Whenever the specific district regulations pertaining to one district permit the uses of a more restrictive district, such uses shall be subject to the conditions as set forth in the regulations of the more restricted district, unless otherwise specified.

It is intended that these regulations be interpreted as not permitting a dwelling unit to be located on the same lot with or within a structure used or intended to be used primarily for nonresidential purposes.

2.1

The following requirements are intended to provide exceptions or qualify and supplement, as the case may be, the specific district regulations set forth in article 3 herein.

(a)

An open space or lot are required for an existing building or structure shall not be counted as open space for any other building or structure.

(b)

Open eaves, cornices, window sills, and belt courses may project into any required yard a distance not to exceed two feet. Open uncovered porches or open fire escapes may project into a front or rear yard a distance not to exceed five feet. Fences, walls, and hedges in residential districts may be erected in any required yard, or along the edge of any yard, provided that no fence, wall or hedge located in front of the front building line shall exceed three feet in height, and no other wall or fence shall exceed eight feet in height.

(c)

Where the dedicated street right-of-way is less than 50 feet, the front yard depth shall be determined by measuring 50 feet back from the centerline of the street easement.

(d)

Except as allowed under article 3, section 3, no dwelling shall be erected on a lot which does not abut on at least one street, at least 50 feet in width, for at least 35 feet. A street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress. Accessory buildings which are not a part of the main building may be built in the rear yard.

(e)

No minimum lot sizes are prescribed for commercial and industrial uses. It is the intent of this ordinance that lots of sufficient size be used by any business or industry to provide adequate parking, unloading and loading space required for operation of the enterprise.

(f)

On any corner lot on which a front and side yard is required, no wall, fence, sign, structure or any plant growth which obstructs sight lines at elevations between two feet six inches and six feet above any portion of the crown of the adjacent roadway shall be maintained in a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of 30 feet along the front and side lot lines and connecting the points so established to form a right triangle on the area of the lot adjacent to the front intersection.

(g)

(Reserved)

(h)

Whenever one or more residential, institutional, commercial or industrial buildings are proposed to be located in a cluster or grouping which has different arrangement, orientation or other site planning variation from that of other building, structures or uses in the area or on adjacent properties, the architectural design, location, orientation, service and parking areas of such buildings shall be planned so as not to adversely affect the use of adjacent or other properties in the area, as determined by the planning and zoning commission.

(i)

An ornamental fence exceeding six feet in height shall have a ratio of solid portion to open portion not in excess of one to four.

(Ordinance 3573, sec. 1, adopted 3/17/14)

§ 3 Height.

3.1

The following requirements are intended to provide exceptions or qualify and supplement, as the case may be, the specific district regulations set forth in article 3 herein.

(a)

In measuring heights, a habitable basement or attic shall be counted as a story.

(b)

Chimneys, elevators, poles, spires, tanks, towers, and other projections not used for human occupancy may extend above the height limit.

(c)

Churches, schools, hospitals and other public and semipublic buildings may exceed the height limitation of the district if the minimum depth of rear yards and the minimum width of the side yards required in the district are increased one foot for each two feet by which the height of such public or semi-public structure exceeds the prescribed height limit.

§ 4 Storage and parking of trailers and commercial vehicles.

4.1

Commercial vehicles and trailers of all types, including travel, camping, hauling, motor homes, and mobile homes shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential district except in accordance with the following provisions:

(a)

Not more than one commercial vehicle, which does not exceed one and one-half tons rated capacity, shall be permitted; and in no case shall a commercial vehicle used for hauling explosives, gasoline or other liquefied petroleum products be permitted.

(b)

Not more than three camping or travel trailers, hauling trailers or motor homes shall be permitted and said trailers shall not exceed 32 feet in length, or eight feet in width; and further provided that said trailer shall not be parked or stores [stored] for more than 48 hours unless it is located behind the front building line. A camping or travel trailer or motor home shall not be occupied either temporarily or permanently while it is parked or store in any area within the incorporated limits except in a trailer court authorized under the ordinances of the city.

(c)

A mobile home shall be parked or stored only in a trailer court which is in conformity with the ordinances of the city.

§ 5 Off-street automobile and vehicle parking and loading.

5.1

Purpose.

(a)

Manage parking so that it is convenient, efficient, and supports an active and vibrant retail environment.

(b)

Decrease the expansive “seas” of parking that are too common in modern suburbs, noting that most new development is typically over-parked, resulting in wasted space, unnecessary impervious surface, higher construction costs, and loss of retail square footage.

(c)

Support the creation of shared parking in order to enable visitors to park once at a convenient location and access a variety of commercial enterprises in a pedestrian and bicycle-friendly environment.

(d)

Provide flexibility for changes in land uses which have different parking requirements.

(e)

Ensure ease of access to parking.

(f)

Provide flexibility for the redevelopment of small sites.

(g)

Avoid diffused, inefficient single-purpose reserved parking.

(h)

Avoid adverse parking impacts on residential neighborhoods.

5.2

General requirements.

(a)

Except for when on-street parking is allowed, all maneuvering of vehicles shall take place on site or within a mutual access easement or fire lane. No public right-of-way shall be used for backing or maneuvering into or from a parking space, or for circulation within the parking lot.

(b)

Parking spaces shall be clearly identified by stripes, buttons, tiles, curbs, barriers, or other approved methods. Non-permanent type marking, such as paint, shall be regularly maintained to ensure continuous clear identification of the space.

(c)

All vehicular use areas shall be well-maintained without large cracks or other failures, with back-filled curbs, and power-washed when appropriate.

(d)

No parking or loading area shall be used for storage of inventory, materials, display, sanitation containers, heavy load vehicles, supplies, or for any other use, except as approved through the site plan process, for temporary construction, or with a valid seasonal sales permit. Under no circumstances shall a required parking space be used for any purpose other than parking.

(e)

All off-street parking areas shall be kept free of litter, trash, debris, vehicle repair operations, display, and advertising uses.

(f)

The property owner shall be responsible for adequately maintaining all parking facilities, including paving, striping, elimination of debris, and correction of use violations.

5.3

Administration.

In computing the number of parking spaces required for any building or development, the following rules shall govern:

(a)

The term “floor area” means the gross floor area of the specific use. Where fractional spaces result, the parking spaces required shall be constructed to be the next higher whole number.

(b)

The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature or per regional standard if one can be determined.

(c)

The provisions of this section shall be administered by the director who shall have the authority to approve any plan that is deemed to satisfy the minimum requirements of this section, alternate plans deemed to meet the intent of the section, including any minor deviations or waivers, and to make necessary interpretations regarding any subjectivity or frustration of purpose contained herein.

(d)

The city council, in compliance with all applicable regulations, may issue a special use permit (SUP), establish a planned development (PD) district or other special zoning district, or enter into a development agreement or other economic incentive agreement, which may amend or revise the regulations herein for a certain project or area of the city.

(e)

Due to the unique service nature of government owned and occupied facilities, in addition to the development costs being of public burden, such facilities may meet the spirit and intent of the regulations contained herein, to the extent possible, and are not expected to strictly comply.

(f)

Shared parking may be considered during the site plan process for uses not normally open, used, or operated during the same hours as adjacent uses, or when other special circumstances exist. Owner authorization to use those spaces must accompany any such proposal.

(g)

A blanket 15 percent parking reduction may be granted to multi-tenant developments that are 15,000 square feet or greater, provided there is a dedicated mutual access easement. Where parking exceeds the minimum number of required spaces by more than 10 percent, landscaping of parking areas shall be increased so that planting islands shall not be spaced greater than every 10 spaces.

(h)

Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity, or otherwise, to create a need for an increase in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change, as determined by the director. Whenever any building is enlarged to the extent of 50 percent or more in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein.

(i)

A parking demand analysis study may be submitted for review for a proposed use.

5.4

Off-street parking.

Developments shall provide parking, per the following table:

Assembly Uses (Non-Profit)	One space for each four seats in the main auditorium.
Assisted Living Facility, Nursing Home, or Rest Home	One space for every four beds
Athletic Stadium or Field	50 spaces per field for fields without fixed seating.
Auto Repair	Three parking spaces per bay, plus one space for each 500 square feet of retail/office floor area.
Bank or Similar Financial Establishment	One space for each 400 square feet of floor area.
Big Box (>50,000 sf)	One space for each 250 square feet of floor area.
Bowling Alley	Six spaces for each lane.
Car Wash (Self-Serve)	Two spaces; plus adequate stacking spaces for each bay.
Car Wash (Automated)	One space for each 200 square feet of office/retail floor area; plus adequate stacking spaces per bay; minimum of four spaces.
Child Care Center	One space for every ten students; plus adequate stacking spaces for drop-off lane.
Civic/Convention/Community Center	Ten spaces plus one additional space for each 300 square feet of floor area in excess of 2,000 square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one space for each four seats that it contains.
Duplex	A concrete drive with a minimum one car garage and one space in driveway, per unit.
Golf Course	Minimum 30 spaces per nine holes, plus one space for each 200 square feet of floor area for country club, retail, office, etc.
Green House or Nursery	One space for each 5,000 square feet of outdoor storage area; plus one space for each 200 square feet of indoor floor area.
Health/Fitness Center	One space for each 200 square feet of gross floor area.
High School, College, or University	One space for each classroom, laboratory, or instruction area plus one space for each three students accommodated in the institution.
Hospitals	One space for every two beds and one space per employee on the largest shift.
Hotel or Motel	One space for each room unit, or guest accommodation plus one space for each 300 square feet of restaurant, office, or conference area.
Indoor Commercial Amusement	One space per 200 square feet of gross floor area.
Kennel or Stable	One space per every 500 square feet of floor area.
Library or Museum	Ten spaces plus one space for each 300 square feet of floor area.
Lodge, Club, or Fraternal Organization	One space for each 200 square feet of floor area.
Manufacturing, Processing, Warehousing, and Industrial Uses	One space for each employee on the maximum working shift plus one space for each 1,000 square feet of floor area.
Mini-Warehouse (Self-Storage)	One space for each 5,000 square feet of total floor area.
Mixed Use Building	See special zoning districts for parking regulations.
Mobile Home - Manufactured Home	A concrete drive with a minimum of two spaces.
Mortuary or Funeral Home	One space for each four seats in funeral service rooms.
Movie Theatre or Cinema	One space per four seats.
Multi-Family Residential	Two spaces for one and two bedroom units, plus one additional space for each additional bedroom.
Office, Business or Professional	One space for each 300 square feet of floor area.
Office, Medical, Dental, or Health	One space for each 200 square feet of floor area.
Outdoor Commercial Amusement	One space for every 1,000 square feet within the outer boundaries of the proposed use, including any buildings, exhibit booths and areas devoted to the use.
Recreational, Private or Commercial Area or Building (Other than Listed)	One space for every four persons to be normally accommodated in the establishment.
Restaurant or Cafeteria	One space for every 100 square feet of gross floor area. Outdoor seating areas (covered or not) under 500 square feet are exempt. When part of a multi-tenant development 15,000 square feet or greater, one space for every 200 square feet.
Retail CBD Oil or Hemp Based Products	One space for every 200 square feet of gross floor area
Retail or Personal Service	One space for each 200 square feet of floor area.
Retirement Housing	One space per five beds.
School, Elementary and Junior High	One space for each classroom plus one space for each four seats in any auditorium, gymnasium, or other place of assembly.
Single-Family Residential	A concrete drive with a minimum of a two car garage with parking for two cars in driveway is required.
Townhouse	Two spaces per unit, enclosed; plus two additional spaces in driveway.
Vet or Animal Hospital	One space for each 300 square feet of floor area.

5.5

Parking design.

(a)

The minimum dimensions for off-street parking shall be as follows:

Standard space: 9 feet × 18 feet (minimum 9 feet × 20 feet if utilizing wheel stop)

Parallel space: 8 feet × 22 feet

Stacking space: 10 feet × 20 feet

(b)

All vehicular use areas shall be concrete. Existing parking areas that are not concrete may maintain or rehabilitate with existing or upgraded material; however, any associated expansions must be concrete.

(c)

Required parking must be located outside the floodplain, except when specially allowed by the city engineer.

(d)

The typical drive aisle width shall be 24 feet.

(e)

Fire lanes shall be adequately reinforced to withstand heavy vehicle loading, as may be required by the adopted fire code of the city.

(f)

For safety, emergency response, and increased connectivity, cross access between parking areas of adjacent non-residential parcels shall be provided and is required.

(g)

Striping shall be white. Barrier free ramps shall be pavers, stained concrete in muted shades of adobe red or terra cotta (not blue or yellow), or other approved detectable warning material.

(h)

Head-in parking spaces adjacent to buildings shall have a minimum four foot wide clearance between the leading edge of the parking space and the building.

(i)

Dead-end parking is generally prohibited in new non-residential developments.

(j)

Continuous drive aisles, when exceeding 300 feet in length, may require off-sets, roundabouts, raised crosswalks, or other acceptable traffic-calming features.

(k)

Lots fronting onto rights-of-way 60 feet wide or greater shall not install a front yard drive cut if said lot is also accessed by an alley.

(l)

Concrete parking shall be a minimum six inches thick, with #3 rebar, 18 inches on center each way. Heavy use areas (fire lanes, dumpster loading, etc.) may require stricter standards in compliance with the city’s adopted engineering design criteria.

(m)

Parking space(s) for persons with disabilities and other associated provisions shall be provided in accordance to building codes, state laws, and requirements of the Americans with Disabilities Act (ADA).

(n)

At no time after initial approval of the parking area layout, can changes be made to the location or number of provided spaces, unless approved by the director.

5.6

Supplementary design.

(a)

All retail, commercial, and industrial structures shall provide and maintain off-street areas for the loading and unloading of merchandise and goods that does not block the fire lane and is appropriately and conveniently located. All loading docks must be screened along their sides.

(b)

Schools, day care centers, and similar child training and care establishments shall provide a loading and unloading area on an off-street, internal drive that does not block the fire lane.

(c)

Sufficient queueing spaces shall be provided for uses which regularly require stacking, such as drive throughs and service bays.

(d)

In order to encourage the safe and convenient use of bicycles, each development shall provide at least one bike rack permanently mounted to the ground. Larger developments with buildings 50,000 square feet or more in area, such as big boxes or large corner-like developments, may require additional bike racks, not to exceed three bike racks. Required bicycle parking should be located within 50 feet of an entrance to the building, or a comparable convenient location. Site plans shall call-out the location of all proposed bike racks.

(e)

Decorative paving (integral color stained concrete with the option to be stamped/scored in patterns) shall be provided as follows:

On-site pedestrian cross-walks.

At the store front entrances of tenant suites.

Drive throughs or drop-off areas.

Trail crossings (anywhere).

(f)

Decorative paving (integral color stained concrete that is stamped/scored in patterns) shall be provided as follows:

At the entrances of each commercial site when ingress/egress is from a ROW in order to provide a “welcome mat”.

At major intersections of on-site drive aisles.

Major ROW intersections (intersections of collectors or bigger) and entrances for residential from collectors or bigger.

(Ordinance 2247, sec. 3, adopted 10/16/06; Ordinance 3238, sec. 1, adopted 9/7/10; Ordinance 3400, sec. 2, adopted 7/2/12; Ordinance 3622, sec. 1, adopted 10/20/14; Ordinance 3816, sec. 1, adopted 10/2/17; Ordinance 3919 adopted 5/6/19; Ordinance 3947, sec. 2, adopted 10/7/19)

§ 6 Lot area requirements for septic tanks.

Whenever connection with the sanitary sewer system will require unreasonable expenditure and septic tanks are to be installed for residential lots, the following requirements shall be met:

6.1

Residential lots shall have an area of at least 39,000 square feet.

6.2

Before a septic tank is installed, the residential lot’s owner or the owner’s contractor must contact the county’s environmental health division to receive the proper authorization.

6.3

All septic tanks installed within the City of Sachse must meet city, county, state and federal health regulations.

6.4

Where, as a result of necessary percolation tests required by the city, the city engineer deems the minimum lot area insufficient, the city shall require additional lot area sufficient to accommodate the sanitary facilities deemed necessary by the city’s engineer.

§ 7 Architectural design standards.

7.1

Purpose.

The purpose of the architectural standards is to set minimum standards for the appearance and quality of buildings and corresponding site elements which are recognized as enhancing property values and are in the interest of the general welfare of the city. These standards are not intended to prohibit architectural innovation, nor are they intended to mandate specific architectural styles and concepts. Rather, they are intended to provide for developments of enduring quality that provide visual character and interest. The development community is encouraged to seek out new and innovative ways to implement the standards contained herein that will result in a significant contribution to the visual character of the area and the city as a whole.

7.2

Applicability and administration.

(a)

The regulations provided in this section shall apply to all new construction and all structures within all zoning districts, but shall only apply to single family residential uses when indicated. Where the regulations of this section conflict with other sections or provisions of this chapter, the regulations of this section shall apply.

(b)

When an existing building, constructed prior to the effective date of this section, is proposed for an addition/expansion that will increase the square footage of the existing building by less than 50 percent, either by a single expansion or by the cumulative effect of a series of expansions, similar or like exterior features that match the existing building and architectural theme to the extent possible. Any addition that is 50 percent or greater (of the originally approved floor area) shall be subject to and compliant with the regulations herein, potentially resulting in the reconstruction of the entire existing structure.

(c)

All repair and alterations of exterior façades, including paint and re-paint jobs, of non-residential buildings are required to obtain a permit from the city and comply with all applicable color regulations contained herein.

(d)

Certain structures, such as temporary construction buildings or portable classroom buildings situated on public school or non-profit property, may be exempt, in compliance with established or future policies adopted by the city council.

(e)

The provisions of this section shall be administered by the director who shall have the authority to approve any façade plan that is deemed to satisfy the minimum requirements of this section, alternate façade plans deemed to meet the intent of the section, including any minor deviations or waivers, and to make necessary interpretations regarding any subjectivity or frustration of purpose contained herein.

(f)

All exterior façades shall be perpetually maintained and repaired in a safe, reasonably good, and attractive manner by the owner in a manner that protects against the elements, is structurally safe, and corrects any visual ills or other problems.

(g)

(h)

(i)

Single family tracts with existing PDs (or comparable special zoning) which also include architectural standards may continue to apply the standards as found in the governing PD, except as it relates to specific building material requirements and percentages. Non-residential tracts and uses with existing PDs (or comparable special zoning) shall be governed by the standards contained herein.

7.3

Façade plan approval.

(a)

Prior to any construction permit being issued, a project’s building elevations must be approved by the director.

(b)

Sufficient information shall be submitted to evaluate the architectural standards criteria outlined herein as part of the site plan submittal for all newly proposed and existing structures seeking a permit.

(c)

Color elevations shall include:

(1)

All façades (whether four or more) of each building.

