Exhibit 14A Zoning Ordinance

Creation.

There is hereby created a board of adjustment which shall be organized, appointed, and function as follows:

The board of adjustment shall consist of five members who are residents of the City of Aubrey, each to be appointed by the City Council for a term of two years and removable for cause by the appointing authority upon written charges and after public hearing. The City Council shall designate one member as chairman and one member as vice-chairman. Vacancies shall be filled for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment was made. Provided, however, that the City Council may appoint a minimum of two alternate members and a maximum of four who shall serve in the absence of one or more of the regular members when requested to do so by the chairman or Mayor, as the case may be.

The terms of three members shall expire in May of each odd-numbered near [year] and the terms of two of the members shall expire in May of each even-numbered year. Members may be appointed to succeed themselves. Vacancies shall be filled for unexpired terms, but no member shall be appointed for a term in excess of two years. Newly appointed members shall be installed at the first meeting after their appointment. If the City has already appointed persons to serve on the board of adjustment at the time that the ordinance setting forth this subsection as amended is adopted, those persons shall continue to serve on the board of adjustment unless replaced or removed as provided under this ordinance.

The City Council may remove a member of the board of adjustment at any time for cause, as found by the City Council, on a written charge after a public hearing.

Organization.

The board of adjustment shall hold an organizational meeting in May of each year and shall meet as necessary. The board of adjustment shall adopt its own rules of procedure and keep a record of its proceedings consistent with applicable law. Meetings shall comply with applicable state law including the Open Meetings Act.

Powers and Duties of Board.

Appeals Based on Error:

The board of adjustment shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by an administrative official of the City in the enforcement of this ordinance.

Limitation on Resubmittals:

When the board of adjustment has denied an application, no resubmittal of the application or new application of a similar nature shall be accepted by the board of adjustment or scheduled for 12 months after the date of denial. Notwithstanding the foregoing, the board of adjustment may, at its discretion, accept resubmittal of an application or a new application of a similar nature relating to an application that is withdrawn during a board of adjustment meeting or hearing. Applications which have been withdrawn before the board of adjustment meeting may be resubmitted at any time for hearing before the board of adjustment.

Vote of Four Members Required:

The concurring vote of four members of the board of adjustment is necessary to:

reverse an order, requirement, decision or determination of the administrative official;

decide in favor of an applicant on a matter on which the board of adjustment is required to pass; or

authorize a variation from the terms of this ordinance.

Procedure.

Appeals may be taken to and before the board of adjustment by any person aggrieved, or by any officer, department, board or bureau in the City. Such appeal shall be made by filing in the office of the City Secretary a notice of appeal and specifying the grounds thereof. The office or department from which the appeal is taken shall forthwith transmit to the board of adjustment all of the papers constituting the record from which the action appealed was taken.

Stay of Proceedings:

An appeal shall stay all proceedings in furtherance of the action appealed from unless the administrative official shall certify to the board of adjustment that, by reason of facts in the certificate, a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order, which may be granted or by [granted by] a court of equity, after notice to the office from whom the appeal originated.

Notice of Hearing on Appeal:

The board of adjustment shall fix a reasonable time for the hearing of the appeal or other matter referred to, it. and shall mail notices of such hearing to the petitioner and to the owners of property lying within 200 feet of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the board of adjustment to be affected thereby, such owners and persons being determined according to the current tax rolls of the City. Depositing of such written notice in the mail shall be deemed sufficient compliance therewith.

Decision by board of adjustment:

The board of adjustment shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The board of adjustment may reverse or affirm wholly or partly or may modify the order, requirements, decision, or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer or department from whom the appeal is taken.

All official actions by the board of adjustment shall be recorded in meeting minutes and all such actions shall further be in the form of a written order of the board of adjustment, which shall be filed in the office of the board of adjustment as soon as is practicable after the order has been duly approved by the board of adjustment. For purpose of filing such orders, the office of the board of adjustment shall be deemed to be the office of the City Secretary of the City of Aubrey.

Variances.

The board of adjustment shall have the power to authorize, upon appeal in specific cases, such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship and so that the spirit of this ordinance shall be observed and substantial justice done, including the following: (i) the full provision of parking or loading facilities; or (ii) when such regulations would impose an unreasonable hardship upon the use of the lot. The board of adjustment shall not waive or reduce such requirements merely for the purpose of granting an advantage or a convenience.

A written application for variance shall be submitted together with the required fee, accompanied by an accurate legal description, maps, site plans, drawings and any necessary data, demonstrating:

that special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;

that literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance;

that the special conditions and circumstances do not result from the actions of the applicant;

that granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district; and

no nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

Changes

The board of adjustment shall have no authority to change any provisions of this ordinance and its jurisdiction is limited to: (1) hardship and borderline cases which may arise from time to time; and (2) presiding over proceedings and performing other functions as specified in this ordinance or another applicable ordinance. The board may not change the district designation of any land either to a more or less restrictive zone.

