33.1
PURPOSE:
To secure safety from fire, panic, and other dangers; to lessen
congestion on public streets; to facilitate the adequate provision
of transportation; to conserve the value of buildings; and to encourage
the most appropriate use of land. Minimum off-street parking and loading
shall be provided as set forth in the following schedules and provisions.
33.2
RESIDENTIAL
DISTRICTS – SPECIAL OFF-STREET PARKING PROVISIONS:
A.
Approved connection
Concrete pavers
Driveway
Front yard
Improved parking surface
Limited parking surface
Runners
Notice
a.
b.
c.
Definitions.
The following definitions shall
apply as used in this Section:
shall mean the driving surface located between a residential
structure's driveway, alley or street and an improved or limited parking
surface.
shall mean interlocking concrete paving stones at least
two inches (2") thick on a base consisting of a layer of bedding sand
over a minimum four inches (4") of compacted crushed stone, cement
treated base, or soil cement base. The space in between concrete pavers
shall be free of grass.
shall mean an improved or limited parking surface which
provides egress and ingress between a residential structure and an
adjacent street or alley and which is connected to a street or alley
by a driveway approach.
shall mean that portion of a residential lot between the
street and the residential structure face of a single-family, duplex,
triplex, or four plex structures.
shall mean:
shall mean:
shall mean a parking surface consisting of reinforced concrete,
concrete pavers or limited parking surface located only under the
wheels of a vehicle and an unimproved area under the body of the vehicle.
has been given when written notification of a violation,
in a form specified by the City:
Is delivered in person to an owner, occupant, or person in charge
of the property;
Is affixed to the front door of the property; or
Two (2) days after the written notification is deposited with
the U.S. Postal Service, addressed to the owner, occupant, or person
in charge of the property, with proper postage affixed.
B.
Required
off-street parking shall be provided on the same site as the use it
is to serve.
C.
All driveways
and approaches to parking spaces shall be similarly paved, except
in the A district.
D.
No required
parking space, garage, carport, or other automobile storage space
shall be used for the storage of any heavy load vehicle (see definitions
for heavy load vehicle).
E.
A minimum
of two (2) off-street parking spaces shall be provided for all single-family
and duplex dwelling units on the same lot as the main structure.
F.
Parking
on unimproved surfaces prohibited.
2.
Based
on the evidence of damage to the soil structure or existing vegetation
due to the traversing of vehicles to and from a limited or improved
parking surface, the City may require the installation of an approved
connection as necessary to mitigate standing water and vector harborage.
G.
Excessive
driveway prohibited.
1.
A person
commits an offense if, within a residential district the person causes,
suffers, permits or allows a driveway to cover more than thirty-five
percent (35%) of a front or rear yard. A limited or improved surface
constitutes a driveway for purposes of determining the coverage under
this section unless the surface is physically detached from any point
of egress or ingress to an adjacent street or alley and is permanently
incapable of providing a parking space for a vehicle.
2.
It
is an affirmative defense to prosecution under this subsection that:
a.
A
driveway is a circular drive connecting to a street or alley by at
least two (2) driveway approaches, and covers no more than thirty-five
percent (35%) of the yard; or
b.
A
driveway is within a residential front yard and parking is prohibited
or restricted by ordinance on that portion of the street abutting
the yard, and the driveway covers no more than thirty-five percent
(35%) of the yard.
H.
Abatement
and appeal.
1.
In
the event that is the City determines that a motor vehicle or trailer
is parked on any surface in violation of the provisions of this section,
the owner, occupant, or person in charge of the property shall correct
the violation:
2.
In
the event that it is determined that a violation of the provisions
of this section exist on a property, the owner, occupant, or person
in charge of the property may appeal such determination to the City
by filing a request in writing for a hearing with the City within
thirty (30) days after notice is first given. Pending on an appeal
does not excuse correction of the violation as required in subsection
(G)(1) above.
I.
Jurisdiction
on appeal.
In the event of an appeal, the order of the
City shall be reviewed by the Zoning Board of Adjustment (ZBA). In
reviewing such order, the ZBA has jurisdiction to:
1.
Uphold
the determination of the City;
2.
Approve
alternative paving materials where such materials are demonstrated
to meet or exceed the requirements of this section; or
3.
Grant
a variance, to a requirement under this section where it is determined
that, due to peculiarities of the property, such as shape or restricted
area, literal enforcement of this section would result in an unnecessary
hardship.
J.
Permit
required.
A permit shall be required to construct any
parking surface improvement. Application for a permit to improve parking
surface shall be made to the Building Inspection Department on a form
acceptable to the City.
33.3
NONRESIDENTIAL
AND MF DISTRICTS – SPECIAL OFF-STREET PARKING PROVISIONS:
A.
To prevent
nuisance situations, all parking area lighting shall be designed and
operated so as not to reflect or shine on adjacent properties and
in accordance with the standards established in Section 39.
B.
For safety
and fire-fighting purposes, free access through to adjacent nonresidential
parking areas shall be provided in accordance with Section 33.9 (Fire
Lanes).
C.
All off-street
parking, maneuvering, loading and vehicle storage areas shall be paved
with an all-weather surface (i.e., no parking shall be permitted on
grass, within landscaped areas, on gravel, or on other unimproved
surfaces), which shall be concrete and shall be constructed to standards
established by the City Engineer. All maneuvering areas for parking
and loading shall be on site (i.e., shall not occur within public
right-of-way or on adjacent property without a platted/recorded access
easement granting such access on adjacent property).
Parking spaces shall be permanently and clearly identified by
stripes, buttons, tiles, curbs, barriers, or other approved methods.
Nonpermanent type marking, such as paint, shall be regularly maintained
to ensure continuous clear identification of the space.
D.
Each
standard off-street surface parking space size shall be in accordance
with the design standards as shown on Illustration 10 for space size
and design. Specific parking space sizes, exclusive of aisles, driveways
and maneuvering areas shall be in accordance with the following minimum
sizes:
1.
Standard:
Nine feet (9') by twenty feet (20'); the paved depth of parking spaces
may be reduced to eighteen feet (18') if a clear, unobstructed two-foot
(2') bumper overhang (i.e., over landscaped area or over a minimum
6-foot wide sidewalk area) is provided in addition to the 18-foot
paved parking space.
2.
Parallel:
Eight feet (8') by twenty-two feet (22')
E.
All parking
and loading spaces, and vehicle sales areas on private property shall
have a vehicle stopping device (e.g., curb, wheel stop, etc.) installed
so as to prevent parking of motor vehicles in any required landscaped
areas, to prevent vehicles from hitting buildings, to protect public
and/or private utility structures/facilities, and to prevent parked
vehicles from overhanging a public right-of-way line, public sidewalk,
or adjacent private property. An extra-wide sidewalk on private property
may be permitted so as to allow encroachment of vehicle overhang while
maintaining an unobstructed four-foot (4') minimum sidewalk width.
The requirement shall apply only where spaces are adjacent to the
walks, right-of-way, and required landscaping. Parking shall not be
permitted to encroach upon the public right-of-way in any case. For
new construction only, all vehicle maneuvering shall take place on
site. 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.
F.
In all
nonresidential and multifamily zoning districts, the perimeter of
all parking lots and driveways shall be provided with concrete curbs
or other means to control traffic.
G.
Refuse
storage containers (i.e., dumpsters) placed in a parking lot shall
not be located in a designated parking or loading space. Each refuse
container shall be located so as to facilitate pickup by refuse collection
agencies with the general flow of on-site vehicular traffic and with
minimal backing movements. Access and approaches to a refuse container
shall be entirely on the lot it serves, and shall not be from adjacent
property unless an irrevocable, platted/recorded access easement is
secured granting use of adjacent property for such purpose.
H.
Handicap
parking space(s) shall be provided according to building codes, State
laws, and requirements of the Americans with Disabilities Act (ADA).
I.
In all
nonresidential and multifamily zoning categories, designated parking
and loading areas shall not be used for the repair, storage, dismantling
or servicing (except for normal maintenance of a private vehicle)
of vehicles or equipment, or for the storage of materials or supplies,
or for any other use in conflict with the designated parking and loading
areas (i.e., advertising or open storage of raw materials).
J.
To ensure
that all requirements set forth in this Section are carried forward,
it will be the responsibility of the owner of the parking area to
adequately maintain the facility. All off-street parking areas shall
be kept free of trash, debris, vehicle repair operation or display
and advertising uses. At no time after initial approval of the parking
area layout can changes be made in the location and number of provided
spaces without approval of the City Administrator, or his/her designee.
K.
Off-street
stacking requirements for drive-through facilities:
1.
A stacking
space shall be an area on a site measuring nine feet (9') by twenty
feet (20') with direct forward access to a service window or station
of a drive-through facility which does not constitute space for any
other circulation driveway, parking space, or maneuvering area. An
escape lane, of at least nine feet (9') in width and with negotiable
geometric design, must be provided to allow vehicles to get out of
the stacking lane in the event of a stalled vehicle, emergency, accidental
entry, etc. In computing the number of stacking spaces for a particular
use and where fractional spaces result, the stacking spaces required
shall be construed to be the next higher whole number (i.e., “rounded
up”).
2.
For
each service window of a drive-through restaurant, a minimum of six
(6) spaces shall be provided for the first vehicle stop (usually the
menu/order board), and two (2) spaces shall be provided for each additional
vehicle stop (order/pick-up windows, etc.). One escape lane shall
be provided from the beginning of the stacking lane to the first stop
(e.g., menu/order board).
3.
For
retail operations (other than restaurants, banks, etc.) and kiosks
that provide drive-up service (e.g., pharmacy, dry cleaners, etc.),
a minimum of three (3) stacking spaces for each service window shall
be provided.
4.
For
a full-service carwash, each vacuum or gas pump lane shall be provided
with a minimum of three (3) stacking spaces. For the finish/drying
area, adequate vehicle stacking and storage space must be provided
to keep finished vehicles out of circulation aisles, access easements,
fire lanes, streets, etc.
5.
For
each automated self-service (drive-through/rollover) carwash bay,
a minimum of two (2) stacking spaces, in addition to the wash bay
itself, shall be provided. One stacking space shall be provided at
the exit end of each wash bay for window-drying and other detailing.
6.
For
each wand-type self-service (open) carwash bay, a minimum of two (2)
stacking spaces, in addition to the wash bay itself, shall be provided.
One stacking space shall be provided at the exit end of each wash
bay for window-drying and other detailing, unless a separate area/shade
structure is provided (outside of circulation aisles) for these activities.
7.
For
automobile quick-lube type facilities, a minimum of two (2) stacking
spaces shall be provided for each service bay in addition to the service
bay(s) itself.
8.
For
financial institutions with drive-through facilities, each teller
window or station, human or mechanical, shall be provided with a minimum
of four (4) stacking spaces. One escape lane shall be provided.
9.
Kindergartens,
elementary schools, day care facilities, and similar types of facilities
shall provide pick-up/drop-off areas that are not located in main
traffic circulation aisles or in fire lanes. Stacking requirements
for such facilities shall be a minimum of three (3) stacking spaces,
plus one (1) stacking space for each ten (10) students/children (based
upon the maximum occupancy/enrollment of the facility) over thirty
(30) students/children.
33.4
PARKING
ACCESS FROM A PUBLIC STREET – ALL DISTRICTS:
A.
In the
approval of a detailed Site Plan, design consideration shall be given
to providing entrance/exit drives which extend into the site to provide
adequate queuing of vehicles on the site.
B.
In all
districts (except single-family and duplex zoning districts) building
plans shall provide for entrance/exit drive(s) appropriately designed
and located to minimize traffic congestion or conflict within the
site and with adjoining public streets as approved by the City Administrator,
or his/her designee.
1.
Based
upon a traffic impact analysis (if such is required by the City),
if projected volumes of traffic entering or leaving a development
are likely to interfere with the projected peak traffic flow volumes
on adjoining streets, additional right-of-way and paving in the form
of a deceleration lane or turn lane may be required of a developer
in order to reduce such interference.
