Article V SITE DEVELOPMENT STANDARDS

The minimum lot width shall be measured at the building setback line, but in no case shall the minimum lot width at the front street line be less than forty (40) feet.

No lot existing at the time of passage of this Ordinance shall be reduced in width below the minimum requirements of this Section.

5-1.8

Lot Depth

Lot depth shall be calculated as the mean distance between the front and rear lot lines.

No lot existing at the time of passage of this Ordinance shall be reduced in depth below the minimum requirements of this Section.

5-1.9

Front Yard

The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory building.

Eaves and roof extensions may project into the required front yard for a distance not to exceed four (4) feet.

Where no front yard is required, all stairs, eaves, roofs and similar building extensions shall be located behind the front street right-of-way line or property line, and off-street parking facilities shall be equipped with stops or guards to prevent parked vehicles from being stored nearer than ten (10) feet to any curb and all such parking shall be behind the property line.

Where lots have double frontage, running through from one street to another, a required front yard shall be provided on both streets unless a building line or accessory building has been established along one frontage on the plat or by ordinance, in which event only one required front yard need be observed.

Gasoline service station pump islands:

That are parallel to the street shall not be located nearer than twenty (20) feet to the front property line;

That are perpendicular or diagonal to the street shall not be located nearer than thirty feet (30') (in order to prevent vehicles stacking into the street) to the front property line;

The outer edge of the canopy (related to the pump island) shall not be nearer than ten (10) feet to the front property line.

If buildings along the frontage of any street between two intersecting streets in any residential district have observed an average setback which is greater or lesser in dimension than the minimum front yard setback established for the district, then the average setback of all buildings fronting upon such street between two intersecting streets shall establish the minimum front yard requirement.

All vacant lots shall be assumed to have a minimum front yard specified for the district in computing the average front yard.

These provisions shall not be interpreted as requiring a front yard setback of greater than fifty (50) feet, nor shall they be interpreted as requiring any building to observe a front yard of more than ten (10) feet greater than the front setback observed by any building on a contiguous lot.

Where the frontage on one side of the street between two intersecting streets is divided into two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage from one intersecting street to the other.

Where a building line has been established by plat or ordinance and such line requires a front yard setback greater or lesser in depth than is prescribed by this Section for the district in which the building line is located, the required front yard shall comply with the building line established by such ordinance or plat, but in all cases a building line established by plat or ordinance shall recognize any established front yard existing in the block or on the periphery of the tract in which the land is located.

5-1.10

Side Yard

Every part of a required side yard shall be open and unobstructed by any building, except for the following:

Accessory buildings as permitted herein;

The ordinary projections of window sills, belt courses, cornices and other architectural features projecting no more than twelve (12) inches into the required street yard; and

A roof eave or canopy projecting not more than twenty-four (24) inches into the required side yard.

5-1.11

Rear Yard

Every part of a required rear yard and rear yard pen space shall be open and unobstructed to the sky from a point thirty (30) inches above the general ground level of the graded lot, except for accessory buildings, landscaping, fences and similar appurtenances and the ordinary projections of window sills, belt courses, cornices and roof overhangs and other architectural features projecting not more than four (4) feet into the required rear yard.

5-1.12

Building Coverage

Building coverage shall be calculated as the percent of a lot or tract covered by the roof or first floor of all buildings or structures located on the lot or tract. Roof eaves to the extent of two (2) feet from the walls of a building shall be excluded from building coverage computations.

5-1.13

Building Height

A story is defined as the vertical space between the successive floors of a building, including the space from the top floor to the roof. For the purpose of height calculations, stories that are entirely below the average established grade at the street line or the average natural front yard ground level, whichever is higher, shall not be counted in the height calculations.

Building height shall be measured as the vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to: (1) the highest point of the roofs surface if a flat surface; (2) the deck line of mansard roofs; or (3) the mean height level between eaves and ridge for hip and gable roof. Measurements shall exclude chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten (10) feet in height. If the street grade has not been officially established, the average front yard grade shall be used for a base level.

In the districts where the height of buildings is restricted, cooling towers, roof gables, chimneys and vent stacks may extend for an additional height not to exceed forty (40) feet above the average grade line of the building.

In the districts where the height of buildings is restricted, water stand pipes and tanks, church steeples, domes and spires, and school buildings and institutional buildings may be erected to exceed the height limitation, provided that one (1) additional foot shall be added to the required side and rear yard setbacks for each foot that such structures exceed the height limitation of the district.

In the Commercial and Highway Retail zoning districts, where not adjacent to a single-family residential zoning district (SF-E, SF-1, SF-2, SF-3, SF-4, PH, SF-A), buildings may be erected to exceed the height limitation, provided that one (1) additional foot shall be added to the required side and rear yard setbacks for each foot that such structures exceed the height limitation of the district.

In the Commercial and Highway Retail zoning districts, where adjacent to a single-family residential zoning district (SF-E, SF-1, SF-2, SF-3, SF-4, PH, SF-A), buildings may be erected to exceed the height limitation, provided that two (2) additional feet shall be added to the required side and rear yard setbacks for each foot that such structures exceed the height limitation of the district.

Refer to Article VII for additional height restrictions applicable to land within the vicinity of the Majors Field Airport.

5-1.14

Easement Setback

No building or sign shall be constructed closer than three (3) feet to an easement line.

(Ordinance 08-059, ex. A, adopted 5/27/09; Ordinance 09-011 adopted 2/10/09; Ordinance 09-089 adopted 12/8/09)

§ 5-2 Supplementary Regulations.

5-2.1

Residential Accessory Structures

Front Yard.

Accessory residential structures shall observe the same front yard setback that is required for the principal structure.

Side Yard.

There shall be a side yard not less than three (3) feet from any side lot line, alley line or easement line, except that adjacent to a side street the side yard shall never be less than ten (10) feet. Where a fire wall is provided, no side yard need be provided on one interior side of a lot only for accessory buildings located in the rear one-half of the lot.

Rear Yard.

There shall be a rear yard not less than three (3) feet from any alley line or easement line, except that if no alley or easement exists the rear yard shall not be less than ten (10) feet.

Height.

Residential accessory buildings 350 square feet or less shall not be higher than 16 feet. Height shall be measured from the ground to the peak of the roof.

In lieu of these height restrictions, accessory buildings 350 square feet of less may be constructed in manner that complies with all of the restrictions outlined under paragraph (F).

Size.

Residential accessory buildings may not be larger than 350 square feet except as allowed in paragraph (F).

Residential accessory buildings larger than 350 square feet, but in no case larger than 1,000 square feet, may be constructed subject to the following regulations:

Buildings must be located in the rear 1/2 of the lot, and must observe the same side and rear yard setbacks as prescribed for primary buildings in the zoning district in which the property is located.

The pitch of the roof must be equal to or greater than the roof pitch on the primary structure.

The exterior walls must be composed of similar materials as the exterior walls of the primary structure.

The maximum height may not exceed the maximum height for the zoning district in which the property is located.

5-2.2

Corner Visibility

In addition to the dimensional requirements set forth in the Section 5-1, on every corner lot, within the triangle formed by the property lines of such lot and a line drawn between points on such lines at the distances from the intersection thereof that are specified below, there shall be no fence or wall, other than an open wire fence, higher than three (3) feet nor any obstruction to vision between a height of three (3) feet and a height of ten (10) feet above the established grade of each street, or if no grade has been officially established, then above the average elevation of the existing surface of the street intersection, as follows:

For a corner lot having an interior angle of ninety (90) degrees or more at the street corner, thirty (30) feet;

For a corner lot having an interior angle of less than ninety (90) degrees at the street corner, thirty (30) feet plus one foot for every ten (10) degrees or major fraction thereof by which such interior angle is less than ninety (90) degrees.

The requirements specified in this Section shall not apply to United States mailboxes, police and fire alarm boxes, public utility poles, street name markers, official traffic signs and control devices, fire hydrants and tree trunks with a circumference not greater than five (5) feet.

5-2.3

Fence and Screening Regulations

Definitions

Animal husbandry:

The act or practice of cultivating crops and breeding and raising livestock; agriculture.

Expanded multifamily or nonresidential use:

An existing multifamily or nonresidential use shall be considered expanded when building square footage or parking area is increased by more than fifty percent (50%).

Fence:

An enclosed barrier erected or maintained on or within property lines for the purpose of enclosing, partitioning, screening, restricting access to or decorating the enclosed lot, parcel, building or structure, or divides any yard.

Front yard setback area:

An area extending the entire width of the lot, fronting on any street, between the front building line and the front lot line.

Game court:

a structure having a playing surface, paved or unpaved, with or without enclosing fences, designed to be used for playing or practicing tennis, badminton, volleyball, paddle tennis handball, baseball, batting, handball, racquetball, squash, basketball, or similar games.

Loading area:

Any entrance/exit into or out of a building that is used for the loading or unloading of materials by trucks or other vehicles.

Loading space:

Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles, and not considered as part of the minimum required off-street surface parking.

Lot, corner:

A lot located at the intersection of and abutting two or more streets. The rear yard of a corner lot abuts the rear yard of another corner lot.

Lot, double frontage:

A lot having frontage on two nonintersecting roads, as distinguished from a corner lot. Also known as a "through lot."

Lot, interior:

A lot having frontage on one road. The side and rear yard of an interior lot abuts other lots.

Lot, reverse corner:

A corner lot where the rear lot line is adjacent to a side lot line of an adjoining lot or across an alley from such side lot line.

New multifamily or nonresidential use:

A new multifamily or nonresidential use shall mean the conversion of a vacant lot or a lot formerly used for agricultural or residential uses to a multifamily or nonresidential use.

Nonconforming fence:

Any fence in existence on the effective date of this Section.

Parapet wall:

A building facade that rises above the roof level, typically obscuring a gable or flat roof as well as any roof-mounted equipment.

Penthouse screen:

A wall or other enclosure atop a building designed to conceal roof-mounted mechanical equipment or storage areas too tall to be hidden behind a parapet wall.

Screening:

A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, gates, parapet walls, penthouse screens, features of a building, or densely planted vegetation[.]

17.

Screening wall:

A brick or other masonry wall constructed in accordance with the standards and criteria set forth in the City’s Standard Construction Details.

18.

Single-family zoning or use:

Includes vacant or agricultural land with SF-E, SF-1, SF-2, SF-3, SF-4, PH or SF-A zoning; developed property containing single-family detached, single-family attached, or patio home uses; and vacant or agricultural land that is zoned Agricultural (A) and that is designated in the Future Land Use Plan for Medium or Low Density Residential use.

19.

Yard, front:

The yard extending the entire width of the lot, fronting on any street, between the nearest part of the principal building, including covered porches, but excluding roof overhang, and the front lot line.

20.

Yard, rear:

The yard extending the entire width of the lot between the nearest part of the principal building and the rear lot line.

21.

Yard, side:

An open, unoccupied space or spaces on one or more sides of a principal structure extending from the structure to the side property line.

Fence Requirements

Applicability:

All new, altered, modified, or reconstructed fencing shall comply with this section. Legal and nonconforming fences may be maintained without a permit; however any alterations, modifications, or improvements in excess of fifty percent (50%) of its replacement cost shall require conformance with this section.

Permits:

Each application for a permit shall be accompanied by the appropriate fee as determined in the fee schedule in Appendix A of the Code of Ordinances, as amended. The permit application shall include the following:

Site plan showing building locations and area to be fenced;

Height of fence and materials to be used (including color);

Intersections of streets, roads, highways, alleys, and driveways;

Corner visibility triangles, when required, shall be shown;

Zoning of subject and surrounding properties; and

Any other information deemed necessary by the building official.

Duty and responsibilities of permit applicants:

Permit applicants are responsible for the determination and location of easements, property lines, rights-of-way, and utilities prior to application for a permit and construction of fences.

Permit applicants shall be responsible for researching and complying with all private deed restrictions or private subdivision requirements.

Fence Standards:

Approved Materials.

Approved side and rear yard fence materials include wood, PVC (if specifically listed and manufactured as fencing materials), wrought iron, galvanized or vinyl coated chain link, stone, and masonry. Approved front yard fence materials include wood pickets, PVC pickets (if specifically listed and manufactured as fencing materials), vinyl coated chain link (green or black), and wrought iron. Galvanized chain link may be used in front yards for industrial security fencing.

Prohibited Materials.

Prohibited fencing materials include rope, string, wire products including, but not limited to chicken wire, hog wire, wire fabric, barbed wire (except as specifically allowed herein), razor ribbon wire and similar welded or woven wire fabrics, chain, netting, cut or broken glass, paper, metal panels, corrugated metal panels, galvanized sheet metal, plywood, fiberglass panels or plastic panels in any fence or any other materials that are not manufactured specifically as fencing materials. The building official may require the applicant to provide the manufacturer’s standards to establish the intended use of a proposed fencing material.

Barbed wire fencing shall only be permitted for industrial security fences and in conjunction with animal husbandry on lots greater than two (2) acres. Fence arms or posts with barbed wire shall not exceed three (3) strands. Fence arms shall not protrude over any property line.

Electrical fencing shall only be permitted in conjunction with animal husbandry on lots greater than two (2) acres. Electrical fence chargers must be UL approved and clearly marked with signage at a minimum of fifty-foot (50') intervals.

Wood fences shall be constructed using two and three-eighths inch (2-3/8") diameter galvanized steel vertical posts. Posts shall be spaced a maximum of eight feet (8') on center, set in minimum eighteen-inch (18") deep concrete footings. Stone or masonry columns are permissible substitutes for galvanized posts.

Height.

Residential fences shall not exceed eight feet (8') in height above the adjacent grade. Front yard fences shall not exceed four feet (4') in height, except in a designated rear yard on a double frontage lot.

Nonresidential fences shall not exceed ten feet (10') in height. Fences within the front yard setback shall not exceed four feet (4') in height, except in a designated rear yard on a double frontage lot.

Game court fences shall not exceed twelve feet (12') in height in or adjacent to a residentially zoned district or sixteen feet (16') in height in a nonresidentially zoned district. Game court fences are not allowed in the front yard.

All fences shall observe the height limitations within visibility triangles as specified in Section 5-2.2, Corner Visibility.

Private swimming pool fences shall be constructed to the minimum standards set forth in Article 10.04 Swimming Pools and the International Residential Code, as amended.

Notwithstanding other provisions of this section, the owner or operator of any school, church or park may erect upon school, church or park property a fence to protect any schoolyard, ball field or playground without a permit. Said fencing must be placed so as to not interfere with corner visibility triangles or other site distances.

Temporary fencing, including fencing used for the protection of excavation and construction sites, the protection of plants and trees during construction, and fencing used during special events shall be allowed without a permit for a maximum of sixty (60) days. Said fencing must be placed so as to not interfere with corner visibility triangles or other site distances.

(j)

Standards for fences erected in a Neighborhood Conservation District or in the Central Area Zoning District may be varied by the Planning and Zoning Commission and Main Street Advisory Board respectively, in order to maintain consistency in design.

(k)

All fences shall provide at least one (1) gate in its perimeter for access. When abutting an alley or easement, one (1) gate shall be installed to provide access to said alley or easement.

(l)

Fences shall not restrict access to fire hydrants or utility metering devices.

(m)

The finished side of a fence must face any public right-of-way or other public area.

(n)

Sufficient ground clearance shall be provided to prevent premature rot and to allow for proper stormwater drainage.

Screening Requirements

Applicability:

Screening devices shall be required at the time of a building permit, prior to the issuance of a Certificate of Occupancy, where new or expanded multifamily or nonresidential uses:

Adjoin single-family residential zoning or uses

Contain refuse areas or recyclable containers

Contain mechanical or utility equipment at ground level or rooftop equipment

Contain loading areas or spaces

Are specifically required to provide screening pursuant to Section 5-2, Supplementary Regulations.

Screening Standards:

Approved Materials.

Materials approved for screening walls are brick, stone, cementitious stucco, split-face concrete masonry units (CMU’s), and pre-cast or cast-in-place concrete with a similar appearance as brick, stone, or split-face CMU’s.

Prohibited Materials.

Use of wood, chain link, chicken wire, hog wire fencing, and any other material similar in appearance and quality is expressly prohibited. Any materials not listed, designed and constructed for fencing materials are also prohibited.

Height.

Unless otherwise specified herein, all required screening shall be no less than six feet (6') in height.

Screening between land uses.

Screening shall be provided along the common property line between new or expanded nonresidential or multifamily and single-family zones or uses. The screen shall take one of the following forms:

A screening wall combined with low shrubs planted on the exterior of the wall.

A decorative wrought iron fence with masonry columns augmented with evergreen trees and shrubs to provide a sufficient screen.

A ten-foot (10') wide bufferyard containing one of the following vegetative combinations:

Three inch (3") caliper pine trees (Afghan, Austrian, or Japanese Black or a combination thereof) placed in triangular spacing, in two rows, every fifteen feet (15').

One (1) row of three-inch (3") caliper Leyland Cypress trees every fifteen feet (15') and one (1) row of three-inch (3") caliper shade trees every fifteen feet (15') in triangular spacing.

Three-inch (3") caliper Hollies, Wax Myrtles, or Laurels placed in triangular spacing, in two rows, every eight feet (8').

Refuse areas or recyclable containers.

Refuse areas or recyclable containers shall be screened with a screening wall the greater of eight feet (8') in height or two feet (2') taller than the container being screened. The screening wall shall be architecturally compatible with the principle building(s) on site.

Compaction units shall provide a floor drain which ties into the sanitary sewer system.

Gates shall be constructed of metal, wood composite, or PVC composite. Wooden gates are not permitted as they do not sufficiently withstand daily use and abuse.

Where practical, shrubs and other plants shall be placed outside the enclosure to visually soften the appearance.

Mechanical and utility equipment.

Mechanical or utility equipment located on the ground shall be screened with a wooden fence or a continuous row of evergreen shrubs. Screen should be at least as tall as the equipment to be screened.

Mechanical or utility equipment located on the roof of buildings shall be screened from ground view with a parapet wall or penthouse screen. Screen should be at least as tall as the equipment to be screened.

Loading areas and spaces.

Loading areas and spaces shall be screened from view from rights-of way and other public areas and single-family zoning or uses with a screening wall with low shrubs or a continuous row of evergreen shrubs and trees which provide an uninterrupted six-foot (6') tall screen.

Other creative alternatives to the aforementioned requirements will be considered by the Community Development Director if the proposed screening alternative provides for a screening standard equal to or greater than that required.

Screening walls or any other type of screening device shall not be constructed within any portion of a utility or drainage easement unless specifically authorized by the City and by any applicable utility provider(s).

Termination of certain nonconforming fences and screening devices.

The following nonconforming fences and screening devices shall be removed or modified to comply with the provisions of this section within ninety (90) days of notification to eliminate every nonconformity:

Non-traditional fencing materials.

Any fence or screening utilizing, in whole or in part, any materials not listed, designed and constructed for fencing materials.

Public health, safety, and welfare.

Every nonconforming fence or screening that poses a threat to the health, safety, or welfare of any person or to the general public.

5-2.4

Single-Family Regulations

All single-family residential dwelling units shall have a roof pitch of at least five feet (5') of rise for every twelve feet (12') of run (a 5:12 roof pitch).

All single-family residential dwelling units shall be permanently attached to a reinforced concrete or pier-and-beam foundation that is permanently attached to the ground.

5-2.5

Patio Home Regulations

These regulations apply to the development of patio homes in any district in which they are permitted. In case of conflict, these regulations shall supersede the site development standards otherwise applicable in the district in which the patio home development is located.

The minimum lot area shall be five thousand (5,000) square feet.

