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.

RESIDENTIAL DISTRICTS – SPECIAL OFF-STREET PARKING PROVISIONS:

Definitions.

The following definitions shall apply as used in this Section:

Approved connection

shall mean the driving surface located between a residential structure's driveway, alley or street and an improved or limited parking surface.

Concrete pavers

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.

Driveway

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.

Front yard

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.

Improved parking surface

shall mean:

Reinforced concrete as approved by the City; or

Concrete pavers.

Runners, as defined herein, are not improved parking surface.

Limited parking surface

shall mean:

Reinforced concrete as approved by the City; or

Concrete pavers.

Runners

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.

Notice

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.

Required off-street parking shall be provided on the same site as the use it is to serve.

All driveways and approaches to parking spaces shall be similarly paved, except in the A district.

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).

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.

Parking on unimproved surfaces prohibited.

A person commits an offense if, within a residential district the person causes, suffers, permits, or allows the parking of any motor vehicle or trailer upon any surface other than:

Limited parking surface in a residential rear yard; or

Improved parking surface elsewhere.

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.

It is an affirmative defense to prosecution under this subsection if:

The yard is on property which is used for agricultural purposes or zoned agricultural; or

All of the following conditions exist:

The home was built on or before January 1, 1980;

ii.

The surface parked upon was part of the original driveway when the home was built; and

iii.

The surface parked upon is limited parking surface and was originally composed of gravel, asphalt or macadam when the home was built.

Excessive driveway prohibited.

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.

It is an affirmative defense to prosecution under this subsection that:

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

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.

Abatement and appeal.

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:

After notice is given for a violation in a front yard or a violation visible from a public right-of-way; or

Within ten (10) days after notice is given for a violation elsewhere on the property.

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.

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:

Uphold the determination of the City;

Approve alternative paving materials where such materials are demonstrated to meet or exceed the requirements of this section; or

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.

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:

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.

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).

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.

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:

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.

Parallel: Eight feet (8') by twenty-two feet (22')

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.

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.

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.

Handicap parking space(s) shall be provided according to building codes, State laws, and requirements of the Americans with Disabilities Act (ADA).

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).

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.

Off-street stacking requirements for drive-through facilities:

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”).

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).

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.

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.

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.

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.

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.

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.

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:

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.

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.

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.

The determination of additional right-of-way or paving requirements shall be made at the time the final site plan is submitted for approval.

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.

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:

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:

Automobile parts sales (indoors):

One (1) space per two hundred (200) square feet of indoor floor area

Automobile sales or service:

See Motor-Vehicle Sales

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.)

Bed and breakfast facility:

One (1) space per guest room in addition to the requirements for a normal residential use

Bowling alley or center:

Six (6) parking spaces for each alley or lane

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.

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

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.)

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:

Racquetball or handball courts -

Three (3) spaces for each court

Indoor tennis courts -

Six (6) spaces for each court

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

Swimming pool -

One (1) space for each one hundred (100) square feet of gross water surface and deck area

Weight lifting or exercise areas -

One (1) space for each one hundred (100) square feet

Indoor jogging or running tracks -

One (1) space for each one hundred (100) linear feet

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))

Amusement center -

One (1) space for each game table and one (1) space for each amusement device

Health club, health spa or exercise club -

One (1) space per one hundred fifty (150) square feet of floor area

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

Golf course -

Four (4) parking spaces per hole or green plus requirements for retail, office, and club house areas and one (1) space per each two (2) employees

Golf driving range -

One and one-half (1 1/2) spaces for each driving tee

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:

“Floor Area” shall mean the gross floor area of the specific use.

“Seat” shall be interpreted as follows:

For fixed (e.g., church pews, grandstands, benches, etc.) seating, one seat equals one and one-half (1.5) feet of length; and

For flexible (e.g., folding chairs, etc.) seating areas, one seat equals eight (8) square feet of floor area occupied by such seating area. (includes aisles).

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.

Where fractional spaces result, the parking spaces required shall be construed to be the next higher whole number.

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.

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.

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.

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:

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.

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:

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:

That a permanent, irrevocable easement of the parking facilities in favor of the premises to be benefited shall be dedicated and recorded as a condition of such use, or

That a long-term Remote Parking Lease Agreement be provided upon approval by the City as a condition of such use.

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:

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:

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

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:

Screening shall be a brick/masonry wall not less than ten feet (10') in height.

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.

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.

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.

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]

33.12

CARPORTS:

Any carport which may be permitted as prescribed by other Sections of this Ordinance shall be constructed of the same material as the main structure.

A carport shall be constructed with a similar roof pitch and trim as the main structure.