2.
The
determination of additional right-of-way or paving requirements shall
be made at the time the final site plan is submitted for approval.
C.
Vehicular
access to nonresidential uses shall not be permitted from alleys serving
residential areas, and shall not be configured as “head-in”
parking spaces which are accessed directly from the street.
D.
Parking
space configuration, location, arrangement, size and circulation in
all districts shall be constructed according to Illustration 10.
33.5
PARKING
REQUIREMENTS BASED UPON USE:
A.
In all
districts, there shall be provided at the time any building or structure
is erected or structurally altered, or change of use, off-street parking
spaces in accordance with the following requirements:
1.
Automobile
parts sales (indoors):
One (1) space per two hundred
(200) square feet of indoor floor area
2.
Automobile
sales or service:
See Motor-Vehicle Sales
3.
Bank,
savings and loan, or similar institution:
One (1) space per two hundred and fifty (250) square feet of gross floor area in addition to required stacking spaces (see Subsection 33.3 K.)
4.
Bed
and breakfast facility:
One (1) space per guest room
in addition to the requirements for a normal residential use
5.
Bowling
alley or center:
Six (6) parking spaces for each alley
or lane
6.
Bus
or truck repair, storage area, or garage:
One (1) space
for each five hundred (500) square feet of floor area and repair garage
with a minimum of five (5) spaces. For buildings over 5,000 square
feet in size, one 10' x 60' truck parking space shall also be required
for each 500 square feet of building area over 5,000 square feet.
7.
Business
or professional office (general):
Five (5) spaces, or
one (1) space per three hundred (300) square feet of gross floor area
(except as otherwise specified herein), whichever is greater
8.
Carwash
(self-serve):
One (1) space per washing bay or stall in addition to the washing areas/stalls themselves and required stacking spaces; Carwash (full service): One (1) space per one hundred fifty (150) square feet of floor area in addition to the required stacking spaces (also see Subsection 33.3 K.)
9.
Church,
rectory, or other place of worship:
One (1) parking space
for each three (3) seats in the main auditorium/sanctuary (see Subsection
33.6(B))
10.
College or university:
One (1) space per three (3) day
students (based upon maximum occupancy and/or enrollment numbers)
11.
Commercial amusement (indoor):
One (1) space per one-hundred
(100) square feet of gross floor area, or as follows:
a.
Racquetball or handball courts -
Three (3) spaces for
each court
b.
Indoor tennis courts -
Six (6) spaces for each court
c.
Gymnasium, skating rinks, and martial arts schools -
One (1) space for each three (3) seats at a maximum seating capacity
(based upon maximum occupancy), plus one (1) space for each two hundred
(200) square feet
d.
Swimming pool -
One (1) space for each one hundred (100)
square feet of gross water surface and deck area
e.
Weight lifting or exercise areas -
One (1) space for
each one hundred (100) square feet
f.
Indoor jogging or running tracks -
One (1) space for
each one hundred (100) linear feet
g.
Motion picture theaters (which do not include live performances):
a) one (1) space per three and one-half (3 1/2) seats for single-screen
theaters; b) one (1) space per five (5) seats for motion picture theaters
with two (2) or more screens (see Subsection 33.6(B))
h.
Amusement center -
One (1) space for each game table
and one (1) space for each amusement device
i.
Health club, health spa or exercise club -
One (1) space
per one hundred fifty (150) square feet of floor area
j.
All areas for subsidiary uses not listed above or in other parts
of this Section (such as restaurants, office, etc.), shall be calculated
in with the minimum specified for those individual uses
12.
Commercial amusement
(outdoor): Ten (10) spaces plus
one (1) space for each five hundred (500) square feet over five thousand
(5,000) square feet of building and recreational area
13.
Commercial use:
One (1) space per two hundred fifty
(250) square feet of floor area
14.
Community center, library, museum or art gallery:
Ten
(10) parking spaces plus one (1) additional space for each three hundred
(300) square feet of floor area in excess of two thousand (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 (1) space for each four (4) seats that
it contains (see Subsection 33.6(B))
15.
Convenience store
(with gasoline pumps): One (1) space
per two hundred (200) square feet of floor area, plus one (1) space
for each gasoline pump unit (a unit may have up to six (6) nozzles
for gasoline disbursement). Spaces within pump areas qualify as spaces
for the parking requirement. If no gasoline sales are provided, then
the parking requirements shall be the same as for a retail store.
Adequate space shall be provided for waiting, stacking, and maneuvering
automobiles for refueling. (See also Section 37.2(E))
16.
Dance/aerobics studio, or assembly/exhibition hall without fixed
seats:
One (1) parking space for each one hundred (100)
square feet of floor area thereof
17.
Day nursery, day care center, kindergarten:
One (1) space per ten (10) pupils (based upon maximum occupancy and/or licensing capacity), plus one (1) space per teacher, plus one (1) space for each bus or van stored on the property (and sized to accommodate the vehicle), plus required stacking spaces (see Subsection 33.3 K.)
18.
Defensive driving school/class:
One (1) space for each
classroom seat (see Subsection 33.6(B))
19.
Fraternity, sorority or dormitory:
One (1) parking space
for each two (2) beds on campus, and one and one-half (1 1/2) spaces
for each two beds in off-campus projects
20.
Furniture or appliance store, hardware store, wholesale establishments,
clothing or shoe repair or service:
Two (2) parking spaces
plus one (1) additional parking space for each three hundred (300)
square feet of floor area over one thousand (1,000) square feet
21.
Gasoline station:
One (1) space per two hundred (200)
square feet of floor area, plus one (1) space for each gasoline pump
unit (a unit may have up to six (6) nozzles for gasoline disbursement).
Spaces within pump areas qualify as spaces for the parking requirement.
Adequate space shall be provided for waiting, stacking, and maneuvering
automobiles for refueling. (See also Section 37.2(E))
22.
Hospital:
One (1) space for each two (2) beds or examination
room, whichever is applicable; plus one (1) space for every two (2)
employees during periods of full occupancy.
23.
Hotel or Motel:
One (1) space per guest room, plus one
(1) space per three (3) restaurant/lounge area seats (based upon maximum
occupancy), plus one (1) space per one hundred twenty-five (125) square
feet of meeting/conference areas.
24.
Industrial uses:
One (1) space for each one thousand
(1,000) square feet of floor area (one space per 300 square feet for
any office/administrative areas)
25.
Institutions of a philanthropic nature:
Ten (10) spaces
plus one (1) space for each employee
26.
Library or museum:
Ten (10) spaces plus one (1) space
for every three hundred (300) square feet
27.
Lodge or fraternal organization:
One (1) space per two
hundred (200) square feet
28.
Lumber yard/home improvement center:
One (1) space per
four hundred (400) square feet display area, plus one (1) space per
one thousand (1,000) square feet of warehouse
29.
Machinery or heavy equipment sales:
One (1) space per
five hundred (500) square feet of gross floor area
30.
Manufactured/mobile home or manufactured/mobile home park:
Two (2) spaces for each manufactured/mobile home unit
31.
Manufacturing, processing or repairing:
One (1) space
for each two (2) employees or one (1) space for each one thousand
(1,000) square feet of total floor area, whichever is greater
32.
Medical or dental office:
One (1) space per two hundred
(200) square feet of floor area. Facilities over 20,000 square feet
shall use the parking standards set forth for hospitals.
33.
Mini-warehouse:
Three (3) spaces per establishment if
an office is located on site, plus two (2) spaces for an on-site manager’s
residence (if applicable), plus one (1) appropriately sized space
for any type of vehicle to be stored on site (e.g., rental trucks,
boats, RVs, etc.)
34.
Mortuary or funeral home:
One (1) parking space for
each two hundred (200) square feet of floor space in slumber rooms,
parlors or individual funeral service rooms, or one (1) space for
each three (3) seats in the auditorium/sanctuary (see Subsection 33.6(B)),
whichever is greater. Adequate on-site stacking spaces shall also
be provided for the organization and forming of processions such that
these activities do not cause excessive or extended traffic congestion/delays
on a public roadway.
35.
Motor-vehicle sales and new or used car lots:
One (1)
parking space for each five hundred (500) square feet of sales floor/office
and other indoor uses, plus one (1) parking space for each one thousand
(1,000) square feet of exterior lot area used for storage, sales and
parking areas, plus one (1) parking space per repair bay in service
areas (indoors or outdoors), plus one (1) parking space per service/towing
vehicle to be stored on site (required parking spaces are in addition
to those to be used for the storage/display of vehicles for sale/lease).
36.
Nursing home, convalescent home, or home for the aged:
One (1) space per six (6) beds; plus one (1) parking space for each
three hundred (300) square feet of floor area devoted to offices,
cafeterias, exercise/therapeutic rooms, and other similar ancillary
uses; plus one (1) space for every two (2) employees at full occupancy.
37.
Office (administrative or professional):
One (1) space
for each three hundred (300) square feet of floor area
38.
Outdoor display:
One (1) space for each six hundred
(600) square feet of open sales/display area
39.
Places of public assembly not listed:
One (1) space
for each three (3) seats provided (see Subsection 33.6(B))
40.
Real estate office:
One (1) space for each two hundred
(200) square feet
41.
Restaurant, private club, night club, cafe or similar recreation
or amusement establishment:
One (1) parking space for each one hundred (100) square feet of seating/waiting area, or one (1) space for every three (3) seats under maximum seating arrangement (i.e., occupancy), whichever is greater; required parking spaces are in addition to any stacking spaces that may be required for drive-through facilities (see Subsection 33.3 K.)
42.
Retail or personal service establishment, except as otherwise specified
herein:
One (1) space per two hundred (200) square feet of gross floor area in addition to any required stacking spaces for drive-through facilities (see Subsection 33.3 K.)
43.
Retirement housing for the elderly (independent living):
One and one-half (1.5) spaces for each dwelling unit, plus any additional
spaces for accessory retail, office, service or recreational uses
44.
Rooming or boarding house:
One (1) parking space for
each sleeping room, plus one (1) parking space for each host resident
or employee during maximum (i.e., peak) shift
45.
Sanitarium or similar institution:
One (1) parking space
for each six (6) beds, plus one (1) parking space for every two (2)
employees at maximum (i.e., peak) shift and full occupancy
46.
School, elementary (grades K-6):
One (1) parking space
for each fifteen (15) students (design capacity)
47.
School, secondary or middle (grades 7-8):
One (1) parking
space for each twelve (12) students (design capacity)
48.
School, high school (grades 9-12):
One space for each
three (3) students, faculty and staff (design capacity)
49.
Storage or warehousing:
One (1) space for each two (2)
employees or one (1) space for each one thousand (1,000) square feet
of total floor area, whichever is greater
50.
Telemarketing:
One (1) space for each two hundred and
fifty (250) square feet of floor space
51.
Theater, indoor or outdoor (live performances), sports arena, stadium,
gymnasium or auditorium (except school auditorium):
One
(1) parking space for each three (3) seats or bench seating spaces
(see Subsection 33.6(B))
52.
Truck stop/travel center:
One (1) truck parking space
for each ten thousand (10,000) square feet of site area, plus one
(1) vehicle parking space per two hundred (200) square feet of retail/service
building area (plus one space per one hundred square feet of restaurant/cafe
floor area, if provided)
53.
Veterinarian clinic:
One (1) space per three hundred
(300) square feet of gross floor space.
54.
Wholesale type uses (no retail sales):
One (1) space
for five thousand (5,000) square feet of gross floor area.
33.6
RULES
FOR COMPUTING NUMBER OF PARKING SPACES:
In computing the number of parking spaces required for each
of the above uses, the following rules shall govern:
A.
“Floor
Area” shall mean the gross floor area of the specific use.
B.
“Seat”
shall be interpreted as follows:
C.