(2)

Proposed exterior materials with a percentage breakdown of each material used, exclusive of windows and doors.

(3)

A calculation chart or graphic demonstrating compliance with the articulation standards.

(4)

A listing of the selected auxiliary design standards, described herein, to illustrate compliance. If a landmark feature is required of the building, please note the feature proposed for credit.

(5)

A notation reading, “Roof mounted mechanical equipment shall be sufficiently screened from view by parapet walls, and ground mounted equipment shall be enclosed by masonry wing walls that match the material of the primary building.”

(6)

A notation reading, “All light sources, including wall packs, shall be full cut-offs (i.e. recessed/shielded).”

(7)

For any proposed streetscape elements (such as bike racks, trash receptacles, lampposts, tree grates, bollards, outdoor seating, and/or other street furniture) or screening devices (masonry walls, dumpster screening enclosures, wing walls around mechanical equipment, etc.), graphics should also be submitted showing the material, color, height, and any other pertinent details necessary for review.

7.4

Definitions.

Architectural concrete masonry units

includes highly textured finish, such as split faced, indented, hammered, fluted, ribbed, burnished, or similar decorative finish; coloration shall be integral to the masonry material and shall not be painted on; minimum thickness of one inch when applied as a veneer; shall include light weight and featherweight decorative masonry units.

Big box

shall mean a building, usually with a single tenant, which comprises more than 50,000 square feet.

Brick

includes severe weather rated kiln fired clay or slate material, can include concrete brick if it is to the same ASTM C216 or C652 standard and severe weather rated as typical fired clay brick; minimum thickness of one inch when applied as a veneer, and shall not include underfired clay, sand, or shale.

Director

shall mean the director of development services, or his/her designee.

Masonry materials

shall mean and include that form of construction defined below and composed of brick, stone, granite, marble, stucco (three-step hard coat), decorative concrete masonry unit, tilt wall concrete panels, sealed and painted concrete block, and exterior insulation finish systems (EIFS), and rock or other materials of equal characteristics laid up unit upon unit set and bonded to one another in mortar.

Non-residential building

shall mean those buildings utilized for use other than single family, duplex, and townhome dwelling, to specifically include commercial, retail, medical, office, and multi-family structures and associated accessory structures.

Residential buildings

shall mean those buildings utilized for a single family, duplex, and townhome dwelling.

Stone

includes naturally occurring granite, marble, limestone, slate, river rock, and other similar hard and durable all weather stone that is customarily used in exterior building construction; may also include cast or manufactured stone product, provided that such product yields a highly textured stone-like appearance, its coloration is integral to the masonry material and shall not be painted on, and it is demonstrated to be highly durable and maintenance free; natural or manmade stone shall have a minimum thickness of one inch when applied as a veneer.

7.5

Exterior materials.

(a)

Building products or materials are limited to those approved for use by a national model code (International Building and Fire Codes) published within the last three code cycles.

7.6

Non-residential and multifamily design elements.

The following apply to nonresidential and multifamily development, including institutional buildings:

Goals and intent.

(1)

Buildings should be constructed in a manner that allows flexibility to accommodate a range of uses over time in order to avoid the need to demolish and rebuild for successive uses.

(2)

Buildings should directly contribute to the attractiveness, safety, and function of the street and public areas.

(3)

Buildings should be constructed in a manner that is highly durable and will continue to endure and be attractive over a long time, especially adjacent to public and pedestrian areas.

(4)

It is not the intent of this section to discourage innovation. The use of exceptional design features, such as tower elements, exposed beams, or other unique and outstanding architectural ornamentation worthy of merit that make a positive contribution to the surrounding visual environment is encouraged.

General design standards.

(1)

All buildings within a common development or shopping corner/corridor, as shown on a development plan, concept plan, or preliminary site plan, or viewed from an aerial map, should have similar architectural styles, colors, and detailing that compliment and talk to each other without necessarily being monotonous and precise reflections of one another.

(2)

All structures shall be architecturally finished on all four sides with similar styles, colors, and detailing.

(3)

Façades shall generally be built parallel to the street frontage, except at street intersections, where a façade containing a primary building entrance should be curved or angled toward an intersection.

(4)

All buildings shall be designed and constructed in tri-partite architecture so that they have a distinct base, middle, and top, separated by horizontal elements.

(5)

Roofs shall be peaked with either hip, gable, or mansard design with a minimum 1:4 pitch, or a parapet wall or false mansard design (minimum 1:2 pitch) is acceptable only if constructed around the entire perimeter of a building so that no flat roof shall be visible from a public street or along an active storefront. At all times roof-mounted mechanical equipment shall be screened from view.

(6)

All windows should be recessed a minimum four inches from exterior wall finish and have a maximum exterior visible reflectivity of ten percent.

(7)

(Reserved)

(8)

All streetscape elements and site amenities, such as bike racks, trash receptacles, lampposts, benches, bollards, patio furniture, and tree grates, shall be metal, rust and flake/chip resistant, and generally be black “storm cloud” in color. Minor deviations in color and design that maintain the spirit and intent of the section are allowed with staff approval. Bollards can be concrete or cast metal and shall be of decorative design with no bold colors or sleeves.

Primary façade design standards.

The following shall apply to all exterior walls of buildings which are clearly visible from a public street or along an active storefront:

(1)

All exterior walls of buildings less than 15,000 square feet are considered primary façades, regardless of orientation.

(2)

Primary façades shall incorporate patterns that include changes in either color, pattern, module size, texture, articulation, ornamentation, or a combination thereof that repeat horizontally and vertically.

Secondary façade design standards.

The following shall apply to all exterior walls of buildings 15,000 square feet or larger which are not clearly visible from a public street or along an active storefront, or are constructed on a property line as one of a series of in-line buildings where the wall will become part of a common wall:

(1)

Secondary façades which are adjacent to the primary façade should continue the primary façade treatment by wrapping the corner. This may be achieved with elements such as cornices, bases, and vertical elements.

(2)

Visual relief shall be provided, both horizontally and vertically, to break up monolithic expanses of secondary façades through the use of repeating patterns.

Building articulation design standards.

Primary façades clearly visible from a public street or along an active storefront shall meet the following minimum standards for articulation:

(1)

Horizontal articulation.

No building wall shall extend for a distance equal to three times the wall’s height without providing an offset equal to 15 percent of the wall’s height, and that new plane shall extend for a distance equal to at least 25 percent of the maximum length of the first plane.

(2)

Vertical articulation.

No wall length shall extend for a distance greater than three times the height of the wall without changing height by a minimum of 15 percent of the wall’s height, and that new plane shall extend for a distance equal to at least 25 percent of the maximum length of the first plane. Pitched roofs shall count toward achieving vertical articulation, provided they are 65 degrees or less from horizontal.

Landmark buildings.

(1)

Buildings which are located on axis with a terminating street or major access lane or at the intersection of streets and/or major access lane shall be considered a landmark building.

(2)

Such buildings shall be designed with landmark features which take advantage of that location, such as an accentuated 3D entry and a unique building articulation which is offset from the front wall planes and goes above the main building eave or parapet line.

(3)

Landmark features shall be in proportion to the building and are subject to review and approval by the director.

Building color.

(1)

The dominant color of all buildings, including residential and industrial buildings, shall be muted shades of color that are subtle, neutral, or earth tone. Black and stark white should not be used except as an accent color or as found within brick and stone. The color of the secondary façades shall match or compliment the primary façade.

(2)

There are no restrictions on accent colors which comprise less than one percent of the building face, except that no high intensity colors, neon colors, or fluorescent colors shall be used on exterior surfaces of the building.

(3)

Bright, reflective, pure tone primary or secondary colors are permissible only in limited application as accent colors on canopies and awnings, or other such features. Proportions should be consistent with trim or accentuation only. Such building trim and accent areas shall not exceed five percent of any single exterior wall area. Specifically excluded are door and window frames, moldings, cornices, and other such features. This provision shall not be construed as a license to employ corporate imaging on the primary building façade.

(4)

The use of high intensity or fluorescent colors shall be prohibited. The use of tube lighting, string lights, or other similar materials shall not be installed on non-residential buildings, except as allowed by the photometric/lighting regulations, as found within the Code.

(5)

No more than one color shall be used for visible roof surfaces; however, if more than one type of roofing material is used, the materials shall be varying hues of the same color or complimentary in nature. Awnings and canopies may incorporate brighter color and branding; however, the primary roof shall not be a bold color.

Auxiliary design standards.

All structures shall be designed to incorporate no less than four of the architectural elements from the list below. Buildings over 50,000 square feet must include a minimum of five of the referenced architectural elements.

(1)

Canopies, awnings, porticos with colonnade or arcades;

(2)

Raised pilaster cornices (end columns at corner), or quoined corners;

(3)

Vertical elements (tower, cupola, lighthouse, turret, arches, etc.);

(4)

Windows and doors framed with smooth cobble, cast stone, limestone or other decorative masonry headers and sills; or dormer windows;

(5)

Outdoor patios and/or courtyards integrated into a site’s layout that creates a sense of place (landscaped and furnished for informal and experiential gathering);

(6)

Decorative and repetitive ornamentation (non-signage) integrated into the building façade, such as corbels, medallions, functioning clocks, niches, wrought iron, balconettes, gargoyles, or horizontal and rhythm patterned brickwork;

(7)

Other architectural features approved by the director.

7.7

Industrial building design standards.

The following apply to structures constructed in an industrial zoning district and proposing an industrial and/or manufacturing use, per the use chart of the zoning ordinance:

(a)

Building products or materials are limited to those approved for use by a national model code (International Building and Fire Codes) published within the last three code cycles.

(b)

The main entry or office area of the building shall be articulated both horizontally and vertically by at least two feet or ten percent of the adjacent wall length. Building corners shall also be articulated, as approved by the director.

(c)

A uniform color scheme is required. Colors shall be neutrals, creams, pastels, or deep, rich, non-reflective, natural, or earth-tone colors. Bold reds, greens, oranges, and other “hot and cold” colors should be avoided.

(d)

Structures shall incorporate two of the auxiliary design standards.

7.8

Residential design standards.

The following architectural design standards shall apply to all single-family residential and duplex development:

(a)

Building products or materials are limited to those approved for use by a national model code (International Building and Fire Codes) published within the last three code cycles.

(b)

Homes, with elevations adjacent to or facing/backing to a right-of-way categorized as a collector or bigger, even if separated by an alley or HOA common area, shall be a minimum of two stories in height.

(c)

The primary residential structure shall incorporate a minimum of three of the following “gifts to the street” into each front elevation:

(1)

Gables, dormers, or other comparable vertical articulation

(2)

Covered front porch not less than 100 square feet in area

(3)

Recessed entry not less than four feet in depth

(4)

Architectural garage door

(5)

Architectural pillars, posts, or arches

(6)

Bay window facing street, or other comparable horizontal articulation

(7)

Minimum roof pitch 8:12 or variable roof pitch

(8)

Separate transom windows

(9)

Cupulas or turrets

(10)

Garage door not facing street

(11)

Roof accent upgrades

(12)

Decorative driveway paving (enhancements)

(13)

Decorative pattern-work integrated into a front façade

7.9

Other site area standards.

(a)

Gas pumps and fueling stations.

(1)

Roofs of the associated pump canopy of convenience store buildings shall not be flat or straight-lined, and should be noticeably pitched or otherwise distinguished, subject to review and approval by the director.

(2)

Canopy columns shall be fully encased with category A masonry materials that match the main building.

(3)

The canopy band face shall be flat with no projections or stripes, be non-plastic and generally a metal or masonry based material, be primarily one earth-tone color that matches or accents the primary building, may not be backlit or otherwise illuminated or used as signage, and should generally be no greater than four feet in height, except as follows:

(i)

The canopy band face may utilize one small button logo on each face that can be internally illuminated, as long as each button logo does not exceed 15 square feet for bands three feet in size and 20 square feet for bands four feet in size, is generally as tall as it is wide, and does not protrude more than 18 inches from the canopy in any direction.

(ii)

The canopy band face may utilize an external LED halo type light, if properly shielded/recessed and oriented downward/upward so that only the “wash” is visible.

(iii)

The canopy band face may utilize internally illuminated rings, as long as the source is LED, it is flush with the band face and only protrudes nominally (up to a maximum of six inches), and the size of the ring does not exceed more than 25 percent for single rings and 50 percent for multiple rings of the thickness of the canopy band face.

(iv)

The canopy band face shall provide 12 inches decorative metal address numbers of a contrasting color on street facing sides.

(4)

Exhaust valves for underground fuel storage tanks shall be designed to be located against a building, dumpster, screening wall, through the canopy roof, or other structure to mitigate their visual impact and should be an earth-tone color. If impractical, the exhaust valves may be located in an interior landscape area, if properly screened, but shall not be located in the exterior landscape buffer adjacent to the public right-of-way.

(b)

Mechanical equipment.

(1)

Exposed conduits, ladders, exhaust valves, utility boxes and drain spouts shall be a color matching the building, an accent color, or other earth-tone color.

(2)

Outside equipment, coolers, and/or other mechanical items shall be screened in accordance with the screening standards of the zoning ordinance or be enclosed by a masonry wing wall. Roof mounted equipment shall be screened by the parapet, not metal screens, nor visible from public view. Transformers should be placed to mitigate their visual impact.

(3)

All new utilities, including any proposed aerial lines, shall be underground.

(4)

Shopping cart return bins for uses such as grocery stores shall be constructed of category A masonry walls (or an enhanced decorative metal railing) and permanently affixed to the ground.

(c)

Accessibility and layout.

(1)

Pedestrian connections, both internal and connecting to external sidewalks or property boundaries, shall be provided, subject to discretionary review and approval by the director.

(2)

Cross access to adjacent lots shall be provided at all times for both vehicular and pedestrian travelers.

(3)

Bay doors shall not be oriented toward the right-of-way.

(4)

Drive-through facilities shall provide sufficient stacking spaces, as determined by the director.

(5)

The final layout of any proposed development, including building placement, parking lots, fire lanes, gates, dumpster locations, and other site elements, shall be determined by the director.

(Ordinance 3805, sec. 1, adopted 8/7/17; Ordinance 3947, sec. 2, adopted 10/7/19; Ordinance O-2024-01 adopted 1/16/2024)

§ 8 Signs.

8.1

Definitions. For purposes of this section, the following definitions shall apply, unless clearly indicated to the contrary.

A-frame sign

means a sandwich board sign constructed in such a manner as to form an "A" or tent-like shape that is hinged or not hinged at the top with each angular face held at an opposite distance by a supporting member. Also referenced as a portable sign and fold-up sign.

Advertising sign

is any sign which promotes or advertises commodities or services not limited to being offered on the premises on which such signs are located.

Alter

shall mean to change the size, shape or outline, or type of sign. Changing the copy, nature of the message, or intent of the sign does not alter the sign and does not make it subject to the permit and/or fee requirements of this Code.

Apartment sign

is any sign identifying an apartment building or complex of apartment buildings and shall be subject to provisions of this ordinance.

Balloon sign

is any sign painted or printed onto or otherwise attached to or suspended from a balloon, or other inflatable device, whether such balloon is anchored or affixed to a building or any other portion of the premises or tethered to and floating above any portion of the premises.

Banner sign

shall mean a temporary attached sign having characters, letters, or illustrations applied to plastic, cloth, canvas, or other light fabric, with the only purpose of such nonrigid material being for background.

Billboard sign

shall mean a large freestanding sign, generally supported by a metal frame, and consisting of two parallel sign faces which are oriented in opposite directions, used for the display of posters, printed, or painted advertisements that generally directs attention to a location other than the promises on which the sign is located.

Changeable electronic variable message sign (CEVMS)

shall mean a sign which permits light to be turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including an illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light emitting diode) or digital sign, and which varies in intensity or color. A CEVMS sign does not include a sign located within the right-of-way that functions as a traffic-control device and that is described and identified in the Manual on Uniform Traffic-Control Devices (MUTCD) approved by the Federal Highway Administrator as the National Standard.

City-owned polling place

means a building owned or controlled by the city, inclusive of the tract of land on which said building is located, in which as polling place designated pursuant to chapter 43 of the Texas Election Code is located.

Construction sign

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

Development sign

is any temporary, on-site promotional sign pertaining to the development of land or construction of buildings.

Directional kiosk sign

is a sign located within the city right-of-way, providing directions to subdivisions, homebuilders, and city facilities, installed and maintained by the city or a contractor authorized by the city.

Director

shall mean the director of development services, or his/her designee.

Effective sign area measurement

shall be defined as the area enclosed by drawing one (1) or more rectangles of horizontal and vertical lines that fully contain all extremities of the sign drawn to scale, exclusive of its supports. The measurement is to be calculated from the viewpoint that gives the largest rectangle of that kind as the viewpoint is rotated horizontally around the sign. See figure A-1: Effective Sign Area Measurement.

Figure A-1: Effective Sign Area Measurement

Electioneering

means the posting, use, or distribution of political signs or literature.

Electioneering literature

means any written material other than a sign (i) promoting the election of a candidate or political party or (ii) promoting approval or rejection of a measure.

Electioneering sign

means a sign (i) promoting the election of a candidate or political party or (ii) promoting approval or rejection of a measure.

Erect

shall mean 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.

Flashing

means to light suddenly or intermittently, including rotating, pulsating or a light source that changes or alternates the color of the light in sequence. "Flashing" does not include an electronic message (L.E.D.) sign as defined herein when operated in compliance with this Code.

Frame duration

shall mean the time during which the frame continues on a CEVMS.

Garage sale sign

is any temporary, promotional sign for the sale of personal household goods in a residential zoned district or on the property of a nonprofit organization.

Ground sign

is any sign staked into the ground, usually lightweight, inexpensive, advertising signs typically made from paper, cardboard, or corrugated plastic.

Hanging sign

shall mean any sign attached beneath an awning of a canopy of a building.

Human sign

shall mean any hand-carried or hand-held sign, symbol, or display on persons visible from the public right-of-way, which may include persons dressed in costume.

Identification sign

is any sign which is used to identify shopping centers, industrial sites, retail districts and commercial sites.

Illuminated sign

is any sign lighted by or exposed to artificial lighting, either by lights on the sign or directed toward the sign.

Incidental sign

shall mean a sign that is normally incidental to the allowed use on the property such as, but not limited to, directional signs, entrance, exit, or overhead clearance.

Incombustible material

shall mean any material which will not ignite at or below a temperature of 1200° F and will not continue to burn or glow at that temperature.

Institutional sign

is any sign used to identify schools, churches, hospitals and similar public or quasi-public institutions.

LED cabinet sign

is the internal lighting of a window using LED strips.

Logo

is any formalized design or insignia of a company or product which is commonly used in advertising to identify that company or product.