The minimum lot width shall be fifty (50) feet; in the case of a corner lot, the minimum lot width shall be fifty-five (55) feet.

The minimum front yard setback shall be twenty (20) feet.

The minimum side yard setback shall be as follows.

Except for end lots abutting streets or other boundaries of the patio home development, all patio home lots shall provide one side yard of zero width and one side yard with a minimum width of ten (10) feet.

End lots shall provide a minimum side yard of ten (10) feet from adjoining property developed or zoned for a use other than patio homes.

Corner lots shall provide a minimum side yard of fifteen (15) feet from the street.

A minimum three (3) foot wide permanent maintenance easement shall be placed on the lot immediately adjacent to any zero lot line to enable the property owner to maintain the structure. Projections shall not exceed twenty-four (24) inches into the required easement.

No patio home shall be located within ten (10) feet of any other patio home.

Two off-street parking spaces shall be provided on each patio home lot.

Any patio home development shall provide usable common open space in an amount equal to at least ten (10) percent of the total area of the patio home development. Such open space shall be exclusive of street and alley right-of-way and/or easements, individually platted lots without open space easements, private yards and patios. The open space ratio shall be based on the total platted area in a patio home subdivision, excluding rights-of-way for major and secondary thoroughfares. At the time of Site Plan or plat approval, the approval body may give full or partial credit for open areas that exceed the maximum slope or which are otherwise unusable if it is determined that such areas are environmentally or aesthetically significant and enhance the development.

A property owners or homeowners association (HOA) is required for maintenance of useable common open space.

The building wall on the lot line shall be one hundred (100) percent masonry. No openings or penetrations shall be permitted in this wall.

5-2.6

Single-Family Attached Regulations

Single-family attached developments shall observe the following side yard requirements in all districts in which they are permitted.

The minimum required side yard adjacent to a street shall be twenty (20) feet.

The minimum required side yard adjacent to an end lot line not on a street shall be ten (10) feet.

No complex of attached single-family dwellings shall exceed two hundred (200) feet.

A minimum required side yard of five (5) feet shall be provided at the end of each single-family attached dwelling complex so that the end of any two (2) adjacent building complexes shall be at least ten (10) feet apart.

Single-family attached developments shall observe the following building coverage requirements in all districts in which they are permitted.

Not more than sixty (60) percent of a lot shall be covered by the main building and all accessory buildings, except as provided in (2) below.

If forty (40) percent of the total project area is reserved for open space and total project lot coverage does not exceed sixty (60) percent, the maximum building coverage for individual lots within such project shall be eighty (80) percent.

5-2.7

Multi-Family (MF) Regulations

Site Plan Approval.

Prior to receiving a building permit, an applicant for a new multi-family development shall submit a site plan for review and approval by the Planning and Zoning Commission. The site plan shall include all of the normal and customary information required for multi-family and nonresidential development projects. The Department of Community Development shall develop, and may amend from time to time, a site plan review checklist.

In the event the Planning and Zoning Commission denies approval of a site plan, or if the applicant disagrees with the terms and conditions of approval, the applicant may appeal such decisions to the City Council. Appeals shall be in writing and shall be submitted to the Director of Community Development within thirty (30) days of the date the decision is rendered by the Planning and Zoning Commission.

When considering a site plan, the Planning and Zoning Commission may attach reasonable and appropriate conditions (consistent with the requirements of this ordinance) to any decision to approve a site plan.

Useable Open Space Required.

All multi-family developments shall provide useable open space which equals or exceeds twenty percent (20%) of the gross platted area, excluding rights-of-way for collector and larger-sized streets. The following criteria shall be met with regard to this useable open space:

All MF units must be located within six hundred feet (600') of a usable open space area. The Planning & Zoning Commission may approve this distance to be increased to up to one thousand two hundred feet (1,200') if the shape of the MF development is irregular or if existing trees/vegetation on the site can be preserved by increasing the distance.

Individual usable open space areas shall be at least twenty thousand (20,000) square feet in size. Useable open space must be a minimum of fifty feet (50') wide, and must have no slope greater than ten percent (10%). At the time of Site Plan approval, the Planning & Zoning Commission may approve, full or partial credit for open areas that exceed the 10% maximum slope if it is determined that such areas are environmentally or aesthetically significant and that their existence enhances the development or the surrounding area.

Pools, tennis courts, walkways, patios and similar outdoor amenities may be located within areas designated as useable open space. Areas occupied by enclosed buildings (except for gazebos and pavilions), driveways, parking lots, overhead electrical transmission lines and easements, drainage channels and antennas may not be included in calculating useable open space.

Within useable open space areas, there shall be at least one (1) tree for every one thousand (1,000) square feet of space. New trees planted to meet this requirement shall be a minimum of three inches (3") in caliper.

5-2.8

Manufactured Home Park Regulations

These regulations apply to the development or expansion of manufactured home parks in the Manufactured Home Park District.

The minimum contiguous site area for a manufactured home park shall be five (5) acres.

A solid masonry screening wall, at least six (6) feet in height and meeting the standards of Section 5-2.3(B)(4), shall be installed and thereafter maintained along all boundaries of the manufactured home park except where the boundary of the manufactured home park abuts another manufactured home park.

Interior vehicle circulation shall be provided by private internal streets with a paving width of at least twenty-eight (28) feet and curb and gutter. Internal streets shall be continuous and connect with other internal streets or with public streets, or, shall be provided with a paved cul-de-sac having a diameter of at least eighty (80) feet. No internal street containing a cul-de-sac shall exceed four hundred (400) feet in length. All permanent construction within manufactured home parks shall conform to applicable City standards.

A minimum of two and one-half (2.5) off-street parking spaces shall be provided per manufactured home space, at least two (2) of which shall be located on each manufactured home space. The balance of the required parking may be located in common parking areas distributed throughout the manufactured home park, provided that no required parking spaces shall be located on private streets within the development. Each parking space shall be hard-surfaced with all-weather material (e.g., concrete, asphalt, etc.).

Each manufactured home park shall provide for safe pedestrian access to and among individual manufactured home spaces and/or common areas by providing paved sidewalks at least two (2) feet in width along one (1) side of each private drive within the manufactured home park.

Each manufactured home park shall provide a minimum of three hundred (300) square feet of open space per dwelling unit, with at least one hundred fifty (150) square feet of open space located on each individual manufactured home space. The balance of required open space may be located in common areas distributed throughout the park.

A minimum of twenty (20) percent of required open space area within each manufactured home park shall be devoted to and consist of plant material, including but not limited to grass, trees, shrubs, flowers, vines and other ground cover, native plant materials, planters, brick, stone, aggregate and other landscape features, but not including the use of smooth concrete or asphalt; provided, however, that the use of brick, stone, aggregate or other inorganic materials shall not predominate over the use of organic materials.

Each manufactured home park shall provide on-site common laundry facilities within an enclosed, permanent structure containing a minimum of four hundred (400) square feet of floor area.

Garbage dumpsters within a manufactured home park shall be located a minimum distance of fifty (50) feet from the nearest manufactured home space or dwelling unit. Garbage dumpsters shall be placed on concrete slabs and shall be completely screened from view by a solid wood or masonry wall or fence.

(K)

Manufactured homes located within a manufactured home park shall meet the following standards.

The wheels and tongue of the manufactured home shall be removed upon installation, unless completely shielded from view.

Skirting or concrete block perimeter foundations shall be required on all manufactured homes. Perimeter skirting shall consist of rust proof metal or water resistant wood materials. Skirting and other additions, when installed, shall be maintained in good repair.

All manufactured homes shall have permanent steps affixed to all entryways and exits.

All structural supports for manufactured homes shall be placed on an approved foundation as set forth by the City Building Code.

Each manufactured home shall have a minimum of three (3) of the following attributes:

A 6:12 pitch roof,

Multiple hips on the front elevation,

A width of at least twenty-eight feet (28'),

An attached garage,

Stone, masonry, or similar treatment comprising a minimum of 20 percent of the area of the front elevation,

The length is less than 2.5 times the width.

(L)

Unoccupied manufactured home spaces and vacant manufactured homes shall be maintained by the owner or operator of the manufactured home park.

(M)

The use of liquified natural gas in any of its forms within a manufactured home park is expressly prohibited.

(N)

Street lighting within the mobile home or manufactured housing park shall be provided by the developer along internal streets. Light standards shall have a height and spacing to ensure that an average illumination level of not less than two-tenths (2/10) footcandles shall be maintained.

(O)

The provision of utilities within manufactured home parks shall follow City ordinances and appropriate provisions of applicable Southern Standard Building Codes.

(P)

Manufactured Homes Only.

(Refer to the definitions of a mobile home and manufactured home within Section 2-2.) No mobile home shall by permitted to be established within the City limits of Greenville after adoption of this Zoning Ordinance. Only manufactured home units shall be permitted within the City limits of Greenville, meaning that any such home constructed prior to 1976 shall not be permitted to be established.

(Q)

Mobile Home Replacement.

(Refer to the definitions of a mobile home and manufactured home within Section 2-2.) Any mobile home that is deemed a legal, conforming use upon adoption of this Zoning Ordinance and that is in need of replacement after the adoption of this Zoning Ordinance shall only be replaced with a manufactured home, meaning that any such home constructed prior to 1976 shall not be permitted as a replacement.

5-2.9

Bed and Breakfast Inn Regulations

Health Permits.

All Bed and Breakfast establishments must be licensed and approved as a food service establishment by the city Public Health Division.

Bed and Breakfast Inn.

A site plan for such use shall show the following:

The location of the structure on the lot, the required parking, sign location, landscaping and any other exterior features.

A floor plan indicating the size and number of guest rooms, and a narrative description of the planned activities of the bed and breakfast inn.

Parking.

One (1) off-street parking space per guest room, and one (1) off-street parking space for employees shall be provided in addition to the required off-street parking for the owner or operator.

Screening Wall.

A Bed and Breakfast establishment in a nonresidential zoning district which abuts a residential zoning district must comply with the residential screening wall requirement in Article V, Section 5-2.3(B) of this ordinance.

Special Regulations for All Residential Zoning Districts.

All residential Bed and Breakfast establishments must be occupied by the owner and shall have no more than five (5) guest rooms (or maximum occupancy will be recommended by the Planning and Zoning Commission and established by City Council). Cooking facilities in guest rooms are prohibited.

No Bed and Breakfast establishment in a residential or agricultural zoning district may be located on any lot within a five hundred (500) foot radius of a lot occupied by or permitted as a Bed and Breakfast Inn.

Two-deep tandem parking is allowed; however, except for the driveway, the front yard shall not be used for parking.

If off-street parking is provided in the side or rear yards, the applicant shall provide a six (6) foot solid wood fence or screening wall in accordance with Article V, Section 5-2.3(B)(4) of this ordinance along the side and rear lot lines where off-street parking would be visible to adjacent property.

Individual guest occupancy shall be limited to no more than fourteen (14) days in a single thirty (30) day period.

No signs shall be permitted in residential districts except for one nameplate attached flat to the building and/or one mail box sign; not exceeding two (2) square feet and consisting of the name of the establishment only. Sign lighting shall be restricted to low-intensity indirect lighting, illuminating the surface of the sign only.

Catering, meetings, receptions, or private parties for which remuneration is received, are not permitted except by Conditional Use Permit as outlined below:

The City Council may approve a Conditional Use Permit for catering, meetings, receptions, or private parties for which remuneration is received for a bed and breakfast inn regulated by this section, where the Council determines that approving a Conditional Use Permit would be consistent with the criteria outlined in Section 8-4.5(B) [8-5.4(A)] of the Zoning Ordinance, and that adequate off-street parking will be provided to accommodate the proposed activities.

Where a Conditional Use Permit is approved under this section, off-street parking shall be provided on-site or on adjacent property in an amount equal to one (1) space for every one hundred (100) square feet of floor area devoted to such meetings, receptions, or private parties. In approving a Conditional Use Permit, the Council may require additional off-street parking where it determines additional parking will be necessary to accommodate the proposed activities. Where off-site parking is provided on adjacent property, such parking shall be provided in accordance with the contractual requirements in Section 5-3.6 of the Zoning Ordinance.

The principal building must appear outwardly to be a single-family dwelling, giving no appearance of a business use other than the allowed sign(s) and off-street parking.

5-2.10

Automobile Repair Garage

When such use is conducted in the GR, General Retail district, such use shall be indoors only.

5-2.11

Cargo Trailer Sales or Rental

Trailers offered or displayed in a GR, General Retail District shall not exceed twenty (20) feet in overall length.

5-2.12

Home Occupation

A home occupation shall comply with the following:

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five percent (25%) of the floor area of the dwelling unit shall be used in the conduct of the Home Occupation.

A Home Occupation may provide on-site service to customers, but may not offer any commodity for sale on the premises.

The operation of a Home Occupation may not cause a change in the outside appearance of the building or premises, or result in any other visible evidence of the conduct of such home occupation other than an Occupational Sign, not exceeding one square foot in area, non-illuminated, and mounted flat against the wall of the principal building.

No traffic shall be generated by such Home Occupation in greater volumes than would normally be expected in a residential neighborhood. Any need for parking generated by the conduct of such home occupation shall be met off the street. Not more than two (2) patron or business-related vehicles shall be present at one time.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

A home occupation shall specifically exclude the operation of a bed and breakfast inn, doctor’s office, hospital, health club, tea room, palm reading, kennel, repair garage, plumbing shop, or similar activity.

5-2.13

Outside Storage

The minimum setback for any outside storage area from the right-of-way line of any arterial or collector roadway shall be one hundred and fifty feet (150'), unless such area is screened to one hundred percent (100%) opacity with a masonry screening wall that matches the primary on-site building.

5-2.14

Outside Display

Except as provided in (C) below, all display areas out of doors shall:

Be confined to a pedestrian walkway immediately adjacent to the building housing the primary use,

In the Central Area zoning district display items may not obstruct the public sidewalks or rights-of-way except that in connection with certain community events, the City Manager may authorize sidewalk sales where merchandise may be temporarily displayed on the adjacent public walk-way provided that an adequate pedestrian access is preserved. An adequate pedestrian access shall be an unobstructed thirty-six inch (36") walkway.

Not extend from such building a distance of more than twenty feet (20'), and

Be located wholly under a permanent part of a main business building such as a marquee, provided that adequate pedestrian access is maintained. Adequate pedestrian access shall be an unobstructed thirty-six inch (36") walkway.

The temporary sale of Christmas trees and products associated with celebration of holidays or national events (e.g., Hanukkah, Presidents’ Day, Easter, etc.) shall be permitted for a period of forty-five (45) days prior to the day of the holiday celebration.

The sale of goods in relation to special, local, or store events (e.g., spring sale, Party on the Grand, civic club event, etc.) shall also be permitted, but shall be limited to two (2) events per calendar year, not to exceed a sale period of more than sixty (60) days. The Building Official shall issue a permit for such sale when he finds:

That there is an adequate off-street parking area and the permit allows such display to be within such parking area; and

That the location and layout of drives and parking areas, of lighting, and of temporary sales signs will not constitute a hazard to public traveling to the abutting public streets and will not obstruct the visibility along such streets.

No other type of outdoor activity or uses shall be permitted without a permit issued by the City’s Building Official.

Outside display items shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

5-2.15

Custom Craft (fabrication and assembly)

Where such businesses are located in the Central Area (CA) zoning district and the building in which the business operates faces Lee St., Washington St., Johnson St., Stonewall St., or Wesley St.; a space, located at the front of the building, must be used for the retail sale and/or display of the finished products or goods produced by the business. The retail sale and/or display area is must be equal in size to at least twenty percent (20%) of the gross floor area of ground floor of the building, and must occupy a space measuring at least ten (10) feet in depth behind the front door, running the entire width of the building frontage[.]

5-2.16

Automobile Storage Yard

In relation to this use, there shall be no dismantling on the premises and all outside storage areas shall be enclosed by a screening device. There shall also be no sales, wholesale or retail; hourly or daily parking; repairs, maintenance or fueling; vehicle dismantling; or wrecking and salvage yards.

5-2.17

Recycling Facilities and Uses

All Facilities, Centers or Containers.

Mobile collection centers for secondhand goods, mobile redemption centers, material recycling facilities, reverse vending machines, material recycling collection containers and distribution facilities for recycling containers shall be located and maintained in accordance with the following provisions:

The facility, center, or container shall meet all front, rear and side yard setback requirements of the district in which such facility, center, or container is located. A building permit in the amount of twenty-five dollars ($25.00) is required from the Building Official for each facility, center or container, and franchise fees may be applicable.

The facility, center or container may be located on parking spaces, if such spaces are not necessary to meet the minimum parking requirements of the main use of the lot or parcel.

Such facility, center or container shall not be located within nor encroach upon a fire lane, maneuvering aisle, vehicle stacking space or required landscaping areas. The location of such facility, center or container shall comply with applicable codes and ordinances of the City of Greenville.

It shall be the responsibility of the owner of the property upon which such facility, center or container is located to ensure compliance with the provisions of this ordinance.

Where a material recycling facility constitutes the principal use on a lot or parcel, such facility shall comply with all applicable requirements of the district in which it is located.

All material collected and stored must be completely contained within an approved collection container as outlined in (B)(1) of this section. In no instance shall the collected or stored material within the container be stacked to exceed the height of the collection container. Such container shall be equipped with a lid or tarp that completely covers any opening utilized for the deposit of materials. No materials shall be stored outside of the container and monitoring must exist to ensure compliance with this section.

No facility, center, or container shall be used to collect hazardous waste except under the following conditions:

An application must be made to the City Manager for the collection and removal of hazardous waste. The application shall state:

Name and address of company, person, partnership, business, or corporation requesting permission to collect, haul and dispose of hazardous waste, including parent office, and listing the names and addresses of the President, Vice-President and Registered Agent for Service and place of incorporation. If partnership, name and address of all general partners or name and address of principal(s) involved.

A detailed statement of the nature of the collection activities; number of personnel and equipment; length of time to perform activity.

Evidence of financial responsibility and/or insurance from a company licensed to do business in Texas in the amount of $2 million for claims made on a per occurrence basis to cover all activities incident to the collection and disposal of hazardous waste for the period requested.

Any licensing or other certification held by company for removal of hazardous waste.

A performance record indicating prior experience in hazardous materials removal, with three (3) references, including names and addresses.

Upon receipt of application, the City Manager or his or her designee will issue a permit when all requirements of this section and the ordinance have been met. The permit will be issued for a period not to exceed ten (10) calendar days. If the City Manager fails to issue a permit, he or she shall do so in writing and the applicant may appeal to the City Council by filing a written appeal with the City Secretary within five (5) days after denial of permit. The City Council will hold a hearing to determine whether the permit should be issued. The decision of the council shall be final.

All collection containers and recycling activities must meet applicable federal, state, and local laws.

It shall be unlawful to place any item in a recycling container which is not designated for such use or is an improper material for such container.

Material Recycling Collection Container.

The maximum size of a material recycling collection container in any district shall be sixty (60) cubic yards, provided, however, that a recycling collection container in excess of three (3) cubic yards shall not be located adjacent to, nor within seventy-five feet (75') from any residentially zoned district, except as allowed by governmental, church, educational, and institutional uses. Educational uses include both public and private schools, vocational training schools, etc. Institutional uses include: hospitals, nursing and convalescent homes, health care facilities.

The sale of leasing of goods collected or stored at a material recycling collection container shall be prohibited at the collection container.

Material recycling collection containers shall be clearly marked to identify the type of material which may be deposited. Such collection container shall be marked to identify the name and telephone number of the firm(s) or person(s) responsible for the removal of collected materials and shall display a notice stating that no material shall be left outside of the collection container.