For any
type of use in Section 33.5 above in which the number of seats is
used to compute the required number of parking spaces, the City Administrator
(or his/her designee) may, at his/her discretion, make a determination
that the parking requirement shall instead be determined by the maximum
occupancy load for the building (as prescribed in the City’s
Building Code) at a rate of one (1) parking space required for every
three (3) persons to be accommodated in the facility at maximum occupancy.
D.
Where
fractional spaces result, the parking spaces required shall be construed
to be the next higher whole number.
E.
The parking
space requirements for a new or unlisted use not specifically mentioned
herein shall be the same as required for a use of similar nature.
If the proposed use is not similar to any of the uses listed herein,
a determination shall be made by the City Administrator, or his/her
designee, in accordance with the requirements for the most closely
related use specified in this Section. In the event the applicant
disagrees with this determination, then he/she may submit a request
for determination by the Planning and Zoning Commission and City Council
using the same process as provided in Section 32.1 (D) for classifying
new and unlisted uses.
F.
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 of ten percent (10%) or more in the
number of existing parking spaces, such spaces shall be provided on
the basis of the enlargement or change.
G.
For buildings
which have mixed uses within the same structure (such as retail and
office), the parking requirement shall be calculated for the most
intensive use. In cases where the design of the interior of the structure
is not practical for alteration, the parking requirement may be calculated
for each use within a structure for buildings over 20,000 square feet.
H.
Shared
parking may be allowed in the case of mixed uses (different buildings)
under the following conditions. Up to fifty percent (50%) of the parking
spaces required for a theater or other place of evening entertainment
(after 6:00 p.m.), or for a church, may be provided and used jointly
by banks, offices, and similar uses not normally open, used, or operated
during evening hours. Shared parking must be on the same parking lot
and within the same zoning district. Reduction due to shared parking
shall be determined by the City Administrator, or his/her designee.
To assure retention of the shared parking spaces, each property owner
shall properly draw and execute a document expressing the same and
shall file this agreement with the City of Hutchins.
33.7
LOCATION
OF PARKING SPACES:
All parking spaces required herein shall be located on the same
lot, and within one hundred fifty feet (150') in the case of nonresidential
buildings/uses, and within the same zoning district, as the building
or use served, except in the CBD district and as follows:
A.
Where
an increase in the number of spaces is required by a change or enlargement
of an existing use, or where such spaces are provided collectively
or used jointly by two (2) or more buildings or establishments, the
required additional spaces may be located not to exceed three hundred
(300) feet from any nonresidential building served.
B.
In any
case where the required parking spaces are not located on the same
lot with the building or use served, or where such spaces are collectively
or jointly provided and used, approval by the Planning and Zoning
Commission and City Council is required according to the following
criteria:
1.
Off-site
parking may be permitted on an immediately contiguous lot or tract,
or on a lot or tract within one hundred fifty feet (150') of such
building or structure providing:
33.8
USE
OF REQUIRED PARKING SPACES, NONRESIDENTIAL DISTRICTS:
Required off-street parking and loading spaces shall be used
only for these respective purposes and shall not be used for refuse
containers, cart corrals, recycling kiosks, signs or sign support
structures, telecommunications towers or support structures, storage
or permanent display of boats, trailers, campers, motor vehicles or
other goods, materials or products for sale, lease or rent.
33.9
FIRE
LANES:
A.
Fire
lanes shall be provided in all multifamily, single-family attached,
manufactured home, and nonresidential developments. Fire lanes shall
be a minimum width of twenty-four feet (24') of paving, and shall
have a minimum inside turning radius at curves of twenty feet (20'),
or as required by the Fire Code and/or the Fire Chief of the City
of Hutchins. The minimum overhead vertical clearance over any portion
of a fire lane shall be fourteen feet (14'), and the minimum 14-foot
clearance shall be maintained for an additional horizontal distance
of at least fifty feet (50') along the fire lane both before and after
the overhead structure.
33.10
OFF-STREET
LOADING SPACE – ALL DISTRICTS:
A.
All
retail, commercial, industrial and service structures shall provide
and maintain off-street facilities for receiving and loading merchandise,
supplies and materials within a building or on the lot or tract. All
drives and approaches shall provide adequate space and clearances
to allow for the maneuvering of trucks off-street. Each site shall
provide a designated on-site maneuvering area for trucks (see Illustration
2). Such off-street loading space may be adjacent to (but not any
portion of) a public alley or private service drive, or it may consist
of a truck berth within the structure. Such off-street loading space
or truck berth shall consist of a minimum area of ten feet by sixty
feet (10' x 60'), and such spaces or berths shall be provided in accordance
with the following schedule:
|
Total Square Feet of Gross Floor Area in Structure
|
Minimum Required Spaces or Berths
|
|---|---|
|
0 to 10,000 square feet
|
None
|
|
10,001 to 50,000 square feet
|
1
|
|
50,001 to 100,000 square feet
|
2
|
|
100,001 to 200,000 square feet
|
3
|
|
Each additional 100,000 square feet
|
1 additional
|
B.
In all
zoning districts except Heavy Industrial, loading docks or service/delivery
entrances shall not be constructed facing any public street, and shall
not be visible from any public street. In the Heavy Industrial district,
loading docks or service/delivery entrances (which may include overhead
rolling steel doors) may be constructed facing a public street if
they are set back a minimum of seventy-five feet (75') from the right-of-way
line of the street, and if they are visually screened from the roadway
(using a “line of sight” which is measured from a vertical
height of five feet (5') at the right-of-way line of the roadway).
Screening shall be subject to the following standards:
1.
Screening
shall be a brick/masonry wall not less than ten feet (10') in height.
2.
A
living screen, or a living screen with berm, of equal height may be
substituted upon approval (on the site plan) by the Planning and Zoning
Commission and City Council. Living screen materials shall be in accordance
with the City of Hutchins approved plant list (see Appendix A-4),
or as may be otherwise approved by the Planning and Zoning Commission
and City Council on the site plan.
3.
Screening
shall be provided for a linear distance equal to the length of the
area where the loading docks/service areas are exposed to the public
street.
C.
Loading
docks for any establishment which customarily receives goods between
the hours of 9:00 p.m. and 8:00 a.m. and is adjacent to a residential
use or district shall be designed and constructed so as to enclose
the loading operation on three sides, in order to reduce the effects
of the noise of the operation on adjacent residences.
D.
Kindergartens,
elementary schools, day schools, and similar child training and care
establishments shall provide one (1) paved off-street pedestrian loading
and unloading space for an automobile on a through, “circular”
drive for each ten (10) students cared for (excluding child care in
a residence). An additional lane shall also be required to allow passby
or through traffic to move while automobiles waiting or parked to
pick up children occupy loading/unloading areas.
33.11
[RESERVED]
(Ordinance 782 adopted 2/16/04; Ordinance 2014-0967 adopted 11/3/14; Ordinance
2018-1051 adopted 7/16/18)
34.1
PURPOSE:
Landscaping is accepted as adding value to property and is in
the interest of the general welfare of the City. The provision of
landscaped areas also serves to increase the amount of a property
that is devoted to pervious surface area which, in turn, helps to
reduce the amount of impervious surface area, storm water runoff;
and consequent nonpoint pollution in local waterways. Therefore, landscaping
is hereafter required of new development, except single- and two-family
and agricultural uses, adjacent to public streets. Single- and two-family
uses are generally not required to provide extensive landscaping at
the time of development because they rarely fail to comply with the
requirements set forth herein.
34.2
SCOPE
AND ENFORCEMENT:
The standards and criteria contained within this Section are
deemed to be minimum standards and shall apply to all new or altered
construction occurring within the City, except that single-family
or duplex dwellings shall be exempt. Additionally, any use requiring
a Specific Use Permit or a PD zoning designation must comply with
these landscape standards unless special landscaping standards are
otherwise provided for in the ordinance establishing the SUP or PD
district. The provisions of this Section shall be administered by
the City Administrator, or his/her designee. The landscape standards
in this Section apply only to nonresidential and multifamily developments
(including uses such as schools, day care centers, and churches within
a residential zoning district).
If at any time after the issuance of a certificate of occupancy,
the approved landscaping is found to be not in conformance with the
standards and criteria of this Section, the City Administrator (or
his/her designee) shall issue notice to the owner, citing the violation
and describing what action is required to comply with this Section.
The owner, tenant or agent shall have thirty (30) days from date of
said notice to establish/restore the landscaping, as required. If
the landscaping is not established/restored within the allotted time,
then such person shall be in violation of this Ordinance.
34.3
PERMITS:
No permits shall be issued for building, paving, grading or
construction until a detailed landscape plan is submitted and approved
by the City Administrator, or his/her designee, along with the site
plan and engineering/construction plans. A conceptual or generalized
landscape plan shall be required as part of the site plan submission,
as required in Section 12. Prior to the issuance of a certificate
of occupancy for any building or structure, all screening and landscaping
shall be in place in accordance with the landscape plan.
In any case in which a certificate of occupancy is sought at
a season of the year in which the City Administrator, or his/her designee,
determines that it would be impractical to plant trees, shrubs or
groundcover, or to successfully establish turf areas, a temporary
certificate of occupancy may be issued provided a letter of agreement
from the property owner is submitted that states when the installation
shall occur. All landscaping required by the landscaping plan shall
be installed within six (6) months of the date of the issuance of
the certificate of occupancy.
34.4
LANDSCAPE
PLAN:
Prior to the issuance of a building, paving, grading or construction
permit for any use other than single-family detached or duplex dwellings,
a landscape plan shall be submitted to the City Administrator, or
his/her designee. The City Administrator, or his/her designee, shall
review such plans and shall approve same if the plans are in accordance
with the criteria of these regulations. If the plans are not in conformance,
they shall be disapproved and shall be accompanied by a written statement
setting forth the changes necessary for compliance.
Landscaping plans shall be prepared by a person knowledgeable
in plant material usage and landscape design (e.g., landscape architect,
landscape contractor, landscape designer, etc.) and shall contain
the following minimum information:
A.
Minimum
scale of one inch (1") equals fifty feet (50'); show scale in both
written and graphic form.
B.
Location,
size and species of all existing trees that are greater than or equal
to a six-inch (6") caliper size (do not use “tree stamps”
unless they indicate true size and location of trees).
C.
Location
and planting design of all new plant and landscaping materials to
be used, including plants, paving, benches, screens, fountains, statues,
earthen berms, ponds (to include depth of water), topography of site,
and all other landscape features
D.
Species
and common names of all plant materials to be used
E.
Size
of all plant material to be used (container size, planted height,
etc.)
F.
Spacing
of plant material where appropriate
G.
Layout
and description of irrigation, sprinkler, or water systems including
location of water sources
H.
Description
of maintenance provisions
I.
Name
and address of the person(s) responsible for the preparation of the
landscape plan
J.
North
arrow/symbol, and a small map showing where the property is located
K.
Date
of the landscape plan
34.5
GENERAL
STANDARDS:
The following criteria and standards shall apply to landscape
materials and installation:
A.
All required
landscaped open areas shall be completely covered with living plant
material, and all required landscaping shall be continuously maintained
in a living and growing condition. Landscaping materials such as wood
chips and gravel may be used under trees, shrubs and other plants,
but shall not comprise a significant portion of the total landscaped
area.
B.
Plant
materials shall conform to the standards of the current edition of
the “American Standard for Nursery Stock” (as amended),
published by the American Association of Nurserymen. Grass seed, sod
and other material shall be clean and reasonably free of weeds and
noxious pests and insects.
C.
Trees
shall have an average crown spread of greater than fifteen feet (15')
at maturity. Trees having a lesser average mature crown of fifteen
feet (15') may be substituted by grouping the same so as to create
the equivalent of fifteen feet (15') of crown spread. Trees shall
be a minimum of three inches (3") in caliper (as measured twenty-four
inches (24") above the ground) and seven feet (7') in height at time
of planting. No tree shall be located closer than five feet (5') to
any paved surface (e.g., street/parking lot paving and curbs). Trees
may be located closer than five feet (5') to a sidewalk only when
an acceptable root barrier is used to prevent tree roots from growing
underneath the sidewalk, and only if trees are maintained with a seven-foot
(7') vertical clearance over the sidewalk.