Marquee

is a permanent roofed structure attached to and supported by a building.

Message transition

shall mean the process or period of changing from one message to another on a CEVMS.

Model home sign

is any temporary sign, identifying a new home, either furnished or unfurnished, as being the builder or contractor's model open to the public for inspection.

Monument sign

is any sign contained within stone, brick or masonry and having a stone, brick or masonry base concealing all supports or poles.

Mural

shall mean any picture painted directly onto or applied to an exterior wall that does not contain logos or commercial messages. Murals are not classified as signs.

Nameplate sign

is any sign showing only the name and address of the owner or occupant of the premises on which it is erected or placed.

Person

shall mean and include any person, firm, partnership, association, corporation, company or organization of any kind.

Pole banner sign

is any banner which is hung vertically from city-owned infrastructure in the right-of-way for the advertisement of events or community initiatives for municipal use only. See figure A-2: Pole Banner Sign.

Figure A-2: Pole Banner Sign

Pole sign

is any sign supported by a single freestanding pole and having no guys or braces to the ground or to any structure other than the pole.

Political sign

shall mean a temporary unlit sign pertaining to any national, state, county, or local election supporting or opposing an announced candidate, a party affiliation, a particular issue or referendum and/or primarily contains a political message.

Portable sign

shall mean any sign not permanently attached to the ground or to a building, which is designed to be easily transported or conveyed to different locations. This term includes, but is not limited to, signs on wheels or affixed to trailers or skids, tent signs, sandwich board (A-frame) signs, T-shaped signs, airborne signs, and similar devices.

Projecting sign

is any sign which projects from a building, and which has one end attached to a building or other permanent structure. Also known as a blade sign.

Ranchette identification sign

is a sign identifying a farm or ranch in residential areas where the average lot size is five (5) acres or greater.

Real estate sign

is any temporary sign pertaining to the sale or rental of property and advertising property only for use for which it is legally zoned.

Roof line

shall mean the height which is defined by the intersection of the roof of the building and the wall of the building. Exception: For mansard-type roofs, the roof line shall be defined as the top of the lower slope of the roof. Roofs with parapet walls completely around the building and not exceeding four (4) feet in height may be considered as the roof line.

Roof sign

is any sign erected upon, against or directly above a roof, or on top of or above the parapet of the building.

Sign

shall mean and include every sign, name, number, identification, description, device, display, flag, banner, pennant, illustration, beacon, light or insignia, and structure supporting any of the same, affixed directly or indirectly to or upon any building or outdoor structure, or erected or maintained upon a piece of land, which directs attention to any object, product, service, place, activity, person, institution, organization or business. Any interior illuminated or moving sign or light which is visible from the exterior may be determined as being erected on the exterior of the building or structure.

Vehicle

shall mean any automobile, truck, camper, tractor, van, trailer or any device capable of being transported and shall be considered a vehicle in both moving and stationary modes, irrespective of state of repair or condition.

Vehicle sign

is any sign painted upon or applied directly to (including magnetic) any truck, car, bus, trailer, boat, recreational vehicle, motorcycle, or other vehicle. Vehicular signs shall exclude bumper stickers, license plates, and inspection and registration stickers.

Voting period

means the period beginning the hour the polls are open for voting on the first day of the early voting period and ending on election ay on the later of (i) the time the polls are closed and (ii) the time when the last voter has voted. For purpose of this definition, a runoff election shall be considered a separate election for purposes of determining the time for when the voting period begins and ends.

Wall sign

is any sign erected flat against a wall, supported by the wall, and having the sign face parallel to and not more than twelve (12) inches from the wall surface. Neon tubing attached directly to a wall surface shall be considered a wall sign. Also known as a building sign in the Old Town zoning district.

Window sign

shall mean any sign painted on the external or internal surface of the window of any establishment in commercial or retail areas with water durable paint advertising services, products of sales available within said establishment or which announce opening of said establishment. A window sign is also any banner, poster, decoration or display attached to the external surface of a window of a retail or commercial establishment, if of water durable paint or of incombustible material, and signs attached to the internal surface of a window which define the name, proprietor, telephone number or address of said retail or commercial establishment. See figure A-3: Window Sign.

Figure A-3: Window Sign

Wind driven sign

is any sign consisting of one (1) or a series of two (2) or more banners, flags, feather flags, pennants, ribbons, spinners, captive balloons, or other objects or material fastened in such a manner as to move upon being subjected to natural or artificial pressure by wind or breeze.

8.2

Administration.

(a)

Sign permit required.

It shall be unlawful for any person to erect, replace, alter, or relocate any sign within the city without first obtaining a permit to do so from the director and making payment of the fee required, except as may be hereinafter provided.

(b)

Nonconforming existing signs.

No sign lawfully in existence on the date of passage of this section shall be altered or moved unless a permit is issued pursuant to the provisions of this section. Temporary permits granted prior to the passage of this section shall be renewed only if the applicant complies with all provisions of this section.

(c)

Application for sign permit.

Application for a permit required by this section shall be made upon forms provided by the director and shall contain or have attached thereto the following information:

(1)

Sign use classification;

(2)

Name, address and telephone number of the applicant;

(3)

Name, address and telephone number of owner(s);

(4)

Name, address and telephone number of person or firm erecting the sign;

(5)

Location of the building, structure or tract to which or upon which the sign is to be attached or erected;

(6)

Position of the sign in relation to nearby buildings or structures or other related signs; and

(7)

Such other information as the director may require to show full compliance with this section and all other laws and ordinances of the city and state.

(d)

Exemptions from application for permit.

Application for a permit shall not be required for the following signs, provided however, such signs shall otherwise comply with all other application provisions of this section:

(1)

Real estate signs not exceeding eight (8) square feet in area.

(2)

Nameplate signs not exceeding one (1) square foot in area.

(3)

Political signs erected on public property where allowed within this ordinance. The individual and/or group denoted on said sign is responsible for removal of the sign within twenty-four (24) hours of election and/or political activity's completion.

(4)

Signs not exceeding sixteen (16) square feet in area for public, charitable or religious organizations when the same are located on the premises of the institution. Signs promoting the city when not used for commercial advertising in any way.

(5)

Construction signs, not exceeding sixteen (16) square feet in area, denoting the architect, engineer or contractor when placed upon premises under construction.

(6)

Occupational signs, not exceeding two (2) square feet in area, denoting only the name and professions of an occupant in a commercial building or public institutional building.

(7)

Memorial signs or tablets, names of buildings and date of erection, when cut into any masonry surface, or when constructed of bronze or other incombustible materials.

(8)

Flags, emblems and insignia of any governmental body and decorative displays for holidays or public demonstrations which do not contain advertising and are not used as such.

(9)

Incidental signs not exceeding eight (8) square feet, provided such signs do not contain advertising and are not used as such.

(10)

Traffic or other municipal signs, legal notices, railroad crossing signs, danger and such emergency, temporary or non-advertising signs as may be approved by the city council or the city manager, or designee.

(11)

Window signs, for use on establishments in commercial or retail areas. In no event may signs be located on the window surface internally or externally in any manner to obscure more than fifty (50) percent of the visible window area available in the absence of any signs. Where multiple windows exist fronting on a single street or sidewalk, the fifty (50) percent visibility shall be maintained for the total window area on said street or sidewalk.

(12)

Pole banner signs used and erected by the City and approved by the city manager, or designee.

(e)

Signs requiring electrical inspection.

The primary alternating current wiring on all signs shall comply with the National Electrical Code Specifications. All secondary transformed power shall be self-contained within the sign structure. Individual lighted letters are to be mounted on a common metal channel and all secondary wiring and components shall be contained within the common metal channel. Both channel and letters must contain weep holes to drain water.

(f)

Fees.

Every applicant, before being granted a sign permit hereunder, shall pay to the City a permit fee according to the fee schedule adopted in the Master Fee Schedule. When a permit is required by this section and construction or repair is started or proceeded prior to obtaining said permit, the fees above specified shall be doubled. The payment of such fees shall not relieve any person from fully complying with the regulation described by this section.

(g)

Issuance of permit.

Providing that the applicant has complied with all provisions of this section, and that the proposed sign complies with all provisions of this section, the director shall issue the sign permit to the applicant.

(h)

Not to issue to persons previously failing to pay fees.

The director shall not issue a permit under the provisions of this section to any person who has previously failed or refused to pay any fees or costs assessed against them under the provision of this section.

(i)

Permit valid only for sixty (60) days.

If the work authorized by a permit issued under this section has not commenced within sixty (60) days after the date of issuance, the permit shall become null and void.

(j)

Permit revocable.

The director may suspend or revoke any permit issued under the provisions of this section when determined that the permit is issued in error or on the basis of incorrect or false information supplied, or whenever such permit be issued in violation of any of the provisions of this section or any other ordinance of this city or laws of this state or the federal government. Such suspension or revocation shall be effective when communicated in writing to the person to whom the permit is issued, the owner of the sign or the owner of the premises upon which the sign is located.

(k)

Inspection.

The director shall inspect annually, or at such other times as he deems necessary, each sign regulated by this section for the purpose of ascertaining whether the same is secure or insecure, whether it still serves a useful purpose and whether it is in need of removal or repair.

(l)

Removal of obsolete signs.

Any sign which the director determines no longer serves a bona fide use conforming to this section, shall be removed by the owner, agent or person having the beneficial use of the land, buildings or structure upon which such sign is located within ten (10) days after written notification to do so from the director. Upon failure to comply with such notice, the director is hereby authorized to cause the removal of such sign, and any expense incident thereto shall be paid by the owner of the land, building or structure to which such sign is attached or upon which it is erected.

(m)

Removal or repair of unsafe signs.

If the director shall determine that any sign is unsafe or insecure, or is a menace to the public, he shall give written notice to the person or persons responsible for such sign. If the permittee, owner, agent, or person having the beneficial use of the premises fails to remove or repair the sign within ten (10) days after such notice, such sign may be removed by the director at the expense of the permittee or owner of the property upon which it is located. The director may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice.

(n)

Variance fee and notification.

Application for variance may cover more than one (1) sign, but shall apply to only one (1) applicant and one (1) location. The notification for a variance application must appear in the local newspaper(s) of the city at least seven (7) days prior to the date on which the request is heard by the city council. The variation application must contain the following information:

(1)

Name, address and telephone number of the applicant;

(2)

Location of building, structure or lot to which or upon which the sign(s) is to be attached or erected;

(3)

Position of the sign(s) in relation to nearby buildings or structures, including other signs;

(4)

The zoning classification of the property on which the sign(s) is to be located and the zoning classification of all property within two hundred fifty (250) feet of the sign(s) location; and

(5)

The specific variation(s) requested and the reasons and justification for such requests.

8.3

Specific Limitation Provisions.

(a)

General sign provisions.

All signs located or to be located within the city shall conform to effective sign area measurement, general provisions set forth in Table 1, entitled General Provisions, and Table 2, use chart, at the end of this section.

(b)

Attached signs.

(1)

Projecting signs.

Projecting signs shall not exceed six (6) square feet in size. There shall be a maximum of one (1) sign per frontage. The horizontal portion of any projecting sign shall not be more than six (6) feet, six (6) inches in length measured from the building face and shall not be closer than two (2) feet from the back of the curb line. The height of the sign shall not exceed two (2) feet. Such signs shall be an integral part of the architectural design of the building. Vertical clearance shall be subject to the requirements of sections 8.3(b)(6)-(7). For projecting sign regulations in the Old Town zoning district see specific requirements set forth in Chapter 11, Exhibit A, Article 3, Section 15.

(2)

Marquee signs.

Signs erected on the face of a marquee shall be built as an integral part of the marquee and shall be constructed of incombustible material. Such signs shall not exceed forty (40) square feet or the product of two (2) times the lineal footage of the building or store frontage for which such sign is intended, whichever is greater. Such signs shall not have a vertical height of more than six (6) feet nor exceed seventy-five (75) percent of the width of such building or store frontage. Further, the height shall not exceed the building roof line by more than four (4) feet. Vertical clearance shall be subject to the requirements of sections 8.3(b)(6)-(7).

(3)

Wall signs.

Wall signs shall not exceed forty (40) square feet or the product of two (2) times the lineal footage of the building or store frontage for which such signs are intended, whichever is greater. Such signs shall not have a vertical height of more than six (6) feet nor exceed seventy-five (75) percent of the width of such building or store frontage. Vertical clearance shall be subject to the requirements of sections 8.3(b)(6)-(7).

(4)

Roof signs.

Roof signs shall not exceed forty (40) square feet in area or the product of two (2) times the lineal footage of the building or store frontage for which such signs are intended, whichever is greater. Such signs, for commercial and industrial districts only, shall not extend above the roof line of a mansard-type roof or more than four (4) feet above the roof line of a non-mansard-type roof. No part of the sign shall be located within six (6) feet of any outside wall, nor within seven (7) feet of the surface below. Such signs shall be constructed of incombustible material or, in the case of plastic, inserts and/or faces, slow burning material. The roof of any building on which a sign is erected shall be covered with fire-retardant material.

(5)

Hanging signs.

Hanging signs shall not exceed eight (8) square feet in area and shall be subject to the requirements of sections 8.3(b)(6)-(7). For hanging sign regulations in the Old Town zoning district see specific requirements set forth in Chapter 11, Exhibit A, Article 3, Section 15.

(6)

Projection over public property.

If the vertical clearance above the surface is less than eight (8) feet, no projection is permitted. If the vertical clearance above the surface exceeds eight (8) feet, a projection is permitted for each inch of clearance over and above the required eight (8) feet, provided that no projection shall exceed four (4) feet or one-third the width of the sidewalk below, whichever is less.

(7)

Projection over private property.

Projection of signs over private property shall be allowed over pedestrian sidewalks, walkways and corridors, but not to exceed the following:

Vertical Clearance	Maximum Projection
Seven (7) feet or less	Three (3) inches
Seven (7) to eight (8) feet	Twelve (12) inches
Eight (8) feet or more	Four (4) feet

(c)

Monument signs.

All monument signs must conform with the following:

(1)

The entire sign must be located a minimum of eight (8) feet behind the property line.

(2)

Any projecting or overhanging portion of the sign must be a minimum of ten (10) feet above any walkway and fourteen (14) feet above driveway.

(3)

Maximum height above grade of a monument sign is ten (10) feet with the following exception:

(i)

Property having direct frontage on Highway 78 or along the north side of the Kansas City Southern Railroad, which runs parallel to Highway 78, shall have a maximum height above grade of twenty (20) feet.

(4)

Maximum area for a monument sign advertising a single tenant is sixty (60) square feet.

(5)

Monument signs advertising multiple tenants shall have a maximum area based upon the size of the development eighty (80) square feet for buildings with three (3) or fewer tenant lease spaces; one hundred (100) square feet for projects with more than three (3) businesses and on less than five (5) acres; and ten (10) additional square feet for every acre over five (5) acres with a maximum allowed area of two hundred (200) square feet.

(6)

Signs displaying fuel prices shall be included in the maximum square footage for both single and multi-tenant monument signs.

(7)

Maximum area for an identification sign is thirty-six (36) square feet.

(8)

Such signs shall be located a minimum of thirty (30) feet from adjoining private property lines, excluding shared property lines within a single retail center, office park or industrial park, and a minimum of sixty (60) feet from any other monument sign.

(9)

Such signs shall be constructed of materials that are incombustible or slow burning in the case of plastic inserts and faces. Such signs are to be supported by incombustible supports finished in a presentable manner (wood or unfinished steel not allowed).

(10)

No advertising matter not a part of the permanent monument sign shall be displayed on or attached to any monument sign. No guys, braces, attachments, banners, flags or similar devices shall be attached to any sign.

(11)

Such signs shall be protected by wheel or bumper guards when required by the building official.

(12)

One (1) foot masonry (brick/stone) border around all sides of the sign that matches the primary building and shall also provide the street address with a minimum six (6) inches in height that is decorative metal and of contrasting color with the monument. Corner lots with double frontage may install a second monument sign along the additional ROW.

(d)

Advertising signs.

No advertising signs allowed except by variance granted by the city council.

(e)

Temporary signs.

All temporary signs must conform with the following:

(1)

Temporary subdivision development signs and "for sale" signs of undeveloped tracts may be erected, provided such signs relate only to the property on which they are located. Each such subdivision under development may have one (1) such sign not to exceed one hundred (100) square feet in area.

(2)

Temporary model home signs may be erected by the builder or the contractor. Each builder or contractor may have one such sign per subdivision. Model home signs shall not exceed thirty-two (32) square feet in size. Permits for model home signs shall be granted for a period of time not to exceed twelve (12) months, at the expiration of which time renewal applications may be filed and considered.

(3)

Banner signs where allowed in this ordinance shall adhere to the following regulations:

(i)

Shall be in good repair;

(ii)

Shall be attached or affixed to a primary structure at all four (4) corners and flush with the wall;

(iii)

Shall not exceed thirty-six (36) square feet in size; and

(iv)

Shall not obstruct any window, door, stairway, or other opening intended for ingress or for needed ventilation or light.

(4)

Ground signs are prohibited with the exception of balloons, flags, human signs, and/or banners may be allowed for a period not to exceed thirty (30) days, one (1) per street front, per premise, during a calendar year. The sign will be removed from the premises after the thirty-day (30) period has expired.

(f)

Wind pressure and dead load requirements.

All signs shall be designed and constructed to withstand minimum wind pressure and dead load as required by the adopted building code of the city.

(g)

Maintenance of signs.

All signs and supports shall be maintained in good condition to prevent deterioration, oxidation, rust, and other unsightly conditions.

(h)

Ranchette identification signs.

Ranchette identification signs are allowed in residential areas of the city subject to the following regulations:

(1)

The ranchette identification sign must be located in an AG zoning district;

(2)

Two (2) signs are allowed, but only one (1) may not be attached to the main structure;

(3)

The gross surface areas of a sign shall not exceed thirty-two (32) square feet;

(4)

The detached sign in a residential zoned area may be located on or behind the property line; the attached sign in a residential area must be set back at least one hundred (100) feet from the property line;

(5)

Illuminated signs are prohibited;

(6)

Content of the detached sign is limited to the name of the farm or ranch, or its owner (e.g., "Big Top" or "John Doe Ranch") and an identification of the principal product (e.g., "Quarter Horses"); and

(7)

The content of the attached sign may contain the same content of the detached sign and may contain additional identifiers such as address, telephone number, and other particular examples of the principal product (i.e., "Home of Sea Biscuit, Grand Champion").

(i)

Directional kiosk signs.

(1)

Administration.

(i)

Directional kiosk signs may be installed only pursuant to an executed concession agreement approved by city council. All such agreements shall govern a person or company's right to design, erect, and maintain directional kiosk signs, and provide for city council and/or city staff review and/or approval of the location and design of proposed directional kiosk signs.