In districts where all activities must be located within an enclosed building, such provisions will be amended to accommodate collection containers, to the degree necessary.

Mobile Collection and Redemption Centers

The sale or leasing of goods collected or stored at a mobile collection center or mobile redemption center shall be prohibited at the collection and redemption center.

A mobile collection center for secondhand goods and mobile redemption center shall be clearly marked to identify the type of material which may be deposited. Such collection and redemption centers shall be marked to identify the name and telephone number of the firm(s) or person(s) responsible for the removal of collected materials and shall display a notice stating that no material shall be left outside of the collection trailer or vehicle.

Not more than one (1) truck, van, trailer, or other vehicle constituting a mobile collection center or mobile redemption center shall be permitted on a lot, parcel, or shopping center as herein defined.

5-2.18

Scrap Metal Salvage Yard

All scrap metal salvage yards must be screened by a minimum of eight (8) foot screening wall or fence constructed of solid masonry, concrete, or corrugated sheet metal. The operator of a scrap metal yard shall be responsible for maintaining the fence in good repair and keeping it free from graffiti. The Planning and Zoning Commission may recommend, and the City Council may require, a fence higher than eight (8) feet.

All scrap metal material shall be stored in such a manner as to have no visible exposure from a public street, abutting properties, or above the fence.

The operator of a scrap metal salvage yard shall comply with all applicable state and federal laws that may regulate this type of industrial activity. Such regulations may include but are not limited to the NPDES portion of the Clean Water Act and Section 608 of the Clean Air Act, which regulates the removal of refrigerants from refrigerators and air conditioning units.

Prior to receiving a Conditional Use Permit, the applicant shall provide the City of Greenville with proof of compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES). As part of the NPDES program, the operator of a scrap metal salvage yard must:

submit a notice of intent (NOI) to obtain coverage under a NPDES storm water general permit;

prepare a pollution prevention plan; and

comply with all analytical and visual monitoring requirements.

The operator of a scrap metal salvage yard shall not allow pollutants to be discharged into the storm or sanitary sewer system.

If at any time a permit is granted, there are violations of any of the conditions of this section, the Conditional Use Permit shall be called for reconsideration.

5-2.19

Reverse Vending Machine

Such machine shall have a maximum eight of ten feet (10'), a maximum ground coverage of one hundred fifty (150) square feet, and a maximum storage capacity of three thousand (3,000) pounds.

5-2.20

Stable (Private)

Such use shall be set back at least one hundred (100) feet from all adjacent property lines.

There shall be a minimum area of one (1) acre on-site for each animal quartered within such stable.

5-2.21

Swimming Pool Private

Such use shall not be operated as a business nor maintained in a manner to be hazardous or obnoxious to adjacent property owners.

A private swimming pool shall be considered an accessory building, and shall adhere to all requirements thereof, including setbacks.

5-2.22

Travel Trailer Sales or Display

When travel trailers are displayed and/or offered for sale in a GR, General Retail District, such trailers shall not exceed eight (8) feet in overall width nor thirty-five (35) feet in overall length.

5-2.23

Welding Supply Stores

Welding supply businesses that include the sale of industrial, specialty, and medical gases, including Oxygen, Acetylene, Nitrogen, Argon, Carbon Dioxide, Helium, Chlorine, Liquid Nitrogen, Nitrous Oxide, are classified in the Permitted Use Schedule (refer to Section 4-1.7) as "Welding Supply Store (with gas)", provided that the pressurized gas containers are not filled on site.

5-2.24

Beer, Wine and Liquor Retail Sales.

Businesses that engage in beer, wine, and liquor sales must satisfy all distance requirements of Article 6.08 of the City of Greenville Code of Ordinances.

The city council may grant a variance to the distance regulations in accordance with then-applicable state law if the city council determines that enforcement of those regulations in a particular instance is not in the best interest of the public, constitutes waste of inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the city council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community.

Any pre-packaged liquor retailer’s premises shall be a Separate Premises, as defined in Article [Section] 6.08.001 of the City of Greenville Code of Ordinances.

5-2.25

Alternative Financial Services:

A lot containing an alternative financial service shall be located at least 1,000 feet from any lot containing another alternative financial service, as measured in a straight line between the nearest points of one lot to the other lot.

5-2.26

Alternative Personal Services:

A lot containing an alternative personal service establishment shall be located at least 1,000 feet from any lot containing another alternative personal service establishment, as measured in a straight line between the nearest points of one lot to the other lot.

The privilege to continue a nonconforming alternative personal service establishment shall cease and such use shall terminate whenever any of the following occur:

A certificate of occupancy for a change of owner, occupant, tenant, or business is issued.

The certificate of occupancy for the use is relinquished, canceled, or terminated in accordance with other applicable ordinances.

5-2.27

Bail Bond Services:

A Conditional Use Permit is required to operate a bail bond service establishment and is subject to the following supplemental requirements:

A lot containing a bail bond service shall only be located on property zoned for Commercial, Light Industrial or Heavy Industrial and shall be no more than 1,000 feet from the Hunt County Justice Center property boundary.

Bail bond services may be allowed in the Central Area, provided that:

These establishments do not occupy street level storefronts in the Central Area; and

The 1,000-foot spacing requirement specified in 5-2.27(A)(1) above is met.

Only one bail bond service is allowed per lot.

5-2.28

Hotel Design Standards

Accessibility.

Guest rooms shall only be accessible from interior hallways, which are accessed via a central lobby area contained within the hotel.

Building Materials

All new construction shall have an exterior facade of a minimum of eighty percent (80%) acceptable masonry wall construction, as specified in Section 5-7. Facades that face or side any public street or single-family zoning district shall be constructed of one hundred percent (100%) acceptable masonry wall construction. The remaining twenty percent (20%) shall be of materials with contrasting color, texture, or design.

All roof material for pitched roof designs shall be either architectural textured minimum 25-year warranty composition shingles, standing seam metal, or tile. All roof materials for flat roof designs shall provide an equivalent level of protection in the opinion of the building official. Wood roof shingles are not permitted.

Site Design

Landscaping, signs, fencing, screening, and lighting shall comply with all other City of Greenville ordinances.

Any parking designated for trucks, recreational vehicles, or other larger vehicles shall be placed in a location not to be visible from public rights-of-way or residentially zoned property.

Exterior equipment, including but not limited to air conditioners, pool equipment, satellite dishes over thirty-six inches (36") tall, etc., shall be screened from view from adjacent rights-of-way or residentially zoned property by a solid fence or dense landscaping.

Vehicular use areas, including drives, parking areas, loading areas, etc., shall be paved with concrete as outlined in the City’s Standard Design Manual.

Provisions for cross-access and shared-entry driveways shall be required.

Building Design

Building articulation shall be included on all facades.

A porte-cochere or other covered drop-off area shall be provided immediately adjacent to the formal entrance nearest the registration desk large enough to accommodate at least two (2) vehicles for guests to check in or out.

Site Facilities

Number of Rooms.

A full service hotel shall provide at least one hundred (100) guest rooms. A limited service hotel shall provide at least eighty (80) guest rooms.

Conference and Meeting Rooms.

There shall be at least fifty-five (55) square feet of interior floor area per guest room devoted to conference and meeting rooms in full service and limited service hotels.

Amenities.

All hotels shall provide a swimming pool with a minimum surface area of eight hundred (800) square feet. A full-service hotel shall also provide other recreational facilities with a minimum combined area of one thousand (1,000) square feet such as, but not limited to, exercise rooms, game courts, spas, or other game areas.

Restaurants and Food Service.

Full service hotels shall provide a full-service restaurant with full kitchen, cooking and service staff on premises and be open to the general public for breakfast and dinner with seating for at least thirty (30) customers.

(Ordinance 08-059, ex. A, adopted 5/27/08; Ordinance 10-026 adopted 3/9/10; Ordinance 10-099 adopted 10/12/10; Ordinance 11-005 adopted 1/11/11; Ordinance 11-025 adopted 4/12/11; Ordinance 13-057 adopted 8/27/13; Ordinance 20-049 adopted 8/11/20)

§ 5-3 Off-Street Parking and Loading.

5-3.1

General Requirements

No building shall be erected nor shall any land or existing building be put to any use unless the proposed and actual use of the building, structure and/or land includes off-street parking and loading areas consistent with the requirements of this ordinance, except as provided in (B) below.

Development within the Central Area (CA) district shall not be required to comply with this Section of the Zoning Ordinance, nor with Table 3. There shall be no off-street parking required for development in the CA district.

No loading area or access drives to serve such loading area shall be considered as required parking area. No parking area or access drives to serve such parking area shall be considered as required loading area.

Floor area devoted to off-street parking of vehicles shall be excluded in computing the off-street parking and loading requirements of any use.

In computing the parking requirement for any building or development, the total parking requirement shall be the sum of the specific parking space requirements for each class of use included in the building or development.

Parking and loading areas existing prior to the effective date of this Ordinance shall not be reduced below the minimum number required by this Ordinance.

5-3.2

Off-Street Parking Requirements

Table 3 Off-Street Parking Requirements
USE CLASSIFICATION	MINIMUM SPACE REQUIREMENTS
Dwelling, single-family	Two (2) spaces per dwelling unit
Dwelling, single-family attached, patio home, and manufactured home	Two and one-half (2.5) spaces per dwelling unit, with a minimum of two (2) spaces provided on each lot or manufactured home space
Dwelling, multi-family
Efficiency unit	1-1/2 spaces
One-bedroom unit	2 spaces
Two-bedroom unit	2-1/2 spaces
Three-bedroom unit, or more bedrooms	1 space per bedroom
Assisted living facility	One and one-half (1.5) spaces for each dwelling unit, plus any additional spaces for accessory retail, office, service or recreational uses
Auto service garage	One (1) space per 400 square feet of floor area
Auto sales and/or lease (new and/or used automobiles)	One (1) parking space for each five hundred (500) square feet of indoor space, plus one (1) parking space for each one thousand (1,000) square feet of exterior lot area used for storage and/or sales, plus one (1) parking space per repair bay in service areas, indoors or outdoors, plus one (1) parking space per service or towing vehicle to be stored on-site. Required parking spaces are in addition to those to be used for the storage or display of vehicles for sale or lease.
Bank, savings and loan or similar financial establishment	One (1) space per 300 square feet of floor area
Bowling alley	Five (5) spaces per bowling lane
Clinic or doctor’s	One (1) space per 200 square feet of floor office area, with a minimum of five (5) spaces
Churches	One (1) space per three seats in the main sanctuary
Commercial indoor	One (1) space per 100 square feet of floor amusements, including area pool hall and coin operated arcade
Commercial outdoor	Ten (10) spaces, plus one (1) space per 500 square feet of area over 5,000 square feet
Convenience store (no indoor dining area)	One (1) space per two hundred (200) square feet of floor area. One half (1/2) of the parking spaces available within the gas pump areas may be uses to calculate the number of off-street parking spaces provided. At least four (4) spaces outside of those available within the gas pump areas shall be provided.
Convenience store (with indoor dining area)	One (1) space per two hundred (200) square feet of floor area used for retail sales of merchandise including support rooms such as storage, kitchen restrooms etc.; plus one space for every 100 square feet of floor area used for food service including support rooms such as storage, kitchen restrooms etc. One half (1/2) of the parking spaces available within the gas pump areas may be uses to calculate the number of off-street parking spaces provided. At least four (4) spaces outside of those available within the gas pump areas shall be provided.
Dance, assembly or exhibition hall for assembly or dancing	One (1) space per 100 square feet used without fixed seats, plus one (1) space per three (3) seats of any fixed seat area.
Day care center	One (1) space per ten (10) pupils, based upon maximum occupancy and licensing capacity, plus one (1) space per teacher, plus one (1) space for each bus or van stored on the property.
Distribution facility for recycling containers	Minimum of two (2) spaces required.
Furniture and large appliance sales and service	Two (2) parking spaces plus one (1) additional parking space for each three hundred (300) square feet of floor area over one thousand (1,000) square feet.
Gasoline service station	Minimum of six (6) spaces.
Golf course	Four (4) parking spaces per hole or green plus requirements for retail, office, and club house areas and one (1) space per each two (2) employees.
High school, college or university	One (1) space per classroom or instruction area, plus one (1) space per four students.
Hospital	One (1) space for each two (2) beds or examination room, whichever is applicable; plus one (1) space for every two (2) employees (based on full occupancy).
Hotel or Motel	One (1) space per room (or as provided below) for the first two hundred fifty (250) rooms and .75 space per room for each room over two hundred fifty (250), plus one (1) space per five (5) restaurant/lounge area seats (based upon maximum occupancy), plus one (1) space per one hundred twenty-five (125) square feet of meeting/conference areas, plus the following: One and one-tenth (1.1) spaces per room that contains kitchenette facilities. Two (2) spaces per guest room provided with full kitchen facilities plus parking for restaurant and meeting areas per the ratio stated in this paragraph. One (1) space for every two (2) employees during peak (busiest) time periods when the hotel/motel is fully occupied.
Institutions of a philanthropic nature	Ten (10) spaces, plus one (1) space per employee
Kindergarten or pre-school (public or private)	One (1) space per eight pupils
Library or museum	Ten (10) spaces, plus one (1) space per 300 square feet of floor area in excess of two thousand (2,000) square feet
Lodge or fraternal organization	One (1) space per 200 square feet
Lumberyard	One (1) space per 200 square feet of floor area, plus one (1) space per yard employee
Manufacturing processing or repairing	One (1) space per two employees or one (1) space per 1,000 square feet of floor area, whichever is greater
Material recycling	None required collection container
Material recycling facility	(a) minimum of four (4) spaces, plus one (1) facility space for each 1,000 square feet of processing space, excluding outside storage areas; or (b) minimum of four (4) spaces, plus one (1) space for each two (2) employees (maximum employees on duty at day or night). Whichever is the greater of (a) and (b) plus the applicable standard for parking for each non-processing use, such as offices
Medical or dental office	One (1) space per two hundred (200) square feet of floor area. Facilities over 20,000 square feet shall use the parking standards set forth for hospitals.
Mini-Warehouses	Four (4) spaces plus one (1) additional parking space per ten thousand (10,000) square feet of storage area
Mobile collection center for secondhand goods	Minimum of two (2) spaces required
Mobile redemption center	Minimum of two (2) spaces required
Mortuary	One (1) space per three seats in the chapel
Nursing home	One (1) space per six (6) beds; plus one (1) parking space for each three hundred (300) square feet of floor area devoted to offices, cafeterias, exercise/therapeutic rooms, and other similar ancillary uses; plus one (1) space for every two (2) employees (based on full occupancy)
Offices, general	One (1) space per 300 square feet of floor area, with a minimum of five (5) spaces
Private event/meeting hall	One (1) space per one hundred (100) square feet of floor area.
Recreational, private or commercial area or building (other than listed)	One (1) space per four persons normally accommodated in the establishment (based on full occupancy)
Restaurant, café, cafeteria or private club	One (1) space per 100 square feet of gross floor area, including indoor and outdoor areas and patio dining areas, or one (1) space for every three (3) seats under maximum seating arrangement, whichever is greater.
Retail or personal service	One (1) space per 200 square feet of floor area, with a minimum of five (5) spaces. For any retail use or structure over fifty thousand (50,000) square feet in size, the maximum number of spaces shall be one (1) space per two hundred and fifty (250) square feet.
Reverse vending machine	Minimum of one (1) space required
Schools, athletic stadium on campus	One (1) space per five (5) seats
Schools, elementary or junior high	One (1) space per classroom, plus one (1) space per four (4) seats in any auditorium, gymnasium or other place of assembly
Storage or warehousing	One (1) space per two employees or one (1) space per 1,000 square feet of floor area, whichever is greater
Theater, meeting room, or place of public assembly.	One (1) space per three (3) seats

5-3.3

Parking Requirements for New or Unlisted Uses

Where questions arise concerning the minimum off-street parking requirements for any use not specifically listed, the requirements may be interpreted as those of a similar listed use.

In the event that a determination of minimum parking requirements cannot be readily ascertained for new or unlisted uses or where uncertainty exists, a determination shall be made by the Community Development Director, in accordance with the requirements for the most closely related use specified in this Section. In the event the applicant disagrees with this determination, then a written request may be submitted by the applicant for the determination to be made by the same process as provided under this Ordinance for classifying new and unlisted uses. Such determined parking requirement shall then be amended into this Zoning Ordinance in the same manner as a zoning amendment (text amendment).

5-3.4

Parking Requirements for Revised or Additional Uses

Whenever, after issuance of a certificate of occupancy, in any building there is a change of use, or an increase in floor area, number of employees, seating capacity, number of dwelling units or other unit of measurement used for the determination of required off-street parking spaces, additional parking facilities shall be provided on the basis of the increased requirements of the new use or other unit of measurement.

In the event that such change in use creates a need for an increase in off-street parking spaces of less than five (5) percent of parking facilities or less than five (5) spaces, whichever number is greater, no additional parking facilities shall be required.

5-3.5

Parking Lot Design Standards

Minimum stall size, dimensions perpendicular and parallel to the direction of parking, shall be nine (9) feet by twenty (20) feet.

Minimum dimensions for various parking angles and aisle widths within parking lots shall be as follows and as shown in Figure 1, below, and Figure 2 through 5, on the following page[s].

For ninety (90) degree parking angle, two-way traffic, minimum aisle width shall be twenty-four (24) feet.

For sixty (60) degree parking angle, one-way traffic, minimum aisle width shall be seventeen and one-half (17.5) feet; two-way traffic, minimum aisle width shall be twenty (20) feet.

For forty-five (45) degree parking angle, one-way traffic, minimum aisle width shall be twelve (12) feet; two-way traffic, minimum aisle width shall be twenty-two (22) feet.

5-3.6

Location of Parking Areas

Off-street parking required by this Ordinance shall be provided on the same lot or tract as the principal use for which the parking is required, except as provided in (B) below.

Where cooperative provision of off-site parking is established either by contract or the use of two (2) or more lots owned by the same person, then the parking required for the principal use may be provided on an immediately contiguous lot or tract, or within one hundred fifty (150) feet of the principal use, as measured along routes normally available to those who park there.

Off-site parking shall be in a zoning district in which the principal use located on the principal lot would be a permitted use; with the exception that parking accessory to any single-family attached, multi-family or institutional use may be located in any nonresidential zoning district.

Where off-site parking is established by contract, the contract shall make the off-site parking lot or lots available for cooperatively provided parking for a minimum of ten (10) years and grant subsequent options for two (2) additional five-year periods. A copy of such contract, properly executed, shall be filed with the City Planner.

Where off-site parking is established on a secondary lot or lots owned by the owner of the lot on which the principal use is located, the secondary lot or lots may not be used for any purpose other than parking required for the principal use unless there is sufficient room for the cooperatively provided parking, any use which may be placed on the secondary lot or lots, any parking required for the use placed on the secondary lot or lots and any other requirements of this Ordinance.

The continuance of the principal use shall be contingent upon the continuance of the cooperatively provided off-site parking or the substitution of other parking consistent with the terms of this Ordinance.

No off-street parking shall be located so as to permit any part of a parked vehicle to extend across the property line nor shall any portion of a parked vehicle be so located as to be nearer than ten (10) feet to any street curb.

Except in the CA, Central Area District, no off-street parking space shall be located so that a portion of the public street is required for maneuvering into or out of such parking space.

5-3.7

Shared Parking

The Planning and Zoning Commission may authorize a reduction of not more than fifty (50) percent of the parking requirement for mixed use projects or nearby uses with distinctly different peak parking demand characteristics or hours of operation, in accordance with this Section.