D.
Hedges,
where installed for screening purposes, shall be planted and maintained
so as to form a continuous, unbroken, solid visual screen which will
be six feet (6') high within three (3) years after time of planting
(except for parking lot/headlight screens, which shall form a continuous,
solid visual screen three feet high within two years after planting).
E.
Grass
areas shall be sodded, plugged, sprigged, hydro-mulched and/or seeded,
except that solid sod shall be used in swales, earthen berms or other
areas subject to erosion.
F.
Ground
covers used in lieu of grass in whole and in part shall be planted
in such a manner as to present a finished appearance and reasonably
completed coverage within one (1) year of planting.
G.
Any trees
preserved on a site meeting the herein specifications may be credited
toward meeting the tree requirement of any landscaping provision of
this Section according to the following table:
|
Caliper Size of Existing Tree
|
Credit Against Tree Requirement
|
|---|---|
|
6" to 8"
|
1.0 tree
|
|
9" to 30"
|
1.5 trees
|
|
31" to 46"
|
2.0 trees
|
|
47" or more
|
3.0 trees
|
Due to their limited height, size and value as quality
shade trees, mesquite, hackberry, willow and sycamore trees will receive
only fifty percent (50%) of the above credit for tree preservation.
All other existing trees may receive credit if they are not on the
City’s approved plant material list but are approved by the
City Administrator, or his/her designee. Should any required tree
designated for preservation in the landscape plan die, the owner shall
replace the tree with a three inch (3") minimum caliper tree in accordance
with the credits listed above. The caliper size of existing trees
shall be measured at forty-eight inches (48") above natural grade.
No living trees greater than six inches (6") in caliper may be cut,
destroyed or damaged on the development site until approved as part
of the site plan requirements in this Ordinance, and such trees shall
be preserved and protected, wherever possible.
H.
Earthen
berms shall have side slopes not to exceed 33.3 percent (three feet
(3') of horizontal distance for each one foot (1') of vertical height).
All berms shall contain necessary drainage provisions as may be required
by the City’s Engineer.
I.
All required
landscaped areas shall be provided with an automatic, underground
irrigation system. Landscaped areas having less than ten (10) square
feet in area may be irrigated by other inconspicuous methods.
34.6
MINIMUM
LANDSCAPING REQUIREMENTS FOR NONRESIDENTIAL AND MULTIFAMILY:
A.
For all
nonresidential and multifamily developments (including schools, churches,
day care facilities, and other similar uses in a residential district),
at least fifteen percent (15%) of the street yard shall be permanently
landscaped area (see Illustration 13). The street yard shall be defined
as the area between the building front and the front property line,
and shall apply to all street frontages of the building. The required
landscaped area shall be defined as the total square footage of the
street yard area minus the area occupied by any structure, parking
area, sidewalk, or other paved or impervious surface area.
For gasoline service stations, the requirement is a minimum
of fifteen percent (15%) landscaped area for the entire site, including
a minimum six hundred (600) square foot landscaped area at the street
intersection corner (if located on a corner), which can be counted
toward the fifteen percent (15%) requirement.
B.
A minimum
ten-foot (10') landscape buffer (interior parkway) adjacent to the
right-of-way of any major thoroughfare street is required. Corner
lots fronting two (2) major thoroughfares shall provide the appropriate
required landscape buffer on both street frontages. All other street
frontages shall observe a minimum five-foot (5') landscape buffer.
Developers shall be required to plant one (1) large tree per forty
(40) linear feet (or portion thereof) of street frontage (existing
trees that meet the criteria of Subsection ______ below may count
toward the required number of trees). Trees within street rights-of-way
shall not count toward the number of trees required for a development
site. Trees should be grouped or clustered to facilitate site design
and to provide an aesthetically pleasing, natural looking planting
arrangement. The landscaped portion of interior parkways may be included
in the required landscape area percentage. The interior parkway is
defined as that area on private property between the street right-of-way
line and the curb of the parking area or building area.
C.
Landscape
areas within parking lots should generally be at least one parking
space in size, and no landscape area having a tree shall be less than
fifty (50) square feet in area. Landscape areas shall be no less than
five feet (5') wide, and shall equal a total of at least sixteen (16)
square feet per parking space. There shall be a landscaped area with
at least one (1) tree within sixty feet (60') of every parking space.
There shall be a minimum of one (1) tree planted in the parking area
for every ten (10) parking spaces within parking lots with more than
twenty (20) spaces. Within parking lots, landscape areas should be
located to define parking areas and assist in clarifying appropriate
circulation patterns. A landscape island shall be located at the terminus
of all parking rows, and should contain at least one tree. All landscape
areas shall be protected by a monolithic curb or wheel stops, and
shall remain free of trash, litter, and car bumper overhangs.
D.
A minimum
of fifty percent (50%) of the total trees required for the property
shall be large trees as specified on the approved plant list. Only
shrubs and groundcovers (i.e., no trees) shall be used under existing
or proposed overhead utility lines.
E.
All existing
trees which are to be preserved shall be provided with undisturbed,
permeable surface area under (and extending outward to) the existing
drip line of the tree. All new trees shall be provided with a permeable
surface under the dripline that is a minimum of five feet (5') by
five feet (5') in size.
F.
Necessary
driveways from the public right-of-way shall be permitted through
all required landscaping, and shall be in accordance with City regulations.
34.7
TREE
PRESERVATION:
A.
During
any construction or land development, the developer shall clearly
mark all trees to be preserved/retained on site, and may be required
to erect and maintain protective barriers around all such trees or
groups of trees. The developer shall not allow the movement of equipment
or the storage of equipment, materials, debris or fill to be placed
within the dripline of any trees that are designated for preservation.
During the construction stage of development, the developer
shall not allow cleaning of equipment or material under the canopy
of any tree or group of trees that are being preserved. Neither shall
the developer allow the disposal of any waste/toxic material such
as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar,
etc., under the canopy of any tree or groups of trees to remain.
No attachment or wires of any kind, other than those of a protective
or supportive nature, shall be attached to any tree.
B.
Tree
Removal -
In any nonresidential or multifamily development
or zoning district, no person shall, directly or indirectly, cut down,
destroy, remove, or effectively destroy through damaging, any tree
that is six inches (6") or larger in caliper size (as measured forty-eight
inches (48") above the ground at the trunk) on any nonresidential
or multifamily property within the City of Hutchins without first
obtaining a Tree Removal Permit as provided by this Section.
1.
Permit
Required -
Trees shall not be damaged, destroyed or removed
prior to the issuance of a Tree Removal Permit, nor until the City
Administrator (or his/her designee) approves removal of trees due
to the following:
a.
Said
trees are injured, dying, diseased or excessively infested with harmful
insects; or
b.
Said
trees are in danger of falling, interfering with utility services,
or creating an unsafe visual obstruction; or
c.
Said
trees create a hazardous or dangerous condition so as to endanger
the public health, safety or welfare.
2.
Utility
companies shall be exempt from authorization of the City Administrator
(or his/her designee) when public health, safety or welfare of the
general citizenship is in danger.
3.
Under
no circumstances shall the clear-cutting of trees, six-inch (6") caliper
size and larger (as measured forty-eight inches (48") above the ground
at the trunk), on any nonresidential or multifamily property within
the City of Hutchins be allowed prior to the issuance of a Tree Removal
Permit for said property. Any tree removed will be required to follow
the guidelines of this Ordinance.
4.
Penalties
for Unauthorized Removal of Trees -
If any trees are
removed from any nonresidential or multifamily property, including
any injury to a tree resulting from the developer’s or contractor’s
failure to follow required tree protection measures that causes or
may reasonably be expected to cause the tree to die, the property
owner shall be determined to be in violation of this Ordinance. Each
and every tree removed in violation of this Ordinance shall constitute
a separate and distinct offense, and shall be subject to the penalties
provided in Section 44 of this Ordinance.
5.
Application
for Tree Removal Permit -
A permit for the removal of
trees shall be obtained by making application to the City of Hutchins,
Building Department, on a form provided by the City, and shall be
subject to the following procedures:
a.
Review of Application for Tree Removal Permit -
Upon
receipt of a proper application for a Tree Removal Permit, the City
Administrator (or his/her designee) shall review the application and
may conduct field inspections of the proposed development.
b.
The
application for a Tree Removal Permit (if applicable) shall be considered
an integral part of the application for site plan approval (see Section
12), and no site plan or development plan for any development that
is subject to the provisions of this Section shall be approved without
approval of the required Tree Removal Permit.
c.
Denial
of an application for a Tree Removal Permit may be appealed (in writing)
to the City Council.
6.
This
Subsection does not apply to any area that was platted prior to the
effective date of this Ordinance.
34.8
SIGHT
DISTANCE AND VISIBILITY:
A.
Rigid
compliance with these landscaping requirements shall not be such as
to cause visibility obstructions and/or blind corners at intersections.
Whenever an intersection of a street(s), alley and/or driveway occurs,
a triangular visibility area shall be created (see Section 37.9).
Landscaping within the triangular visibility area shall be designed
to provide unobstructed cross-visibility at a level between twenty-four
inches (24") and eight feet (8') above the ground. Single-trunked
trees may be permitted in this area provided they are trimmed in such
a manner that no limbs or foliage extend into the cross-visibility
area and provided that their trunks, when mature in size, will not
produce a “picket fence” effect which would hinder visibility.
B.
Landscaping,
except required grass and low ground cover, shall not be located closer
than three feet (3') from the edge of any accessway pavement.
C.
In the
event other visibility obstructions are apparent in the proposed landscape
plan, as determined by the City Administrator, or his/her designee,
the requirements set forth herein may be reduced to the extent to
remove the conflict.
34.9
MAINTENANCE:
A.
The owner,
tenant and/or their agent, if any, shall be jointly and severally
responsible for the maintenance of all landscaping. All required landscaping
shall be maintained in a neat and orderly manner at all times. This
shall include, but not to be limited to, mowing (of grass six inches
or higher), edging, pruning, fertilizing, watering, weeding, and other
such activities common to the maintenance of landscaping. Landscaped
areas shall be kept free of trash, litter, weeds, and other such material
or plants not a part of the landscaping. All plant material shall
be maintained in a healthy and growing condition as is appropriate
for the season of the year. Plant materials which die shall be replaced
with plant material of similar variety and size, within one hundred
and twenty (120) days. Trees with a trunk diameter in excess of six
inches (6") measured twenty-four inches (24") above the ground may
be replaced with ones of similar variety having a trunk diameter of
no less than three inches (3") measured twenty-four inches (24") above
the ground. A time extension may be granted by the City Administrator,
or his/her designee, if substantial evidence is presented to indicate
abnormal circumstances beyond the control of the owner or his/her
agent.
B.
Failure
to maintain any landscape area in compliance with this Section is
considered a violation of this Section and may be subject to penalties
of Section 44 of this Ordinance.
(Ordinance 782 adopted 2/16/04; Ordinance 2013-0950 adopted 9/5/13; Ordinance
2017-1023 adopted 6/5/17; Ordinance 2018-1051 adopted 7/16/18)
35.1
In a
single-family or multifamily district, an accessory building is a
subordinate or incidental building, attached to or detached from the
main building, not used for commercial purposes and not rented. Accessory
buildings shall be located toward the rear portion of the property.
35.2
In nonresidential
districts, an accessory building is a subordinate building, the use
of which is secondary to and supportive of the main building. Accessory
buildings shall not be permitted without a main building or primary
use being in existence. Accessory buildings should, wherever possible,
be located toward the rear portion of the property.