(ii)

All directional kiosk signs are subject to all permitting requirements set forth in Article 4, Sections 8.3(i)(2)-(3).

(2)

Location.

All directional kiosk signs shall comply with the following regulations unless the applicable executed concession agreement provides otherwise.

(i)

Directional kiosk signs shall be located so as not to create a traffic hazard or to obstruct the visibility of motorists, pedestrians, or traffic-control signs. The Director shall determine whether a proposed sign location constitutes a traffic hazard or obstructs visibility.

(ii)

Directional kiosk signs shall be located so as not to interfere with the general use of and handicap accessibility of sidewalks, walkways, bike and hiking trails.

(iii)

Directional kiosk signs shall be located so as not to interfere with any public utilities or be located in a utility easement.

(iv)

Directional kiosk signs must not be located within a sight distance triangle, as defined in the subdivision ordinance.

(v)

Directional kiosk signs may not be placed adjacent to a lot with residential use without the prior written consent of the lot owner(s) as identified on current tax rolls. Proof of prior written consent must be attached to permit applications for all directional kiosk signs so located. If a residential use is assigned to a lot adjacent to a preexisting directional kiosk sign, no written consent is required.

(vi)

Directional kiosk signs must be placed at least one hundred (100) feet from the nearest directional kiosk sign.

(vii)

Directional kiosk signs may not be located within a median.

(viii)

Directional kiosk signs must be located at least five (5) feet from the edge of all curbs and pavement lines, including improved surfaces and shoulders.

(3)

Design.

All directional kiosk signs shall comply with the following regulations unless the applicable executed concession agreement provides otherwise:

(i)

Directional kiosk signs may not exceed twelve (12) feet in height and four (4) feet in width;

(ii)

Directional kiosk signs must include breakaway design features as set forth by the Texas Department of Transportation's Sign Mounting Details for Roadside Signs; Breakaway fittings must be installed below grade or otherwise concealed from public view;

(iii)

The font and color of all directional kiosk signs must be uniform throughout the entire sign;

(iv)

Directional kiosk signs may not be illuminated;

(v)

Each directional kiosk sign must include at the top of the sign an identification panel displaying only the name and official city logo; and

(vi)

No signs, pennants, flags, streamers, balloons or other devices or appurtenances used for visual attention may be attached to directional kiosk signs.

(j)

Garage sale signs.

All garage sale signs must conform with the following:

(1)

No permit required for the installation of garage sale signs.

(2)

The maximum sign area shall be four (4) square feet.

(3)

The contents of the sign shall include only the following information:

Garage sale;

Address; and

Hours of operation.

(4)

The number of signs shall be restricted to one (1) onsite and six (6) offsite signs.

(5)

Garage sale signs shall be posted for no longer than seventy-two (72) hours. It shall be the responsibility of the individual conducting the sale to remove all signs prior to the expiration of the time period.

(6)

Posting of garage sale signs is prohibited on any utility pole, public fence or structure.

(k)

Changeable Electronic Variable Message Signs (CEVMS).

All CEVMS must conform with the following:

(1)

Shall only be allowed as a monument sign.

(2)

Commercial messages relating to products and services offered off the premises are prohibited.

(3)

Moving, flashing, animations, intermittently-lighting, changing color, beacons, revolving, and dissolving is prohibited.

(4)

Shall be limited to fifty (50) percent of the allowed square footage of a monument sign.

(5)

Frame duration shall be a minimum of fifteen (15) seconds.

(6)

Message transition time shall be a maximum of one (1) second and shall occur simultaneously on the entire sign face.

(7)

Shall be setback a minimum of one hundred (100) feet from any residential structure.

(l)

Murals.

All Murals must conform with the following:

(1)

Permitted only in commercial and non-residential zoning districts, excluding multifamily uses in the PGBT and Old Town Zoning District.

(2)

Limited to one (1) exterior surface and shall cover no more than seventy-five percent (5%) of the facade.

(3)

Shall not be displayed on any fence, building, or portion of, which is zoned residential.

(4)

Shall not include any commercial advertising.

(5)

Should the mural become faded, peeled and/or severely weathered, the owner, person, or firm maintaining the property shall, upon written notice from the director, repair and/or repaint the mural within sixty (60) days.

(m)

Electronic Vehicle (EV) charging stations.

(1)

Shall not flash or distract drivers.

(2)

Shall not be used for off-premise advertisement.

(3)

Screens shall not be larger than 2.25 square feet, except as otherwise permitted in this ordinance.

(n)

Political signs.

(1)

No political sign shall be attached to any utility, light pole, or traffic signal and shall be freestanding. Political signs shall be subject to the following additional regulations:

(i)

Shall only be located on private real property with consent of the property owner;

(ii)

Shall be no larger than thirty-six (36) square feet in size;

(iii)

Shall be no taller than eight (8) feet in height from grade;

(iv)

Shall not be illuminated;

(v)

Shall not have any moving part;

(vi)

Shall not be located in center medians or within fifteen (15) feet of any stop sign or traffic light; and

(vii)

All signs shall be removed within two (2) days after the conclusion of the election to which they are related.

(2)

Notwithstanding the provisions of Chapter 11-8 [sic] of the City of Sachse Code of Ordinances, the following regulations apply to electioneering on a City-owned polling place during the voting period.

(i)

It is an offense for any person to leave any electioneering sign or electioneering literature on a City-owned polling place:

(A)

Earlier than twenty-four (24) hours before the beginning of a voting period; or

(B)

Later than twenty-four (24) hours after the end of a voting period.

(ii)

It is an offense for any person to engage in electioneering on driveways, parking areas, medians within parking areas, or driveways on a City-owned polling place.

(iii)

It is an offense for any person to attach, place or otherwise affix or erect any electioneering sign or electioneering literature in any area designated as a planting or landscaped area or to any tree, shrub, building, pole, or other improvement on a City-owned polling place.

(iv)

It is an offense for any person to place any electioneering sign or electioneering literature within ten (10) feet of the public roadway adjacent to a City-owned polling place.

(v)

It is an offense for any person to place an electioneering sign on a City-owned polling place that exceeds sixteen (16) square feet.

(vi)

It is an offense for any person to place more than four (4) electioneering signs on a City-owned polling place.

(vii)

It is an offense for any person to:

(A)

Place a tent, canopy, or similar temporary structure on a City-owned polling place more than one (1) hour before the polls open on each day of the early voting period or election day; and/or

(B)

Allow a tent, canopy, or similar temporary structure to remain on a City-owned polling place more than one (1) hour after the polls close or the last voter has voted, whichever is later, on each day of the early voting period or election day.

It shall be a defense to this Section 8.3(n)(2)(vii) that the tent, canopy, or similar temporary structure has been located on the City-owned polling place by the City or a person expressly authorized by the City and is not being used for electioneering purposes.

(3)

The regulations set forth in Section 8.3(n)(1) shall not apply to any signs, materials, or other messages expressly owned or authorized by the City located on City property.

(4)

It shall be unlawful to place electioneering signs on City owned or City controlled property that is not a City-owned polling place.

(5)

It shall be a defense to a violation of Section 8.3(n)(1) that an electioneering sign is attached to a vehicle that is lawfully parked at a City-owned polling place.

(6)

The following people or entities shall be jointly and severally liable to the City for costs incurred by the City to repair real property or repair and/or replace personal property owned by the City that is damaged or destroyed as the result of the placement of any electioneering sign, tent, canopy, or other temporary structure on City-owned or controlled property:

(i)

The person who placed the electioneering sign, tent, canopy, or other temporary structure on City-owned or controlled property;

(ii)

The candidate whose election is being advocated by the electioneering sign, tent, canopy, or other temporary structure placed on City-owned or controlled property; and

(iii)

In the case of an electioneering sign, tent, canopy, or other temporary structure placed in association with an election on a measure, the chair of the special purpose committee identified on or that authorized placement of the electioneering sign, tent, canopy, or other temporary structure placed on City-owned or controlled property.

8.4

Prohibited signs.

(a)

Obscene, indecent and immoral matter.

It shall be unlawful for any person to display upon any sign or mural any obscene, indecent or immoral matter.

(b)

Obstructing doors, windows or fire escapes.

It shall be unlawful to erect, relocate or maintain a sign to prevent free ingress or egress from any door, window or fire escape.

(c)

Attachment to standpipe or fire escape.

It shall be unlawful to attach any sign to a standpipe or fire escape.

(d)

Interference with traffic.

It shall be unlawful to erect, relocate or maintain any sign in such a manner as to obstruct free and clear vision at any location where, by reason of position, size, movement, shape, color, flashing, manner or intensity of illumination, such sign may interfere with vehicular or pedestrian traffic. Further, it shall be unlawful to erect or maintain any sign in such a manner as to interfere with, obstruct the view of or be confused with, any authorized traffic sign, signal or device. Accordingly, no sign shall make use of the words "stop," "go," "look," "slow," "danger," or any other similar word, phrase, symbol or character or employ any red, yellow, orange, green or other colored lamp or light in such a manner as to cause confusion to or otherwise interfere with, vehicular or pedestrian traffic.

(e)

Mobile or portable signs.

(1)

It shall be unlawful to attach any sign to a trailer, skid, or similar mobile structure, where the primary use of such structure is to provide a base for such sign or constitute the sign itself. This provision does not restrict the identification signs on vehicles used for any bona fide transportation activity.

(2)

Signs attached to or upon any vehicle shall be prohibited where any such vehicle is allowed to remain parked in the same location, or in the same vicinity, at frequent or extended periods of time, where the intent is apparent to be one of using the vehicle and signs for purposes of advertising an establishment, service or product. Vehicles operating under a city franchise shall be excluded from this provision.

(3)

A-frame signs and sandwich board signs are prohibited and unlawful. Except as permitted in the Old Town District as set forth in Chapter 11, Exhibit A, Article 3, Section 15.8.

(f)

Advertising matter placed on or suspended from buildings, poles, sidewalks, etc.

(1)

No person shall place on or suspend from, any building, pole, structure, sidewalk, parkway, driveway or parking area, any goods, wares, merchandise or other advertising object or structure for the purpose of advertising such items other than a sign, as defined, regulated and prescribed by this section, except as otherwise allowed by ordinance.

(2)

No cloth, paper, banner, flag, device or other similar advertising matter shall be permitted to be attached to, suspended from, or be allowed to hang from, any sign, building or structure, when the same shall create a public nuisance or danger.

(g)

Painting, marking, etc., streets, sidewalks, utility poles, etc.

No person shall attach any sign, paper or other material or paint, stencil or write any name, number (except house numbers) or otherwise mark on any sidewalk, curb, gutter, street utility pole, public building, fence or structure except as otherwise allowed by ordinance.

(h)

Attaching advertising matter to fences, utility poles, etc.; and scattering advertising matter on streets and sidewalks.

(1)

No person shall paste, stick, tack, nail or otherwise place any advertisement, handbill, placard or printed, pictured or written matter or thing for political advertising purposes upon any fence, railing, sidewalk or public telephone, electric or other utility pole, or any other public property, including trees thereon, or to knowingly cause or to permit the same to be done for his benefit.

(2)

It shall also be unlawful for any person to scatter or throw any handbills, circulars, cards, tear sheets or any other advertising device of any description, along or upon any street or sidewalk in the city.

(3)

The city may at their own discretion remove and impound any signs, advertisements, handbills, placard or printed, pictured or written matter or thing for political advertising purposes when illegally posted upon any tree, fence, railing, sidewalk or public telephone, electric or other utility pole or any other public property, right-of-way, parkway or median.

(4)

Impounded signs may be recovered by the owner within fifteen (15) days of the date of impoundment by paying a fee as prescribed by the city council. Signs not recovered within fifteen (15) days may be disposed of in any manner the city shall elect.

(i)

Moving, flashing and certain illuminated signs prohibited.

(1)

No sign shall be illuminated to such an intensity or in such a manner, as to cause a glare or brightness to a degree that it constitutes a hazard or nuisance. Moving, animation, flashing, intermittently lighted, changing color, beacons, revolving or similarly constructed signs shall not be allowed unless explicitly permitted herein.

(2)

No lighted sign shall be erected within one hundred (100) feet of a residential structure unless the lighting is shielded from view of the residential district.

(j)

Balloons and other floating devices used for advertising purposes.

No person shall erect, maintain or permit the erection of, for advertising purposes, any balloons, flags, or other floating devices anchored to the ground or to any other structure within the city, except as provided under Section 8.3(e).

(k)

Signs prohibited in right-of-way.

It shall be unlawful to erect or install any sign in the Right-of-way of any street, road, thoroughfare or highway within the city limits of the City of Sachse.

(l)

Billboard signs prohibited.

Billboards are prohibited in all zoning districts.

8.5

Penalty provisions.

(a)

Persons responsible.

The permittee, owner, agent, person or persons having the beneficial use of the ground or a sign, the owner of the land or structure on which the sign is located, and the person in charge of erecting the sign are all subject to the provisions of this section and are subject to the penalty provided for violation.

(b)

Penalty for violation.

Any person, firm or corporation who violates any provision of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof in the municipal court, shall be subject to a fine as provided for in section 1-7 of this Code of Ordinances for each offense, and each and every day that the violation of this section shall be permitted to continue shall constitute a separate offense.

8.6

Preserving rights and violations under existing ordinances.

By the passage of this section, no presently illegal use of signs shall be deemed to have been legalized, and no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time existing sign ordinance or regulations were repealed and this section adopted, shall be discharged or affected by such repeal; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted, or causes presently pending proceeded with, in all respects as if such prior ordinance, or portion of such ordinance, had not been repealed.

Table 1: General Provisions
Sign Type	Maximum Area	Maximum Height	Setback From ROW	Maximum Number Allowed	Special Provisions
Temporary Signs
Balloon Sign	-	-	-	1/frontage	§ 8.3(e)
Banner Sign	36 SF	-	-	1	§ 8.3(e)
Construction Sign	16 SF	8 FT	8 FT	-	§ 8.2(d)
Development Sign	100 SF	8 FT	8 FT	1/frontage	§ 8.3(e)(1)
Human Sign	-	-	-	1	§ 8.3(e)
Model Home Sign	32 SF	6 FT	-	1	§ 8.3(e)
Pole Banner Sign	-	-	-	-	§ 8.2(d)
Portable Sign	8 SF	-	-	-	§ 8.3(e)
Real Estate Sign	8 SF	4 FT	-	1	§ 8.2(d)
Wind Driven Sign	-	-	-	-	§ 8.3(e)
Permanent Signs
Apartment Sign	-	-	8 FT	-	§ 8.3(c)
CEVMS	-	-	8 FT	-	§ 8.3(k)
Directional Kiosk	-	-	-	-	§ 8.3(i)
Hanging Sign	8 SF	-	-	1/frontage	§ 8.3(b)
Identification Sign	-	8 FT	-	-	§ 8.3(c)
Marquee Sign	-	-	-	-	§ 8.3(b)
Memorial Signs	24 SF	-	-	-	§ 8.2(d)
Monument Sign	-	-	8 FT	1/frontage	§ 8.3(c)
Mural	-	-	-	1	§ 8.3(l)
Nameplate Sign	1 SF	-	-	-	§ 8.2(d)
Neon Sign	-	6 FT	-	-	§ 8.3(b)
Projecting Sign	8 SF	2 FT	-	1/frontage	§ 8.3(b)
Ranchette Identification	32 SF	-	-	2	§ 8.3(h)
Roof Sign	-	-	-	-	§ 8.3(b)
Wall Sign	-	-	-	-	§ 8.3(b)
Window Sign	-	-	-	-	§ 8.2(d)

Table 2: Use Chart
Sign Type	Land Use Category													Special Provisions
	SF-R	AG	C-1	C-2	I-1	I-2	TC***	TMU***	TT***	DTS**	DTN**	NBR**	SHC**
Temporary Signs
Advertising Sign														§ 8.3(d)
Balloon Sign			P	P	P	P	P	P	P	P	P		P	§ 8.3(e)
Banner Sign			P	P	P	P	P	P	P	P	P		P	§ 8.3(e)
Construction Sign	P		P	P	P	P	P	P	P	P	P	P	P	§ 8.2(d)
Development Sign	P		P	P	P	P	P	P	P	P	P	P	P	§ 8.3(e)(1)
Ground Sign														§ 8.4(i)
Human Sign														§ 8.3(e)
Model Home Sign	P							P	P					§ 8.3(e)
Pole Banner Sign							P	P	P	P	P		P	§ 8.2(d)
Political Signs	C		C	C	C	C	C	C	C	C	C	C	C	§ 8.3(n)
Portable Sign														§ 8.3(e)
Real Estate Sign	C		P	P	P	P	P	P	P	P	P	P	P	§ 8.2(d)
Vehicle Sign														§ 8.4(e)
Wind Driven Sign			P	P	P	P								§ 8.3(e)
Permanent Signs
Advertising Sign														§ 8.3(d)
Apartment Sign			P	P			P	P	P	P	P		P
Billboard Sign														§ 8.4(m)
CEVMS	P*	P*	P	P	P	P	P	P		P	P		P	§ 8.3(k)
Directional Kiosk	C	C	C	C	C	C	C	C	C	C	C	C	C	§ 8.3(i)
Fuel Price Sign			P	P	P	P	P	P		P	P		P	§ 8.3(c)
Ground Sign														§ 8.4(i)
Hanging Sign			P	P	P	P	P	P	P	P	P		P	§ 8.3(b)
Identification Sign			P	P	P	P	P	P	P	P	P		P	§ 8.3(c)
LED Cabinet Sign
Marquee Sign			P	P	P	P				P	P			§ 8.3(b)
Memorial Signs	C	C	C	C	C	C	C	C	C	C	C	C	C	§ 8.2(d)
Monument Sign	P*	P*	P	P	P	P	P	P	P	P	P		P	§ 8.3(c)
Mural Signs							P	P		P	P			§ 8.3(a)
Nameplate Sign			C	C	C	C	C	C	C	C	C		C	§ 8.2(d)
Neon Sign										P	P		P	§ 8.3(b)
Pole Sign														§ 8.4(i)
Projecting Sign							P	P		P	P		P	§ 8.3(b)
Ranchette Identification		P												§ 8.3(h)
Roof Sign	P*	P*								P	P			§ 8.3(b)
Wall Sign	P*	P*	P	P	P	P	P	P	P	P	P		P	§ 8.3(b)
Window Sign			C	C	C	C	C	C	C	C	C		C	§ 8.2(d)

Not Permitted
P	Allowed with Permit
C	Allowed in compliance with code; No permit required
*	Permitted when used for public schools
**	Special regulations, refer to Article 3, Section 15.8
***	Special regulations, refer to Article 3, Section 14.9

(Ordinance O-2024-01 adopted 1/16/2024)

§ 9 Wind energy systems.