A request for approval of shared parking shall be accompanied by such information determined by the City Planner as necessary to evaluate the relevant factors listed in (E) below, including but not limited to a description of the uses, a Site Plan and a contract agreement as described in (D) below.

All parking spaces subject to this adjustment shall be located in a parking facility providing reasonably equivalent accessibility and usability to all uses which the parking is intended to serve.

In cases where the uses for which shared parking is requested are located on lots under different ownership, a contract pursuant to Section 5-3.6(D) shall be provided.

In determining whether to approve a reduction for shared parking, the Planning and Zoning Commission shall consider all relevant factors, including:

The characteristics of each use and the differences in projected peak parking demand, including days or hours of operation.

Potential reduction in vehicle movements afforded by multipurpose use of the parking facility by employees, customers, or residents of the uses served.

Potential improvements in parking facility design, circulation, and access afforded by a joint parking facility.

The report and recommendation of the City Planner.

5-3.8

Parking in Residential Districts

Improved Parking Service.

Definitions.

As used in this section, the following terms shall have the respective meanings ascribed to them:

Residential District.

All land used for residential purposes regardless of the zoning district designation, in addition to residential zoning districts.

Standard Driveway.

The improved parking surface between the street or alley and the garage, carport or residential structure, which is to be no wider than the width of the garage or carport which it serves, or 22 feet, whichever is greater, or a paved circular driveway which is intended to facilitate easier access to the main entrance of the premises.

A continuous area used for the movement, parking or storage of a vehicle(s) that is overlaid or otherwise paved to a minimum standard equivalent to a four-inch concrete slab with number three bars on 18-inch centers each way in the top third of the slab, or with six-inch by six-inch by No. 10 gauge mesh.

Unimproved Parking Surface.

Any driveway constructed prior to the effective date of this ordinance with the approval of the City of Greenville, that is not overlaid or paved with an improved parking surface, except that such surface does not include sod or earth.

In a residential district, it shall be unlawful to park, store or allow to be parked or stored, any motor vehicle upon any surface other than a standard driveway or unimproved parking surface; except that travel trailers, boats, recreational vehicles, motorcycles, lawn and garden equipment, and small utility trailers less than ten (10) feet in length may be parked in an interior side yard or rear yard, provided grass and weeds are maintained in a neat and orderly fashion and do not exceed six inches in height under the vehicle or trailer.

In residential districts, no parking space, garage, carport or other automobile storage space or structure shall be used for the storage of any truck, truck trailer, tractor trailer, or semi-trailer (whether or not attached to a truck trailer or a road tractor), except pickup trucks not exceeding one ton capacity.

In residential districts, no airplane, boat, motor vehicle, trailer, or part of such airplane, boat, motor vehicle or trailer shall be parked or stored in the front yard of any lot, or in the side yard facing a street on a corner or reverse corner lot, except that the following may be parked in such locations on a standard driveway or unimproved parking surface:

Passenger motor vehicles and light trucks (one ton);

Travel trailers, boats, utility trailers, recreational vehicles, or similar equipment, not exceeding 22 feet in length;

Motorcycles; and

Trucks and deliver vehicles while on calls.

Any unimproved parking surface may be expanded, repaired or maintained with a material similar to that of the existing driveway surface subject to the following regulations:

Any unimproved parking surface shall be regularly maintained and shall be kept free of litter, grass or other vegetation;

The expansion of any unimproved parking surface shall be subject to the width requirements of a standard driveway;

The Building Official may determine in a manner consistent with this section, the method of construction and materials used to expand, repair, or maintain any unimproved parking surface.

5-3.9

Off-Street Loading Requirements

Except in the CA, Central Area District, all retail, commercial, industrial and service structures shall provide and maintain off-street loading facilities for receiving and loading merchandise, supplies and materials within a building or on the lot or tract as provided in this Section.

Off-street loading spaces may be adjacent to a public alley or private service drive, or may consist of a truck berth within the structure. Each site shall provide adequate on-site maneuvering area for trucks (see Figure 6).

All drives and approaches shall provide adequate space and clearances to allow for the maneuvering of trucks off-street.

Each off-street loading space shall consist of a minimum area of ten (10) feet by forty-five (45) feet.

Off-street loading spaces for retail uses, hotels, office buildings, restaurants, industrial uses, and similar establishments shall be provided in accordance with the following schedule:

Total Square Feet of Gross Floor Area in Structure	Minimum Required Spaces or Berths
0 to 25,000 square feet	None
25,001 to 50,000 square feet	1
50,001 to 100,000 square feet	2
Each additional 100,000 square feet	1 additional

5-3.10

Paving and Improvements

Paving -

All required off-street parking and loading areas; all areas used or to be used as parking areas, loading areas or areas for storage of vehicles; and all driveways shall be paved to a minimum standard as outlined in the City’s Standard Design Manual.

Curb and Gutter

A standard curb and gutter section shall be constructed around the perimeter of the parking lot, and shall be a minimum distance of ten (10) feet from any street curb and gutter section.

The City may vary the applicability of this requirement in order to accommodate a more desirable design for facilitating storm water run-off.

The curb and gutter section shall be constructed according to standard specifications of the City of Greenville.

Concrete pads for commercial refuse containers shall be provided for all container locations situated in off-street parking lots. Each pad shall be located, sized and constructed as determined by the Director of Community Development. In no case shall refuse containers be placed within required parking areas, thereby consuming required parking spaces.

Where necessary, permanent physical barriers of not less than six (6) inches in height shall be installed to assure that the requirements of Section 5-3.6(G) are met. No portion of any paved area, including parking stalls and interior traffic aisles, shall be permitted nearer than ten (10) feet to any street curb.

Areas used for storage or parking of tractors, trailers, or semi-trailers in Industrial Zoning Districts only are exempt from the parking lot paving requirements of this Section 5-3.10.

(Ordinance 08-059, ex. A, adopted 5/27/08)

§ 5-4 Sign Regulations.

5-4.1

Purpose -

In general, the objectives of the standards are to promote the health, safety, welfare, convenience, communication and a positive community image. It shall further be the purpose of this ordinance to achieve the following:

Safety

No hazard is created due to collapse, fire, collision, decay or abandonment;

No obstruction is created to fire fighting and police surveillance; and,

No traffic hazard is created by confusing or distracting motorists, or by impairing the driver’s ability to see pedestrians, obstacles, or other vehicles, or to read traffic signs.

Communications -

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

Businesses and services may identify themselves;

Customers and other persons may locate a business or service; and,

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

Community Image -

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

Do not interfere with scenic views;

Do not create a nuisance to persons using the public right-of-way;

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

Are not detrimental to land or property value; and,

Contribute to the special character of particular areas or districts within the City, helping the observer to understand the City and orient oneself within it.

5-4.2

General Provisions

All signs erected or maintained pursuant to the provisions of this ordinance shall be erected and maintained in compliance with all applicable federal, state and local laws or regulations, and with the building code, electrical code and other applicable ordinances of the City. In the event of conflict between this ordinance and other laws, the most restrictive standard applies.

5-4.3

Definitions

ERECT:

To build, construct, attach, hang, place, suspend or affix, and shall also include the painting of signs on the exterior surface of a building or structure.

BALLOONS AND INFLATABLE DEVICES:

Balloons or any other type of floating or inflatable devices situated on a property in such manner so as to attract the attention of the public whether or not such devices incorporate the use of advertising text or characters.

FACE OR SURFACE:

The surface of the sign upon, against, or through which the message is displayed or illustrated on the sign.

GROSS SURFACE AREA OF SIGN:

The entire area within a single continuous perimeter enclosing the extreme limits of each sign. A sign having two (2) surfaces shall be considered a single sign if both the surfaces are located back to back. In the event two (2) or more signs share a single structure, i.e., directory signs, or signs on v-shaped structures, each sign or panel shall be considered separately for square footage purposes, provided that the combined area of such signs cannot exceed the total square footage allowed on a single sign.

HEIGHT:

The measurement from average ground level to the highest point of the sign.

ILLUMINATED SIGN:

Any sign exposed to artificial lighting by light sources located on or in the sign.

INCOMBUSTIBLE MATERIAL:

Any material which will not ignite at 1200 F [120°F] or below, nor shall it continue to burn or glow at that temperature.

LOGO:

Any design or insignia commonly used to identify a company or product.

OFF-SITE:

The term "off-site" as used in this Section 5-4 shall mean that the sign referred to reflects goods, products or services provided at a location other than that which the sign occupies.

ON-SITE:

The term "on-site" as used in this Section 5-4 shall mean that the sign referred to reflects goods, products, or services provided at a location which the sign occupies; and/or advertises a business or institution located on that site.

PERMANENT:

In relation to a sign, any sign intended to be used for six (6) months or longer. Such sign is anchored or otherwise attached to the ground, a building or other structure for the duration of the use of the premises.

SETBACK:

The minimum distance from the property line to the nearest part of a building or structure as defined in Definitions, Section 2-2.

SIGN:

Any object, device or display facing the exterior (outdoors), which is used to inform, direct, advertise, and/or identify a person, organization, business, product, service, event or location by any means, including words, letters, numbers, symbols, figures, or illumination.

SIGN COPY:

The letters, numbers, symbols or geometric shapes, either in permanent or changeable form, on the surface of a sign.

SIGN, ABANDONED:

Any sign without a valid current permit, and/or one which is deserted, surrendered or forsaken, unused, given up or relinquished with intention of never resuming a right or interest therein, and/or one which no longer advertises a bona fide business conducted or a product sold.

SIGNS, AGRICULTURAL:

Any on-site, permanent sign identifying the farm or ranch on which it is placed and advertising the produce, crops, animals or poultry raised or quartered thereon, on site.

17.

SIGN, APARTMENT:

Any on-site, permanent sign identifying an apartment building or complex of apartments.

18.

SIGN, ATTACHED:

Any on-site permanent sign painted, stenciled, affixed, or otherwise attached to a wall, awning, marquee, canopy, or mansard-style roof of a building and which advertises a business or institution in that building.

19.

SIGN, BILLBOARD:

Any sign which promotes or advertises commodities or services not offered on the premises where such sign is located.

20.

SIGN, CONSTRUCTION:

Any on-site, temporary sign identifying the property owner, architect, contractor, engineer, landscape architect, decorator, or finances engaged in the design, construction or improvement of the premises on which the sign is located.

21.

SIGN, DEVELOPMENT:

Any on-site, temporary promotion sign pertaining to the development of land.

21.1.

SIGN, DIGITAL BILLBOARD:

An off-premise[s] sign, display or device, which changes the static message or copy by electronic means. The sign must be operated by an entity possessing an outdoor advertising license issued by the Texas Department of Transportation (TXDOT).

22.

SIGN, ELECTRONIC (VARIABLE MESSAGE):

Any on-site, permanent sign that uses an electronic medium to produce sign characters and/or illustrations and which is programmed to changed copy at variable intervals of time.

23.

SIGN, FLAG.

Any permanent freestanding pole which displays the flags of the United States, the State of Texas, a local government, and/or a corporate flag of a business or institution located on that site.

24.

SIGN, FREESTANDING:

An on-site, permanent sign which is supported by a vertical support, often a metal pole or poles, that are anchored or set into the ground, and which advertises a business or institution located on that site. Flag Signs, Traffic-Control Signs, and Temporary Signs are not considered as Freestanding Signs.

25.

SIGN, GOVERNMENTAL:

Any sign erected or maintained pursuant to and in discharge of any governmental function; required by law, ordinance, or governmental regulation; or located on property owned, leased or under control of the federal or state government[.]

26.

SIGN, HOLIDAY:

Temporary signs containing only holiday messages and no commercial advertising.

27.

SIGN, HOMEBUILDER/REAL ESTATE DIRECTIONAL:

Any temporary off-site directional sign which identifies a home builder or real estate broker for property being offered for sale within the City of Greenville.

28.

SIGN, INSTITUTIONAL:

Any on-site, permanent sign which identifies a school, church, hospital or similar public or quasi-public institution.

29.

SIGN, MODEL HOME:

Any on-site, temporary sign used to advertise a particular structure represented by a model or show home.

30.

SIGN, MONUMENT:

Any on-site, permanent low profile sign which is supported by a solid structure/base from the sign’s attachment to the sign’s maximum vertical height.

31.

SIGN, MULTI-TENANT:

Any on-site, permanent sign with the name of the primary on-site facility and which may include a list of the individual stores or businesses mounted on such sign. Examples include signs describing a mall arrangement, a shopping center development, and industrial park complex, or a complex of buildings with a unifying name and group of businesses.

32.

SIGN, NONCONFORMING:

Any sign which does not conform to the regulations of this Zoning Ordinance or any related codes and ordinances of the City of Greenville.

33.

SIGN, OCCUPATIONAL:

Any sign denoting only the name and profession of an occupant in a commercial or public/institutional building, or relation to a Home Occupation.

34.

SIGN, POLITICAL:

Any temporary sign that primarily contains a political message and that is located on private real property with the consent of the property owner.

35.

SIGN, PROMOTIONAL BANNER, FLAG, OR PENNANTS -

Any temporary, on-site sign that is generally constructed of lightweight plastic, fabric or a similar material, and that is mounted/tethered to a pole(s), building or other structure by a rope, wire, string or similar device. A pennant or a string of multiple pennants and/or streamers, of any length, is included in this definition.

36.

SIGN, PROMOTIONAL (CIVIC)-

Any temporary promotional flags, banners, pennants, or other types of signs displayed with the cooperation of the City of Greenville in public rights-of-way which promote civic events, non-profit fundraisers, tourism, or economic development but are not designed to promote or solicit customers for individual businesses nor to promote the sale of any product by a business.

37.

SIGN, PROMOTIONAL FOR NON-PROFIT PURPOSES.

Any temporary off-site promotional sign, banner, flag, or pennant erected by a non-profit organization or governmental entity and containing a message directly related to a special event sponsored by the organization.

38.

SIGN, RAILWAY.

Any permanent sign within or on railway property and placed or maintained in reference to the operation of such railway.

39.

SIGN, REAL ESTATE:

Any on-site, temporary sign used to advertise the sale or lease of a piece of real property.

40.

SIGN, SUBDIVISION DEVELOPMENT:

Any on-site, temporary promotion sign pertaining to the development of land, that advertises[:]

a new subdivision for the purpose of selling lots, land, and/or buildings, and/or

a builder(s) that has lots, land, or buildings for sale.

41.

SIGN, SUBDIVISION DIRECTIONAL:

Any temporary off-site freestanding directional sign which identifies the location of or direction to a subdivision within a residential zoning district.

42.

SIGN, ROOF:

Any permanent, on-site sign that is attached to a building or structure and that extends more than 1 foot beyond the roof line of the building or structure or that are placed wholly on the roof of the building or structure.

43.

SIGN, SUBDIVISION IDENTIFICATION:

Any on-site, permanent sign which identifies a single-family residential subdivision.

43.1.

SIGN, TEMPORARY FREE-STANDING SIDEWALK:

Any temporary sign designed for placement on the sidewalk in front of a place of business being advertised that is not permanently attached or anchored to the ground, wall or building, which complies with all of the design specifications of the Main Street Advisory Board; free-standing sidewalk signs can be single or double-faced.

44.

SIGN, TEMPORARY PORTABLE:

Any on-site sign that is not permanently attached or anchored to the ground, wall or building using accepted City standards; that is intended to be displayed for a short period of time; and that is not otherwise defined herein.

44.1.

SIGN, TEMPORARY SANDWICH BOARD:

Any temporary sign of A-frame construction designed for placement on the sidewalk in front of a place of business being advertised that is not permanently attached or anchored to the ground, wall or building, which complies with all of the design specifications of the Main Street Advisory Board; sandwich board signs are generally two (2) sided.

45.

SIGN, TRAFFIC CONTROL:

Any permanent, on-site sign used for traffic-control purposes, to direct the movement of traffic, and/or to warn of obstacles, overhead clearances or control parking.

46.

SIGN, TEMPORARY WINDOW:

Any temporary on-site sign located within a window of a business and which advertises goods or services sold in the business[.]

47.

SIGN, UNUSED:

Signs being manufactured, transported or stored and not being used, in any manner or form, for purposes of advertising.

48.

SIGN, UTILITY.

Any permanent or temporary sign marking utility or underground communication or transmission lines.

49.

SIGN, VEHICLE.

Any temporary, on-site sign displayed or used upon vehicles, trailers or aircraft.

5-4.4

Permits, Fees and Procedures

Permit Required

It shall be unlawful for any person to erect, replace, alter dimension or size, or relocate any sign without first obtaining a sign permit as required in this Section. A permit is not required to repaint, change sign copy, or resurface an existing sign. All permitted work must be completed within one hundred eighty (180) days from the time of application or the permit becomes void.

Sign License Fee

No person, firm or corporation shall install or maintain any sign, or contract for such service, until such person, firm or corporation has applied for a license to install, erect, and maintain signs, and until such license has been approved and issued. Such license shall be one hundred dollars ($100.00) per year, payable on the first day of January of each year. Excluded from these licensing requirements is a person, firm or corporation who installs or maintains any sign, or contracts for such service, on premises owned by that person, firm or corporation.

Permit Fees

The fee for permits shall be based on the square footage of said sign in the following manner:

Square Feet	Fee
Up to 50 Square Feet	$ 25.00
51 Sq. Ft. to 100 Sq. Ft.	50.00
101 Sq. Ft. to 200 Sq. Ft.	75.00
201 Sq. Ft. to 672 Sq. Ft.	100.00

In case any work is started or proceeded with prior to obtaining a permit, the above specified fee shall be doubled to obtain the required permit.

Certificate of Insurance

No license for the installation, erection and maintenance of signs shall be issued to any person, firm or corporation until such person, firm or corporation has filed with the City a certificate of general liability insurance. A certificate of insurance must: be written by a company licensed to do business in this state; provide for commercial general liability insurance for the company for claims for property damage or bodily injury, regardless of whether the claim arises from a negligent claim or on a contract claim; and be in the coverage amount of not less than three hundred thousand dollars ($300,000) for all claims arising in any one-year period.

Engineer Certification

All signs require scale drawings showing a site plan location and design of the sign. Projection, wall and temporary signs not over six (6) square feet in area, constructed of metal or other noncombustible material attached securely to a building or structure and not projecting more than twenty-four (24) inches beyond the building wall, structure, building line or property line, shall not require civil engineer certification as to its structural soundness. For all other signs, a design and street diagram or plan, containing the necessary information, shall be submitted to the Building Official to enable him to determine that such sign complies with all the applicable codes and regulations. Wind pressure and dead loads shall be shown where deemed appropriate, and the Building Official may require structural drawings which are designed by and sealed by a civil engineer licensed by the State of Texas when it cannot be determined that the sign will be structurally sound.

Signs Exempt From Permitting Procedures

Permits and required setbacks shall not be required for the following signs, provided, however, such signs otherwise comply with all other applicable sections of this ordinance.

Political Signs.

Occupational Signs[.]

Traffic-Control Signs.

Residential Real Estate Signs.

Business/Industry Real Estate Signs.

Temporary Window Signs[.]

Model Home Signs.

Construction Signs.

Promotional Signs for Non-Profit Purposes.

Homebuilder/Real Estate Directional Signs.

Signs Not Regulated

The following types of signs shall be exempt from the provisions of this ordinance. However, regulations regarding sign location in a public right-of-way or public access easement shall apply.

Governmental Signs[.]

Railway Signs.

Utility Signs.

Vehicle Signs.