35.3
Accessory
dwelling units in the Agriculture (A) district shall be allowed as
an incidental residential use of a building on the same lot as the
main dwelling unit and used by the same person or persons of the immediate
family, and shall meet the following standards:
A.
The accessory
dwelling unit must be constructed to the rear of the main dwelling,
separate from the main dwelling.
B.
The accessory
dwelling unit may be constructed only with the issuance of a Building
Permit, and shall be constructed out of the same material as the main
structure.
C.
The accessory
dwelling unit may not be sold separately from sale of the entire property,
including the main dwelling unit, and shall not be sublet.
D.
Setback
requirements shall be the same as for the main structure.
E.
Accessory
dwellings are not permitted without the main or primary structure.
35.4
Accessory
dwellings (including garage/accessory dwellings and detached units)
may be permitted in residential zoning districts (see regulations
for the specific district, and the Use Charts, Section 32), and shall
conform to the height limitations of the main structure. No such accessory
dwelling or quarters shall be used or occupied as a place of abode
or residence by anyone other than a bona fide caretaker, servant or
farm worker actually and regularly employed by the land owner or occupant
of the main building, or is a guest or family member of the owner/occupant.
Only one (1) accessory dwelling unit (i.e., garage/accessory dwelling,
servants/caretakers quarters, etc.) shall be allowed on any lot within
a residential zoning district, and they shall be clearly incidental
to the primary use. These accessory living structures shall not, in
any case, be leased or sold.
35.5
AREA
REGULATIONS FOR ACCESSORY BUILDINGS IN RESIDENTIAL AND MULTIFAMILY
DISTRICTS:
A.
Size
of Yards:
1.
Front
Yard:
Detached accessory buildings shall be prohibited
in front of the main building.
2.
Side
Yard:
There shall be a side yard not less than three
feet (3') from any side lot line, or alley line for any accessory
building provided that such building is separated from the main building
by a minimum distance of ten feet (10'). Garages or carports located
and arranged so as to be entered from the side yard shall have a minimum
distance of twenty-five feet (25') from the side lot line, alley line,
alley easement line or street. Carports or garages arranged to be
entered from the side yard, facing a public street, shall have a minimum
distance equal to the required yard for the main building or twenty-five
feet (25'), whichever is greater.
3.
Rear
Yard:
There shall be a rear yard not less than three
feet (3') from any lot line or alley line, or alley easement line,
except that; a) where apartments are permitted, the main building
and all accessory buildings shall not cover more than sixty percent
(60%) of that portion of the lot lying to the rear of a line erected
joining the midpoint of one side lot line with the midpoint of the
opposite side lot line; b) carports, garages, or other accessory buildings,
located within the rear portion of a lot as heretofore described,
constructed closer than ten feet (10') to the main building, shall
have a rear yard equivalent to the rear yard requirement for the main
building; or c) accessory buildings constructed ten feet (10') or
more from the main building shall have a rear yard of three feet (3').
If an alley exists, accessory buildings may be located within three
feet (3') of a rear lot line. Garages or carports that are arranged
so as to be entered by a motor vehicle from an alley or rear alley
easement shall be set back from the rear property line or alley easement
line a minimum distance of twenty-five feet (25').
4.
Carports
shall be measured from the posts supporting the roof nearest to the
street or alley. (See Illustration 4).
5.
Accessory
buildings are not permitted without a main structure.
6.
Accessory
buildings shall not exceed two (2) stories in height. Garage/accessory
dwelling units up to two (2) stories may be allowed in certain zoning
districts (see Use Charts, Section 32) by SUP if there is no adverse
impact upon adjacent properties.
7.
Metal
accessory buildings less than two hundred and forty (240) square feet
are permitted, but shall not be used as an enclosed parking area or
garage. Any metal accessory building that is over one hundred and
forty-four (144) square feet in size shall require a building permit
prior to construction/erection.
8.
No
carport shall be permitted within the yard setback (i.e., in front
of the front building line) or within the street side yard setback
for a corner lot.
(Ordinance 782 adopted 2/16/04; Ordinance 2013-0950 adopted 9/5/13; Ordinance
2017-1023 adopted 6/5/17; Ordinance 2018-1051 adopted 7/16/18)
36.1
PURPOSE:
To encourage the most appropriate use of land and conserve and
protect the privacy and value of adjacent permitted uses. Regulations
are prescribed for the location and type of various screening devices
to be used when required in the various zoning districts or in this
Section in accordance with the following standards.
36.2
SCREENING
OF NONRESIDENTIAL, MULTIFAMILY AREAS AND MANUFACTURED/MOBILE HOME
PARKS:
A.
In the
event that multifamily, nonresidential uses, or manufactured/mobile
home parks side or back upon a single-family, two-family or residential
PD district, or in the event that any nonresidential district sides
or backs upon a multiple-family district, a solid brick/masonry screening
wall of not less than six feet (6'), nor more than eight feet (8'),
in height shall be erected on the property line separating these districts.
The purpose of the screening wall is to provide a visual and protective
barrier between the properties.
1.
The
owner of the multifamily property shall be responsible for and shall
build and maintain the required wall on the property line dividing
the property from the single-family or duplex residential district.
This construction requirement applies only when multifamily is adjacent
to residential uses.
2.
When
screening is required between nonresidential and residential uses,
it shall be the responsibility of the nonresidential use to construct
and maintain the screening wall.
3.
Any
screening wall or fence required under the provisions of this Section
or under a Specific Use Permit, Planned Development District, or other
requirement shall be constructed of masonry, reinforced concrete,
or other similar suitable materials which do not contain openings.
All wall or fence openings shall be equipped with gates equal in height
and screening characteristics to the wall or fence.
4.
Alternative
equivalent screening may be approved through the site plan approval
process, Section 12.
5.
In
the event that Light Industrial (LI), Heavy Industrial (HI), or Logistics
Port B (LPB) districts abut a residential district, a masonry screening
wall of not less than twelve feet (12') in height shall be constructed
and maintained along the abutting property lines by the nonresidential
use to provide a visual and noise barrier between the uses.
B.
In nonresidential
and multifamily zoning districts, no fence or wall shall be erected
in any front yard or side yard which is adjacent to a public street
unless the fence/wall is required to screen the development from an
adjacent residential area (particularly if the residence has, or could
have, a back yard fence that would be exposed to view from the street
if the required screening wall were not extended out to the street
right-of-way line). In this case, the screening fence/wall shall be
extended out to the street right-of-way line by the developer of the
nonresidential or multifamily development, and the fence/wall shall
be finished on both sides in a manner/color that is compatible to
the exterior finish materials used on the nonresidential or multifamily
buildings. Screening fences/walls shall be placed such that they do
not impede visibility for vehicles entering or exiting the nonresidential
or multifamily development (see Section 37.9 for sight visibility
requirements).
C.
All fences
require permits. An administrative fee must be paid at the time of
permit application (see Appendix A-6).
D.
See Section
37.9 for sight visibility requirements for fences and screening walls.
E.
Open
storage of materials, commodities or equipment (see Use Charts, Section
32, Zoning Districts permitting outside storage) shall be screened
with a minimum six-foot (6') tall fence or wall, and shall not be
visible from the street. (See Appendix A-3 definition of outside storage.)
F.
In districts
permitting open storage, screening shall be required only for those
areas used for open storage. A six-foot (6') tall screening fence
or wall shall be provided and maintained at the property line adjacent
to the area to be screened by one or a combination of the following
methods:
1.
Solid
masonry (brick, concrete block or concrete panels)
2.
Chain
link with solid landscape screening (opaque within three years of
planting)
3.
Wrought
iron with solid landscape screening (opaque within three years of
planting)
4.
Alternate
equivalent screening may be approved through the site plan approval
process under Section 12.
|
No outside storage may exceed the height of the fence. Outside
storage exceeding eight feet (8') shall require a Specific Use Permit.
|
G.
Refuse
storage areas which are not within a screened rear service area and
which are visible from a public right-of-way for all nonresidential,
multifamily and manufactured/mobile home park uses shall be visually
screened by a minimum six-foot (6') tall solid masonry wall on at
least three sides (see Illustration 11 for refuse container enclosure
diagrams). The fourth side, which is to be used for garbage pickup
service, may provide an optional gate to secure the refuse storage
area. Alternate equivalent screening methods may be approved through
the site plan approval process, Section 12. Each refuse facility shall
be located so as to facilitate pickup by refuse collection agencies.
Adequate reinforced paved areas shall be provided for refuse facilities
and their approaches for loading and unloading, as per Illustration
11.
H.
Plans
and specifications for screening and/or fencing around ground-mounted
utility structures (e.g., transformers, natural gas regulating stations,
etc.) shall be approved in writing by the affected utility company,
and shall be submitted, along with an approval letter/document from
the utility company, to the City Administrator (or his/her designee)
for review and approval prior to construction of said screening/fencing.
36.3
FENCES
IN RESIDENTIAL AREAS:
A.
Any fence
or wall located to the rear of the minimum required front yard line
shall not exceed eight feet (8') in height.
B.
No fence
or wall shall be permitted within the required front yard of any single-family
or duplex residential lot which is adjacent to a public street.
C.
Fences
or walls shall be placed so as not to interfere with the maintenance
of any utilities or with emergency access into a property. The City
shall not be responsible for the replacement of fences or walls built
over or within dedicated utility easements if the fence or wall must
be removed for maintenance or emergency access purposes. In order
to facilitate ingress for public safety and utility company personnel,
at least one (1) pedestrian gate, not less than three feet (3') wide,
shall be required on each fence or wall section that is adjacent or
parallel to a public right-of-way or a utility easement.
D.
No fence
or wall shall be constructed or placed within ten feet (10') of the
back of the street curb or, if no curb is present, within ten feet
(10') of the edge of the street or alley pavement regardless of the
location of the property line.
E.
All fences
require permits. An administrative fee must be paid at the time of
permit application (see Appendix A-6).
F.
No barbed
wire or electrical fencing shall be allowed except as used for farm
or ranching purposes on undeveloped land over one (1) acre in size.
G.
The minimum
gauge of wire for a wire mesh fence shall be not less than eleven
(11), and the minimum wire mesh size shall not be less than two and
one-quarter inches (2 1/4").
H.
Gates
designed for vehicular access shall be set back from the property
line a minimum of twenty-five feet (25').
I.
Swimming
pools shall be enclosed by a security fence not less than six (6)
feet in height. All swimming pool security fences shall be constructed
so as not to have openings, holes or gaps larger than two (2) inches
in dimension, except for doors and gates. All doors and gates shall
be equipped with self-closing, self-latching devices. Solid wood fences
along property lines which surround the swimming pool may also satisfy
this screening requirement. Fences around swimming pools shall also
comply with the Standard Swimming Pool Code and with any other City
of Hutchins codes/ordinances pertaining to same.
J.
See Section
37.9 for sight visibility requirements for fences and screening walls.
K.
Special
purpose fencing, such as fencing around tennis courts, is permitted
(permit required).
M.
It shall
be unlawful for the owner of property located within a Residential
District to maintain a fence, or allow a fence to be maintained, on
said property in such a manner to allow:
1.
Any
fence constructed of any prohibited materials as listed in subsection
(L) herein;
2.
Any
portion of a fence to lean so that the fence’s axis is more
than twenty (20) degrees out of perpendicular alignment with its base;
3.
Any
and all broken, loose, damaged, insect damaged, removed or missing
parts (i.e., gates, slats, posts, wood rails, bricks, panels) of said
fence shall be replaced within ten (10) days of receiving notification
by regular mail, or notice delivered in person by the code official
or his authorized representative. The code official may, upon written
notice from the owner that unusual circumstances prevent the timely
repair of a fence, extend the replacement time as necessary. Replacement
materials shall be new and the same materials, size, shape and quality
of the damaged, removed or missing; or
4.
Symbols,
writings and other graffiti on a fence except for those which are
permitted as signs under this chapter or which pertain to the address
or occupancy of a property.
