or architectural feature that is compatible in appearance with the principal building; or the equipment shall be set back away from the edge of the building a distance sufficient to ensure that it is not visible from the public road or adjacent property. This requirement shall not apply to industrial buildings in an industrial district.

Ground-Mounted Equipment.

All ground-mounted equipment shall be screened by a solid wall, fence or landscaping. Landscaping must create a continuous screen with the starting size of the plant material equal to or greater than the height of the equipment at the time of planting.

(Ordinance 99-0928-A adopted 10/12/21)

§ 10.06 Recreational Ponds.

Applicability.

Any recreational pond that will be greater than 1000 square feet in surface area and is not regulated as a retention or detention pond (retention and detention ponds have their own set standards). A permit will be required for any existing pond that shall have its surface area increased by more than 1000 square feet or any new recreational pond over 1000 square foot in size.

Dimensional standards.

ROW Setbacks.

All ponds shall be separated from any road right-of-way by no less than fifty (50) feet, measured from the top of bank or the normal fixed pool if no defined top of bank is present, using the most restrictive right-of-way possible. The owner shall be responsible for verifying the right-of-way width with TXDOT or City of Bells having jurisdiction over said public road and provide this information to the Planning and Zoning Commission. Use of adequately designed guard rails, berms, or other structural measures are encouraged and may be considered in lieu of the above-noted setbacks to reduce the chances of vehicles sliding into the pond.

Property Setbacks.

If there is no pond bank, the high-water mark of the pond should be a minimum of 20 feet from all property lines. For ponds with banks, the embankment fill should be a minimum of 20 feet from all property lines. A variance to these setback requirements will be granted if a written agreement is established between affected property owners and be recorded in the County Recorder’s Office.

Ponds Between Adjacent Parcels.

Property owners may construct a pond across property lines if there is a written agreement established between affected property owners and recorded in the County Recorder’s Office.

Utility Setbacks.

Due to the safety considerations of the public and emergency rescue personnel, no pond temporary or permanent, shall be constructed under or within thirty (30) feet of any high-voltage electric line or utility pole. Variation from this policy shall require written approval from the affected utility provider.

Waste Setbacks.

Recreational Ponds must be 50 feet from any septic field. This includes septic fields of adjoining neighbors. If the pond has an overflow pipe, this would be measured from the normal pool level of the pond. If there is no overflow pipe, then the 50 feet would be measured from top of bank.

Design Elements Standards.

Rise/Run Safety Ledge.

Ponds shall have a horizontal safety ledge 6 to 8 feet in width be incorporated in which the water depth of the pond over the ledge does not exceed 18 inches anywhere within 6 - 8 feet of the normal water level of the pond or a security fence around the pond be incorporated as a safety precaution.

Artificial Water.

If there is added artificial water being drained to the pond from an outside source such as a geothermal system, pool, boiler, etc. the pond outfall must flow to an approved drainage conveyance such as a waterway, county-regulated tile, drainage easement or an arranged drainage agreement, or other City-approved drainage facility.

Detention Volume.

Ponds shall have a detention volume of no less than 6 inches (distance between primary outfall and emergency overflow should be a minimum of 6 inches). Greater detention depth may be required for approval based on the adequacy of the conveyance system.

Outflow Pipe.

Ponds should have an outfall pipe or overflow weir that discharges to an adequate capacity drainage conveyance such as a waterway, county-regulated tile, drainage easement or drainage agreement, or other approved drainage facility. If an acceptable drainage conveyance is not present and the outlet or weir opens onto the owner’s property where flow will discharge to an adjoining property, the outlet opening must be located at a distance from the property line equal to or greater than the largest length of the pond. This distance would be measured from the property line where the outfall water will flow to the outlet. Compliance with this provision shall not relieve the owner from any additional duties under Texas law with respect to the discharge of such water onto an adjoining property.

Excavation.

No excavation shall occur, and no fill shall be placed within 75 feet of any regulated drain unless authorized by the County Development Service. The excavated dirt from the pond shall not be placed within a floodplain or wetland. Pond can be constructed within floodplain, but no banks will be allowed.

(6)

Erosion/Sediment Control.

Installation and maintenance of appropriate perimeter erosion and sediment control measures to prevent adjacent lots from being damaged by runoff shall be installed. Adjacent lands disturbed by the pond construction must be repaired and stabilized with seeding or some other form of stabilization immediately. Any land disturbing activity occurring off of petitioners’ real property shall be pre-ordained by written agreement with the affected land owner. Erosion and sediment control measures for concentrated flow areas such as swales and pipe outfalls shall be seeding and measures that will be utilized to address disturbed ground. Storm sewer inlet protection measures must be undertaken if storm inlets are present.

(7)

Clean-Outs.

Contractor or owner must clean up of sediment that is either tracked or washed onto roads. Clearing of the sediment shall not include flushing the area with water. Cleared sediment must be redistributed or disposed of in a manner that follows all applicable State statutes and rules.

Site Plan Elements.

The application for a permit shall be accompanied by the following:

A description of the proposed development and legal description of the property site.

Plan review fee and inspection fee must be paid, with check or money order payable to City of Bells. Fees will be set by the adopted permit fee schedule.