Such are permitted only when permanently stationed for a period not exceeding seventy-two (72) continuous hours, otherwise such signs are prohibited (refer to Section 5-4.7).

Signs Not Visible From Street.

This shall apply only to signs where no part of such sign is visible from any public street.

Holiday Signs.

Signs on Persons or Animals.

This shall apply only to hand-held signs or signs, symbols or displays on persons or animals.

Unused Signs.

Plaques.

This shall apply only to commemorative plaques of recognized historical societies and organizations.

Signs on Mail Boxes, Newspaper Racks.

This shall apply only to signs located on mail boxes, newspaper vending machines and curbside residential newspaper holders which identify the owner and address of the premises or the name of the newspaper sold or subscribed to.

(11)

Signs on Outdoor Machines, Devices and Equipment.

This shall apply only to signs located on outdoor machines, devices, or equipment which display the trademark, trade name, manufacturer, cost or operating or service instructions or similar information, but do not advertise the business where located. This exemption specifically applies to signs on coin-operated vending machines, fuel dispensing pumps, telephone facilities, automatic teller machines, trash containers, automatic vacuum cleaners, amusement rides and similar machines, devices or equipment.

(12)

Signs on Athletic Fields.

This shall apply to signs located on the field side of scoreboards and fences of athletic fields.

(13)

Flags.

This shall only apply to the United States or Texas State flags mounted on the sides of existing buildings; or the temporary display of the United States and/or the Texas State flags in connection with State and National holidays, celebrations, and observances. Permanent freestanding flagpoles are regulated in Section 5-4.6.

5-4.5

Maintenance/Removal of Unsafe and Unlawful Signs

Maintenance

All signs and their supports, braces, guys, and anchors shall be kept in repair and, if not galvanized or non-corroding metal, shall be thoroughly painted at least once every two (2) years. The Building Official may order the removal of any sign that is not maintained in accordance with the provisions of applicable codes. Such removal shall be at the expense of the owner or lessee.

Unsafe Signs

The owner or the person or firm maintaining a sign which is insecure or in danger of falling or otherwise unsafe, as determined by the Building Official, shall receive written notice from the Building Official to remove such sign or to secure it in a manner to be approved by the Building Official to conform to applicable codes. If this order is not complied with within seven (7) days or immediately in the case of immediate danger, the Building Official shall remove such sign at the expense of the owner or lessee.

Unlawful Signs

The owner or lessee of any sign installed, erected or constructed in violation of applicable codes or regulations shall be notified by the City of Greenville either by mail or serving written notice personally to alter such sign to comply with applicable codes or regulations, to secure the necessary permit, or to remove the sign. If such order is not complied with within seven (7) days, the City may remove such sign at the expense of the owner or lessee. Any abandoned sign or abandoned supporting structure not removed by the owner or lessee shall be considered an unlawful sign. Nothing herein shall limit or prohibit the City from issuing a citation ordering an individual to appear in Municipal Court to answer charges related to a violation of any part of this Section. Prior notice is not required for the issuance of a citation.

5-4.6

Sign Standards

Setbacks.

No sign requiring a permit may encroach, project, or be constructed past the building setback line or an easement line, except as provided for monument signs, subdivision identification signs, promotional flags/banners/pennant signs, and civic promotional signs as put forth in subsections (F9), (F12), (G8), and (G10) respectively, below.

Height.

The height of all permanent signs shall conform to the requirements for each type of sign as outlined in subsection (F). Except as otherwise limited or authorized in subsection (G), no Temporary Sign may exceed six (6) feet in height.

Clearance.

All signs, including those that project away from a wall or overhang a sidewalk or driveway, shall maintain a clearance of at least eight feet (8') when located over a public sidewalk and at least thirteen and one-half feet (13.5') when located over a driveway.

Structural Standards.

All signs and advertising devices shall conform to the structural design standards established in Chapter 16 of the International Building Code.

Signs in the Central Area (CA) District.

All signs erected or signs replaced, removed, or otherwise altered that are located within the CA (Central Area) zoning district shall also be subject to the Design Requirements for that district specified in Section 3-6 of this Ordinance.

Standards for Permanent Signs.

All permanent signs shall conform to the requirements outlined below. Permanent signs may be lighted.

Attached Signs.

Attached signs may be painted, stenciled, affixed, or otherwise attached to a wall, awning, marquee, canopy, or mansard-style roof of a building. Such signs shall be limited as follows:

Where the side of a building faces a street, the maximum allowable sign area shall not exceed 1.5 square feet for each linear foot of building fascia length; OR 30% of the total surface area of the building face, excluding doors and windows; which ever is greater. On all other sides of a building, the maximum allowable sign area shall not exceed .75 square feet for each linear foot of building fascia length; OR 15% of the total surface area of the building face, excluding doors and windows; which ever is greater. Allowances for individual occupancies within a multi-use building shall be calculated on leased or occupied fascia length.

The surface area calculation shall include a marquee, awning, canopy, or any other surface on which signs can be attached. Signs attached to a marquee, awning, canopy, or mansard-style roof shall be included in the calculation of maximum allowable sign area.

Except for in the Central Area (CA) zoning district, attached signs may not project more than 12 horizontal inches from the face or portion of the of the building to which they are attached. No sign may project more than 12 vertical inches above the roof line or parapet wall. Where such signs are located on mansard-style roofs and the building fascia is not vertical, the bottom of such sign shall not project more that 12 inches from said roof but the sign can be oriented in a vertical manner.

In a Central Area zoned district, no attached sign shall extend outward from any building into the public right-of-way for a distance of more than ten (10) feet or to within two (2) feet of the street curb, whichever is more restrictive.

Agricultural Signs.

All agricultural signs shall be freestanding or monument style signs. Such signs shall not exceed one hundred (100) square feet. There shall be a limit of one (1) such sign per site.

Apartment Signs.

All apartment signs shall be monument style signs. Such signs shall not exceed fifty (50) square feet. There shall be a limit of one (1) such sign per entrance into the apartment development.

Billboard Signs (off-site).

Billboard signs shall be permitted only on lots with frontage on Interstate Highway 30 and shall only be oriented to be viewed from Interstate Highway 30. Billboard signs shall not exceed six hundred seventy-two (672) square feet in area, and shall not exceed 40 feet in height. Such signs shall be spaced a minimum of forty-five hundred (4,500) feet apart, and shall be setback a minimum of thirty (30) feet from any highway right-of-way line.

(4.5)

Regulation of Digital Billboards

All digital billboards shall observe the following display standards:

Static display time interval: Eight (8) seconds minimum.

Transition display time interval: One (1) second maximum.

No display shall include animation, blinking, flashing, dissolving or fading content and/or images, moving light and/or scrolling messages, intermittent or full-motion video, nor shall it project a static image upon a stationary object.

Transitions between the display of a message, content and/or image shall be immediate only and shall occur simultaneously on the entire display area.

The display of message, content and/or image shall be visible only from one direction of traffic travel per sign.

No digital billboard shall be located within a dedicated utility easement or be closer than thirty (30) feet of a right-of-way line.

A minimum linear spacing of four thousand five-hundred (4,500) feet shall be required between one digital billboard and any other billboard on the same side of the roadway.

A digital billboard shall incorporate systems/devices that will automatically freeze (remain static) a single message, content and/or image on the display should a billboard malfunction or be damaged.

A digital billboard shall incorporate systems/devices necessary to automatically adjust the brightness/intensity of the display according to ambient (natural or otherwise) light conditions.

The owner of a digital billboard shall coordinate with the City’s Emergency Management Coordinator to display emergency information critical to the traveling public, such as AMBER ALERTS from a National Center for Missing and Exploited Children (NCMEC) authorized source, and other alerts involving terrorist attacks, natural disasters [sic]. Emergency messages are to remain in the display’s rotation according to the designated issuing agency’s protocols.

If the City of Greenville determines that a digital billboard causes glare or otherwise impairs the vision of the driver of a motor vehicle or otherwise interferes with the operation of a motor vehicle, the owner of the digital billboard, within twelve (12) hours of a request by the City’s Building Official or TXDOT, shall reduce the intensity of the display to a level acceptable to the City of Greenville and/or the Department of Community Development.

The owner of a digital billboard shall provide the City of Greenville with contact information for a person who is available to be contacted at any time and who is able to turn off the display promptly should a billboard malfunction or damage occur.

A digital billboard or its message, content and/or image shall not be configured to resemble a warning or danger signal or cause a driver to mistake the digital billboard or its message, content and/or image for a warning or danger signal.

A digital billboard or its message, content and/or image shall not resemble or simulate any lights or official signage used to control traffic in accordance with the currently adopted edition of the TXDOT Manual on Uniform Traffic Control Devices.

A digital billboard shall not:

Exceed 672 square feet in total display area.

Exceed 40 feet in height.

Be provided electrical service via overhead utility lines.

The conversion of existing legal non-conforming billboards to digital billboards, the conversion of existing legal conforming billboards to digital billboards, or the construction and operation of new digital billboards, shall only be allowed on lots with frontage on Interstate 30 located within the city limits.

An existing legal non-conforming billboard may be converted to a digital billboard under the following conditions:

Two (2) square feet of existing legal non-conforming billboard display shall be removed within the city limits by an owner for each one (1) square foot of digital billboard display area, either newly constructed or installed as a modification and/or conversion of an existing legal non-conforming billboard, requested by the owner. The two (2) square feet removed must be from physically completed legal non-conforming billboards with complete sign faces. No partially erected/completed signs may be used to qualify for the requirement.

When an existing legal non-conforming billboard is converted to a digital billboard, the converted digital billboard location shall retain its legal non-conforming status as a billboard.

Electronic Signs (Variable Message).

Variable message electronic signs shall be an attached sign or a panel on a freestanding or monument style sign. Such signs may not exceed thirty-six (36) square feet. Sign characters must have a minimum height of ten (10) inches and maximum height of sixteen (16) inches. Such signs may not be animated, flash, travel, blink, fade, or scroll. Such signs shall remain static for not less than fifteen (15) seconds, except that time and temperature displays shall remain static for not less than three (3) seconds. Only one variable message electronic sign, either freestanding or attached to a building, is permitted per lot.

Flag Signs.

Flag signs shall not exceed twenty-four (24) square feet with a maximum of three (3) on the premises. Such signs shall not exceed maximum height for the district in which they are located.

Free-Standing Signs.

Each free-standing building shall only be allowed one (1) free-standing sign except that there may not be both a free-standing sign and a separate monument sign on the same street frontage. Churches with a minimum street frontage of 500' may have both a free-standing sign and a monument sign, provided all other requirements of this ordinance are met.

All such signs on any one property must be spaced in intervals of 200 feet.

The maximum area for freestanding signs shall not exceed 200 square feet along I-30 and 125 square feet along other roads.

Freestanding signs shall be setback a minimum of thirty (30) feet from the Interstate 30 highway right-of-way line and a minimum of twenty (20) feet from all other State or Federal maintained rights-of-way except those located on the Central Area (CA) zoning district.

Such signs are permitted to be lighted.

Signs may be erected along the frontage of Interstate Highway 30 to a maximum height of 60 feet. All other Free Standing signs shall not exceed a maximum height of twenty (20) feet.

Any new nonresidential business/development that is established within one thousand feet (1,000') of an existing business/development and that is determined by the City to have similar characteristics to that same existing business/development shall be permitted to erect a sign that is less than or equal to eighty percent (80%) of the height of the sign of the existing business/development. In such case, the height of the freestanding sign may exceed the height maximums for freestanding signs specified within this Section.

Signs shall be protected by wheel or bumper guards as required by the Building Official where it is determined that a hazard may exist.

Institutional Signs.

An Institutional Sign may be an attached sign, a freestanding, or monument style sign. In Residential zoning districts, attached institutional signs shall not exceed 72 square feet, and signs not attached to the building shall be constructed as monument signs.

Monument Signs.

Except for multi-tenant monument signs, the following standards shall apply to all monument signs.

The maximum height of any monument sign shall be eight feet (8'). The portion of the base of the sign within two feet (2') of the grade of the ground shall not be included in the height calculation.

The maximum square footage of any monument sign erected along the frontage of Interstate Highway 30 and U.S. Highways 67 and 69 shall be one hundred (100) square feet.

The maximum square footage of any monument sign generally within the City shall be fifty (50) square feet.

The maximum number of monument signs shall be one per street frontage, except that there may not be both a free-standing sign and a separate monument sign on the same street frontage. Churches with a minimum street frontage of 500' may have both a free-standing sign and a monument sign, provided all other requirements of this ordinance are met.

Monument signs may be placed ten (10) feet from the property line, provided such placement does not: create a visual obstruction within critical visibility areas, such as at street intersections or where a private driveway enters a roadway; create a traffic safety problem; or interfere with the installation or maintenance of a public utility.

Multi-Tenant Signs.

The maximum number of multi-tenant signs shall be one per street frontage.

A multi-tenant sign on the frontage of Interstate 30 may be a freestanding sign not exceeding sixty (60) feet in height. The maximum height of multi-tenant signs on all other roadways shall be twenty (20) feet, except as provided in (e,1) below.

Except as provided in (d & e) below, the maximum square footage of a multi-tenant sign shall be one hundred and twenty-five (125) square feet, plus ten (10) square feet per tenant advertised on the sign, or two-hundred (200) square feet, whichever is less.

The maximum square footage of any multi-tenant freestanding sign erected along the frontage of Interstate Highway 30 shall be one hundred and fifty (150) square feet, plus forty (40) square feet per tenant advertised on the sign, or 600 square feet, whichever is less.

All additional multi-tenant signs above one freestanding per site shall be constructed as monument signs. The maximum square footage of a multi-tenant monument sign shall be one hundred and twenty-five (125) square feet, plus ten (10) square feet per tenant advertised on the sign, or one hundred and seventy (170) square feet, whichever is less. The portion of the base of the sign within three feet (3') of the grade of the ground shall not be included in the square footage calculation.

The maximum height of any multi-tenant monument sign shall be fifteen feet (15'). The portion of the base of the sign within three feet (3') of the grade of the ground shall not be included in the height calculation.

Each tenant may have a different size sign; each sign does not have to be the same size.

Any tenant in a separate building (as opposed to a lease space) that is not on the multi-tenant sign shall be permitted to erect a separate monument sign. Any tenant in a separate building (as opposed to a lease space) with frontage on Interstate 30, which is not on the multi-tenant sign, shall be permitted to erect a separate freestanding sign.

Any tenant that is on a multi-tenant sign shall not be permitted to erect a separate monument or freestanding sign.

(11)

Occupational Signs.

Occupational signs shall not exceed two (2) square feet in area and shall be mounted flat against the face of the building.

(12)

Subdivision Identification Signs.

Subdivision identification signs are permitted at the entrance of single-family residential subdivisions which are bisected by one or more streets. Signs shall be monument signs or incorporated on a screening wall located in a Homeowner’s Association maintained easement. A sign must be located in an easement maintained by a Homeowner’s Association. Signs may be located at each corner of the intersection of an entrance street but may not be located in public rights-of-way or within visibility or utility easements. Maximum size shall be thirty-two (32) square feet per sign with a maximum height of six (6) feet.

(13)

Traffic-Control Signs.

Traffic-control signs shall not exceed eight (8) square feet. Such signs may contain advertising, such as business names or logos, provided that such advertising does not consume more than thirty percent (30%) of the sign face. Signs shall not exceed three (3) feet in height. Such signs shall be placed such that they will not interfere with the safe movement of vehicles or pedestrians.

Standards for Temporary Signs.

All temporary signs shall conform to the requirements outlined below. Except where specifically authorized, temporary signs may not be lighted.

Balloons and Inflatable Devices.

Balloons and any other type of floating or inflatable devices may be displayed for a maximum time period of no more than thirty (30) consecutive days with a limit of two (2) events each calendar year. For thirty (30) days following an event, no balloons or any other type of floating or inflatable device will be permitted. The adjacent property owners must have no reasonable objection to the device, and the location must be approved by the Building Official to ensure that the device will not interfere with adjacent property, utility lines or vehicular traffic. Such devices shall be sufficiently anchored to adequately secure the device. There shall be a maximum of one balloon or any other type of floating or inflatable device per street frontage. A tethered balloon may not exceed forty (40) feet in height, and any other type of inflatable device may not exceed twenty (20) feet in height.

Construction Signs.

Such signs shall not exceed five (5) square feet and shall be limited to four (4) feet in height. There shall be a limit of one (1) such sign per business per site. Construction signs shall be removed from the site when construction is complete or upon issuance of a Certificate of Occupancy.

Development Signs.

Such signs shall not exceed two-hundred (200) square feet. There shall be a limit of one (1) such sign per street frontage. Development signs shall be removed from the site upon issuance of a Certificate of Occupancy.

Homebuilder/Real Estate Directional Signs.

A person may erect and display homebuilder/real estate directional signs on a public rights-of-way, subject to the following provisions:

Such signs shall not be placed along any local traffic street (thoroughfares and collectors only)[.]

Signs placed in rights-of-way owned or maintained by the State of Texas are subject to the permitting rules and requirements of the Texas Department of Transportation. Nothing herein should be construed as permission by the City of Greenville to place any sign in a right-of-way owned or maintained by the State or Texas.

Any person or company who erects signs under the terms of this section does so at his or her own risk. Signs placed in the public right-of-way are subject to removal without notice by the City of Greenville or the State of Texas, and may be stored or destroyed without liability to the City of Greenville, the State of Texas, it’s agents or employees.

Signs may be displayed between the hours of noon Friday and noon of the next following Monday. However, no person may erect signs between the hours of 4:00 p.m. and 6:00 p.m.

Signs shall not exceed five (5) square feet in area and no sign shall exceed thirty-six (36) inches in height as measured from ground level.

Signs shall not be placed within any median, nor closer than three (3) feet to the curb or edge of the street pavement.

Home Builder Signs shall be spaced a minimum of fifteen (15) feet from any adjacent sign.

Signs of any real estate owner or broker less than one (1) mile from the site advertised shall not be less than 500 feet apart and signs more than a mile from the site advertised shall not be less than 1,500 feet apart. No sign shall be more than three (3) miles from the site advertised.

A homebuilder/real estate directional sign shall not advertise any site located outside the city limits of Greenville.

(j)

Signs shall not be placed so as to obstruct the vision of passing motorists.

(k)

Dented, faded or un-maintained signs are prohibited.

(l)

Signs shall not be artificially illuminated.

(m)

If a person placing or removing signs stops a vehicle on a street, in other than a legal parking space, he shall use and display emergency flashing or revolving lights, in addition to normal vehicle emergency flashing lights.

(n)

Signs erected or displayed contrary to the provisions of this Section may be removed by agents and employees of the City, and either stored or destroyed, without liability to the City or its agents or employees. The owner of any sign confiscated by the City may claim the sign, if it remains in the custody of the City, upon the payment to the City of an administrative fee of five dollars ($5.00) per sign. The payment of the administrative fee may not be used as a defense of any sort from a prosecution under this Section.

Model Home Signs.

Such signs shall not exceed sixteen (16) square feet in area. There shall be a maximum of one such sign per model home structure. Such signs may be lighted. All model home signs shall be removed after a permanent Certificate of Occupancy is issued for the structure.

Political Signs.

Political signs shall be a maximum of thirty-six (36) square feet in area and eight (8) feet in height. Such signs shall be displayed no more than sixty (60) days before the election nor more than seven (7) days after the election.

Portable Signs (Temporary).

Any type of mobile temporary signs, unless otherwise addressed herein under another classification, shall be permitted for a maximum of forty-five (45) consecutive days with a limit of two (2) events each calendar year. Temporary portable signs are not allowed for thirty (30) days following event. Such signs shall not exceed thirty-two (32) square feet in area. There shall be a maximum of one such sign per street frontage.