9.1

Definitions.

ANSI

means the American National Standards Institute.

dBA

means the sound pressure level in decibels. Refers to the “a” weighted scale defined by ANSI. A method for weighting the frequency spectrum to mimic the human ear.

Decibel

means the unit of measurement used to express the magnitude of sound pressure and sound intensity.

Sound pressure

means the average rate at which sound energy is transmitted through a unit area in a specified direction. The pressure of the sound measured at a receiver.

Sound pressure level

means the sound pressure mapped to a logarithmic scale and reported in decibels (dB).

Tower height

shall mean the height of the tower, including the base, wind turbine and blades.

Turbine

shall mean the parts of a wind energy system including the blades, generator and tail.

Utility grid wind energy system

shall mean a wind energy system designed and built to provide electricity to the electric utility grid.

Wind energy system or system

shall mean a wind energy conversion system that converts wind energy into electricity through the use and consisting of a wind turbine, a tower, and associated control or conversion electronics, that has a rated capacity of not more than 20 kw for residential systems and not more than 100 kw for commercial systems and is intended for on-site production and consumption of electricity to serve the needs of the consumer.

9.2

General regulations.

Wind energy systems meeting the following general regulations shall be permitted by right within any zoning district. Wind energy systems that fail to meet the following standards may be permitted by special use permit. The procedures for consideration of an application for a special use permit shall be as specified in article 3, section 11 of the city’s zoning ordinance. Pre-existing wind energy systems lawfully in existence at the time of the enactment of this section shall not be required to meet the requirements established herein.

(a)

Utility grid wind energy systems.

Utility grid wind energy systems are prohibited within the city.

(b)

Construction standards.

A wind energy system must be installed according to the manufacturer’s recommendations and under the seal of a professional engineer registered in the State of Texas. Additionally, all components of a wind energy system shall comply with applicable state and local building codes. Only wind energy systems utilizing monopole towers shall be permitted. No systems utilizing lattice towers or requiring guy wires shall be permitted in the city.

(c)

Maximum height.

Wind energy systems shall not exceed 64 feet in tower height (inclusive of the turbine and blades) in all zoning classifications where structures of any sort are allowed, subject to the regulations set forth in this section.

(d)

Location and setback.

(1)

A wind energy system shall only be permitted on lots that are two acres or greater in size (87,120 square feet).

(2)

No wind energy system shall be permitted in the front yard, which is defined as the space between the street and the front building face of the primary structure. This provision shall include a side yard adjacent to the street on a corner lot.

(3)

The tower structure of a wind energy system shall be set back from all property lines a minimum distance equal to one and one-fourth times the height of the tower.

(4)

Location and setback requirements, including minimum lot size shall be maintained so long as the wind energy system is in place. If a tower ceases to meet these criteria due to subsequent subdivision of land, the wind energy system is in violation of this ordinance.

(e)

Primary structure required on lot.

A wind energy system may be constructed or installed on a lot as a secondary structure only after a primary structure has been constructed on the lot.

(f)

Sound pressure levels.

Sound pressure levels shall not exceed 50 decibels (dBA) between 7:00 a.m. and 10:00 p.m. and 35 decibels (dBA) between the hours of 10:00 p.m. and 7:00 a.m. as measured from the properly line closest to the wind energy system.

(g)

Lights.

All lighting, including but not limited to, upward lighting, flood lights, or lighting mounted on the structure itself, shall be prohibited unless such lighting is required by the Federal Aviation Administration (FAA). When obstruction lighting is required by the FAA, such lighting shall not exceed the minimum requirements of said agency.

(h)

Signs.

No advertising or other signs or flags shall be allowed on a wind energy system.

(i)

Prohibited in easements.

No portion of a wind energy system shall be placed in easements unless authorized by the easement holder.

(j)

Notice to utility company on grid-interconnected systems.

No grid-interconnected wind energy system shall be installed until the customer provides the building official evidence that the appropriate utility company has been informed of the customer’s intent to install. Off-grid systems shall be exempt from this requirement.

(k)

Color.

Wind energy system towers shall be a neutral color (i.e. light grey, white) and shall remain painted or finished the color and/or finish that was originally applied by the manufacturer, unless otherwise approved in the special use permit.

(l)

City building codes/safety standards.

To ensure the structural integrity of a wind energy system, the owner of such system must ensure that it is maintained in compliance with all provisions of the City of Sachse’s building codes and zoning regulations. If, upon inspection, the city concludes that a wind energy system fails to comply with such codes and regulations and/or constitutes a danger to persons or property, then upon written notice to the owner of the wind energy system, the owner shall have 60 days to bring the wind energy system into compliance or be found in violation of this ordinance and be subject to the fines provided herein.

(m)

Collocation.

Collocation of any kind shall be prohibited. Wind energy system towers shall not be utilized for any purpose other than that specified by the manufacturer.

(n)

Maintenance and abandonment.

(1)

The wind turbines shall be maintained at all times according to the manufacturer’s specifications.

(2)

A wind turbine that has become unstable leans significantly out-of-plumb, or that poses a danger of collapse shall be removed or brought into repair within 60 days following notice by the building official to the owner of the lot upon which the wind turbine is located. The building official may order immediate repairs or removal in the event of imminent collapse.

(3)

If the owner of the wind turbines plans to abandon or discontinue, or is required to discontinue the operation of the system, the owner shall notify the building official by certified U.S. Mail of the proposed date of abandonment or discontinuation. Such notice shall be given no less than 30 days prior to abandonment or discontinuation.

In the event that an owner fails to give such notice, the wind turbine shall be considered abandoned if the turbine is not operated for a continuous period of 12 months.

ii.

Upon abandonment or discontinuation of use, the property owner shall physically remove the wind turbine within 90 days from the date of abandonment or discontinuation of use. “Physically remove” includes, without limitation, the actual, complete removal of the tower, turbine and all other components of the system and transportation of such components to an appropriate disposal site.

9.3

Building permit required.

A building permit must be obtained prior to the construction or installation of a wind energy system. An application for building permit must be accompanied by:

(a)

The appropriate permit fee as established by the city;

(b)

A site plan of the proposed wind energy system at a scale of 1" = 30'. The submittal of the site plan should consist of three 24" × 36" sheets and one 11" × 17" sheet and include:

(1)

A survey and legal description of the subject property.

(2)

A plan view layout of the proposed wind energy system clearly showing the following:

The location of the system.

ii.

All components of the system.

iii.

Distances to property lines.

iv.

Required setbacks.

Adjacent land uses and zoning designations.

vi.

Existing structures on the site.

vii.

Natural features such as watercourses and trees.

(c)

Elevation drawings showing:

(1)

The design and height of the proposed wind energy system; and

(2)

Detailed drawings of all system components.

(d)

A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the International Building Code and National Electric Code. This information is frequently supplied by the manufacturer.

(1)

Standard installation drawing of the wind turbine structure, including the tower, base and footings. An engineering analysis of the tower showing compliance with the International Building Code and certified by a licensed professional engineer registered in the State of Texas shall also be submitted.

(2)

Evidence of notice to the utility company as provided in section 9.2(j).

(Ordinance 3206, sec. 1, adopted 4/19/10; Ordinance 3947, sec. 2, adopted 10/7/19)

§ 10 Lighting.

10.1

General.

This section establishes minimum criteria for the installation, use and maintenance of outdoor lighting.

10.2

Purpose.

The purpose of the lighting standards is to:

Preserve and enhance the lawful nighttime use and enjoyment of property;

Protect drivers and pedestrians on nearby travel ways from disabling glare from non-vehicular light sources that shine directly into their eyes, thereby, impairing safe travel;

Shield neighboring properties from nuisance glare and trespass resulting from improperly directed or unshielded light sources;

Prevent and/or lessen light pollution;

Promote efficient design and operation with regard to energy conservation; and

Curtail the degradation of the nighttime visual environment.

10.3

Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Building official

means the chief building official for the City of Sachse, or his or her designee, having responsibility to enforce and administer this article.

Bulb or lamp

means the source of electric light. To be distinguished from the whole assembly, lamp is used to denote the bulb and its housing.

Candela

means the unit of luminous intensity in a given direction. It is commonly called one candlepower.

Cutoff fixture

means a fixture that provides a cutoff (shielding) of the light emitted.

Diffusing luminaire

means one that scatters light substantially in all directions as contrasted with a directional luminaire which confines its light principally in an angle of less than 180 degrees.

Floodlight

means a luminaire designed to project its light in a well-defined area. It is directional in character.

Floodlight beam

means the angular spread of light between two orthogonal planes each of which equal ten percent of the maximum candlepower within the beam.

Foot-candle

means the amount of illumination provided by one lumen uniformly distributed on one square foot of surface.

Foot-lambert

means the luminance of a surface uniformly emitting, transmitting, or reflecting one lumen per square foot of surface.

Fixture

means the assembly that holds the lamp in a lighting system. It includes the elements designed to give light output control, such as a reflector (mirror) or defractor (lens), the ballast, housing and the attachment parts.

Full cutoff fixture

means a fixture that allows no emission above a horizontal plane through the fixture.

Fully shielded

means light fixtures that are constructed so all light rays emitted by the fixture are projected below the horizontal plane passing through the lowest point on the fixture from which light is emitted, nearly 100 percent cut-off type, as evidenced by the manufacturer’s photometric data.

Glare

means direct lighting emitted from a luminary that causes reduced vision or temporary blindness.

High pressure sodium (HPS)

means a high intensity discharge lamp where radiation is produced from sodium vapor at relatively high partial pressures (100 tore). HPS is essentially point source light.

Horizontal plane

means a line horizontal to the lowest point on the fixture from which light is emitted.

Illumination

means the density of the luminous flux (lumens) incident on a surface. It is the quotient of the luminous flux divided by the area of the surface, expressed in foot-candles.

Incandescent lamp

means any lamp that produces light by heating a filament through use of an electric current.

Installed

means the attachment, or assembly fixed in place, whether or not connected to a power source, or any outdoor light fixture.

Kilowatt (kWh)

means a unit of energy equal to the work done by one kilowatt (1,000 watts) of power acting for one hour.

Light source

means a device (such as a lamp) which produces visible energy as distinguished from devices or bodies which reflect or transmit light such as a luminaire.

Light trespass

means light falling outside the boundary of property for which it was originally intended or needed. Also referred to as spillover light or obtrusive light.

Low pressure sodium (LPS)

means a discharge lamp where the light is produced by radiation from sodium vapor at a relatively low partial pressure (about 0.001 tore). LPS is a “tube source” monochromatic light.

Lumen

means the quantity of luminous flux intercepted by a surface of one square foot, all points of which are one foot from a uniform source of one candela. A one-candela source provides 12.57 lumens.

Luminaire

means a device or fixture containing a light source and means for directing and controlling the distribution of light from the source.

Luminance

means the luminous intensity per unit projected area of a given surface viewed from a given direction; for purposes of this article expressed in candelas divided by distance squared.

Mercury lamp

means a high intensity discharge lamp where light is produced by radiation from mercury vapor.

Metal halide lamp

means a high intensity discharge lamp where light is produced by radiation from metal halide vapor.

Outdoor lighting fixture

means an outdoor artificial illumination device, whether permanent or portable, used for illumination outdoors and shall include but not be limited to devices used for search, spot, flood and area lighting for buildings and structures, recreational facilities, parking areas, landscape lighting, outdoor advertising displays, billboards, signs, public and private street lighting and walkway lighting.

Partially shielded

means shielding so that the lower edge of the shield is at or below the centerline of the light source or lamp so as to minimize light transmission above the horizontal plane, or at least 90 percent of the emitted light projects below the horizontal plane as evidenced by the manufacturer’s photometric data.

Photometric

means quantitative measurements of light levels and distribution.

Shielding

means a physical structure intended to restrict emitted light.

Substantial change

means any change to the lamp or bulb that alters the lighting properties of the site, or any change in the type, style or orientation of a light fixture.

10.4

Applicability and exemptions.

The lighting standards for the City of Sachse shall apply to all new construction except as follows:

Outdoor lighting that lawfully exists as of the date of this ordinance shall be deemed a lawful use. Any substantial change or addition to the existing lighting system, as determined by the Building Official, shall comply with the provisions of this ordinance. If a site substantially changes more than 25 percent of the lighting on a site or adds new lighting that increases the number of light fixtures by more than 25 percent, the entire site shall comply with the provisions of this ordinance.

Commercial sites approved as part of a site plan prior to the ordinance from which this chapter is derived shall conform to the provisions in place at that time. Any substantial change or addition to the existing lighting system shall, as determined by the Building Official, comply with the provisions of this section. If a site substantially changes more than 25 percent of the lighting on a site or adds new lighting that increases the number of light fixtures by more than 25 percent, the entire site shall comply with the provisions of this ordinance.

If a use with existing, non-conforming lighting shall cease operation for a period of more than 18 months, then such nonconforming lighting shall be deemed permanently abandoned. The lighting on such site shall be brought into conformance with the provisions of this ordinance prior to the redevelopment or re-use of the site.

The following uses shall be exempt from the requirements of this section:

(1)

Lighting installed by a governmental agency for public benefit on public rights-of-way, parks, and public recreation areas;

(2)

Temporary special effects of holiday lighting;

(3)

Navigation and airport lighting required by the Federal Aviation Administration for operation of airplanes; and

(4)

Emergency lighting by police, fire, and/or municipal, state or federal government authorities.

10.5

Submittal requirements.

As part of any site plan application or prior to altering any existing lighting, the applicant shall submit evidence that the proposed work will comply with this chapter. The submission shall contain, but is not be limited to, the following:

(1)

Plans I indicating the location on the premises, and the type of illuminating devices, fixtures, lamps, supports, reflectors and other devices, and the mounting height of the light;

(2)

Description of the illuminating devices, fixtures, lamps, supports, reflectors and other devices shall include, but is not limited to, catalog cuts by manufacturers and drawings; and

(3)

Photometric plans showing illumination levels on the property, at the property line and just beyond the property line, as well as other data such as that furnished by manufacturers or similar data showing the angle of cutoff for light emissions.

The required plans, description, and data provided shall be sufficient to enable the plans examiner to readily determine whether compliance with the requirements of this chapter will be secured.

10.6

Measurement.

Metering equipment.

Lighting levels shall be measured in foot-candles with a direct reading, portable light meter. The meter shall read within an accuracy of plus or minus five percent. It shall have been tested and calibrated by an independent commercial photometric laboratory or the manufacturer within one year of the date of use as attested to by a certificate issued by such laboratory.

Method of measurement.

The meter sensor shall be mounted or held not more than six inches above ground level in a horizontal position. Readings shall be taken only after the cell has been exposed to provide a constant reading. Measurements shall be made when the National Weather Service indicates visibility is six miles or greater such that measurements will not be adversely affected by atmospheric scatter. Measurements shall be made at least one hour after sunset or one hour prior to sunrise with the existing questioned light sources on, then with the same sources off. The difference between the two readings shall be compared to the limitations stated by this section. This procedure eliminates the effects of moonlight and other ambient light. However, if lighting levels comply with the light sources on then no further reading is needed with the light sources off to demonstrate compliance.

Computation of illumination.

Illumination at a point may be computed in lieu of measurement. Computation methods shall consist of an Illumination Engineering Society of North America accepted method, using certified photometric data furnished by the fixture manufacturer, lamp manufacturer, photometric laboratory, or other reliable authority satisfactory to the city. Computations shall be based on new, properly seasoned lamps, new and clean fixtures, and at rated voltage and wattage, with ballasts, lenses, shields, diffusers, and other appurtenances in place, and with proper regard taken for mounting height, relative elevation, natural and man-made objects and industry standard maintenance factors.

10.7

Illumination.

Limitations on neighboring property.

The limit of illumination on neighboring property from one establishment shall be based on the zoning of the neighboring property. Maximum computed maintained and maximum measured foot-candles at the neighboring property lines shall not exceed:

(1)

Single family and two-family residential districts: 0.25 foot-candles

(2)

Multifamily residential districts: 0.5 foot-candles

(3)

Agriculture: 1.0 foot-candles

(4)

Nonresidential districts (excluding industrial): 3.0 foot-candles

(5)

Rights-of-way and private streets: 3.0 foot-candles

(6)

Industrial districts: 5.0 foot-candles

(7)

Exception.

Illumination at interior property lines on contiguous lots in a multitenant nonresidential development may exceed the above criteria when necessary to provide constant lighting levels of adjoining parking areas, fire lanes and interior access roadways as determined by the Director of Development Services.

Limitations on subject property.

The maximum outdoor maintained computed and measured illumination level on the subject property shall not exceed 20 foot-candles at any point, with the following exceptions:

(1)

Lighting under canopies (such as service stations) shall not exceed 30 foot-candles. All other lighting on the site shall comply with the provisions of this section.

(2)

Lighting for car dealerships shall not exceed 30 foot-candles within vehicle display areas.

10.8

Luminance.

Calculations generally.

If illumination measurements are not practical as determined by the Building Official and no other means of measuring fixture luminance is immediately available, a computation for measuring luminance may be used to determine compliance with this article.

Luminance calculations using luminaire photometric data.

For the purpose of this article, the luminance shall be computed by the formula:

where I is the fixture candlepower in candelas in the direction of the point from which the calculations are to be made, d is the shortest distance in feet measured horizontally from the property line to a point directly under the luminaire, and h is the height of the luminaire above the eye level (at the property line) as explained in Figure A below:

Luminance limitations.

The luminance on neighboring property from one establishment shall be by zoning of the neighboring property. The luminance as calculated in subsection (b) shall not exceed the value by zoning as follows:

Luminance
Single-family and two-family residential districts	0.02
Multiple-family residential districts	0.05
Nonresidential districts, streets	0.30
Industrial districts	0.50

10.9

Effective outdoor lighting.

The purpose of the effective outdoor lighting section is to minimize glare, sky glow, light trespass and excessive energy consumption through the use of appropriate lighting fixtures, practices and systems, while maintaining safety, security and productivity and curtailing degradation of the nighttime visual environment. The following are requirements for effective outdoor lighting:

Fully shielded luminaries shall be required in all outdoor lighting installations, with the following exceptions:

(1)

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 or shielded lights for the purpose of confining the light to the object of interest and minimize light spillover and glare. Compliance with this provision shall be subject to approval by the building official.

(2)

Building facades and architectural features of buildings may be floodlighted when the floodlight fixtures are equipped with shields and are located so as to limit the fixture’s direct light distribution to the façade or feature being illuminated. The configuration of the floodlight installation shall block all view to the floodlight fixture’s lamps from adjacent properties. Compliance with this provision shall be subject to approval by the building official.