(Ordinance 782 adopted 2/16/04; Ordinance 2013-0950 adopted 9/5/13; Ordinance
2017-1023 adopted 6/5/17; Ordinance 2018-1051 adopted 7/16/18)
37.1
A.
Measuring
Setbacks -
All setback measurements shall be made in
accordance with Illustrations 6, 7 and 8.
B.
Configuration
of Lots -
Flag lots (i.e., lots with minimal, or panhandle
type, frontage) shall be prohibited. Similarly, through (i.e., double
frontage) lots (particularly within residential zoning districts)
shall also be avoided. (Also see Subdivision Ordinance for regulations
pertaining to the configuration of lots.)
37.2
FRONT
YARD:
A.
On all
corner lots, the front yard setback shall be observed along the frontage
of both intersecting streets, unless approved specifically otherwise
on a final plat (see Illustration 9 and Section 37.3A.). Where a single-family
or duplex lot has double frontage, extending from one street to another,
or it is located on a corner, a front yard shall be required on both
street frontages unless a side or rear yard building line has been
established along one frontage on the plat and the side or rear yard
is not directly abutting a front yard on another lot (i.e., it is
physically separated from the adjacent lot by an alley, street right-of-way,
creek/floodplain area, or some other similar feature by a distance
of fifteen feet or more), in which event only one required front yard
need be observed (see Section 37.3A and Illustration 9). The side
and/or rear yards in the case of single-family and duplex uses shall
be identified and the front of the structure shall not face the side
or rear yard.
B.
Where
the frontage on one side of a street between two intersecting streets
is divided by two or more zoning districts, the front yard shall comply
with the requirements of the most restrictive district for the entire
frontage (see Illustration 3). Similarly, the front/side yards of
a lot which has more than one street frontage shall conform to the
setback lines established by the immediately adjacent lot(s) such
that the setbacks along the block face are uniform (i.e., consistent,
not staggered). At least one front yard setback shall be provided
for every lot/parcel.
C.
The front
yard shall be measured from the property line to the front face of
the building, to the nearest supporting member of a covered porch
or terrace, or to any attached accessory building. Eaves and roof
extensions or a porch without posts or columns may project into the
required front yard for a distance not to exceed four feet (4'), and
subsurface structures, platforms or slabs may not project into the
front yard to a height greater than thirty inches (30") above the
average grade of the yard (see Illustration 4).
D.
Minimum
lot widths for lots with predominate frontage on the curved radius
of a street (e.g., cul-de-sac or “eyebrow” portion of
a street) shall be measured as the linear distance of the curved front
building line, and shall be shown on the subdivision plat. Minimum
lot widths for all lots shall be as set forth in the respective zoning
district for each lot.
E.
Gasoline
service station pump islands that parallel a public street may be
located a minimum of eighteen feet (18') to the property line adjacent
to a public street. For pump islands that are perpendicular or diagonal
to a public street, the setback shall be thirty feet (30') in order
to prevent vehicles stacking out into the street while waiting for
a pump position. Pump islands may extend beyond the front building
line as described above (provided that all other requirements of this
Ordinance are met), but shall not be closer than fifteen feet (15')
to any property line that is not adjacent to a public street.
F.
Where
a future right-of-way line has been established for future widening
or opening of a street or thoroughfare, upon which a lot abuts, then
the front, side, or rear yard shall be measured from the future right-of-way
line.
37.3
SIDE
YARDS:
A.
On a
corner lot used for a single- or two-family dwelling, both street
frontages shall be treated as front yards on all lots platted after
May 23, 1988 (pursuant to the Subdivision Ordinance, Ordinance No.
525), except that one street exposure may be designated as a side
yard for the corner lot if an alley, street right-of-way, creek/floodplain
area, or other similar phenomenon physically separates the corner
lot from the adjacent lot by a distance of fifteen feet (15') or more.
In such case, a building line may be designated as a side yard (as
determined by the applicable zoning district standards). On lots which
were official lots of record prior to the effective date of this Ordinance,
the minimum side yard adjacent to a side street shall comply with
the minimum required side yard for the respective district.
B.
Every
part of a required side yard shall be open and unobstructed except
for the ordinary projections of window sills, belt courses, cornices,
and other architectural features not to exceed twelve inches (12")
into the required side yard, and roof eaves projecting not to exceed
thirty-six inches (36") into the required side yard. Air conditioning
compressors and similar equipment are permitted in the side yard.
C.
Where
a future right-of-way line has been established for future widening
or opening of a street or thoroughfare, upon which a lot abuts, then
the front, side, or rear yard shall be measured from the future right-of-way
line.
37.4
REAR
YARDS:
A.
Slabs,
driveways, porches and similar surfaces may be constructed in the
rear yard area.
B.
Every
part of a required rear yard shall be open and unobstructed except
for the ordinary projections of window sills, belt courses, cornices,
and other architectural features not to exceed twelve inches (12")
into the required rear yard, and roof eaves projecting not to exceed
thirty-six inches (36") into the required rear yard. Air conditioning
compressors and similar equipment are permitted in the rear yard.
C.
Where
a future right-of-way line has been established for future widening
or opening of a street or thoroughfare, upon which a lot abuts, then
the front, side, or rear yard shall be measured from the future right-of-way
line.
37.5
SPECIAL
HEIGHT REGULATIONS:
A.
In the
districts where the height of buildings is restricted to two (2) to
three (3) stories, cooling towers may extend for an additional height
not to exceed fifty feet (50') above the average grade line of the
building. Water stand pipes and tanks, church steeples, domes and
spires, school buildings, and institutional buildings may be erected
to exceed the height limit, as specified in the particular zoning
district, provided that one (1) additional foot shall be added to
the width and depth of front, side, and rear yards for each foot that
such structures exceed the district height limit.
37.6
COMMUNICATIONS
ANTENNAS AND SUPPORT STRUCTURES/TOWERS:
A.
In all
residential zoning districts (A, SF-10, SF-8.5, SF-7, SF-PH, D, SFA,
MF and MH), commercial antennas and antenna support structures are
prohibited, except as specified within this Section.
1.
A commercial
antenna may be attached to a utility structure (e.g., electrical transmission/distribution
tower, elevated water storage tank, etc.) exceeding fifty feet (50')
in height, provided that the antenna does not extend more than 10
feet above the height of the utility structure (see 37.6(C) below).
2.
A commercial
antenna may be placed wholly within any building permitted in the
zoning district (see 37.6(C) below). A commercial antenna may be mounted
flush to the exterior of a building/structure if it is painted and/or
disguised to integrate into the overall architectural design and is
not readily visible/identifiable as an antenna from public roadways
or neighboring residential properties.
B.
In nonresidential
zoning districts (O, R, C, HC, LI and HI), commercial antennas and
antenna support structures are allowed as follows:
1.
Commercial
antenna support structures are allowed by right if they do not exceed
the maximum building height allowed for the zoning district in which
they are located. Structures in excess of the height allowed in the
zoning district may be allowed by Specific Use Permit (SUP). In all
nonresidential zoning districts, antenna support structures must meet
the setback requirements from residential districts.
2.
A commercial
antenna may be attached to a utility structure (e.g., electrical transmission/distribution
tower, elevated water storage tank, etc.) exceeding 50 feet in height,
provided that the antenna does not extend more than 10 feet above
the height of the utility structure (see 37.6(C) below).
3.
A commercial
antenna may be placed wholly within any building permitted in the
zoning district (see 37.6(C) below). A commercial antenna may also
be mounted flush to the exterior of a building/structure if it is
painted and/or disguised to integrate into the overall architectural
design and is not readily visible/identifiable as an antenna from
public roadways or neighboring residential properties.
C.
No commercial
antenna support structure shall be closer to any residential district
boundary line or residential dwelling than a distance equal to twice
the height of the support structure. Such setback/distance shall be
measured as the shortest possible distance in a straight line from
the structure to the closest point of a residential district boundary
line or residential dwelling. Setbacks from residentially zoned property
do not apply to antennae attached to utility structures exceeding
fifty feet (50') in height, or to antennae placed wholly within or
mounted upon a building.
D.
No amateur
or commercial antenna, antenna support structure, microwave reflector/antenna,
or associated foundations or support wires or appurtenances shall
be located within any required setback area for the front, side or
rear yards.
E.
The use
of communications antennae (amateur or commercial) shall not infringe
upon adjoining property owners.
F.
Satellite
dishes and other similar antennas shall be permitted on the roof of
a building, as long as satellite dishes do not exceed three feet (3')
in diameter and antennas do not extend over twelve feet (12') above
the roof of the building. Any parabolic or satellite dish antenna
over three feet (3') in diameter may not be mounted on the roof of
a building. Roof-mounted antennae that comply with the above do not
require additional yard setbacks or setbacks from residential areas
or dwellings.
G.
Only
one (1) satellite dish shall be permitted per residential lot or primary
structure, except that a maximum of two (2) dishes shall be allowed
if both units are three feet (3') or less in diameter. Satellite dishes
in any residential district shall not exceed twelve feet (12') in
diameter.
H.
All commercial
signs, flags, lights and attachments other than those required for
communications operations, structural stability, or as required for
flight visibility by the FAA and FCC shall be prohibited on any antenna
or antenna support structure.
I.
All publicly
owned antennae or antenna support structures shall be permitted in
any district (e.g., public safety communications, etc.).
37.7
MINIMUM
DWELLING UNIT AREA:
Minimum dwelling unit areas specified in this Ordinance shall
be computed exclusive of breezeways, garages, open porches, carports
and accessory buildings.
37.8
OPEN
STORAGE AREAS:
Open storage of materials, commodities or equipment (where allowed
in the specific zoning district) shall be located behind the front
building line and shall observe all setback requirements for the main
structure or building. This standard does not apply to outside display
(see definition of outside display in Appendix A-3; see screening
requirements in Section 36.
37.9
SIGHT
VISIBILITY:
A.
Visual
clearance shall be provided in all zoning districts so that no fence,
wall, architectural screen, earth mounding, landscaping or other feature
obstructs the vision of a motor vehicle driver approaching any street,
alley, or driveway intersection. Whenever an intersection of a street(s),
alley, and/or driveway occurs, a triangular visibility area shall
be created. Landscaping, fences, walls, earthen berms and other features
within the triangular visibility area shall be designed so as to provide
unobstructed cross-visibility at a level between twenty-four inches
(24") and eight feet (8') above the ground. The triangular areas are
defined as follows:
1.
Alley
intersects a public street right-of-way -
The areas on
both sides of the intersection of an alley and a public street shall
have a triangular visibility area with two (2) sides of each triangle
being a minimum of ten feet (10') in length from the point of intersection,
and the third side being a line connecting the ends of the other two
(2) sides (see Illustration 12).
2.
Street
intersection or intersection of private driveway onto a public street
-
These areas shall have a triangular visibility area
with two (2) sides of each triangle being a minimum of twenty-five
feet (25') in length along the right-of-way lines (or along the driveway
curbline and the street right-of-way line) from the point of the intersection,
and the third side being a line connecting the ends of the other two
(2) sides (see Illustration 12).
B.
Shrubs
and plant materials that are typically less than twenty-four inches
(24") in height at maturity may be located within sight visibility
areas provided that they are kept maintained at a maximum height of
twenty-four inches (24").
C.
A limited
number of single-trunked trees having a clear trunk (i.e., branching)
height of at least eight feet (8') may be located within sight visibility
areas provided that they are trimmed in such a manner that no limbs
or foliage extend into the cross-visibility area defined above, and
provided that they are spaced and positioned such that their trunks
will not produce a visibility inhibiting, “picket-fence”
effect when they attain mature size.
37.10
NONRESIDENTIAL
STRUCTURES IN RESIDENTIAL DISTRICTS:
A.