(Ordinance 782 adopted 2/16/04; Ordinance 2014-0967 adopted 11/3/14; Ordinance 2018-1051 adopted 7/16/18)

§ 34 LANDSCAPE REQUIREMENTS.

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:

Minimum scale of one inch (1") equals fifty feet (50'); show scale in both written and graphic form.

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).

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

Species and common names of all plant materials to be used

Size of all plant material to be used (container size, planted height, etc.)

Spacing of plant material where appropriate

Layout and description of irrigation, sprinkler, or water systems including location of water sources

Description of maintenance provisions

Name and address of the person(s) responsible for the preparation of the landscape plan

North arrow/symbol, and a small map showing where the property is located

Date of the landscape plan

34.5

GENERAL STANDARDS:

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

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.

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.

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.

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).

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.

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.

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.

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.

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:

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.

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.

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.

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.

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.

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:

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.

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.

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:

Said trees are injured, dying, diseased or excessively infested with harmful insects; or

Said trees are in danger of falling, interfering with utility services, or creating an unsafe visual obstruction; or

Said trees create a hazardous or dangerous condition so as to endanger the public health, safety or welfare.

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.

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.

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.

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:

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.

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.

Denial of an application for a Tree Removal Permit may be appealed (in writing) to the City Council.

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:

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.

Landscaping, except required grass and low ground cover, shall not be located closer than three feet (3') from the edge of any accessway pavement.

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:

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.

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 ACCESSORY BUILDING AND USE REGULATIONS.

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:

The accessory dwelling unit must be constructed to the rear of the main dwelling, separate from the main dwelling.

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.

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.

Setback requirements shall be the same as for the main structure.

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:

Size of Yards:

Front Yard:

Detached accessory buildings shall be prohibited in front of the main building.

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.

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').

Carports shall be measured from the posts supporting the roof nearest to the street or alley. (See Illustration 4).

Accessory buildings are not permitted without a main structure.

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.

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.

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 FENCING, WALLS AND SCREENING REQUIREMENTS.

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:

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.

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.

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.

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.

Alternative equivalent screening may be approved through the site plan approval process, Section 12.

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.

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).

All fences require permits. An administrative fee must be paid at the time of permit application (see Appendix A-6).

See Section 37.9 for sight visibility requirements for fences and screening walls.

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.)

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:

Solid masonry (brick, concrete block or concrete panels)

Chain link with solid landscape screening (opaque within three years of planting)

Wrought iron with solid landscape screening (opaque within three years of planting)

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.

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.

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:

Any fence or wall located to the rear of the minimum required front yard line shall not exceed eight feet (8') in height.

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.

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.

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.

All fences require permits. An administrative fee must be paid at the time of permit application (see Appendix A-6).

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.

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").

Gates designed for vehicular access shall be set back from the property line a minimum of twenty-five feet (25').

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.

See Section 37.9 for sight visibility requirements for fences and screening walls.

Special purpose fencing, such as fencing around tennis courts, is permitted (permit required).

Fencing shall not be constructed of the following prohibited materials;[:]

Razor wire;

Welded or woven wire such as chicken wire, hog wire, stockade panels and similar agricultural wires;

Used materials; or,

Galvanized sheet metal, corrugated metal, or corrugated fiberglass.

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:

Any fence constructed of any prohibited materials as listed in subsection (L) herein;

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;

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

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 SUPPLEMENTAL REGULATIONS.

37.1

Measuring Setbacks -

All setback measurements shall be made in accordance with Illustrations 6, 7 and 8.

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:

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.

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.

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).

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.

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.

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:

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.

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.

37.4

REAR YARDS:

Slabs, driveways, porches and similar surfaces may be constructed in the rear yard area.

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.

37.5

SPECIAL HEIGHT REGULATIONS:

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:

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.

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).

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.

In nonresidential zoning districts (O, R, C, HC, LI and HI), commercial antennas and antenna support structures are allowed as follows:

Commercial antenna support structures are allowed by right if they do not exceed the maximum building height allowed for the zoning district in which they are located. Structures in excess of the height allowed in the zoning district may be allowed by Specific Use Permit (SUP). In all nonresidential zoning districts, antenna support structures must meet the setback requirements from residential districts.

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).

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.

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.

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.

The use of communications antennae (amateur or commercial) shall not infringe upon adjoining property owners.

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.

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.

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.

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:

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:

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).

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).

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").

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:

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 PERFORMANCE STANDARDS.

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:

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.

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

Measurement of noise shall be made with a sound level meter on octave band analyzer meeting the standards prescribed by the American Standards Association.

Exemptions -

The following uses and activities shall be exempt from the noise level regulations herein specified.

Noises not directly under control of the property user.