The following lamp types shall be prohibited for outdoor lighting:

(1)

Low pressure sodium

(2)

Mercury vapor

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

Outdoor lighting shall be constructed and installed in a manner consistent with this section and shall be located so as not produce glare or direct illumination across the property line or onto rights-of-way.

Pole height.

(1)

In parking areas containing zero to 150 parking spaces, the maximum height of lighting pole standards shall not exceed 25 feet.

(2)

In parking areas containing 151 or more parking spaces, the maximum height of lighting pole standards shall not exceed 35 feet.

(3)

For contiguous lots in a multitenant nonresidential development, adjacent parking areas may be combined for the purposes of calculating parking spaces used to determine maximum pole height.

Hours of operation.

(1)

Lighting used for the illumination of outdoor sales and eating areas, on-site advertising, assembly areas, repair areas, and businesses may be operated during the hours that the facilities are open to the public;

(2)

Lighting used for the illumination of recreational and sporting areas shall be turned off by 11:00 pm on Sunday through Thursday and by 12:00 midnight on Friday and Saturday; and

(3)

Lighting used for the illumination of walkways, roadways, equipment yards, parking areas and outdoor security may be operated anytime.

(Ordinance 3455, sec. 1, adopted 2/18/13; Ordinance 3947, sec. 2, adopted 10/7/19; Ordinance 4012 adopted 4/19/21)

§ 11 Landscaping and screening.

11.1

Purpose.

The purposes of this section are as follows:

To aid in stabilizing the environment’s ecological balance by contributing to the processes of air purification, oxygen regeneration, groundwater recharge, and stormwater or irrigation runoff retardation, while at the same time aiding in noise, glare and heat abatement;

To assist in providing adequate light and air and preventing overcrowding of land;

To ensure that landscaping is an integral part of a development or redevelopment;

To enhance the beautification of the city;

To enhance property values and to protect public and private investments;

To preserve and protect the unique identity and environment of the city and preserve the economic base attracted to the city by such factors;

To conserve energy and natural resources; and

To protect and enhance the public health, safety and general welfare.

11.2

Applicability.

General applicability.

This section shall apply to all development and improvements to property. This shall include, but shall not be limited to the following:

Enlargement of existing development.

Applications for building permits for construction work that:

(a)

Increases the number of stories in a building on the lot, or

(b)

Increases by more than ten percent or 10,000 square feet, whichever is less, of the combined floor areas of a building, or

(c)

Increases the impermeable lot coverage by more than 2,000 square feet.

Change of use.

Change of use where the value of improvements to the existing building to accommodate the new use exceeds 30 percent of the tax-appraised value of the structure immediately prior to issuance of a building permit.

Nonconformities.

Lots and properties to which lawful nonconforming status is terminated for any reason.

Relationship to other requirements.

Use-Specific standards.

Any use required to provide landscaping or screening pursuant to the use-specific standards of this Code shall provide such use-specific landscaping or screening. In the event of a conflict between the use-specific requirements and the general requirements of this Section, the use-specific provisions shall control.

Conflicts with other zoning districts.

Where landscaping regulations included in the turnpike overlay district and the mixed use district conflict with the regulations contained herein, the regulations included in the turnpike overlay district and the mixed use district shall control.

11.3

Administration and enforcement of landscaping provisions.

Form and content of application.

To be accepted as complete, landscape plans shall be prepared by a person knowledgeable in plant material usage and landscape design (e.g., landscape architect, landscape contractor, landscape designer, etc.), prepared in the format specified by the director of development services or his/her designee and shall contain all information and supporting materials required by this section. Landscape plans involving grade work or retaining walls shall be prepared and sealed by a professional engineer licensed to practice in the State of Texas. Irrigation plans shall be submitted with building plans when the building permit application is submitted to the chief building official for review. In addition, irrigation plans shall be prepared by a licensed irrigator.

Maintenance responsibility.

It shall be the responsibility of the owner (or applicable Homeowner’s Association/Property Owner’s Association) to maintain all installed landscaping, screening walls or living screens.

Surety.

When due to drought restrictions, a property owner seeks a certificate of occupancy prior to landscaping being installed, the director of development services shall require an irrevocable letter of credit or cash escrow equivalent to 135 percent of the total cost of the landscaping. Appropriate erosion control measures will need to be taken by the property owner during the deferral of planting. These measures should include the installation of erosion control fabric (e.g., Curlex) and other necessary measures.

When drought restrictions have been relaxed and landscape installation is not prohibited, the property owner shall have 180 days from this time to complete the installation of required landscaping.

Certificate of occupancy.

Irrigation.

No certificate of occupancy shall be issued prior to the complete installation and approval of the irrigation system as indicated on the approved landscape and irrigation plans, unless otherwise provided in this section.

Water restrictions.

When mandated water restrictions do not allow for the installation and watering of new landscaping, the property owner shall either post surety in accordance with this section or seek a variance from the city manager in order to obtain a certificate of occupancy. Variances will be reviewed on a case-by-case basis and the property owner will be required to demonstrate how alternate landscaping measures will reduces water consumption for the site. If a variance is approved it will only be until such time as vegetative roots are established for new landscaping.

11.4

Required landscaping.

General.

In all areas other than single-family and two-family dwellings, at least ten percent of the gross lot area excluding rights-of-way shall be maintained as landscaped area and shall comply with the following standards:

All required perimeter buffers and off-street parking interior landscaping shall be included in the overall minimum ten percent of gross site landscaping.

No tree may be planted within five feet of any impermeable surface or area, unless approved by the director of development services or a greater distance is required due to tree species.

The existing natural landscape character shall be preserved to the extent reasonable and feasible. In an area of the street frontage containing a stand of trees, the developer shall use good-faith efforts to preserve such trees, and also shall comply with the tree preservation requirements in this Code.

No unapproved landscaping, object, structure, or sign shall be placed within a visibility easement.

A minimum of one-third of all trees and shrubs required to be planted as part of perimeter buffers (right-of-way, compatibility or incompatibility), parking lot landscaping, and single-family residential landscaping shall be drought-tolerant species. These drought-tolerant species shall be chosen from those noted as such in the approved plant list in this section. This requirement shall not apply to ground-cover.

Perimeter buffer landscape requirements.

Buffer types.

(a)

Right-of-way.

Right-of-way (ROW) buffers shall be provided along all street frontages except alleys. ROW buffers shall not be required for individual single-family or duplex dwellings.

(b)

Compatibility.

Compatibility buffers shall be provided between all compatible use types, except the case where single family residential subdivisions are adjacent to other single family residential subdivisions.

(c)

Incompatibility.

Incompatibility buffers shall be provided between all incompatible use types or incompatible zoning districts.

Figure 1. Buffer Types

Trees and shrubs.

Trees and shrubs shall be provided in all perimeter buffers in accordance with the following standards:

(a)

Trees.

(1)

ROW buffers. One tree per 50 lineal feet.

(2)

Compatibility buffers.

No tree requirement.

(3)

Incompatibility buffer.

One tree per 50 lineal feet.

(b)

Shrubs.

(1)

ROW buffers.

One evergreen shrub per three lineal feet, for a maximum of 75 percent of the ROW frontage.

(2)

Compatibility buffers.

No shrub requirement.

(3)

Incompatibility buffers.

No shrub requirement.

Walls and fences.

If a masonry wall is required within an incompatibility buffer or otherwise provided as part of the proposed landscaping, the wall shall adhere to the masonry wall standards provided in this Code.

Area measurement.

The width of access ways that traverse required perimeter landscape buffers shall be included in the calculation of linear dimension.

ROW buffer.

(a)

Width.

The total width of the buffer along streets, thoroughfares, or other means of vehicular access shall be ten feet.

(b)

Corner lots at the intersection of minor arterials or major arterials.

Corner lots at the intersection of minor arterials or major arterials with collector streets or larger thoroughfares shall provide a minimum landscape area of 600 square feet located at the intersection corner of the lot.

(c)

Planting pattern for perimeter ROW buffer.

At least 75 percent of the frontage of parking lots adjacent to a public right-of-way, within the street yard shall be screened from public streets with evergreen shrubs attaining a minimum height of three feet, a low masonry wall of a minimum height of three feet, a landscaped earthen berm of a minimum height of three feet or a combination of the above with a minimum combined height of three feet. A wall used for parking lot screening should be accompanied with landscape planting in the form of low shrubs and groundcover to soften the appearance of the wall.

(d)

Landscape overhang.

Automobile bumpers shall not overhang into the ROW buffer. If the parking stalls adjacent to the ROW buffer are 18 feet deep, an additional two feet of landscape area shall be required. The additional two feet of landscape area shall not be included in calculating the required ROW buffer width requirements.

(e)

Additional groundcover.

The applicant is also encouraged to plant a variety of ornamental trees and flowers in addition to the required plantings. Any permeable surface not occupied by trees, shrubs, planting beds. Signs, or other permitted fixtures shall be surrounded with turf or other living groundcover. Gravel, bark mulch, or other similar materials are not acceptable.

(f)

Sight visibility triangles.

Sight visibility triangles shall be maintained at all street, alley or private drive intersections in accordance with the city’s sight triangle guidelines.

Compatibility buffer.

Compatibility buffers shall serve to provide a minor transitional buffer between similar land uses. The minimum width of a compatibility buffer is five feet.

Incompatibility buffer.

An incompatibility buffer shall be required between all incompatible use types or incompatible tracts in a planned development in accordance with the requirements of Table 1, Incompatibility Buffer Standards.

TABLE 11.4-1. INCOMPATIBILITY BUFFER STANDARDS
Buffer Type	Width	Wall/Fencing Type Required	Maximum Tree Spacing
Type 1	10-ft.	Masonry Wall (1)	50-ft. O.C.
Type 2	15-ft.	Masonry Wall	50-ft. O.C.

(1)

Living Screen may be considered as an alternate to a masonry wall for a Type 1 Incompatibility Buffer. The living screen shall be considered in accordance with the alternative landscape plan provisions contained herein.

(a)

Landscape requirements.

An incompatibility buffer shall consist of a continuous, opaque landscape barrier. The landscape barrier shall either be a hedge, fence or a wall. Shrubs and trees required pursuant to other sections of this Code shall be provided in addition to the wall/fencing type requirements shown in Table 1.

(b)

Determining incompatibility buffer type.

The type of incompatibility buffer required shall be the highest buffer type based on the height or use difference between adjacent uses, in accordance with Table 5.4-3, Required Incompatibility Buffer Types-Height and Table 5.4-4, Required Incompatibility Buffer Types-Use. In the case of a conflict, the most restrictive buffer type shall be required.

TABLE 11.4-2 REQUIRED INCOMPATIBILITY BUFFER TYPES-HEIGHT
Building Height Difference Between Adjacent Uses	Required Buffer Type
14-28 feet	Type 1
Greater than 28 feet	Type 2

TABLE 11.4-3 REQUIRED INCOMPATIBILITY BUFFER TYPES-USE
Existing Use Type	Proposed Use Type	Required Buffer Type
Single-Family	Multifamily	Type 1
Residential (All types)	Commercial	Type 1
Residential (All types)	Institutional/Public	Type 1
Residential (All types)	Industrial	Type 2
Residential (All types)	Utility	Type 2

Off-street parking landscaping requirements.

Off-street parking and interior vehicular use areas shall be subject to the following landscaping requirements. Plantings required by this Section’s perimeter buffer landscape requirements shall not be used to satisfy these requirements.

General.

The required percentage of interior parking lot landscaping shall be devoted to living landscaping which includes grass, ground cover, plants, shrubs and trees.

Required percentage of planting area.

There shall be eight square feet of permeable interior landscaping for each parking space. This permeable space shall be grass, shrubs, living groundcovers, trees or a combination of these materials. Gravel, bark mulch or other similar materials are not acceptable.

Exemption.

Areas used for parking or vehicular storage which are under, on, or within buildings are exempt from these standards.

Parking landscape islands.

Interior areas of parking lots shall contain landscape islands located so as to best relieve the expanse of paving. Landscape islands must be located no farther apart than every 12 parking spaces and at the terminus of all rows of parking. Terminal islands shall contain at least one tree. The remainder shall be landscaped with shrubs, turf, ground cover or other appropriate material not to exceed three feet in height. Landscaping islands shall have a minimum size of ten feet by 18 feet measured from inside of curb to inside of curb and shall be separated from vehicular use areas by a six-inch non-mountable curb.

Trees.

A minimum of 75 percent of all trees required in the interior planting area shall be canopy trees. Ornamental Trees substituted at a rate of 2:1, may count as one required tree, not to exceed 25 percent of the total required trees. Where only three or fewer trees are required, those trees shall all be canopy trees. The minimum requirement for canopy trees shall not be less than one tree for every ten parking spaces.

Wheelstops.

Wheelstops shall be installed no closer than two feet from the landscaped area to prevent cars from parking too close to trees or damaging shrubs and screens and to allow routine landscape maintenance.

Parking structures.

Perimeter planters shall be provided along the exterior of parking structures located within 500 feet of a public right-of-way or residential zoning district. Planters shall provide a total of one-half square foot of planting area for each linear foot of facade per parking level. Planting areas may be arranged in linear fashion or clustered at intervals or on levels, and shall be provided with permanent irrigation to permit watering of plant materials. The perimeter planter requirement may be altered if in conflict with the architectural character of the structure, subject to approval of an alternative landscape plan.

Single-family residential development requirements.

Applicability.

The provisions in this section titled, “single family residential development requirements” shall not be applicable to lots zoned R-39 (39,000 square feet) or larger.

Individual lot requirements.

The following landscaping requirements must be met prior to request for final building inspection:

(a)

Planting of at least four shade trees per dwelling unit, of at least three-inch caliper and seven feet tall;

(b)

Mandatory trees shall be a minimum of five feet from all property lines;

(c)

Sodding of entire yard, consisting of front, side and rear; and

(d)

Planting of at least 12 shrubs (five-gallon minimum) in the front yard.

(e)

An automatic irrigation system shall be installed to maintain all required landscaping. All plant material shall be maintained in a healthy and growing condition, and must be replaced with plant material of similar variety and size if damaged, destroyed or removed.

Entryway areas.

A minimum landscape area of 900 square feet shall be located at the intersection corner of residential subdivisions and at the main entrance to the subdivision. This landscape area shall provide a minimum distance of 40 feet from the projected corner of the intersection on both sides. No trees shall be planted in this area.

Masonry wall required.

Unless otherwise approved by the city council, a masonry screening shall be provided along the rear and/or side property lines of residential districts when the area backs up to and/or sides a street which is designated on the city’s thoroughfare plan as a thoroughfare. Screening walls shall be not less than six feet in height and designed in accordance with city requirements. A living screen may be proposed as an alternative landscape plan.

11.5

General landscaping requirements and standards.

The following criteria and standards shall apply to landscape materials and installation.

Quality.

Conformance.

The best professional practices of the American Society of Landscape Architects, the International Society of Arboriculture and the American Nursery and Landscape Association regarding planting, installation, trimming, and fertilization, shall apply to this section. In addition, plant materials used in conformance with the provisions of this chapter shall conform to the standards of the American Standard for Nursery Stock, ANSI Z60.1-2004, or equivalent thereof.

Approved plant list.

Plant materials shall be from the City of Sachse Approved Plant List contained in this section. Plant materials must be suitable for local soil conditions and climate. Specifically, plant materials should have high heat tolerance and lower water consumption, where possible.

Material.

Grass seed, sod and other material shall be clean and reasonably free of weeds and noxious pests and insects.

Species diversification.

Plant material selection for any area of a lot shall provide species diversity so as to minimize impacts from species-specific disease. No more than 25 percent of any tree type (e.g., canopy tree, ornamental tree) shall be of the same species. A minimum of four different species shall be used as canopy trees and a minimum of four different species shall be used as ornamental trees. The various species shall not be grouped in close proximity and should be distributed throughout the lot.

Plant measurements.

Canopy trees.

(a)

Minimum height.

Canopy trees shall have a minimum height of 12 feet at time of installation.

(b)

Minimum caliper size.

Canopy trees shall be a minimum of three-inch caliper as measured 12 inches above ground.

Ornamental trees.

(a)

Minimum height.

Ornamental trees shall have a minimum height of eight feet at time of installation.

(b)

Minimum container size.

Ornamental trees shall be a minimum of 30 gallon container size.

Shrubs.

(a)

Minimum container size.

The minimum container size for shrubs shall be three gallons.

(b)

Minimum height.

Shrubs shall have a minimum height of 24 inches at time of installation and shall obtain a minimum height of 36 inches within two years of planting.

(c)

Minimum spacing.

Shrubs shall be planted at a minimum spacing of three feet on center and capable of achieving a solid visual screen within one year of planting.

Plant Material Substitution.

Due to seasonal planting issues and a lack of plant availability, approved landscape plans may require minor revisions. Revisions to approved plans shall be approved by the director of development services or his/her designee.

Ornamental trees may be substituted for canopy trees at a ratio of two ornamental trees to one canopy tree.

Proximity to overhead utilities.

To minimize conflicts with overhead power lines and overhead utility installations, the applicant may substitute trees with a mature height of 25 feet or less for canopy trees when planting within ten feet from either side of overhead power lines.

Shrub beds.

Beds shall be mulched with a minimum two-inch layer of shredded hardwood or cypress mulch. Irrigation for shrub beds shall be separated from turf areas.

Maintenance.

Every owner and person in control of property shall keep landscaped areas in a well-maintained, safe, clean, and attractive condition at all times. Such maintenance shall include, but is not limited to, the following:

Landscaped areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the landscape.

All plant material shall be maintained in a healthy and growing condition and must be replaced within 30 days with plant material of similar variety and size (size not to be smaller than the minimum required by this section at the time of replacement) if diseased, damaged, destroyed, or removed. If replacement cannot or should not be affected within the 30-day period due to seasonal temperatures, an extension may be approved by the director of development services if requested in writing, stating when such planting is to be accomplished. No planting delay of over 90 days shall occur. When replacement of landscape material conflicts with watering restrictions, such surety for replacement of landscape materials shall be posted in an amount equal to 135 percent of the total cost of the landscaping.

Turf, grass and ground cover shall be mowed, trimmed and edged, and maintained at the proper height.

Proper pruning shall be done.

Watering shall be done on a regular basis, subject to any city drought contingency plan in effect at the time.

Landscape lighting shall be maintained in working order.

Irrigation systems shall be maintained in working order.

Property owners and persons in control shall maintain and keep clean property and areas situated between the property and the paved portion of any street, alley or right-of-way, as well as any abutting waterway.

The property owner shall be responsible for any landscaping, irrigation and maintenance of any right-of-way area between the property line and the curb line. In the case of new development, turf grass/ground cover shall be installed in the right-of-way area between the property line and the curb line and be consistent in material and/or type with the installed turf grass/ground cover on the adjacent property.