Promotional Banner, Flag, or Pennant Signs.

Not exceeding thirty-two (32) square feet in area for a maximum time period of no more than thirty (30) consecutive days with a limit of three (3) events each calendar year. For thirty (30) days following an event, no temporary promotional sign is allowed. The adjacent property owners must have no reasonable objection to the sign, and the sign location must be approved by the Building Official for safety purposes. There shall be a maximum of one promotional banner, flag, or pennant per street frontage.

Promotional Signs for Non-Profit Purposes.

Such promotional signs shall be limited to thirty-two (32) square feet and may be displayed no more than fourteen (14) days prior to the event and must be removed within seven (7) days after the conclusion of the event. The sign location must be approved by the Building Official for safety purposes. Such signs may not be lighted. Promotional signs under this classification shall be limited to three (3) events per organization per year.

Promotional Signs (Civic).

Such promotional signs shall be reviewed and approved by the Director of Community Development to ensure that the content of the sign is consistent with the purposes of such signs as outlined in the Definitions. The City shall have sole discretion authority over the size, location, material, content, and duration of civic promotional signs. Signs in rights-of-way owned of maintained by TXDOT shall require the additional approval of the Texas Department of Transportation. Signs attached to utility poles shall require the approval of the owner of the utility.

(11)

Real Estate Signs - Residential.

Such signs shall not exceed twelve (12) square feet and shall be limited to four (4) feet in height. There shall be a maximum of one such sign per street frontage per lot.

(12)

Real Estate Signs - Business/Industry.

Such signs shall not exceed thirty-two (32) square feet. There shall be a maximum of one such sign per street frontage per business/industrial property.

(13)

Subdivision Development Signs.

Such signs shall not exceed two hundred (200) square feet and shall be limited to fifteen (15) feet in height. There shall be a limit of one (1) such sign per perimeter street frontage. Such signs shall be removed from the site at developer’s expense upon ninety (90%) occupancy of the subdivision.

(14)

Subdivision Directional Signs.

Such signs shall not advertise any site located outside the city limits of Greenville, Texas;

Such signs shall not be placed along any local traffic street (thoroughfares and collectors only)[;]

Such signs shall be located within a one (1) mile radius of the subdivision to which they pertain and shall not be located closer than one hundred (100) feet to a residential dwelling;

Such signs shall not exceed one hundred (100) square feet in area, and shall be limited to fifteen (15) feet in height;

The maximum number of such signs shall not exceed one (1) sign per fifty (50) lots, or fraction thereof, nor a maximum of two (2) signs per subdivision;

No such off-premise[s], special purpose freestanding directional sign shall be erected closer than one hundred (100) feet from any other subdivision directional sign on the same side of the thoroughfare;

Permits for such signs may be granted for maximum intervals of twelve (12) months each with such signs being removed when ninety (90) percent of the lots within the subdivision have been developed.

(15)

Window Signs (Temporary).

Such signs shall not exceed the surface area of the window within which they are placed.

(16)

Sandwich Board and Free-Standing Sidewalk Signs in the Central Area (CA) zoning district.

A person may erect and display Sandwich Board or Free-Standings Sidewalk Signs on public rights-of-way in the Central Area (CA) zoning district, subject to the following provisions:

Only one sandwich board or free-standing sidewalk sign shall be allowed per business;

Signs shall be weighted to withstand wind;

Signs shall be removed after business hours;

Signs shall not obstruct the sidewalk, shall be visible at all times, and shall comply with any applicable provisions of the Americans with Disabilities Act;

A Certificate of Design Compliance from the Main Street Advisory Board shall be required prior to the issuance of a sign permit;

Sandwich board signs shall not exceed twelve (12) square feet in area per side and shall not exceed three (3) feet in width and four (4) feet in height;

Free-standing sidewalk signs shall not exceed six (6) square feet in area per side and shall not exceed three (3) feet in width and five (5) feet in height.

5-4.7

Nonconforming and Prohibited Signs

Nonconforming Signs

Signs lawfully existing upon any premise[s] before the effective date of this ordinance, in accordance with the provisions of any prior ordinance, shall be allowed to remain on that premise[s] as a nonconforming sign if properly registered or permitted and continuously maintained in accordance with the provisions of this ordinance.

All nonconforming portable signs must have a valid registration/permit tag affixed to them.

Nonconforming portable signs shall not be moved to another premise[s] or location and if removed from any premise[s] for any reason, portable signs shall not be allowed to be placed back on that premise[s].

All lawful nonconforming portable signs shall at all times be securely anchored so as to prevent overturning or unsafe movement, the sufficiency of such anchorage to be determined by the Building Official.

Any nonconforming sign, including its supporting structure, which is destroyed, damaged, dilapidated, deteriorated or abandoned, shall not be replaced, repaired or renovated, in whole or in part, if such replacement, repair or renovation would require an expenditure of monies in excess of sixty percent (60%) of the cost of a new sign including its supporting structure, which is substantially the same or similar to the nonconforming sign destroyed, damaged, dilapidated, deteriorated or abandoned.

No person shall repair, renovate or alter a nonconforming sign without first receiving a sign permit.

[Reserved]

Prohibited Signs

Signs illuminated of such intensity or manner as to constitute hazards or nuisances. Signs which move, change color, or are animated or illuminated by means of flashing, traveling, or blinking lights, or other means not providing constant illumination are prohibited. Excluded from this prohibition are electronic signs which otherwise conform to the Sign Standards outlined in Section 5-4.6 of this Ordinance. Digital signs of any kind are prohibited.

Signs which by reason of any attribute such as wording, size, shape, location, movement, content, coloring, or illumination may be confused with or construed as a traffic-control sign, signal or device.

Signs which emit sound, odor, or visible matter which serve as a distraction to persons within a public right-of-way.

Goods, wares, merchandise or other advertising objects or structures placed on or suspended from any building, pole, structure, sidewalk, parkway, driveway, or parking area, except as otherwise allowed by ordinance.

Permanent portable signs, twirling signs, sandwich or "A" frame signs, sidewalk or curb signs, cloth, paper, or other similar advertising matter, except as otherwise allowed by ordinance.

Permanent signs attached to a trailer, skid, or similar mobile structure where the primary use of such structure is to provide a base for a sign or constitutes the sign itself.

Vehicle signs that remain in the same location or vicinity for a period of seventy-two (72) consecutive hours or more, or at frequent or extended periods of time, where the intent is apparent to use the vehicle and signs for advertising purposes.

Roof signs.

Signs which advertise tobacco products except for a single use of the word "tobacco" on a sign for a business whose primary income is derived from the sale of tobacco products.

Except as specifically authorized in this Section, no sign shall be located on a public right-of-way or public access easement, except traffic regulatory signs and governmental signs.

(Ordinance 08-059, ex. A, adopted 5/27/08; Ordinance 09-047 adopted 7/28/09; Ordinance 10-006 adopted 1/12/10; Ordinance 10-017 adopted 2/9/10; Ordinance 14-046 adopted 7/22/14)

§ 5-5 Driveway Standards.

5-5.1

Applicability

The standards contained in this Section shall apply to all driveways designed and intended to serve as access from a roadway to a lot or parcel of land used for any development or purpose other than a single-family detached dwelling, a patio home dwelling, a two-family dwelling, or one (1) single-family attached dwelling. Driveways intended to serve as access from a roadway to a lot or parcel of land which is used or intended to be used as a building site for a single-family detached dwelling, a patio home dwelling, a two-family dwelling, or one (1) single-family attached dwelling shall conform to the requirements outlined in the City’s Standard Design Manual.

5-5.2

Driveway Design Requirements.

The design requirements for one-way and two-way driveways shall be as follows for access to thoroughfare, collector, and local streets. The minimum and maximum widths specified for driveways shall determine the distance from pavement edge to pavement edge. The minimum and maximum curb return radius specified shall control the arc of the curb from the driveway to the street. The minimum throat length specified shall determine the minimum distance from the edge of the street pavement to the first traffic conflict point on the driveway. The minimum spacing specified shall determine the minimum distance between driveways on the same lot or tract, measured from edge of pavement to edge of pavement. In addition, the Driveway Access regulations outlined in Section 3.1(t) of the City’s Subdivision Ordinance shall apply to the construction of all driveways. In the event of any conflict, the most restrictive regulation shall apply.

5-5.3

Permit Required

Prior to the construction, demolition, or modification of any driveway that provides access from a roadway or street or right-of-way to a roadway to a lot or parcel of land, the property owner or person responsible for construction shall obtain a driveway permit from the City’s Community Development Department. The cost of such permits shall be $25 per driveway.

Table 4 Driveway Design Requirements
THOROUGHFARE	DRIVEWAY TYPE
	One-Way	Two-Way
Width (Min-Max)	20'-25'	30'-45'
Curb Return Radius (Min-Max)	20'-30'	20'-30'
Throat Length (Min)	20'	20'
Spacing (Min)	100'	100'
Number (Max)	*	*
Separation (Min)	**	**
COLLECTOR (or Nonresidential Marginal Access)	DRIVEWAY TYPE
	One-Way	Two-Way
Width (Min-Max)	20'-25'	30'-45'
Curb Return Radius (Min-Max)	20'-30'	20'-30'
Throat Length (Min)	20'	20'
Spacing (Min)	50'	50'
Number (Max)	*	*
Separation (Min)	**	**
LOCAL (or Residential Marginal Access)	DRIVEWAY TYPE
	One-Way	Two-Way
Width (Min-Max)	15'-25'	25'-45'
Curb Return Radius (Min-Max)	10'-25'	10'-25'
Throat Length (Min)	None	None
Spacing (Min)	50'	50'
Number (Max)	*	*
Separation (Min)	**	**

*	See Section 3.1(t2) of the City’s Subdivision Ordinance
**	See Section 3.1(t3) of the City’s Subdivision Ordinance

5-5.4

If a curb drain inlet is present, there shall be a minimum distance of ten (10) feet between the inlet and the pavement edge of any driveway.

5-5.5

All driveways shall be constructed within the street frontage of the subject property, as determined by extending the side property lines to the curb line. Neither the driveway nor the curb returns shall overlap adjacent property frontage without written approval from the adjacent property owner.

5-5.6

Common driveways may be approved, provided that a permanent written access easement is obtained.

5-5.7

Driveways may not exceed seventy (70) percent of roadway frontage.

5-5.8

Driveways shall be located no closer to the corner of intersecting rights-of-way than sixty (60) percent of parcel frontage or one hundred (100) feet, whichever is less. Driveways shall not be constructed within the curb return of a street.

5-5.9

Existing driveways may be required to conform with the standards of this Section, including driveway closure and curb construction where appropriate, as a condition of the approval of any zoning, rezoning, Conditional Use Permit or planned development.

5-5.10

All driveways constructed on roadways owned or maintained by the Texas Department of Transportation shall conform to the design requirements outlined in the latest version of the TxDOT Access Management Manual. In the event of conflict between the TxDOT and City of Greenville design standards, the most restrictive regulations shall apply[.]

(Ordinance 08-059, ex. A, adopted 5/27/08)

§ 5-6 Telecommunications Facilities.

5-6.1

Definitions:

Antenna, Microwave Reflector & Antenna Support Structure

- An antenna is the arrangement of wires or metal rods used in transmission, retransmission and reception of radio, television, electromagnetic or microwave signals, including microwave reflectors and antennae. A microwave reflector is an apparatus constructed of solid, open mesh, bar-configured, or perforated materials of any shape or configuration that is used to receive or transmit microwave signals from a terrestrial or orbitally located transmitter or transmitter relay. Microwave reflectors are also commonly referred to as satellite receive only earth stations (T.V.R.O.S.), or satellite dishes. An antenna support structure is any tower, mast, pole, tripod, box frame, or other structure utilized for the purpose of supporting one or more antennae or microwave reflectors.

Antenna (Non-Commercial/Amateur)

- An antenna or antenna support structure used for the purpose of transmission, retransmission, or reception of radio, television, electromagnetic, or microwave signals for private or personal use and not for the purpose of operating a business or for financial gain. A satellite dish antenna not exceeding six feet (6') in diameter shall also be considered as a non-commercial antenna.

Antenna (Commercial)

- An antenna or antenna support structure used for the purpose of transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals primarily for the purpose of operating a business or for financial gain, such as commercial broadcasting and cellular/wireless telecommunications. A satellite dish antenna that exceeds six feet (6') in diameter shall also be considered as a commercial antenna.

Collocation

- The use of a single support structure and/or site by more than one communications provider.

Communications Operations (Non-Commercial/Amateur)

- The transmission, retransmission or reception of radio, television, electromagnetic, or microwave signals for private or personal use, and not for the purpose of operating a business and/or for financial gain.

Communications Operations (Commercial)

- The transmission, retransmission, or reception of radio, television, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or for financial gain.

Height

- The distance measured from the finished grade of the lot or parcel to the highest point on the support structure or other structure, including the base pad and any antennae.

Radio, Television or Microwave Tower

- See "Antenna, Microwave Reflector & Antenna Support Structure".

Residential District

- Any section of the City zoned Agricultural (A), Single-Family One (SF-1), Single-Family Two (SF-2), Single-Family Three (SF-3), Single-Family Attached (SF-A), Two Family (2F), Multi Family One (MF-1), Multi Family Two (MF-2), Manufactured Home Park (MHP), and Patio Home (PH).

Single-Family District

- Any section of the City zoned Agricultural (A), Single-Family One (SF-1), Single-Family Two (SF-2), Single-Family Three (SF-3), Single-Family Attached (SFA), and Patio Home (PH).

(K)

Telecommunications Facility, Tower, or Structure

- See "Antenna, Microwave Reflector & Antenna Support Structure[.]"

(L)

Temporary/Mobile Antenna

- An antenna and any associated support structure or equipment, including, but not limited to, a support pole, a vehicle that is placed and/or used on a temporary basis only not intended to be permanent, usually in conjunction with a special event, news coverage or emergency situation, or in case of equipment failure or temporary augmentation of permanent communications equipment.

(M)

Wireless Communication Tower or Structure

- See "Antenna, Microwave Reflector & Antenna Support Structure".

5-6.2

Applicability.

These regulations apply to all commercial and amateur antennae and support structures, unless exempted herein.

Direct broadcast satellite reception, multi-channel multi-point distribution, as defined by the FCC, television reception antennae, and amateur radio antennae meeting the following requirements do not require a permit unless mounted on a pole or mast that is twenty feet (20') or more in height:

In any zoning district, antennae that are one meter (39 inches) or less in diameter;

In a nonresidential zoning district, antennae that are two meters or less in diameter;

In any zoning district, antennae designed to only receive television broadcasts;

In any zoning district, amateur radio antennae concealed behind or located upon or within attics, eaves, gutters or roofing components of the building; and

In any zoning district, amateur radio ground-mounted whips and wire antennae, unless mounted upon a pole or mast over twenty feet (20') in height.

Support structures or antennae legally installed before adoption of these regulations are not required to comply with this Ordinance, but must meet all applicable State, Federal and local requirements, building codes and safety standards.

Antenna installations shall comply with all other requirements of the Zoning Ordinance and all other City ordinances. If any conflict exists between this Section 5-6 and any other regulations, the most stringent regulations shall apply.

5-6.3

General Requirements:

Antennae and support structures may be considered either principal or accessory uses.

No commercial antenna support structure shall be closer to any residential district boundary line or residential dwelling than a distance equal to twice the height of the support structure. Such setback distance shall be measured as the shortest possible distance in a straight line from the structure to the closest point of a residential district boundary line or residential dwelling. Setbacks from residentially zoned property do not apply to antennae attached to utility structures that exceed fifty feet (50') in height, or to antennae placed wholly within or mounted upon a building.

No amateur or commercial antenna, antenna support structure, microwave reflector or antenna, or associated foundations or support wires or appurtenances shall be located within any required setback area for the front, side or rear yards.

All antennae and support structures must meet or exceed the current standards and regulations of the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), and/or all other applicable Federal, State and local authorities. If those standards change, then the owner and user of an antenna or support structure must bring the antenna or structure into compliance within six (6) months or as may otherwise be required by the applicable regulating authority.

Antennae, whether amateur or commercial, shall not create electromagnetic or other interference with the City’s or Hunt County’s radio frequencies and public safety operations, as required by the FCC. Antennae also shall not interfere with radio or television reception of nearby property owners. In no manner shall the use of such equipment infringe upon adjoining property owners.

No antenna or support structure shall be located so as to create a visual obstruction within critical visibility areas, such as at street intersections or where a private driveway enters a roadway, or a traffic safety problem.

Safeguards shall be utilized to prevent unauthorized access to an antenna installation areas, such as on a water tower, utility structure, or other freestanding installation. Safeguards include certain devices identified and recommended by the manufacturer of the antenna or support structure, a screening wall, a fence, a climbing guard, or other commercially available safety devices. Climbing spikes or other similar climbing device, if utilized, shall be removed immediately following use.

Satellite dishes and other similar antennae shall be permitted on the roof of a building, as long as satellite dishes do not exceed one meter (39") in diameter and antennae do not extend over ten feet (10') above the roof of the building.

Roof-mounted antennae that comply with the provisions of these regulations do not require additional yard setbacks or setbacks from residential areas or dwellings.

Prior to installation of a mounted antenna, the Building Official shall be provided with an engineer’s certification that the building or structure will support the proposed antenna and associated mounted equipment.

(K)

Telecommunications facilities erected by the City of Greenville for police, fire, EMS, 911 or other similar public emergency communications shall be exempt from the requirements of this section.

(L)

Distances in this section shall be measured along a single straight line between the center of the tower base and the nearest point on any property line of a residential zoning district or use. For the purposes of applying the restrictions set forth in Section 5-6.3 A(1), (2), and (6) [sic], the term "residential district or use" excludes property that is:

Vacant and unplatted;

Used as a public or private primary or secondary educational facility;

Used as a college or university education facility;

Owned by the United States, the State of Texas, or the City of Greenville, and not used for residential uses;

Used primarily for religious assembly;

Used as a cemetery;

Occupied by nonresidential, nonconforming use(s); or

Any other site similar to those listed above and determined by the Director of Planning to be consistent with the purposes of this ordinance.

5-6.4

Application Requirements & Platting

Building Permit.

A building permit is required to erect or install an antenna, antenna support structure and related structures or equipment, unless the particular antenna is exempt from these regulations. All installations shall comply with applicable Federal, State and local building codes and the standards published by the Electronic Industries Association. Owners and users shall have thirty (30) days after receiving notice that an installation is in violation of applicable codes in order to bring it into full compliance.

In addition to obtaining a building permit, any person, firm, corporation, or any other entity desiring to build a telecommunications facility within the City limits must pay appropriate fees and submit a complete application that includes all materials and information detailed herein.

Photos and/or drawings of all equipment, structures, and antennas.

Names and addresses of telecommunication providers or users of the proposed tower or antenna.

Complete construction plans stamped by a professional engineer registered with the state of Texas, including a stamped certificate indicating that the proposed tower is designed to meet or exceed the most recent TIA/EIA-222 standards, and is capable of use by two or more wireless communications providers.

An inventory of the company’s existing towers that are either within the City of Greenville, or within one mile of the border thereof, including specific information about the location, height, and design of each tower.

Detailed account of co-location efforts.

Proof of compliance with the distance requirements of this sections.

If the application includes a request for a new tower, the owner of the tower must certify in writing a willingness to allow collocation at the new site; and must produce documentation showing that the property owner agrees to allow collocation of at least one other antenna on the tower.