Nonresidential
structures (e.g., churches, schools, day care centers, etc.) which
are permitted in residential zoning districts (A, SF-10, SF-8.5, SF-7,
SF-PH, D, SFA, MF and MH) shall be designed and constructed such that
they conform to the development standards set forth in the Retail
(R) zoning district (i.e., with respect to maximum height, minimum
lot size, minimum front/side/rear setbacks, screening, etc.) unless
otherwise stated in this Ordinance.
(Ordinance 782 adopted 2/16/04; Ordinance 2018-1051 adopted 7/16/18)
38.1
All
uses, including those which may be allowed by PD or SUP, shall conform
in operation, location, and construction to appropriate performance
standards for noise, smoke, and particulate matter, odorous matter,
fire, or explosive hazard material, toxic and noxious matter, vibration,
and glare.
38.2
NOISE:
At no point at the bounding property line of any use shall the
sound pressure level of any operation or plant exceed the decibel
limits specified in the Octave Band groups designated in the following
table:
A.
Maximum
Permissible Daytime* Octave Band:
|
Decibel Limits at the Bounding Property Line**
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
Octave Band
|
37
|
75
|
150
|
300
|
600
|
1200
|
2400
|
4800
|
A
|
|
(cps)
|
75
|
150
|
300
|
600
|
1200
|
2400
|
4800
|
9600
|
Scale
|
|
Decibel Band Limit (db re 0.0002 Microbar)
|
86
|
76
|
70
|
65
|
63
|
58
|
55
|
53
|
65
|
|
Note – “A scale” levels are provided for monitoring
purposes only and are not applicable to detailed sound analysis.
|
|
* “Daytime” shall refer to the hours between sunrise
and sunset on any given day.
|
|
** “Bounding Property Line” shall be interpreted
as being at the near side of any street, alley, stream, or other permanently
dedicated open space from the noise source when such open space exists
between the property line of the noise source and adjacent property.
When no such open space exists, the common line between two parcels
of property shall be interpreted as the bounding property line.
|
B.
The following
corrections shall be made to the table of octave band-decibel limits
in determining compliance with the noise level standards.
|
When noise is present at nighttime, subtract (-7db.)
|
|
When noise contains strong pure-tone components or is impulsive,
that is when meter changes at 10 decibels or more per second, subtract
(-7db.)
|
|
When noise is present for not more than the following, add (+10db):
|
|
1/2 minute in any 1/2 hour period
|
|
1 minute in any 1 hour period
|
|
10 minutes in any 2 hour period
|
|
20 minutes in any 4 hour period
|
C.
Measurement
of noise shall be made with a sound level meter on octave band analyzer
meeting the standards prescribed by the American Standards Association.
D.
Exemptions
-
The following uses and activities shall be exempt from
the noise level regulations herein specified.
38.3
SMOKE
AND PARTICULATE MATTER:
No operation or use shall cause, create, or allow the emission
for more than three minutes in any one hour of air contaminants which
at the emission point or within the bounds of the property are:
A.
Of such
density as to obscure an observer’s view to a degree equal to
or greater than does smoke or contaminants in the standard prescribed
by the American Society for Testing Materials (ASTM), except when
the presence of uncombined water is the only reason for failure to
comply or when such contaminants are emitted inside a building which
prevents their escape into the atmosphere.
B.
The emission
of particulate matter from all sources shall not exceed 0.5 pounds
per acre of property within the plant site per any one hour.
C.
Open
storage and open processing operations, including on-site transportation
movements which are the source of wind or air borne dust or other
particulate matter; or which involves dust or other particulate air
contaminants, generating equipment such as used in paint spraying,
grain handling, sand or gravel processing or storage or sand blasting
shall be so conducted that dust and other particulate matter so generated
are not transported across the boundary line of the tract on which
the use is located in concentrations exceeding four grains per 1000
cubic feet of air.
38.4
ODOROUS
MATTER:
A.
No use
shall be located or operated which involves the emission of odorous
matter from a source of operation where the odorous matter exceeds
the odor threshold at the bounding property line or any point beyond
the tract on which such use or operation is located.
B.
The odor
threshold as herein set forth shall be determined by observation by
a person or persons. In any case, where uncertainty may arise or where
the operator or owner of an odor emitting use may disagree with the
enforcing officer or where specific measurement of odor concentration
is required, the method and procedures specified by ASTM shall be
used.
38.5
FIRE
OR EXPLOSIVE HAZARD MATERIAL:
A.
No use
involving the manufacture or storage of compounds or products which
decompose by detonation shall be permitted except that chlorates,
nitrates, perchlorates, phosphorus, and similar substances and compounds
in small quantities for use by industry, school laboratories, druggists
or wholesalers may be permitted when approved by the Fire Chief of
the City of Hutchins.
B.
The storage
and use of all flammable liquids and materials such as pyroxylin plastics,
nitrocellulose film, solvents, and petroleum products shall be permitted
only when such storage or use conforms to the standards and regulations
of the City of Hutchins Fire Code or are approved by the Fire Chief.
38.6
TOXIC
AND NOXIOUS MATTER:
A.
No operation
or use shall emit a concentration across the bounding property line
of the tract on which such operation or use is located of toxic or
noxious matter which will exceed 10 percent of the concentration (exposure)
considered as the threshold limit for an industrial worker as such
standards are set forth by the Texas State Department of Health in
“Threshold Limit Values Occupational Health Regulation No. 3,”
a copy of which is hereby incorporated by reference.
38.7
VIBRATION:
A.
No operation
or use shall at any time create earthborne vibrations which when measured
at the bounding property line of the source operation exceed the limits
of displacement set forth in the following table in the frequency
ranges specified:
|
Frequency Cycles Per Second
|
Displacement in Inches
|
|---|---|
|
0 to 10
|
0.0010
|
|
10 to 20
|
0.0008
|
|
20 to 30
|
0.0005
|
|
30 to 40
|
0.0004
|
|
40 and over
|
0.0003
|
(Ordinance 782 adopted 2/16/04; Ordinance 2018-1051 adopted 7/16/18)
39.1
PURPOSE:
Standards for controlling lighting and glare are set forth to
reduce the annoyance and inconvenience to property owners and traffic
hazards to motorists. These standards are intended to allow reasonable
enjoyment of adjacent and nearby property by their owners and occupants
while requiring adequate levels of lighting of parking areas.
39.2
NONRESIDENTIAL
SITE LIGHTING AND GLARE STANDARDS:
A.
Any use
shall be operated so as not to produce obnoxious and intense glare
or direct illumination across the bounding property line from a visible
source of illumination of such intensity as to create a nuisance or
detract from the use or enjoyment of adjacent property. All outside
lights shall be made up of a light source and reflector so selected
that acting together, the light beam is controlled and not directed
across any bounding property line above a height of three (3) feet.
The allowable maximum intensity measured at the property line of a
residential use in a residential district shall be 0.25 footcandles.
B.
All off-street
parking areas for nonresidential uses in nonresidential districts
which are used after dark shall be illuminated beginning one-half
(1/2) hour after sunset and continuing throughout the hours of business
operation. If only a portion of a parking area is offered for use
after dark, only that part is required to be illuminated in accordance
with these standards. However, the portion offered for use shall be
clearly designated. Lighting within the parking areas shall meet the
following minimum requirements:
1.
Intensity:
a.
Minimum
at any point on the parking area surface to be at least 0.6 footcandles
initial, and at least 0.3 footcandles maintained or one-third (1/3)
of the average, whichever is greater.
b.
Illumination
shall not exceed an average of one (1) footcandle at ground level
and shall distribute not more than 0.25 footcandles of light upon
any adjacent residentially zoned area.
2.
Height:
a.
On
tracts or lots over three (3) acres in size, the maximum height for
poles with lights is thirty-five feet (35').
b.
On
tracts or lots less than three (3) acres, the maximum height of poles
with lights is thirty-five feet (35').
c.
Special
lighting or lighting higher than thirty-five feet (35') may be approved
as specifically noted on a site plan.
39.3
RESIDENTIAL
LIGHTING AND GLARE STANDARDS:
A.
Residential
lighting for security and night recreation use is permitted in all
residential districts provided the following requirements are met:
39.4
LUMINARIES:
A.
Light
sources shall be of a down-light type, indirect, diffused, or shielded
type luminaries installed and maintained so as to reduce glare effect
and consequent interference with use of adjacent properties and boundary
streets. Bare bulbs above seventy-five (75) watts and strings of lamps
are prohibited, except for temporary lighting as provided in 39.5
below.
(Ordinance 782 adopted 2/16/04; Ordinance 2018-1051 adopted 7/16/18)
40.1
PURPOSE:
Standards for controlling home occupations are set forth to
minimize annoyance and inconvenience to neighboring property owners
within residential areas. These standards are intended to allow reasonable
and comfortable enjoyment of adjacent and nearby property by their
owners and by occupants of neighboring residential dwellings, while
providing opportunities for the pursuit of home-based businesses.
40.2
SPECIAL
PROVISIONS FOR HOME OCCUPATIONS:
A.
Home
occupations shall be permitted as accessory uses in single-family,
two-family and multifamily residential zoning districts (i.e., A,
SF-10, SF-8.5, SF-7, SF-PH, D, SFA, MF and MID provided that they
comply with all restrictions herein;
B.
The occupation
shall produce no alteration or change in the character or exterior
appearance of the principal building from that of a residential dwelling,
and performance of the occupation activity shall not be visible from
the street;
C.
Such
use shall be incidental and secondary to the use of the premises for
residential purposes;
D.
The occupation
shall not employ more than one (1) person who is not a member of the
household in which the home occupation occurs;
E.
Not more
than two (2) patron or business-related vehicles shall be present
at one time, and the proprietor shall provide adequate off-street
parking on the property where the use is located;
F.
The operation
of such an occupation shall be between the hours of 7:00 a.m. and
10:00 p.m.;
G.
One commercial
vehicle, capacity of one ton or less (according to the manufacturer’s
classification), may be used or parked (behind the front building
line) on the property in connection with the home occupation, but
said vehicle may not be parked in the street or within the front yard
setback;
H.
The occupation
activity shall not increase vehicular traffic flow beyond what normally
occurs within a residential district, and shall not require regular
and frequent deliveries by large delivery trucks or vehicles with
a rated capacity in excess of one and one-half tons, according to
the manufacturer’s classification;
I.
There
shall be no outside storage, including trailers, or outside display
related to the home occupation use;
J.
No mechanical
or electrical equipment shall be employed on the premises other than
that which is customarily found in a home environment, and that which
is customarily associated with a hobby or avocation which is conducted
solely for pleasure and not for profit or financial gain;
K.
The home
occupation shall not generate noise, vibration, glare, fumes/odors,
heat or electrical interference beyond what normally occurs within
a residential district;
L.
The occupation
shall not require the use of chemicals on the property that are obnoxious
or hazardous to the welfare of the neighborhood;
M.
The home
occupation shall not use advertising signs or window displays, or
any other device that calls attention to the business use of the premises
through audio and/or visual means, except that one (1) sign not exceeding
one hundred and forty-four (144) square inches may be displayed;
N.
The occupation
shall not offer a ready inventory of any commodity for sale on the
premises unless the commodity is made/assembled on site (e.g., arts
and crafts items, handmade clothing, etc.); and
40.3
APPLICABILITY
OF OTHER REGULATIONS:
Home occupations may also be subject to any and all other provisions
of local regulations and laws that govern such uses.
40.4
USES
ALLOWED AS HOME OCCUPATIONS:
Subject to the provisions of Section 40.2 above, home occupations
may include the following uses:
A.
Office
facility of an accountant, architect, landscape architect, attorney,
engineer, consultant, insurance agent, realtor, broker, or similar
profession;
B.
Author,
artist or sculptor;
C.
Dressmaker,
seamstress or tailor;
D.
Music/dance
teacher, or similar types of instruction, provided that instruction
shall be limited to no more than one pupil at a time;
E.
Individual
tutoring and home schooling (maximum of four students who are not
related by blood or marriage to the owner/occupant of the residence);
F.
Millinery;
G.
Office
facility of a minister, rabbi, priest or other clergyman;
H.