Landscaping on or affecting public property.

The city has the authority to plant, preserve, spray, trim, or remove any tree, shrub, or plant on any parkway, alley, or public ground belonging to the city to protect the public health, safety, and general welfare.

It shall be unlawful for any person to cut or break any branch of any tree or shrub or injure in any way the bark of such tree or shrub growing on public property.

The city has the authority to trim or remove, or to order the trimming or removal, of vegetation that conflicts or interferes with the delivery of public services, or that creates a hazard or nuisance to public rights-of-way or easements.

Irrigation.

All landscape areas and open space shall be provided with an adequate, inconspicuous, and complete-coverage automatic irrigation system. All landscaped areas shall be irrigated according to the following standards:

Irrigation systems shall be calibrated and designed to provide the appropriate amount of water that relates to the plant species, and shall not over-water.

All planted areas shall be irrigated.

All irrigation systems shall be equipped with rain and freeze sensors and shall comply with backflow and cross-connection regulations.

Drip or soaker irrigation shall be used in all vegetated areas exclusive of turf grass areas.

No control valve shall be located within an easement for transmission towers.

11.6

Screening standards.

General.

The placement of natural landscape materials (e.g., trees, shrubs, and hedges) is the preferred method for buffering differing land uses, for providing a transition between adjacent properties, and for screening the view of any parking or storage area, refuse collection, utility enclosures, or other service area visible from a public street, alley, or pedestrian area. Plants may be used with fences or berms to achieve the desired screening or buffering effect. Plant material should be mature enough at the time of planting to provide an effective buffer or screen, and should be planted in an appropriate location to allow for desired growth within a reasonable period of time.

When used to screen an activity area such as a parking lot, landscaping shall not obstruct the visibility of motorists or pedestrians or interfere with public safety.

Screening of service and off-street loading spaces.

All service areas and designated off-street loading spaces on a site shall be screened from all public and more restrictive, conforming adjacent uses. Screening shall comply with the following standards:

To the maximum extent feasible, service and off-street loading areas shall not be visible from public streets.

Service and off-street loading areas shall be incorporated into the overall design of the building and landscaping so that visual and acoustic impacts are fully contained and out of view from adjacent properties and public streets.

Service areas shall be concealed by a method of screening comprised of materials at least six feet in height measured from the horizontal plane passing through the nearest point of the off-street loading space or service area. Such screening may be provided by using one of any of the following methods; however, off-street loading spaces located adjacent to residentially zoned property or existing residential uses shall utilize a masonry wall per the requirements in this section.

(a)

Masonry wall pursuant to the standards set forth in this section.

(b)

Living screen in accordance with the standards contained herein.

Dumpster and trash compactor screening.

Dumpsters shall be enclosed on three sides with six-foot masonry walls constructed of the same materials and finishes as the buildings; a solid double metal gate shall be required on the fourth side, and shall be kept closed at all times other than for immediate access. The opening shall not face, or shall be screened from, a public street or access easement.

An eight-foot wall constructed of the same materials and finishes as the buildings shall be provided around compactors.

Screens are not required for dumpsters in nonresidential developments when located in the service area and screened by the buildings, wing wall or screening wall from public view.

Dumpsters are required and shall be identified on a site plan for all developments that require a site plan. The specific screening requirements specified in this section shall be placed on the site plan.

Masonry wall standards.

Design and materials.

A masonry screening wall shall consist of a reinforced wall of the same materials, color, and texture as used on the primary structure on the site, having a minimum height of six feet and a maximum height of eight feet. A graphic detail and schedule of materials shall be shown on the plan. The masonry wall shall be designed and built in accordance with the City of Sachse Standard Construction Details; the designs shall be signed by a structural engineer licensed to practice in the State of Texas.

Engineering requirements.

Plans and specifications for the wall shall be submitted with the civil plans and approved by the city engineer.

Installation of landscaping between wall and alley prohibited.

Where a masonry screening wall erected pursuant to this section abuts an alley, any required landscaping shall be installed between the nonresidential use and the screening wall, rather than between the screening wall and the alley.

Maintenance easement.

A minimum five-foot wall maintenance easement shall be required within residential lots that abut the masonry screening wall. Wall maintenance easements shall be dedicated to or owned, and maintained, by the homeowners’ association.

Conflict with easements.

If the placement of the wall conflicts with an easement, the wall shall not encroach upon the easement, unless otherwise approved by the city engineer.

Additional requirements.

(a)

The wall shall be designed so that water will drain under, through, and away from the wall on all sides. No ponding of water shall be allowed.

(b)

Unless otherwise constrained by topography, curvature, and location of infrastructure, where walls are aligned with residential alleys, the face of the wall or column shall be a minimum of one foot from the property line.

(c)

Masonry wall construction shall be in accordance with City of Sachse Standard Construction Details.

(d)

Slip-form or similar type walls are prohibited.

Living screen standards.

If a living screen is authorized, it shall consist of a berm and plant materials and shall comply with the following standards:

The berm shall have a minimum side slope of four to one and a minimum crown width of one and one-half feet.

The berm shall undulate from one foot to the maximum height not to exceed five feet in height.

Large evergreen-type shrubs shall be selected from the approved planting materials list and planted in accordance with specifications herein. In addition, the plant materials shall:

(a)

Be located in a bed that is of a width suitable for the required plant spacing, but at least five feet wide. The director of development services or his/her designee may require a wider bed width depending on type, species and/or growing habit.

(b)

Be planted in staggered rows over the entire length of the bed unless the director of development services or his/her designee approves an alternative planting density as being capable of providing a solid screen within one year of planting.

(c)

Be a minimum of six feet in height at time of planting and provides the required visual barrier.

A wrought iron fence or similar steel fence having a minimum height of not less than six feet nor more than eight feet in combination with evergreen plant material is required if a living screen is proposed.

11.7

Tree preservation.

There is hereby created and established a tree preservation program to provide a valuable amenity to the urban environment and to establish terms and provisions to apply to real property within the city, as follows.

Definitions.

Terms in this section shall have the following definitions.

Caliper.

Diameter of the trunk of a newly installed tree (planted within the previous year) as measured 12 inches above grade, or the diameter of an existing tree measured at the DBH of four and one-half feet above the ground, measured from the root flare at the base of the tree.

Buildable area.

The actual base area of a building and an area not to exceed six feet around the foundation necessary for construction and grade transitions.

DBH.

Diameter at breast height (DBH), is the tree trunk diameter measured in inches at height of four and one-half feet above ground level.

Tree.

Any self-supporting, woody perennial plant which will attain a trunk diameter of two inches or more when measured at a point four and one-half foot above ground level as measured from the root flare, and which will attain a minimum mature height of 12 feet.

Tree, protected.

A tree as listed in the Protected Tree List, subsection i., Figure 1, that has a diameter of six inches or greater measured at four and one-half foot above ground. For a multi-trunk tree, the diameter shall be the total diameter of the largest trunk plus one-half of the diameter(s) of each additional trunk.

Tree, unprotected.

Any existing tree that is not a protected tree per the definition of “protected tree” in this section.

Enforcement responsibility.

The City Manager of the City of Sachse shall designate a member of the city’s staff who shall have the responsibility for enforcement of the provisions of this article. References herein made to the performance of certain functions by the city shall be deemed references to performance by the city manager’s designee.

Applicability.

This section shall apply to the following properties.

All real property upon which any protected tree is located, excluding developed single-family and two-family residential property.

All vacant and undeveloped real property.

All real property to be subdivided or re-subdivided, including record plats and replats.

The yard areas of all developed property, excluding developed single family and two-family residential property.

All easements and rights-of-way, excluding those included on a record plat and filed in the plat records of the county.

Exceptions.

The following exceptions from the terms and provisions of this section are hereby authorized and granted.

The terms and conditions of this section allow trees located in necessary public rights-of-way and easements to be removed without a tree removal permit and prior to the issuance of a building permit.

In the event that any protected tree shall be determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety, and requires immediate removal without delay, authorization for removal may be given by the parks and recreation director, or designee, and the protected tree may then be removed without obtaining a written permit as herein required.

During the period of an emergency, such as a tornado, storm, flood or other act of God, the requirements of this section may be waived as may be deemed necessary by the city manager.

All licensed plant or tree nurseries shall be exempt from the terms and provisions of this section only in relation to those trees planted and growing on the premises of the licensee, that are so planted and growing for the sale or intended sale to the general public in the ordinary course of the licensee’s business.

Utility companies franchised by the city may remove, cut or prune protected trees that endanger public safety and welfare by interfering with utility service, except that where the trees are on properties developed for single-family or duplex use, disposal of the trees shall be at the option of the property owner(s).

The mowing, clearing and grubbing of brush located within or under the drip lines of protected trees shall be allowed, provided the mowing, clearing or grubbing is accomplished by hand or by mowers. The use of bulldozers, loaders or other construction or earth moving equipment for this purpose shall not be allowed.

For recreational property or uses, such as golf courses, ball fields, etc., of the property shall include that portion of the property necessary for the construction of the recreational improvements, including sufficient adjacent area to allow the normal operation of construction equipment.

Tree mitigation is not required for any tree located within the buildable area of a lot or site as defined herein.

The following species of trees are exempt from the protection and preservation requirements stated within this section except when located in a floodplain or watercourse as defined by the city or other government agency and when these species have a DBH of ten inches or greater.

Species	Common Name
Celtis occidentalis	Hackberry
Populus spp.	Poplar, Cottonwood
Prosopis glandulosa	Mesquite
Gleditsia triacanthos	Honey Locust
Maclura pomifera	Bois d’Arc

Tree management plan required.

Along with the submittal of an application for approval of a detailed development plan, site plan, subdivision plat, clearing and grading plan, erosion control plan or public improvement construction plan, a tree management plan shall be submitted to the development services department and any lot one acre or greater must have a plan submitted by a landscape architect. See subsection i. for tree preservation and mitigation requirements.

The tree management plan shall:

(a)

Show the location, species, and caliper of all protected trees.

(b)

Identify those trees proposed to be removed and those to be protected.

(c)

Show the methods of preservation of the trees to be protected.

(d)

Show the location of proposed building pads, drives, parking, and all easements which will affect existing trees on the site.

(e)

Show the location of all floodplain limits, and general grading limits of cut and fill.

The tree management plan is not required to protect trees that are:

(a)

Injured, dying, diseased or infested with harmful insects;

(b)

In danger of falling, interferes with utility service or creates unsafe vision clearance;

(c)

In any manner creating a hazardous or dangerous condition so as to endanger the public health, welfare or safety.

General requirements related to protected trees.

No person, directly or indirectly, shall cut down, destroy, remove or effectively destroy through damaging, any protected tree on any real property within the city without an approved tree management plan as provided herein.

Under no circumstances shall the clear cutting of protected trees on any real property within the city be allowed prior to the approval of a tree management plan for the property.

Unless otherwise approved by the city, no construction or construction-related activity shall occur under the canopy or drip line of any protected tree or group of protected trees.

No person, directly or indirectly, shall replant, relocate, transfer or move from one location to another any protected tree on any real property within the city without approval from the city.

All protected trees are required to be protected from the harmful effects of nearby construction. In order to insure survival of protected trees during the construction process the following shall be required:

(a)

Prior to construction or land development, the developer shall clearly mark with three-inch wide red ribbon or tape all protected trees within 30 feet of a public right-of-way, public easement or buildable lot area, as included on the applicable approved and filed recorded plat.

(b)

Prior to construction or land development of the subdivision, the developer shall establish designated parking areas for the parking and maintenance of all vehicles, trailers, construction equipment and related items and designated stockpile areas for the storage of construction supplies and materials during construction of the subdivision. The location and dimensions of said designated areas shall be clearly identified on both subdivision construction and site plans and shall be approved by the city prior to construction or land development of the subdivision.

(c)

Designated parking and stockpile areas shall be completely fenced with chain-link fencing and gated for safety purpose and to separate protected trees from the construction area and related construction activity. The designated parking and stockpile areas may be combined into one fenced area provided the preservation of protected trees is not adversely affected or jeopardized.

(d)

Supplies and pipe and other items that are customarily unloaded where installed shall be required to be stored within the designated stockpile areas.

(e)

During construction, the developer shall prohibit the cleaning of equipment or materials and/or the disposal of any waste material, including, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy or drip line of any protected tree or group of protected trees.

(f)

If a foundation, street or alley pavement, utility line, on-site sewerage facility, pool, tennis court, patio, sidewalk, drive or parking lot, as approved by the city, must be constructed within the drip line of a protected tree, it shall be constructed no closer than five feet from the trunk of the protected tree and the canopy of the tree pruned appropriately to balance the effect of damage to the roots.

During construction no attachments or wires of any kind, other than those of a protective nature, shall be attached to any protected tree.

To accommodate grade changes of six inches or greater, a retaining wall or tree well of rock, brick, landscape timbers or other approved materials shall be constructed around the tree no closer than the drip line of the tree. The top of the retaining wall or tree well shall be constructed at the new grade.

Enforcement and penalty.

Enforcement.

(a)

The city manager or his designee shall be authorized to enforce the provisions of this ordinance.

(b)

Each tree removed or transplanted without a permit shall constitute a separate offense.

(c)

Violation of this ordinance shall not constitute an exemption to the replacement requirements of this ordinance. The removal of protected trees shall be mitigated according to requirements contained herein.

Penalty.

(a)

Any person violating a provision of this chapter, upon conviction, is guilty of an offense punishable by a fine not to exceed $500.00 for each incident. Each tree upon which there exists a violation of this chapter or failure to abide by, or comply with, any provision or requirement of this chapter, shall constitute a separate incident and subject the offender to separate penalty.

Tree preservation and mitigation.

Protected trees, as listed below in Figure 1, that are healthy and growing on a site must be preserved or replaced at the rate of one hundred percent of the lost caliper inches.

Figure 1. Protected Tree List
Species	Common Name
Carya illinoinensis	Pecan
Ilex vomitoria	Yaupon Holly
Liquidambar styraciflua	Sweetgum
Magnolia grandiflora	Southern Magnolia
Quercus macrocarpa	Bur Oak
Quercus muehlenbergii	Chinkapin Oak
Quercus shumardii	Shumard Oak
Quercus texana	Texas Red Oak
Quercus virginiana	Live Oak
Taxodium distichum	Bald Cypress
Platanus occidentalis	Sycamore
Quercus spp.	Oaks (all others not listed)
Ulmus americana	American Elm
Ulmus crassifolia	Cedar Elm
Bumelia lunuginosa	Chittamwood
Diospyros virginiana	Common Persimmon
Fraxinus pennsylvanica	Green Ash
Juglans nigra	Black Walnut
Juniperus virginiana	Eastern Red Cedar
Lagerstroemia indica	Crape Myrtle
Prunus Mexicana	Mexican Plum
Sophora affinis	Eve’s Necklace
Pinus spp.	Pines
Pyrus calleryana	Bradford Pear

Existing trees may be used to fulfill the tree planting requirements specified in other city ordinances provided that such trees are in a healthy and growing condition. When existing trees are used to fulfill screening and landscape requirements, existing tree locations shall be accepted, and the formal spacing requirements may be waived.

Required large tree plantings may count towards the mitigation of lost caliper inches. The minimum tree caliper inch specified in the landscape requirements supersedes the minimum replacement tree size, specified in this section.

If, due to the size, shape or topography of the intended site of development a tree mitigation plan for the site of development is unworkable, the City may approve a tree management plan that provides for the mitigation of protected trees through either the planting of replacement trees at an off-site location in private open spaces, or the payment to a city reforestation and tree management fund of an amount equal to 100 percent of the replacement cost.

The city manager shall determine the monetary value of a replacement tree by contacting landscape companies, plant nurseries, or garden centers for the price of a four-inch caliper tree installed, then averaging that cost to determine the mean cost of a four-inch tree; and then dividing by four to determine the mean cost of a one-inch tree installed. The mean cost of a one-inch tree installed is then multiplied by the required number of replacement tree inches proposed for fee payment in lieu of planting. Said formula is represented as follows:

((A+B+C+D)/4)/4* X = Replacement Tree Escrow Fee, where A, B, C, and D represent the installed cost of a four-inch tree from four sources, and where X represents the required number of replacement tree inches.

Waivers.

The city council after conducting a public hearing, shall hear appeals from decisions of the city manager and may approve a tree removal permit and approve a waiver to all or a portion of the requirements to provide for replacement trees for the following:

(a)

A public or recreational use or structure but not including rights-of-way or easements.

(b)

A private use that usually requires large areas of open space (impervious surface).

(c)

Development of heavily forested sites where the strict compliance of the requirements of this chapter, as amended, will unreasonably burden the use of the property.

Tree care.

There is hereby created and established a tree care program to provide full power and authority over the care of all trees, plants and shrubs located within public rights-of-ways, parks and public places and aids in the proper growth of a landscape program to enhance the beauty of the city.

Care of public trees.

The city manager shall have the responsibility, to plant, prune, maintain and remove trees, plants and shrubs within the public right-of-way of all streets, alleys, avenues, lanes, squares, parks, and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. This shall include the removal of trees that may threaten electrical, telephone, gas, or any municipal water or sewer line, or any tree that is affected by fungus, insect, or other pest disease.

Every owner of any tree or shrub overhanging any street or right-of-way within the city shall, in accordance to the city pruning guidelines, prune the branches so that such branches shall not [severely] obstruct the light from any street lamp or obstruct the view of any street intersection; will not obstruct the passage of pedestrians on sidewalks; will not obstruct vision of traffic signs; and will not obstruct the view of any street or alley intersection. If the property owner fails to do so, the parks and recreation director and/or his or her designee shall give ten days’ notice to the property owners to take action, otherwise the city shall have the right to remove or prune any tree or shrub on private property which threatens the safety of those who may use a city street or city park. A fee shall be assessed for this service on an hourly basis. Fees will be based on the current hourly wages of city maintenance workers.

It shall be unlawful for any person, firm or corporation to attach any cable, wire, rope sign or any object to any city tree, plant or shrub without written permission from the city manager.

Tree preservation board.

Board membership.

The tree preservation board shall consist of the members of the parks and recreation commission.

Term of office.

The board shall elect its own officers and each officer shall serve for a term of two years or until a successor is appointed.

Meetings.

The board shall meet a minimum of four times each year. All stated meetings shall be open to the public. The board chairman may schedule additional meetings as needed.

Officers.

The board shall annually select one of the members to serve as chair, and may appoint a second member to serve as vice-chair, and may appoint a third member to serve as secretary.

Duties.

The duties of the tree preservation board shall include:

(a)

To review the tree management plan, tree preservation and mitigation guidelines, and the tree care program as may be necessary.

(b)

To promote the protection of healthy trees and provide guidelines for the replacement and/or replanting of trees necessarily removed during construction, development, and redevelopment.