All new towers must comply with the site and form survey requirements outlined in the City of Greenville’s adopted Building Code, as may be amended.

Any other requirements of this ordinance, or information required by the City of Greenville.

Platting Required.

No permit for the construction of a new telecommunications tower or accessory building shall be issued until a building site, tract, or lot, has been created by plat in conformance with this Zoning Ordinance and with the City’s adopted Subdivision Ordinance.

5-6.5

Temporary Antennae

Temporary antennae shall only be allowed in the following instances:

In conjunction with a festival, carnival, rodeo or other special event or activity;

In case of an emergency, such as severe weather, or a news coverage event;

When needed to restore service on a temporary basis after failure of an antenna installation. The City must be notified within seventy-two (72) hours of the placement of a temporary antenna. If the temporary antenna is to be needed for more than seven (7) days, then the owner and user must apply for and acquire a permit for the temporary installation on or before the eighth (8th) day following initial placement of the antenna.

5-6.6

Collocation

Collocation is greatly encouraged by the City.

All new support structures over fifty feet (50') in height shall be constructed to support antennae for at least two carriers, unless the structure is an alternative or stealth design, or the support structure is replacing an existing utility structure or light standard. Sufficient area for associated structures and equipment shall also be provided.

A support structure which is modified or reconstructed in order to accommodate collocation shall be of the same type, design and height as the existing structure, and it may be moved on the same property within fifty feet (50') of its original location provided that it is not moved any closer to residentially zoned property. If the structure was allowed by SUP, then its new location shall be within the physical/land boundaries of the SUP. The original support structure shall be removed from the property within ninety (90) days following completion of the new structure.

Where an additional antenna is to be attached to an existing support structure that already has an antenna mounted upon it, the new antenna shall comply with and be compatible with the design of the existing antenna on the collocated structure.

5-6.7

Accessory Structures

Accessory Building.

A single-story unmanned accessory building of no more than 300 square feet gross floor area is permissible to store equipment needed to send and to receive transmissions but may not include offices or long term storage of vehicles.

Roof-mounted support equipment, related areas, and buildings shall be screened from public view if mounted on a rooftop.

Support buildings and equipment storage areas that are ground-mounted shall meet all applicable front, side and rear yard setback requirements of the applicable base zoning district. They shall also be of a neutral color and shall use exterior finish colors and materials that are compatible with nearby structures. They shall be screened from public view by a dense, opaque evergreen landscaped screen with an initial planting height of three feet (3'), and which will attain an ultimate height of six feet (6') at maturity. A six-foot (6') solid masonry wall may be used in lieu of the landscaped screen provided exterior finish materials are compatible with nearby structures. The use of a wood fence for screening is prohibited, and wrought iron or chain link may only be used in conjunction with a landscaped screen as specified above.

5-6.8

Signs, Lights and Other Attachments

All commercial signs, flags, lights and attachments other than those required for emergency identification, communications operations, structural stability, or as required for flight visibility by the FAA and/or FCC shall be prohibited on any antenna or antenna support structure.

However, lights may remain or be placed upon light standards that are altered or replaced in order for them to serve as antenna support structures provided that said lights are not commercial in nature, and provided that said lights are placed/replaced as the same size, configuration, number of bulbs, degree of luminance, etc. as they previously existed prior to support structure modification or replacement.

No lettering, symbols, images, or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent roadway shall be placed on or affixed to any part of a telecommunications facility, other than as required by Federal Communications Commission regulations regarding tower registration or other applicable law.

5-6.9

Limitations on Telecommunications by Zoning District

Any publicly owned antennae or antenna support structures shall be permitted in any zoning district, including public safety communications.

In all residential zoning districts, commercial antennae and antenna support structures are prohibited.

Except that a commercial antenna may be attached to a utility structure, including electrical transmission, distribution towers and elevated water storage tanks, provided that the utility structure exceeds fifty feet (50') in height, and provided that the antenna does not extend more than ten feet (10') above the height of the utility structure.

Only one (1) amateur antenna and support structure shall be permitted per residential lot, except that a maximum of two (2) satellite dishes may be allowed if both units are no larger than one meter (39") in diameter. Satellite dishes in any residential district shall not exceed twelve feet (12') in diameter, and must be permitted by the Community Development Director.

In nonresidential zoning districts, commercial antennae and antenna support structures are permitted as follows:

Commercial antenna support structures are allowed by right if they do not exceed the maximum building height allowed for the zoning district in which they are located. Structures in excess of the height allowed in the zoning district may be allowed by Conditional Use Permit (CUP) provided the structure conforms in all other aspects of the base zoning district’s regulations, and provided that all applicable setback requirements are satisfied. In all nonresidential zoning districts, antenna support structures must meet all setback requirements, particularly from residential zoning districts.

A commercial antenna may be attached to a utility structure, including electrical transmission, distribution towers and elevated water storage tanks, provided that the utility structure exceeds fifty feet (50') in height, and provided that the antenna does not extend more than ten feet (10') above the height of the utility structure.

A telecommunications tower may be permitted in Office (O) and non-single-family residential zoning districts where authorized by a Conditional Use Permit.

A roof or building mounted telecommunications facility may be permitted in single-family zoning districts where authorized by a Conditional Use Permit.

A commercial antenna may be placed wholly within any building permitted in either a residential or nonresidential zoning district. A commercial antenna may also be mounted flush to the exterior of a building or structure if it is painted or disguised to integrate into the overall architectural design and it is not readily visible or identifiable as an antenna from public roadways or from neighboring residential properties.

5-6.10

(Reserved)

5-6.11

Conditional Use Permit (CUP) Requirements

Each applicant requesting a Conditional Use Permit for a telecommunications facility shall submit a scaled Site Plan and a scaled elevation view and other supporting drawings, calculations and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, fencing, landscaping, adjacent uses, and other information deemed necessary to assess compliance with this ordinance.

A Conditional Use Permit for a telecommunications facility is appropriate only when anticipated impact on residential areas is minimal. The City Council shall consider the following factors in determining whether to issue a Conditional Use Permit.

Height of the proposed tower;

Proximity of the tower to residential structures;

Nature of uses on adjacent and nearby properties;

Surrounding topography;

Design of the tower or antenna, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

Availability of suitable existing towers and other structures as discussed in (E) below.

New towers and antennas shall not be located on any lot occupied by a single-family residence.

New towers shall be of monopole construction only.

If a new tower is requested, the applicant must demonstrate to the reasonable satisfaction of the City Council that no existing tower or structure can accommodate the applicant’s proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant’s proposed antenna may consist of any of the following:

No existing towers or structures located within the geographic area required meet the applicant’s engineering requirements.

Existing towers or structures are not of sufficient height to meet applicant’s engineering requirements.

Existing towers or structures do not have sufficient structural strength to support the applicant’s proposed antenna and related equipment.

The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable.

The applicant demonstrates that there are other limiting factors that render existing towers and structure unsuitable.

5-6.12

Abandonment.

The owner of a telecommunications facility shall notify the building official when the tower is no longer operating as part of a telecommunications system authorized by the Federal Communications Commission. Within 180 days of the date the facility ceases to operate as part of an authorized telecommunications system, the facility must either be removed from the site, or a certificate of occupancy must be obtained to allow another permitted use of the facility.

5-6.13

Appeal

Any entity that desires to erect and/or to utilize telecommunication facilities that wishes to present evidence that such entity would be limited by the current ordinances or regulations of the City dealing with zoning and land use, may apply for such use under this section. This applicant must demonstrate to the satisfaction of the City Council that the following conditions exist:

A permit for a telecommunications facility has been applied for and denied by the City.

The strict application of the regulations would prohibit or have the effect of prohibiting personal wireless service, as defined by federal law.

§ 5-7 Exterior Construction Requirements and Standard.

Upon finding that the above conditions exist, the City Council shall modify the subject regulations, consistent with the spirit and intent of this chapter and section, to the extent necessary to prevent the prohibition.

(Ordinance 08-059, ex. A, adopted 5/27/08)

5-7.1

Definitions:

For the purpose of this section, Acceptable Masonry Wall Construction is defined as and shall include the following:

Stone Material:

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

Brick Material:

Brick material used for masonry construction shall be hard fired (kiln fired) clay or slate material. Unfired or underfired clay, sand, or shale brick are not permitted.

Concrete Masonry Units:

Concrete masonry units used for exterior masonry construction shall have an indented, hammered, split face, or other similar architectural finish. Lightweight concrete block or cinder block construction is not acceptable masonry wall construction.

Concrete Panel Construction:

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

Stucco or similar exterior finishing system.

Exterior Insulating Finishing System (EIFS).

Glass Wall Construction:

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

5-7.2

Construction Standards.

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

Nonresidential Structures (excluding churches).

Major Thoroughfares and Collector Streets.

Nonresidential structures constructed on lots that have frontage on U.S. Highway 69 (Joe Ramsey Blvd.), Business U.S. Highway 69 from U.S. Highway 69 to Interstate 30, State Highway 34 (Wesley Street) from the south city limits to Pickett Street, Interstate Highway 30, FM 1570, US Highway 380 and State Highway 66; shall have at least seventy-five percent (75%) of the total exterior walls above grade level, excluding doors and windows, constructed of acceptable masonry wall construction, in accordance with the city’s building code and fire prevention code. Building facades which face or side any public street or single-family zoning district, shall have one hundred percent (100%) of the total exterior walls above grade level, excluding doors and windows, constructed of acceptable masonry wall construction.

Downtown.

All structures in the area designated as the Central Area (CA) Zoning District are subject to the exterior design requirements in Section 3-6.

All Other Locations.

The exterior walls on all other nonresidential structures which face or side any public street or single-family zoning district, and at least twenty percent (20%) of the length of side elevations extending back from the front elevation, shall have at least eighty percent (80%) of the total exterior walls above grade level, excluding doors and windows, constructed of acceptable masonry wall construction, in accordance with the city’s building code and fire prevention code.

Multi-family Uses.

All principal multi-family buildings and structures shall have at least ninety percent (90%) of the total exterior walls above grade level, excluding doors and windows, constructed of acceptable masonry wall construction, in accordance with the city’s building code and fire prevention code.

Churches.

The exterior walls on churches, which face or side any public street, and at least twenty percent (20%) of the length of side elevations extending back from the front elevation, shall have at least eighty percent (80%) of the total exterior walls above grade level, excluding doors and windows, constructed of acceptable masonry wall construction, in accordance with the city’s building code and fire prevention code.

Exterior Metal Walls.

Exterior metal walls shall include profiled panels, deep ribbed panels, and concealed fastener systems. Exterior finish shall be film laminated or baked on enamel painted to the wall manufacturer’s standards. The use of corrugated metal, plastic, or fiberglass panels is prohibited. The use of galvanized, aluminum coated, zinc-aluminum coated, or unpainted exterior metal finish is prohibited.

5-7.3

Exceptions.

Strict adherence to these rules shall not be such as to prevent architectural creativity. Requests for exceptions based on architectural design and creativity, and compatibility with surrounding developed properties, may be considered by the Planning and Zoning Commission who shall submit their recommendations to the City Council for approval.

The Director of Community Development may approve a waiver or exception to the requirements of this section for accessory structures or additions to existing buildings that were previously exempt from this section (as defined in subsection (H) [Section 5-7.5]); where the size of such accessory structures or additions do not exceed twenty-five percent (25%) of the size of the existing structure, or two thousand five hundred (2,500) square feet or, whichever is less. Such exception may only be considered for approval when the proposed building exterior is of like material to that of the existing structure or where the location, either by line of site or distance from the roadway, provides limited visibility.

5-7.4

Facade Articulation Required

All nonresidential structures greater than 50,000 square feet in size must be offset or varied such that facades are articulated. Specifically, walls must be varied by at least three feet (3') in depth for every thirty feet (30') in horizontal and/or vertical surface length. Such facade articulation shall be shown on the Site Plan. Refer to Section 2-2 for the definition of articulation.

5-7.5

Exemptions.

The following are exempt from the provisions of this section (Section 5-7):

Single-family and two (2) family homes and accessory buildings.

Barns and farm accessory buildings if such buildings are used solely for agricultural purposes.

Manufactured or mobile homes otherwise lawfully existing under the provisions of the Zoning Ordinance.

Remodeling activities that result in less than fifty percent (50%) of the modification or replacement of the existing structure.

Temporary buildings used for construction offices, and permitted for a limited period of time by the Building Official.

Industrial buildings located in Light Industrial (I-1) or Heavy Industrial (I-2) Zoning Districts, that are used for manufacturing, or other related industrial uses, except that those constructed on lots that have frontage on U.S. Highway 69 (Joe Ramsey Blvd.), Business U.S. Highway 69 from U.S. Highway 69 to Interstate 30, State Highway 34 (Wesley Street) from the south city limits to Pickett Street, Interstate Highway 30, FM 1570, US Highway 380 and State Highway 66; shall have at least thirty-five percent (35%) of the total exterior walls above grade level, excluding doors and windows, constructed of acceptable masonry wall construction.

All buildings located in the Majors Field Addition.

Building projects for which a building permit or Site Plan approval has been formally applied prior to the effective date of this section are exempt from the requirements of this section.

(Ordinance 08-059, ex. A, adopted 5/27/08; Ordinance 09-025 adopted 4/14/09)

§ 5-8 Landscaping Requirements.

5-8.1

Purpose and Intent.

The landscaping provisions are included in this section to improve the physical appearance of the community; to improve the environmental performance of new development by contributing to the abatement of heat, glare, or noise and by promoting natural percolation of stormwater and improvement of air quality; and to conserve the value of property and neighborhoods with the City. The integration of landscaping is also supported by adopted City policy, in the form of the Comprehensive Plan.

5-8.2

Definitions

ARCADE:

A covered passageway, typically found at street level, often comprised of a series of arches supported by columns.

CALIPER:

A horticultural method of measuring the diameter of the trunk of a nursery-grown tree for the purpose of determining size. The caliper of the trunk is measured six inches (6") above the ground for trees up to and including four inches (4") in diameter and twelve inches (12") above the ground for trees greater than four inches (4") in diameter. Caliper inch sizes for existing trees shall be measured in Diameter at Breast Height (DBH).

CANOPY TREE:

A tree with height at maturity greater than forty feet (40') which produces significant shade due to the size and shape of its canopy.

CRITICAL ROOT ZONE (CRZ):

A circular area measured outward from a tree trunk representing the essential area of the roots that shall be maintained for the tree's survival. The CRZ is measured one foot (1') of radial distance for every inch of tree DBH, with a minimum of eight feet (8').

DIAMETER AT BREAST HEIGHT (DBH):

The measurement of the diameter of a tree trunk taken at a height of four-and-one-half feet (4-1/2') above the ground. Trees with multiple trunks should be treated as multiple trees and the DBH for each trunk added to aggregate diameter measurement.

DOCUMENTED ASSURANCE:

A copy of a valid contract to install any required landscaping, as required when temporary Certificates of Occupancy are issued in lieu of immediate landscape installation.

EVERGREEN TREE OR SHRUB:

A tree or shrub with foliage that is not dropped annually or that remains green throughout the year.

GROUND COVER:

Natural mulch or plants of species which normally reach a height of less than two feet (2') upon maturity, installed in such a manner so as to form a continuous cover over the ground.

LARGE SHRUB:

Evergreen or deciduous shrub type vegetation with a typical height at maturity of between six (6) and ten (10) feet.

PRIMARY DRIVE AISLE:

A primary drive aisle that extends from the facade of the building containing the primary entrance to the greater street network or to a surface parking lot greater than one parking bay wide.

SMALL TYPE SHRUB:

Evergreen or deciduous shrub type vegetation with a typical height at maturity of between two (1) and six (6) feet.

SPECIMEN TREE:

A tree with unique and significant features, such as size, shape, or type.

UNDERSTORY TREE:

A small to medium-sized tree with a height at maturity greater than eighteen feet (18'). Understory trees are typically used for aesthetic purposes or when utility conflicts prohibit the planting of canopy trees.

VEHICULAR USE AREA:

The portion of a site or development dedicated to vehicular ingress and egress, off-street parking, parking aisles, internal travel ways, fire lanes, and other areas dedicated to vehicular use, but not including vehicular storage or display areas.

XERISCAPE:

A landscaping method developed for arid and semiarid climates that utilize water-conserving techniques such as efficient irrigation, mulch, and drought-tolerant plants.

5-8.3

Applicability of Landscape Standards.

All new, altered, expanded, repaired, or redeveloped nonresidential and multifamily land uses shall install landscaping pursuant to the requirements of this section. When an expansion of existing building square footage or parking area does not exceed fifty percent (50%), only the expanded portion of the building or parking area shall conform to these requirements. When building or parking area expansions exceed fifty percent (50%), the entire site shall conform to these requirements.

In addition, any use requiring a Conditional Use Permit or any property having a Planned Development zoning designation must comply with these Landscape Requirements or the standards set forth in the Planned Development Ordinance, whichever is more restrictive.

5-8.4

Exemptions.

The following are exempt from the standards of this Section:

Property zoned Central Area.

Interior and/or exterior remodels where the existing building footprint is not modified in any way.

5-8.5

General Requirements for Landscape

Landscape Plan

Landscape plans shall be submitted to the Community Development Director, who shall approve or deny the plan. At the Director’s discretion, landscape plans may be referred to the Planning and Zoning Commission for approval or denial.

All landscape plans shall be prepared or stamped by a Registered Landscape Architect. The Community Development Director may elect to waive this requirement for smaller sites where site landscaping is relatively simple in nature.

The City desires all landscape plans to clearly show compatibility with all requirements herein. The City is hereby empowered to maintain and distribute a separate list of specific requirements for landscape plans. All applications and related contents shall be submitted consistent with these requirements, a checklist of which shall be supplied by the Community Development Department.

The Community Development Director shall have the authority to modify the landscape requirements of this section where the redistribution of plant materials is appropriate to the site and its surroundings and where said redistribution maintains the intent and purpose of this section.

Planting Standards

Minimum Quality and Size.

The standards for all trees and shrubs planted as part of any landscaping shall conform to the American Standard for Nursery Stock published by the American Association of Nurserymen for that type of tree or shrub at the time of installation. Only landscape materials approved by the City of Greenville shall be installed. Minimum plant sizes are as follows (unless otherwise required):

Canopy trees shall be at least twelve feet (12') tall and three inches (3") caliper at the time of planting, and shall have an expected mature height of at least thirty feet (30').

Evergreen canopy trees shall be at least eight feet (8') tall and three inches (3") caliper at the time of planting, and shall have an expected mature height of at least thirty feet (30').

Understory trees shall be at least eight feet (8') tall and three inches (3") caliper at the time of planting, and shall have an expected mature height of at least eighteen feet (18').

Large shrubs shall be at least thirty inches (30") tall at the time of planting and at least five (5) gallon container size, and shall have an expected mature height between six (6) and ten (10) feet.

Small type shrubs shall be at least eighteen inches (18") tall at the time of planting and at least three (3) gallon container size, and shall have an expected mature height between two (2) and six (6) feet.

Shrubs used as ground cover shall be at least one (1) gallon container size.

Visibility.

Plant materials shall be arranged in accordance with the City’s Visibility Easement requirements so as to not interfere with driver vision and vehicle circulation.

Plant Diversity.

To curtail the spread of disease or insect infestation, no single species of landscape material, except grass, shall constitute more than twenty-five percent (25%) of the plant material of its type on a single development site.

Stabilization.

All landscape planting areas shall be stabilized and maintained with seed, sod, ground covers, mulches, or other approved materials to prevent soil erosion and allow rainfall infiltration.