Noises emanating from construction and maintenance activities between the hours of 6:00 a.m. and 6:00 p.m. (daylight hours).

Noises of safety signals, warning devices and emergency pressure relief valves.

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:

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.

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.

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:

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.

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:

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.

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:

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:

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 LIGHTING AND GLARE STANDARDS.

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:

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.

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:

Intensity:

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.

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.

Height:

On tracts or lots over three (3) acres in size, the maximum height for poles with lights is thirty-five feet (35').

On tracts or lots less than three (3) acres, the maximum height of poles with lights is thirty-five feet (35').

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:

Residential lighting for security and night recreation use is permitted in all residential districts provided the following requirements are met:

Direct lighting over ten feet (10') in height is shielded from adjacent property.

No light source shall exceed thirty-five feet (35') in height. Street lights and other traffic safety lighting are exempt from this standard.

Lighting shall not directly shine on adjacent dwellings.

39.4

LUMINARIES:

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.

39.5

SPECIAL OR TEMPORARY LIGHTING – LOW WATTAGE:

Bare bulbs or strings of lights are permitted during holidays and special events.

(Ordinance 782 adopted 2/16/04; Ordinance 2018-1051 adopted 7/16/18)

§ 40 HOME OCCUPATION REGULATIONS.

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:

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;

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;

Such use shall be incidental and secondary to the use of the premises for residential purposes;

The occupation shall not employ more than one (1) person who is not a member of the household in which the home occupation occurs;

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;

The operation of such an occupation shall be between the hours of 7:00 a.m. and 10:00 p.m.;

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;

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;

There shall be no outside storage, including trailers, or outside display related to the home occupation use;

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;

The home occupation shall not generate noise, vibration, glare, fumes/odors, heat or electrical interference beyond what normally occurs within a residential district;

The occupation shall not require the use of chemicals on the property that are obnoxious or hazardous to the welfare of the neighborhood;

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;

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:

Office facility of an accountant, architect, landscape architect, attorney, engineer, consultant, insurance agent, realtor, broker, or similar profession;

Author, artist or sculptor;

Dressmaker, seamstress or tailor;

Music/dance teacher, or similar types of instruction, provided that instruction shall be limited to no more than one pupil at a time;

Individual tutoring and home schooling (maximum of four students who are not related by blood or marriage to the owner/occupant of the residence);

Millinery;

Office facility of a minister, rabbi, priest or other clergyman;

Home crafts, such as rug weaving, model making, etc.;

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;

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;

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;

Swimming lessons and water safety instruction, provided that such instruction involves no more than six (6) pupils at any one time; and

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:

Animal hospitals or clinics, commercial stables, or kennels;

Schooling or instruction, except swimming/water safety classes and home schooling, with more than one pupil at a time;

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;

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;

Office facility for a veterinarian;

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;

Commercial clothing laundering or cleaning;

Mortuaries or funeral homes;

Trailer, vehicle, tool or equipment rentals;

Repair shops or services, except as specifically provided in Section 40.4 above;

Drapery or furniture upholstery shops;

Antique, gift or specialty shops;

Repair shops for any items having internal combustion engines;

Doctor or dentist office; and

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:

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:

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.

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 EXTERIOR CONSTRUCTION STANDARDS.

41.1

EXTERIOR CONSTRUCTION MATERIALS:

Definitions -

For the purpose of this Section, the following definitions shall apply:

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:

Stone Material -

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

Brick Material -

Brick material used for masonry construction shall be hard fired (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.

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.

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.

Glass and Metal Standards are as follows:

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.

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.

(1)

The use of corrugated metal, plastic, or fiberglass panels is prohibited.

(2)

The use of galvanized, aluminum coated, zinc-aluminum coated or unpainted exterior metal finish is prohibited.

41.2

CONSTRUCTION STANDARDS:

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.

Residential:

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.

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.

Concrete or metal exterior construction is not permitted on any residential structure.

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

Nonresidential:

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.

[Reserved]

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.

Procedure for Determining Alternative Exterior Materials:

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.

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.

Consideration for exceptions to the above requirements shall be based only on the following:

Architectural design and creativity

Compatibility with surrounding developed properties

Architectural variances may be considered for, but not limited to, “gingerbread”, Victorian, English Tudor or “log” designs.

The request shall be reviewed by the Zoning Board of Adjustments.

Single-Family Residential Architectural Standards

Repetition of Facade:

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.

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.

Criteria for Determining Difference in Elevation:

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.

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.

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.

Variations Not Considered.

Color or roofing materials shall not be considered in determining whether a building elevation for a residential dwelling is dissimilar.

Determination by Building Official.

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.

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)