(c)

To uphold rules and regulations governing the protection and preservation of native or established trees within the city, which provide for purification of air and water, provide for shade, windbreaks and the cooling of air, provide for open space and more efficient drainage of land, thus reducing the effects on soil erosion.

(d)

To study, investigate, counsel and develop and/or update periodically a written plan for the care, preservation, pruning, planting, replanting, removal or disposal of public trees and shrubs on city property.

(e)

To review and recommend specific beautification projects and public awareness programs to the parks and recreation department, city manager and/or city council as may be appropriate.

(f)

Coordinating and promoting Arbor Day activities.

(g)

Submitting the annual application to renew the tree city USA designation; and

(h)

Other duties that may be assigned by the city council.

11.8

Alternative landscape plan.

Purpose and intent.

An Alternative Landscape Plan (ALP) is intended to promote the preservation and incorporation of existing native vegetation or specimen trees, or for the innovative use of plant material and improved site design.

Applicability.

Any landscape plan application may be eligible to apply for an ALP.

Design principles.

To qualify for consideration an application for an ALP shall demonstrate compliance with the following principles.

(a)

Innovative use of plant materials and design techniques in response to unique characteristics of the specific site.

(b)

Preservation and/or incorporation of existing native vegetation.

(c)

Use of a variety of plant material in excess of minimum requirements.

(d)

Incorporation of naturalistic design principles, such as variations in topography, meandering or curvilinear plantings, and grouping of dominant plant materials in a manner consistent with existing native vegetation.

(e)

Integration of landscaping with on-site pedestrian facilities as well as potential connections to existing or proposed adjacent pedestrian facilities.

(f)

Use of additional shade trees to create a greater canopy effect.

(g)

A greater degree of compatibility with surrounding uses than a standard landscape plan would offer, provided the resulting landscape conforms to the design principles and guidelines of this section.

(h)

Use of water-efficient irrigation systems and xeriscaping at appropriate locations.

(i)

Incorporation of specific environmental attributes such as soil, hydrology, and vegetative communities unique to the site, and which are compatible with environmental features on-site and on adjacent properties.

Allowable modifications to standards.

The standards that can be modified through the use of an ALP are listed below. Any standard not listed herein shall not be eligible to be modified through an ALP.

(a)

Perimeter buffer landscape requirements; trees and shrubs.

(b)

Perimeter buffer landscape requirements, ROW buffer width.

(c)

Perimeter buffer landscape requirements, compatibility buffer standards.

(d)

Perimeter buffer landscape requirements, incompatibility buffer standards.

(e)

Single-family residential development requirements, entryway areas.

(f)

Single-family residential development requirements, masonry wall requirements.

(g)

Dumpster and trash compactor screening.

Application requirements.

An application for an ALP shall be in a form established by the director of development services or his/her designee and shall include a narrative and any necessary supporting documentation that clearly details and demonstrates compliance with this section.

Approval.

ALPs must be submitted in conjunction with a landscape plan application subject to the following requirements.

Required findings.

An ALP shall only be approved upon finding that:

(a)

There are unique characteristics of the property, site design or use that warrant special consideration to modify or deviate from the requirements of this section and that these characteristics are not self-created.

(b)

The ALP meets or exceeds the minimum requirements of this section, while recognizing the unusual site design or use restraints on the property.

(c)

Approval of the ALP will provide for both increased consistency and compatibility with adjacent projects located in the general vicinity of the property.

(d)

The ALP conforms to the requirements of this section and no modifications are requested except those explicitly provided for in this Section.

Approval process.

Application for an ALP shall be reviewed in accordance with the approval process set forth in this Code.

Appeals.

If an application for an ALP is denied by the planning and zoning commission, the applicant may appeal the decision to the city council. An appeal shall be filed in writing with the director of planning not more than 20 days after the rendering of the decision or action taken by the planning and zoning commission. The city council shall vote by simple majority vote of those members present at the meeting to either approve or deny the appeal, which decision shall be final and binding.

11.9

Approved plant list.

The following is a list of plants and trees recommended for required landscape areas. Plants and trees marked with an asterisk require lower water needs.

TABLE 11.9-1 GRASSES (TURF)
Common Name	Botanical Name
Bermuda Grass	Cynodon dactylon
Big Blue Stem	Andropogon gerardii
Blue gamma*	Bouteloua gracilis
Buffalo Grass*	Buchloe dactyloides
Eastern gamma grass	Tripsacum dactyloides
Green, Sprangletop	Leptochloa dubia
Indian Grass	Sorghastrum nutans
Little Blue Stem	Schizachyrium scoparium
Muhly Deer	Muhlenbergia lindheimer
Muhly Seep	Muhlenbergia reverchonii
Prairie Dropseed	Sporobolus heterolepis
Prairie Wild Rye	Elymus canadensis
St. Augustine	Stenotaphrum secundatum
Zoysia Grass	Zoysia sp.

TABLE 11.9-2 GRASSES (ORNAMENTAL)
Common Name	Botanical Name
Big Bluestem*	Andropogon geradii
Muhly Grass*	Muehlenbergia lindheimeri
Pampas Grass*	Cortaderia selloana
Sideoats gramma*	Boutelowa curtipendula
Silver Bluestem*	B. laguroides
Spithead Bluestem*	Andropogon ternarius
Switchgrass*	Panicum virgatum

TABLE 11.9-3 GROUNDCOVERS
Common Name	Botanical Name
Ajuga	Ajuga reptans
Asiatic Jasmine	Trachelospermum asiaticum
Avens White*	Geum Canadense
English Ivy	Hedera helix
Frog fruit*	Phyla nodiflora
Horseherb*	Calyptocarpus vialis
Liriope	Liriope muscari
Monkey Grass*	Ophiopogon japonicus
Mountain Pea*	Leguminosae
Pigeonberry*	Rivina humilis
Santolina*	Santolina sp.
Snake Herb*	Dyschoriste linearis
Trailing Juniper*	Juniperus sp.
Vinca	Vinca major
Water Clover	Marsilea macropoda
Wintercreeper Euonymous	Euonymous fortunei
Wood Violet*	Viola sp.
Woody Stemodia	Stemodia lanata

TABLE 11.9-4 VINES
Common Name	Botanical Name
Alerian Ivy	Hedera canariensis
Boston Ivy	Parthenocissus tricuspidata
Carolina Jessamine	Gelsemium sempervirens
Clematis	Clematis sp.
Confederate Jasmine	Trachelospermum jasminoides
Coral Honeysuckle	Lonicera sempervirens
Coralvine*	Antigonon leptopus
Crossvine	Bignonia capreolata
English Ivy	Hedera helix
Fig Ivy	Ficus pumila (repens)
Ground Ivy*	Glechoma hederacea
Lady Banksia Rose*	Rosa banksia
Silverlace Vine	Polygonum aubertii
Trumpet vine	Campsis radicans
Virginia Creeper	Parthenocissus
Wisteria*	Wisteria sp.

TABLE 11.9-5 DWARF SHRUBS (1 to 3 feet)
Common Name	Botanical Name
Coral Berry*	Symphoricarpos orbiculatus
Dwarf Burford Holly*	Ilex cornuta rotunda burfordii
Dwarf Chinese Holly*	Ilex cornuta rotunda
Dwarf Pittosporum*	Pittosporum tobira wheeleri
Dwarf Yaupon Holly*	Ilex vomitoria nana
Nandina: Harbour Dwarf, Gulf Stream, nana*	Nandina sp.
Red Yucca*	Hesperaloe parvifolia
Rosemary	Rosmarinus officinalis
Sacahuista	Nolina texana
Yucca	Yucca sp.

TABLE 11.9-6 SMALL SHRUBS (3 to 5 feet)
Common Name	Botanical Name
American Beautyberry	Callicarpa americana
Aromatic Sumac*	Rhus aromatica
Black Dalea	Dalea frutescens
Bridal Wreath Spirea	Spirea cantoniensis
China Rose	Rosa chinensis
Damianita	Compositae chrysactinia mexicana
Desert Spoon	Dasylirion wheeleri
Drawf Burning Bush*	Euonymus alata ‘Compacta’
Dwarf Burford Holly*	Ilex cornuta rotunda burfordii
Dwarf Yaupon Holly*	Ilex vomitoria ‘Nana’
Edward Goucher Abelia	Abelia goucher
Flame Anisacanthus	Anisacanthus q. wrightii
Flowering Quince	Chaenomeles japonica
Glossy Abelia	Abelia grandiflora
Grayleaf Cotoneaster	Cotoneaster glaucophylla
Indian hawthorne	Raphiolepsis indica
Japanese Boxwood*	Buxus japonica
Juniper*	Juniperus sp.
Knockout Rose	Rosa ‘Radcon’
Leatherleaf mahonia*	Mahonia bealeii
Miniature Crepe Myrtle*	Lagerstroemia indica
Nandina compact*	Nandina domestica compacta
Nolina, Lindheimer*	Nolina lindheimeri
Nolina, Texas*	Nolina texana
Red Barberry*	Berberis thunbergii atropurpurea
Skeleton-Leaf Goldeneye*	Viguiera stenoloba

TABLE 11.9-7 MEDIUM SHRUBS (6 to 9 feet)
Common Name	Botanical Name
Agarita*	Mahonia trifoliata
Althea	Hibiscus syriacus
American Beautyberry*	Callicarpa americana
Apache Plum	Fallugia paradoxa
Aromatic Sumac*	Rhus aromatica
Bridal Wreath Spirea*	Spiraea spp.
Burford Holly*	Ilex cornuta burfordii
Chinese Horned Holly	Ilex cornuta
Dwarf Burning Bush*	Euonymus alata ‘Compacta’
Dwarf Crepe Myrtle*	Lagerstroemia indica
Dwarf Wax Myrtle*	Myrica pusilla
Eleagnus	Eleagnus fruitlandi
Forsythia	Forsythia intermedia spectabilis
Fraser Photinia	Photinia x fraseri
Glossy Abelia	Abelia grandiflora
Green Pittosporum	Pittosporum tobira
Indian Hawthorne	Raphiolepsis indica
Italian Jasmine	Jasminum humile
Juniper*	Juniperus sp.
Nandina*	Nandina domestica
Pomegranate*	Punica granatum
Smooth Sumac*	Rhus glabra
Texas Sage*	Leucophyllum sp.
Variegated Pittosporum*	Pittosporum tobira variegata
Winter Honeysuckle	Lonicera fragrantissima

TABLE 11.9-8 ORNAMENTAL TREES (10 to 35 feet)
Common Name	Botanical Name
American Holly*	Ilex opaca
American Smoke Tree	Cotinus obovatus
Aristocrat Pear	Pyrus calleryana ‘Aristocrat’
Arizona Cypress	Cupressus arizonica
Birds of Paradise*	Caesalpinia gilliesii
Buckeye, Mexican*	Ungnadia speciosa
Buckeye, Red*	Aesculus pavia
Buckeye, Texas*	Aesculus arguta
Carolina Buckthorn*	Rhamnus caroliniana
Cherry Laurel	Prunus caroliniana
Chinese Photinia	Photinia serrulata
Chinese Pistache	Pistacia chinensis
Crape Myrtle	Lagerstroemia indica
Desert Willow*	Chilopsis linearis
Eastern Red Cedar	Juniperus virginiana
Eve’s Necklace	Sophora affinis
Flameleaf Sumac	Rhus lanceolata
Goldenball Lead Tree	Leucaena retusa
Goldenrain tree	Koelreuteria paniculata
Hawthorne*	Crataegus spp.
Hollywood Juniper*	Juniperus chinensis ‘Torulosa’
Japanese Black Pine	Pinus thunbergi
Japanese Persimmon*	Diospyros kaki
Juniper, Blue Point*	Juniperus chinensis ‘Blue Point’
Juniper, Wichita Blue*	Juniperus scopulorum ‘Wichita’
Magnolia ‘little gem’	Magnolia ‘Little Gem’
Maple, shantung	Acer trucatum
Mexican Plum*	Prunus mexicana
Panicled Golden Raintree	Koelreuteria paniculata
Pomegranate*	Punica granatum
Possumhaw*	Ilex decidua
Redbud*	Cercis sp.
Russian Olive*	Eleagnus angustifolia
Rusty Blackhaw	Viburnum rufidulum
Savannah Holly	Ilex x attenuata ‘Savannah’
Texas Persimmon	Diospyros texana
Texas Pistache	Pistacia texana
Vitex*	Vitex agnus-castus
Wax myrtle	Myrica cerifera
Yaupon Holly*	Ilex vomitoria

TABLE 11.9-9 CANOPY TREES (above 35 feet)
Common Name	Botanical Name
American Elm*	Ulmus americana
Arizona Cypress*	Cupressus arizonica
Bald Cypress	Taxodium distichum
Bigelow Oak*	Quercus sinuata var. breviloba
Black Locust	Robinia pseudoacacia
Bur Oak*	Quercus macrocarpa
Caddo Maple*	Acer saccharum var.caddo
Cedar Elm*	Ulmus crassifolia
Chinquapin Oak	Quercus muhlenbergii
Deodar Cedar	Cedrus deodora
Durrand Oak*	Quercus sinuata var. sinuata
Lace Bark Elm	Ulmus parvifolia
Lacey Oak*	Quercus glaucoides
Live Oak	Quercus virginiana
Magnolia, Southern	Magnolia grandiflora
Maple, Bigtooth	Acer saccharum ‘Caddo’
Pecan	Carya illinoensis
Persimmon, common	Diospyros virginiana
Pine, Afghan, Mondell or Eldarica*	Pinus eldarica
Pistachio, chinese	Pistacia chinensis
Shumard Red Oak*	Quercus shumardii
Texas Ash*	Fraxinus texensis
Texas Red Oak*	Quercus texana
Thornless Honey Locust*	Gleditsia triacanthos
Western Soapberry*	Sapindus drummondii

(Ordinance 3552, sec. 2, adopted 12/2/13; Ordinance 3947, sec. 2, adopted 10/7/19)

§ 12 Accessory structures.

12.1

General requirements.

The following standards shall apply to all zoning districts.

(a)

An accessory building or structure is a subordinate building/structure, the use of which is secondary to and supportive of the main building or primary use. Accessory buildings or structures shall not be permitted without a main building or primary use in existence.

(b)

No accessory structure shall be used as a dwelling, unless otherwise allowed by the base zoning district.

(c)

No accessory structure shall be constructed upon a lot until the construction of the primary building has commenced, and no accessory structure shall be used unless the primary building on the lot is also being used.

(d)

No accessory structure shall be permitted to have a building footprint in excess of the building footprint for the primary structure, except for accessory structures located on lots that are one acre in area or greater, which can also exceed the height of the primary structure.

12.2

Residential requirements.

The following standards shall apply to all single-family residential zoning districts.

(a)

All accessory structures over 120 square feet in size require a building permit. Permanent and/or engineered foundations may be required for accessory structures, per the adopted international codes.

(b)

Accessory structures shall be located behind the front building line with a minimum side yard and rear yard setback of three feet. For accessory structures located on corner lots there shall be a side yard setback from the intersecting street of not less than 15 feet in case such lot is back to back with another corner lot and shall conform to front yard requirements in every other case. The interior side yard of a corner lot shall be the same as for dwellings and accessory structures on an interior lot.

(c)

When an accessory structure is greater than 400 square feet, that building shall be required to adhere to the setback requirements for a primary structure in the underlying zoning district.

(d)

All accessory structures of 120 square feet or less shall be exempt from the exterior material and permitting requirements; however, all setbacks must be met, and the building must be located behind the front building line.

(e)

An accessory structure of between 120 square feet and 400 square feet, and which is an enclosed structure, shall have exterior walls constructed of building materials other than metal that are weather resistant, including the roof; provided, however, that if the primary structure on the lot has a metal roof, the accessory structure may also have a metal roof of a similar type.

(f)

The exterior walls and roof of an accessory structure over 400 square feet in size and which is enclosed shall be constructed of building materials that match the exterior building material(s) of the primary structure.

(g)

An accessory structure on a lot that is one acre in area or greater may utilize metal, wood, or cementitious fiber board for its exterior material and roof. All such structures shall meet the setbacks that apply to the primary structure.

(h)

Any metal walls or roofing for accessory buildings shall not be less than 26 gauge, roll-formed ribbed or standing seam sheeting containing a factory-applied non-reflective finish with a manufacturer’s warranty of not less than 20 years for the structure and finish and should have “baked-in” or integral color finishes as opposed to paint. Corrugated “barn tin” is prohibited. Alternative materials may be used for legitimate agricultural facilities.

(i)

The number and size of accessory structures permitted on residential lots shall be regulated by the maximum lot coverage permitted in the zoning district, or 35 percent when not specified.

(j)

Carports are allowed behind the front building line of the primary building and shall not exceed 500 square feet in area.

(k)

When an accessory structure is higher than 15 feet, that building shall be required to adhere to the setback requirements for a primary structure in the underlying zoning district. At no point shall the height of the accessory structure exceed the primary structure or allowed height of the underlying zoning district, whichever is less.

12.3

Commercial requirements.

The following standards shall apply to all non-residential, commercial, office, retail, industrial, and multi-family zoning districts and uses.

(a)

Accessory buildings and structures are considered commercial buildings and shall obtain all necessary permits and inspections and abide by all applicable codes and masonry regulations. Modular storage units, portable on demand storage containers, donation bins, and drop off bins/trailers are considered accessory structures and require permits.

(b)

Accessory structures with pervious roofs, such as decorative pergolas or arbors, may be constructed with fire-treated and rot-resistant wooden material. An open air pavilion shall encase its columns in masonry that matches the primary building.

(c)

Accessory structures shall not conflict with site features such as fire lanes, landscape buffers, required parking, or other identified features deemed pertinent during the permit review process.

12.4

Accessory dwelling units.

Whether located on the ground as a free standing structure or erected over a private garage or within another structure, the following regulations apply.

(a)

An accessory dwelling unit may not be sold separate from the sale of the entire property, including the primary dwelling unit, and shall be located on the same lot as the primary structure.

(b)

An accessory dwelling unit must have a permanent foundation and cannot be mobile or have a chassis.

(c)

Utility services shall be metered by the same meter as those serving the main structure on the premises.

(d)

Shall abide by the same setback, height, and architectural regulations as the primary structure. An accessory dwelling unit shall not exceed 1,200 square feet in area, excluding any associated garage or unconditioned space.

(e)

Unless otherwise allowed by the base zoning district, only lots of one-half acre or greater in area may have an accessory dwelling unit, and only one accessory dwelling unit is allowed per lot.

(Ordinance 3573, sec. 1, adopted 3/17/14; Ordinance 3623, sec. 1, adopted 10/20/14; Ordinance 3876, sec. 2, adopted 7/16/18)