Trees Adjacent to Paved Areas.

Pavement shall not be placed closer than the drip line of the tree at the time of installation, unless a root barrier approved by the Community Development Director is utilized.

Preservation of Existing Landscape Materials.

Except when necessary to provide access to a site or when physically located in planned roadways, drainage ways, or building foundation sites, any existing healthy trees that are eight inches (8") in caliper or greater shall be protected, maintained, and designed around unless approved for removal by the Community Development Director during site plan review. The applicant shall submit a justification for any trees and shrubs to be removed.

When existing trees are removed, they shall be replaced with new plantings on site in addition to any other planting requirements of this section. In general, trees shall be replaced on a one-for-one basis unless site conditions otherwise dictate a different ratio, as determined by the Community Development Director.

Incentives

Existing healthy trees that are saved and incorporated into the overall site landscape design may be counted towards meeting the applicable requirements of this section. Specimen trees may, at the discretion of the Community Development Director, be credited as two (2) trees for the herein minimum requirements.

Up to a twenty percent (20%) reduction in the number of parking spaces required shall be allowed where the reduction will preserve existing healthy trees. Unique site conditions will dictate the specific amount of the reduction.

Tree Protection during Construction

Prior to demolition, clearing, construction, grading, and installation of erosion control measures, tree protective barriers must be installed around all Critical Root Zones (CRZ) by the developer.

Tree protection fencing shall be located along the perimeter of the CRZ. Tree protection fencing shall consist of orange safety fencing or a combination of orange safety fencing with silt fencing at a minimum of four feet (4') in height on metal or wood posts. Signage designating the area as a "Tree Protection Area" must be posted in addition to the required fencing.

Irrigation.

To ensure adequate watering of plant materials in landscape areas, all required landscaped areas shall be irrigated with an in ground, automated sprinkler or drip irrigation system equipped with rain or freeze sensors. Temporary and aboveground systems will be considered when xeriscape plants and installation techniques are used.

Landscape Installation and Inspection

All landscaping, including mulching, seeding and sod, shall be installed in accordance with the approved landscape plan prior to the issuance of a Certificate of Occupancy for any building on site.

If, due to circumstances beyond the property owner’s control, the required landscaping cannot be installed prior to the completion of the building and if the property owner provides the Community Development Department with documented assurances that the landscaping will be completed within six months and the funds required to complete the project are placed in escrow with the City, the building official may issue one six-month Temporary Certificate of Occupancy and permit the property owner to complete the required landscaping within six months. The City shall hold the funds in escrow until such time as the landscaping is completed in accordance with the approved landscape plan.

The building official, or his designee, shall inspect the site prior to the issuance of a Certificate of Occupancy and again one year after the issuance of a Certificate of Occupancy to ensure compliance with the approved landscape plan and to ensure that the site landscaping is properly maintained. Failure to maintain required landscape areas shall result in fines and/or revocation of the Certificate of Occupancy.

Maintenance of Landscape Materials

The applicant, their successors, assigns, and/or subsequent owners and their agents shall be responsible for the installation, preservation and maintenance of all planting and physical features required in this section, including landscaped areas adjacent to the site within the street right-of-way. Any vegetation that is dead, substandard, unhealthy, or poor structural quality, or missing, shall be removed and replaced in conformance with the standards of this section and the approved landscape plan within thirty (30) days of notification by the City. Failure to replace substandard landscape materials within thirty (30) days of notification shall result in fines and/or revocation of the Certificate of Occupancy.

Pruning of trees shall be done according to the National Arborists’ Association Standards in a manner that preserves the character of the tree.

Any damage to utility lines resulting from the negligence of the property owner, his agents or his employees in the installation and maintenance of required landscaping in a utility easement is the responsibility of the property owner.

Landscape materials may be planted within a utility easement at the sole risk of the property owner. If a public utility disturbs or damages a landscaped area in a utility easement during utility work, it is the obligation of the property owner to replace the materials in accordance with the approved Landscape Plan.

5-8.6

Site Landscape Standards.

Minimum Landscape Area.

The minimum landscape area for "O" Office zoning districts shall be not less than fifteen percent (15%) of the area of the site. For all other nonresidential and multifamily zoning districts, the minimum landscape area shall be not less than ten percent (10%) of the area of the site.

Street Trees

Street trees shall be installed in a planting strip between the edge of curb and the sidewalk in accordance with Article 16.06 of the City of Greenville Code of Ordinances. Where site conditions preclude the use of street trees, the same number of trees shall be incorporated into the site landscape as approved by the Community Development Director.

Street trees planted in accordance with Article 16.06 of the City of Greenville Code of Ordinances shall be provided along both sides of the primary drive aisle within large off-street surface parking lots of two hundred fifty (250) spaces or more.

Streetscape

A minimum ten-foot (10') wide streetscape buffer shall be provided along the property line that is adjacent to any street right-of-way. Corner lots fronting two (2) rights-of-way shall provide the required streetscape buffer on both street frontages.

The buffer shall contain one (1) canopy tree per forty feet (40') of frontage and one (1) understory tree for every two (2) canopy trees. Where overhead utility lines preclude the use of canopy trees, one (1) understory tree per thirty feet (30') of frontage shall be planted. Trees may be planted in natural groupings to provide view corridors into the development.

Vehicular Use Areas

Interior Parking Lot Landscape.

Parking lots are to be treated as enclosed rooms for cars, with enclosure provided by parking lot and perimeter tree planting and/or building walls. Interior parking lot landscaping shall not be required for small lots (less than 20 spaces).

Interior landscaping of parking lots shall consist of canopy trees placed such that each section of parking (up to 36 spaces per section) is enclosed by trees with a maximum spacing of forty feet (40') on center augmented with groupings of at least five (5) small-type shrubs/hedge plants planted between the trees. Understory trees spaced no more than thirty feet (30') on center shall replace canopy trees where utility conflicts exist.

Planting areas within parking lots shall be at least eight feet (8') wide, a minimum of two hundred (200) square feet in area and designed to minimize damage to landscape materials by parking or moving vehicles. Planting areas shall be edged with a curb at least six inches (6") in height; however this requirement shall not deter on-site stormwater management devices such as bioretention. Planting areas shall contain a combination of trees, shrubs, turf, ground covers, mulches, and seasonal color, where appropriate.

Planting areas should be located at both ends of every interior and peripheral parking row, regardless of the length of the row.

Vehicle Use Area Perimeter Landscape.

Perimeter landscaping shall be designed to screen off-street parking lots and other vehicular use areas from public rights-of-way and adjacent properties.

Screening shall be provided by installing along the perimeter of the vehicular use area a continuous row of shrubs, spaced a maximum of three feet (3') on center. The shrubs shall reach a height of at least forty-two inches (42") within three (3) years. The screen may be penetrated by vehicular or pedestrian access ways. A masonry wall at least three feet (3') in height augmented with low shrubs, ground covers, and seasonal color may be used as an alternative.

Canopy trees shall line the vehicular use area at a maximum of forty feet (40') on center. Understory trees spaced no more than thirty feet (30') on center shall replace canopy trees where utility conflicts exist.

Foundation Landscape

Foundation landscape shall be required along the front and side of each building. Multifamily development or commercial out lot parcels shall also provide foundation landscape along the rear of each building.

The sum length of this planting must equal at least fifty percent (50%) of the length of that side of the building. Planting areas shall be a minimum of four feet (4') in width and shall contain shrubs, ground covers, and seasonal color. Where vehicles overhang a foundation planting strip, the width shall be a minimum of six feet (6'). Planter boxes are discouraged, but may be approved where circumstances warrant their use.

A fifteen foot (15') deep arcade, at least sixty percent (60%) of the building’s length along the front facade, may replace the foundation planting requirement along that facade only. A ratio of one (1) tree per ten feet (10') of non-arcade clad building wall is required.

Detention Basins.

Detention basins shall be landscaped in a natural manner using groundcover, grasses, shrubs, and trees in all dry land areas. A minimum of one (1) tree per seven hundred and fifty (750) square feet of dry land area is required.

Adjacent to Required Landscape and Screening Areas.

It is not the City’s intent to require a duplication of landscape requirements. It is understood that these requirements may overlap at times. Where an overlap occurs, duplication of landscape materials may not be required if one common landscape area fulfills the stricter of the overlapping requirements.

(Ordinance 11-024 adopted 4/12/11)

§ 5-9 Exterior Lighting.

5-9.1

Purpose.

The City of Greenville desires to enhance the beauty of the area for its citizens, both during the day and at night. This includes the restriction of light trespass, light pollution and glare so that safety and security will not be jeopardized and night vision will be enhanced.

5-9.2

Definitions.

Average to Minimum:

The ratio of average footcandles to the minimum footcandle point calculation or reading for a given area. This ratio is an indicator of lighting uniformity. The lower the ratio the better the uniformity.

Cutoff:

A luminaire light distribution where the candela per 1,000 lamp lumens does not numerically exceed 25 (2.5%) at a vertical angle of 90 degrees above nadir and 100 (10%) at a vertical angle of 80 degrees above nadir. This applies to all lateral angles around the luminaire.

Exterior Lighting:

The nighttime illumination of an outside area or object by any manmade device located outdoors that produces light by any means.

Fixture:

The assembly that houses the lamp or lamps and can include all or some of the following parts: housing, mounting bracket or pole, socket, lamp holder, ballast, reflector or mirror, and/or refractor or lens.

Flood or Spotlight:

Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction with a wide or narrow beam.

Footcandle(s):

The amount of light falling on a surface (measured or calculated). It can be quantified as one lumen per square foot. For an approximate conversion from lux to footcandles, divide by ten. The exact conversion is 10.76 lux equals one footcandle.

Footcandles, Average:

The average of a number of points of footcandle calculations or footcandle readings in a given area.

Footcandles, Initial:

Footcandles that are calculated with no adjustment for dirt buildup in the fixture or lamp lumen depreciation. Initial footcandles should be measured when a lighting system is new and after 100 hours of lamp burn-in time.

Footcandles, Minimum:

The minimum footcandle point calculation or reading in a given area.

Full Cutoff:

A luminaire light distribution where zero candela intensity occurs at an angle of 90 degrees above nadir, and at all greater angles from nadir. Additionally, the candela per 1,000 lamp lumens does not numerically exceed 100 (10%) at a vertical angle of 80 degrees above nadir. This applies to all lateral angles around the luminaire.

Lamp:

The component of a luminaire that produces the actual light.

Light Trespass:

The shining of light produced by a luminaire beyond the boundaries of the property on which it is generally located and intended.

Luminaire:

This is a complete lighting system, and includes a lamp or lamps and a fixture housing, reflector(s), refractor, etc.

Luminance:

What we commonly call brightness or the light coming from a surface. Luminance is composed of the intensity of light striking an object or surface and the amount of that light reflected back toward the eye. All surfaces have some reflecting qualities and therefore have luminance, light surfaces being more reflective than dark surfaces. The luminance of asphalt pavement and the moon can both be measured.

Mounting Height of Luminaire:

The mounting height of a luminaire shall be the vertical distance from the ground directly below the centerline of the luminaire to the center of the light source (lamp) in the luminaire.

Non-Cutoff:

A luminaire light distribution where there is no candela limitation in the zone above maximum candela.

17.

Nonconforming Luminaries:

Luminaries not conforming to this Section that were in place at the time this Section was voted into effect.

18.

Temporary Exterior Lighting:

The nighttime illumination of an outside area or object by any manmade device located outdoors that produces light by any means for a limited period of time. This period can be specified by the Town.

19.

Uniformity:

A description of the smoothness of the lighting pattern or the degree of intensity of light and dark areas in the roadway or area to be lighted. Uniformity is usually expressed as a ratio such as max to min or average to min. The lower the ratio the more uniform the lighting design.

5-9.3

Applicability.

This Section shall apply to all new, expanded, or redeveloped multifamily, townhouse, single-family attached and nonresidential construction where exterior lighting is existing or proposed.

5-9.4

Exemptions.

The following are exempt from the standards of this Section:

An expansion of existing building square footage or parking area that does not exceed fifty percent (50%). For example, an existing 2,000 square foot building may expand up to an additional 1,000 square feet without meeting the requirements of this Section.

Decorative lighting used for holidays, special events, parties, etc. Said lighting must be removed within a reasonable time following the holiday, special event, or party. The Building Official shall determine what the "reasonable time" should be.

Luminous tube lighting.

Hazard warning luminaries required by federal and state regulatory agencies.

Temporary emergency lighting by police, fire, or other emergency services, as well as vehicular luminaries.

Single-family and two-family dwellings, provided that lighting shall not shine directly onto any dwelling beyond the property line.

City Council may vary from these requirements as part of the approval of public street or sidewalk projects.

5-9.5

Lighting Plan Required.

Lighting plans should be developed in conjunction with landscape plans, and coordinated so that potential conflicts between utility lines and plant materials are avoided, light is not blocked by tree canopies, and existing vegetation is protected. Any non-exempt development that proposes exterior lighting shall submit a detailed lighting plan as part of site plan approval. The Community Development Director may elect to waive this requirement for small independent projects if the fixture types are specified on the plan and comply with the requirements of this Section. A lighting plan shall include:

Graphic representations and written description of each type of illuminating device, fixture, lamp, pole, support, reflector, and other devices. This may include, but is not limited to, catalog cuts by manufacturers and/or specification drawings.

An isofootcandle plan that shows typical footcandle contours or a point photometric grid that indicates footcandle levels measured at grade across the site and adjacent areas just beyond the property line to indicate the amount of light trespass.

Photometric summary table showing initial footcandles (maximum, average, and minimum), uniformity ratio (Average: Minimum), and light loss/depreciation factors. Footcandle levels must be shown at initial levels.

In the event that the applicant’s initial submittal does not clearly demonstrate compliance with this Section, additional information and/or a compliance certification stamped by a certified testing laboratory or professional engineer may be requested by the Community Development Department.

An as-built/installed lighting certification, stamped by a certified testing laboratory or professional engineer, stating that all site lighting is installed according to an approved site plan shall be required prior to the issuance of a Certificate of Occupancy.

Any changes to an approved lighting plan must be approved by the Director of Community Development through a site plan revision.

5-9.6

Illumination Standards.

All site lighting shall not exceed the intensities and uniformity ratios in the tables below, unless otherwise specified herein. Where there is a question as to the use or illumination standard, the Illumination Engineering Society of America (IESNA) Lighting Handbook, as amended, shall serve as a guide for providing adequate and safe illumination levels.

Table 5: Lighting Standards for General Parking Areas (initial footcandles)
Use	Horizontal Illuminance Average	Uniformity Ratio (Average:Minimum)
Multifamily Residential Retail and Commercial	4.0	4:1
Office Industrial Institutional Cultural, Civic, and Recreational Place of Worship Attached Residential	2.0	4:1

Table 6: Other Exterior Lighting Standards (initial footcandles)
Location	Horizontal Illuminance Average	Uniformity Ratio (Average:Minimum)
Vital Locations*	5.0	4:1
Sidewalks	1.0	4:1
Vehicular Use Area (non-parking)	1.0	4:1
Storage Yards	4.0	4:1
Loading/Unloading Areas	15.0	4:1
Outdoor Sales/Display Areas	10.0	4:1
General Recreation Areas (ball fields, playgrounds, pools)	10.0	4:1

*Includes entry/exit doors, service areas, ATM’s, etc. and based on an area 10' x 10' or the limits of the specific area

5-9.7

Design Standards.

All outdoor lighting shall conform to the standards and provisions listed below:

Mounting Heights.

Outdoor lighting shall be designed, located and mounted at heights no greater than eighteen (18) feet above grade for non-cutoff lights and building mounted lights; thirty (30) feet above grade for full cutoff lights.

Luminaire Standards.

The City of Greenville approves the use of the following luminaries and lamps:

Luminaries:

Shielded flood, cobra head full cutoff, decorative post lights (non-cutoff, cutoff, and full cutoff), fully-shielded walkway bollards, shoebox, shielded goose-neck fixtures and cutoff wall packs. Other luminaries may be approved by the Community Development Director if they demonstrate unique architectural design while maintaining performance standards of approved luminaries.

Lamps:

Metal halide and high pressure sodium (HPS) only. Lamps for non-cutoff fixtures shall not exceed 100 watts.

Color Rendition:

The quality of the light source shall be a minimum of 65 CRI (color rendition index), as indicated by the lamp manufacturer’s data.

Light Trespass.

Outdoor lighting shall be selected, designed, located and installed so that spillover light and glare onto public rights-of-way and residential property is significantly limited.

All outdoor lighting shall be located at least five (5) feet from a property line, or the light fixtures must be equipped with house-side shields, or the fixtures must provide a forward-type throw (IES Type IV) light distribution pattern.

The maximum illumination at the property line shall not exceed 0.3 initial footcandles when adjacent to residential sites and 1.0 initial footcandles when adjacent to nonresidential sites and public rights-of-way.

Canopies.

Lighting levels for convenience stores, gas stations, bank and pharmacy drive-thru’s, large main entrance canopies, etc. shall be adequate to facilitate the various activities taking place at such locations.

Canopies shall only use recessed lighting fixtures (including lenses) mounted flush with the bottom of the canopy. Lighting shall not be mounted on the top or fascia of the canopy. Canopy fascias shall not be illuminated.

Illumination shall not exceed 12 initial footcandles measured at the immediate perimeter of the canopy and 25 initial footcandles measured under the canopy.

Wall- or Roof-Mounted Lighting.

Wall packs or shielded goose-neck fixtures on buildings may be used to illuminate pedestrian walkways, entrance areas, and yard areas within thirty (30) feet of the building. They are not intended to draw attention to the building or provide general building or site lighting. Luminaries on the exterior of the building shall be fully shielded (true cut-off type bulb or light source not visible from off-site) to direct the light vertically downward and be of low wattage (preferably one hundred (100) watts or lower).

Building Facades.

The purpose of lighting Facades and building elements is to accent features, not to illuminate entire portions of buildings. Lighting fixtures shall be carefully selected, located, aimed, and shielded so that direct illumination is focused exclusively on a portion of the building facade and not on adjacent streets or properties. Fixtures should be aimed downward rather than upward wherever possible. Floodlight fixtures must be equipped with shields and must not exceed the footcandles specified for floodlighting surfaces in the most recent IESNA Lighting Handbook. Floodlights or other type of lighting attached to light poles that illuminate the site and/or building(s) are prohibited.

Illumination of Outdoor Sports Fields and Performance Areas.

Lighting of outdoor sports fields and performance areas are excluded from the regulation of this Section, but shall be installed in accordance with the following requirements:

All such lighting fixtures shall be equipped with a glare control package (e.g., louvers, shields, or similar devices), and the fixtures shall be aimed so that their beams are directed and fall within the primary playing or performance area. Light trespass at the property line shall not exceed 0.3 initial footcandles onto residential properties.

The hours of operation for the lighting system for any game or event shall not exceed one (1) hour after the end of the game or event.

Sign Lighting.

Externally illuminated signs, advertising displays, billboards, building identification and monument signs shall use top mounted light fixtures which shine light downward and which are fully shielded or upward with pin-pointed light which are fully shielded.

Flags, Statues, and Monuments.

Outdoor light fixtures used to illuminate flags, statues, or any other objects mounted on a pole, pedestal, or platform shall use a very narrow cone of light for the purpose of confining the light to the object of interest and minimize spill-light and glare.

5-9.8

Nonconforming Luminaries

Exterior lighting luminaries in existence on the effective date of this Section shall be exempt from these standards and shall be considered legally nonconforming. Such fixtures may be repaired, maintained and replaced.