It is the intent of this ordinance that all questions of interpretation and enforcement shall be first presented to the administrative official, that such questions shall be presented to the board of adjustment only on appeal from the decision of the administrative official and that recourse from the decisions of the board of adjustment shall be to the courts as provided by the laws of the State of Texas.

FEES.

The City Council shall, by resolution, establish a schedule of fees, charges, and expenses and a collection procedure for the administration, permits, certificates of occupancy, zoning change requests, and other matters pertaining to this Ordinance. The schedule of fees shall be posted in the office of the zoning administrative official, and may be altered or amended only by action of the City Council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

(Ordinance 135-87 adopted 4/14/87; Ordinance 474-12, sec. 2.01, adopted 8/21/12; Ordinance 547-14 adopted 12/16/14)

§ 4 DEFINITIONS.

For the purpose of this Ordinance, certain terms and words are defined and shall have the meanings ascribed in this Ordinance unless it is apparent from the context that different meanings are intended:. Definitions not expressly prescribed herein are to be determined in accordance with customary usage in municipal planning and engineering practices. If no such customary usage exists, the definition found in the latest edition of Webster’s Dictionary shall be used.

Accessory Building -

means a subordinate building the use of which is incidental to that of the main building on the same lot.

Administrative Official -

is the officer or other designated authority charged with the administration and enforcement of this Ordinance, or his duly authorized representative.

Alley -

is a public minor way which is used primarily for secondary vehicular service access to the back or side of properties otherwise abutting on a street or highway.

Apartment -

is a room or suite of rooms in an apartment house arranged, designed or occupied as a dwelling unit residence by a single family, individual, or group of individuals living together as a single housekeeping unit.

Apartment Hotel -

is an apartment house which furnishes services for the use of tenants which are ordinarily furnished by hotels.

Apartment House -

is any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as three (3) or more apartments or dwelling units or which is occupied as the home or residence of three (3) or more families living independently of each other and maintaining separate cooking facilities.

Automobile Repair, Major -

is any area used for general repair, rebuilding or reconditioning engines, motor vehicles, trailers; collision services, including body, frame or fender straightening or repair; overall painting or paint shop; vehicle steam cleaning.

Automobile Repair, Minor -

is any area used for minor repair or replacement of parts, tires, tubes, batteries and minor motor services such as grease, oil, spark plug and filter changing of passenger cars and trucks not exceeding one and one-half (1-1/2) ton capacity, but not including any operation named under “automobile repair, major” or any other similar use thereto.

Automobile Sales Area -

is an open area or lot used for the display or sale of automobiles, where no work is done.

Automobile Service Station -

is any building and/or premises where gasoline, oil, grease, batteries, tires and accessories may be supplied and dispensed at retail, including the servicing of vehicles designed or calculated to be performed by the customer. In addition, the following services may be rendered and sales made and no other:

Sale and service of spark plugs, batteries and distributors and distributor parts;.

Tire servicing and repair, but not recapping or regrooving;

Replacement or adjustment of automobile accessories;

Radiator cleaning and flushing; provision of water; antifreeze and other additives;

Washing and polishing and sale of automotive washing and polishing materials;

Greasing and lubrication;

Providing and repairing fuel pumps, oil pumps and lines;

Servicing and repair of carburetors;

Adjusting and repairing brakes;

(j)

Emergency wiring repairs;

(k)

Motor adjustments not involving removal of head or crankcase;

(l)

Trailer rental;

(m)

Provision of cold drinks, packaged foods, tobacco and similar convenience goods for customers, but only as accessory and incidental to the principal operation;

(n)

Provision of road maps and other information material;

(o)

Provision of restroom facilities;

(p)

Parking lot as an accessory use;

(q)

Wrecker service; and

(r)

Uses permissible at a service station do not include body work; transmission or brake overhauling; straightening of frames or body parts; steam cleaning, painting, welding, storage of automobiles not in operating condition nor the operation of a commercial garage as an accessory use.

Automobile Wash or Laundry -

See Carwash.

Basement -

is a building story the floor line of which is below grade at any entrance or exit, but may have at least one-half (1/2) of its height above the average level of the adjoining grade level.

Block -

means that property abutting on one side of a street and lying between the nearest intersecting or intercepting streets or nearest intersecting or intercepting street and railroad right-of-way, waterway, or other barrier to or gap in the continuity of development along such street.