Home
crafts, such as rug weaving, model making, etc.;
I.
Office
facility of a salesman, sales or manufacturer’s representative,
etc., provided that no retail or wholesale transactions or provision
of services are personally and physically made on the premises;
J.
Repair
shop for small electrical appliances, cameras, watches/clocks, and
other small items, provided that the items can be carried by one person
without using special equipment, and provided that the items are not
equipped with an internal combustion engine;
K.
Registered
Family Homes (see definition in Appendix A-3), in compliance with
applicable State laws, which are incorporated herein by reference,
with no more than six (6) children;
L.
Swimming
lessons and water safety instruction, provided that such instruction
involves no more than six (6) pupils at any one time; and
M.
Bed and
Breakfast Facility (see definition in Appendix A-3), provided that
no more than five (5) guests are accommodated/served at a time.
40.5
USES
PROHIBITED AS HOME OCCUPATIONS:
Home occupations shall not, in any event, be deemed to include
the following uses:
A.
Animal
hospitals or clinics, commercial stables, or kennels;
B.
Schooling
or instruction, except swimming/water safety classes and home schooling,
with more than one pupil at a time;
C.
Restaurants
or on-premises food or beverage (including Private Clubs) consumption
of any kind, except for limited food/meal consumption associated with
the operation of a licensed registered family home or a bed and breakfast
facility;
D.
Automobile,
boat or trailer paint or repair shop; small engine or motorcycle repair
shop; welding shop; large household appliance repair shop; or other
similar type of business;
E.
Office
facility for a veterinarian;
F.
On-premises
retail or wholesale sales of any kind, except for items that are produced
entirely on the premises in conformance with this Ordinance, and except
for occasional garage sales;
G.
Commercial
clothing laundering or cleaning;
H.
Mortuaries
or funeral homes;
I.
Trailer,
vehicle, tool or equipment rentals;
J.
Repair
shops or services, except as specifically provided in Section 40.4
above;
K.
Drapery
or furniture upholstery shops;
L.
Antique,
gift or specialty shops;
M.
Repair
shops for any items having internal combustion engines;
N.
Doctor
or dentist office; and
O.
Any use
that would be defined by the Building Code as an Assembly, Factory/Industrial,
Hazardous, Institutional or Mercantile occupancy.
40.6
HOME
OCCUPATION USES NOT CLASSIFIED:
A.
Any use
that is not either expressly allowed nor expressly prohibited by Sections
40.4 and 40.5, respectively, is considered prohibited, unless and
until such use is classified by amendment to this Ordinance by the
Hutchins City Council, subsequent to an affirmative recommendation
by the Planning and Zoning Commission.
40.7
EFFECT
OF SECTION 40 UPON EXISTING HOME OCCUPATIONS:
A.
Any home
occupation that was legally in existence as of the effective date
of this Ordinance and that is not in full conformity with the provisions
herein shall be deemed a legal nonconforming use, and is subject to
the provisions of Section 7 provided that the owner/proprietor of
such home occupation register his/her business with the City within
ninety (90) days of the effective date of this Ordinance, and provided
that the home occupation use was not in violation of any other local,
State or Federal law or regulation on that date. Proof of the existence
of such home occupation use prior to the effective date of this Ordinance
shall be required upon registration.
B.
Any home
occupation that was legally in existence as of the effective date
of this Ordinance and that conforms with (i.e., is not in violation
of) the provisions herein shall be hereby authorized to continue,
provided that the home occupation use is registered with the City
as described in Subsection A above.
(Ordinance 782 adopted 2/16/04; Ordinance 2018-1051 adopted 7/16/18)
41.1
EXTERIOR
CONSTRUCTION MATERIALS:
A.
Definitions
-
For the purpose of this Section, the following definitions
shall apply:
1.
Masonry
Construction
shall include all construction of stone
material, brick material, concrete masonry units, or concrete panel
construction, which is composed of solid, cavity, faced, or veneered-wall
construction.
The standards for masonry construction types are listed below:
a.
Stone Material -
Masonry construction using stone material
may consist of granite, marble, limestone, slate, river rock, and
other hard and durable naturally occurring all-weather stone. Cut
stone and dimensioned stone techniques are acceptable.
b.
Brick Material -
Brick material used for masonry construction
shall be hard fired (i.e., kiln fired) clay or slate material which
meets the latest version of ASTM standard C216, Standard Specification
for Facing Brick (Solid Masonry Unit Made of Clay or Shale), and shall
be Severe Weather (SW) grade, and Type FBA or FBS or better. Unfired
or underfired clay, sand or shale brick are not allowed.
c.
Concrete Masonry Units -
Concrete masonry units used
for masonry construction shall meet the latest version of the following
applicable specifications; ASTM C90, Standard Specification for Hollow
Load Bearing Concrete Masonry Units; ASTM C145, Standard Specification
for Solid Load Bearing Masonry Units; ASTM C129, Standard Specification
for Hollow and Solid Nonload Bearing Units. Concrete masonry units
shall have an indented, hammered, split face finish or other similar
architectural finish as approved by the City Council. Lightweight
concrete block or cinder block construction is not acceptable as an
exterior finish.
d.
Concrete Panel Construction -
Concrete finish, pre-cast
panel, tilt wall, or cementitious composition reinforced panel construction
shall be painted, fluted or exposed aggregate. Smooth or untextured
concrete finishes are not acceptable unless painted.
2.
Glass
and Metal Standards are as follows:
a.
Glass walls
shall include glass curtain walls or glass
block construction. Glass curtain wall shall be defined as an exterior
wall which carries no structural loads, and which may consist of the
combination of metal, glass, or other surfacing material supported
in a metal framework.
b.
Metal walls
shall include profiled panels, deep ribbed
panels, and concealed fastener systems. Exterior finish shall be film
laminated or baked-on enamel painted to the wall manufacturer’s
standards.
41.2
CONSTRUCTION
STANDARDS:
A.
Construction
Standards -
The standards and criteria contained within
this section are deemed to be minimum standards and shall apply to
all new, altered or repaired construction occurring within the City.
1.
Residential:
a.
All
residential buildings and structures shall be of exterior fire resistant
construction having at least ninety percent (90%) of the total exterior
walls, excluding doors and windows, constructed of brick, stone, or
material of equal characteristics in accordance with the City’s
Building and Fire Codes. Strict adherence to this rule shall not be
such as to prevent architectural creativity.
b.
All
principal buildings and structures located in the MF districts shall
be of exterior fire resistant construction having at least ninety
percent (90%) of the total exterior walls, excluding doors and windows,
constructed of brick, stone, or other material of equal characteristics
in accordance with the City’s Building and Fire Codes.
c.
Concrete
or metal exterior construction is not permitted on any residential
structure.
d.
Exemptions:
(1)
Accessory buildings two hundred and forty (240) square feet or less
are excluded from these provisions.
(2)
Barns on property of three (3) acres or more, provided that such
barns are used solely for agricultural purposes as distinguished from
commercial or industrial purposes, shall be exempt from provisions
of this Section.
(3)
Mobile homes otherwise lawfully existing under the provisions of
the Zoning Ordinance shall also be excluded from provision of this
Section.
(4)
Historic structures
2.
Nonresidential:
a.
All
nonresidential structures shall be of exterior fire resistant construction
having at least fifty percent (50%) of the total exterior walls above
grade level, excluding doors and windows, constructed of masonry or
glass wall construction, in accordance with the City’s Building
and Fire Codes. Strict adherence to this requirement shall not be
such as to prevent architectural creativity. Structures in the Light
Industrial (LI) and Heavy Industrial (HI) zoning districts shall have
at least twenty-five percent (25%) exterior masonry or glass wall
construction, provided that the required masonry or glass wall materials
are used on the front facade(s) (i.e., on the facade(s) facing the
street). Use of metal exterior construction materials may be permitted
by the City Council by SUP only.
b.
[Reserved]
c.
Temporary
Construction Buildings - Temporary buildings and temporary building
material storage areas to be used for construction purposes may be
permitted for a specific period of time in accordance with a permit
issued by the City’s Building Official and subject to periodic
renewal by the Building Official for cause shown. Upon completion
or abandonment of construction or expiration of permit, such field
offices/buildings and material storage areas shall be removed at the
satisfaction of the Building Official.
B.
Procedure
for Determining Alternative Exterior Materials:
1.
All
requests for alternative exterior building materials shall be noted
and described on the site plan. If requested by the City, a sample(s)
of the proposed exterior finish material(s) may be required to be
submitted with the site plan.
2.
The
City may approve an alternative exterior material if it is determined
to be equivalent or better than the exterior materials cited in Subsection
41.2A.2.b.[sic] above as part of the approval of the site plan.
3.
Consideration
for exceptions to the above requirements shall be based only on the
following:
4.
The
request shall be reviewed by the Zoning Board of Adjustments.
C.
Single-Family
Residential Architectural Standards
1.
Repetition
of Facade:
a.
No
front building elevation or plan for a single-family detached dwelling
shall be repeated within a block face (including both sides of the
street) or within 750 feet along a street or streets.
b.
The
750 foot distance along a street shall be measured from the centerline
of the street on which the proposed structure faces at a point perpendicular
to the center point of the lot to contain the structure, thence along
the centerline of such street or along any intersecting street for
a distance of 750 feet.
2.
Criteria
for Determining Difference in Elevation:
a.
A
front building elevation or elevation plan shall be considered repeated
if it is not visually different from another front building elevation
or elevation plan.
b.
A
front building elevation or elevation plan shall be considered visually
different if any three of the following four criteria are met:
(1)
Three (3) or more of the articulated elements constituting the roof
(e.g., ridges, turrets, hips, and valleys) vary in placement by at
least 24 inches, or in geometric shape by volume of at least 20 percent,
or in angles by at least 30 degrees, or there is a difference in roof
pitch of two (2) inches per 12 inches or greater.
(2)
Articulations in the front facade vary in height or width by a minimum
of 15 percent.
(3)
The articulation of the windows vary by at least two (2) of the following
methods: the aggregate area of windows on the front facade varies
by at least 15 percent, or the distance between two (2) or more windows
varies by at least 10 percent, or the shape of two (2) or more windows
varies in width or height or radius by at least 15 percent.
(4)
The size, shape, or mix of Masonry units (i.e., individual bricks
or blocks of stone) vary by at least 15 percent.
3.
Reversal
of a Building Plan.
A front building elevation plan may
be reversed once within a block face (including both sides of the
street) or within 750 feet along a street or streets in order to meet
the difference in elevation criteria in Subsection 41.2C2.
4.
Variations
Not Considered.
Color or roofing materials shall not
be considered in determining whether a building elevation for a residential
dwelling is dissimilar.
5.
Determination
by Building Official.
a.
The
Building Official shall have discretion to approve minor variations
in the requirements of this subsection, so long as those variations
are consistent with the overall intent of this subsection.
b.
The
following process shall be used to approve a front building elevation
plan:
(1)
The Applicant shall submit a dimensioned rendering of the front building
elevation to the Building Official.
(2)
The Building Official shall determine the elevation plans compliance
with this Section and issue an elevation plan approval letter or disapproval
letter to the Applicant.
(3)
The Applicant shall prepare and submit construction plans to the
Building Official, who shall process the plans in accordance with
City ordinances and policies.
(4)
The elevation plan approval letter, if issued shall remain in effect
until the completion of the construction plan approval process and
the issuance of the Building Permit for the proposed house.
(5)
Complete construction plans shall be submitted to the Building Official
within 30 days of the date of the approval letter. If construction
plans are not submitted within such period, the elevation plan approval
expires.
(6)
Construction plans shall be consistent with the approved elevation
plan. If construction plans are inconsistent, consistent plans shall
be submitted, or a new elevation plan must be approved for the construction
plans under the criteria of this Section.
(Ordinance 782 adopted 2/16/04; Ordinance 2018-1051 adopted 7/16/18)