Boarding-Lodging House -

means a dwelling wherein lodging or meals for three (3) or more persons, not members of the principal family therein, is provided for compensation, but not including a building in which ten (10) or more guest rooms are provided.

Building -

is any structure built for the support, shelter, or enclosure of persons, chattels, or movable property of any kind. When such structure is divided into separate parts by one (1) or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yards.

Building Height -

is the vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.

Building Line -

a line parallel or approximately parallel to the street line at a specific distance therefrom marking the minimum distance from the street line that a building may be erected.

Building Official -

See Administrative Official.

Carwash -

is a building, or portion thereof, where automobiles or other motor vehicles are automatically or manually washed regularly as a business.

Cemetery -

is land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes including columbariums, crematories, mausoleums and mortuaries, if operated in connection with and within the boundaries of such cemetery.

Certificate of Occupancy -

is an official certificate issued by the building inspector which indicates conformance with or approved conditional waiver from the zoning regulations and authorized legal use of the premises for which it is issued.

Clinic -

is a public or private, profit or nonprofit facility for the reception and treatment of outpatient persons physically or mentally ill, injured, handicapped or otherwise in need of physical or mental diagnosis, treatment, care or similar service.

Club -

is a nonprofit association of persons who are bona fide members, paying regular dues and are organized for a common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

Club, Private (Class I) -

is an establishment or enterprise wherein activities are carried on by or for a group or association of dues-paying members organized for some common purpose.

Club Private (Class II) -

is a club as defined above, except such establishments shall have been issued an alcoholic beverage permit by the Texas Alcoholic Beverage Commission.

(26)

Community Center, Public -

means building and grounds owned and operated by the governmental body for the social, recreational, health and welfare of the community served.

(27)

Conditional Use -

means any building, structure, and use which complies with the applicable regulations and standards governing conditional uses of the zoning district in which such building, structure, and use is located and for which a permit is granted.

(28)

Convalescent (rest) Home -

is a home designed for the care of patients after they leave the hospital before but before they are released from observation and treatment.

(29)

Convenience Store -

See Neighborhood Convenience Center.

(30)

Court -

means an open, unoccupied space on the same lot with a building and bounded on two (2) sides by such building, or the open space provided for access to a dwelling group.

(30-A)

Day Care Center -

a facility that is licensed, certified, or registered by the State of Texas to provide daytime care, supervision, training, education, physical rehabilitation, or recreational activities for more than six children, adults, or elderly, for less than twenty-four (24) hours a day, at a location other than the permit holder’s primary residence, and where such children, adults or elderly are not related by blood, marriage or adoption to the owner or operator of the facility.

Display Sign -

is a structure that is arranged, intended, designed or used as an advertisement, announcement or direction, including sign, billboard and advertising device of any kind.

District -

means a portion of the territory of the City of Aubrey within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Ordinance. The term “R District” shall mean any AG-R, SF1, SF10, SF75, SFAC, and MF District; the term “I District” shall mean any IND District; and the term “C District” shall mean any GR, SC or C District.

Dwelling Unit -

means a room or group of rooms including cooking accommodations, occupied by one (1) family, and in which not more than two (2) persons, other than members of the family, are lodged or boarded for compensation at any one time.

Dwelling Unit, Single-Family, Attached -

means a dwelling which is joined to another dwelling at one (1) or more sides by a party wall or abutting separate walls and is designed for occupancy by one (1) family and is on a separate lot delineated by front, rear and side lot lines.

(35)

Dwelling Unit, Single-Family, Detached -

means a building containing one (1) dwelling unit and located on a lot or separate building tract and having no physical connection to a building on any other lot.

(36)

Dwelling Unit, Two-Family -

means a building containing two (2) dwelling units.

(37)

Dwelling Unit, Multiple -

means a building containing three (3) or more dwelling units.

(38)

Dwelling Group -

means a group or row of dwellings, each containing one (1) or more dwelling units and all occupying one (1) lot or site, as defined herein, and having a court in common; including a bungalow court or apartment court, but not including an automobile court or automobile camp.

(39)

Essential Services -

means the erection, construction, alteration, maintenance by public utilities or by governmental departments or commissions of such underground, or overhead gas, electrical, steam, or water transmission or distribution systems and structures, collection, communication, supply or disposal systems and structures, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, streetlights, traffic signals, hydrants and other similar equipment, and accessories in connection therewith, but not including building or microwave radio relay structures, as are reasonably necessary for the furnishing of adequate service by such public utilities or governmental departments or commission or as are required for protection of the public health, safety, or general welfare. For the purpose of this definition, the word “building” does not include “structures” for essential services.

(40)

Family -

means two (2) or more persons, occupying a dwelling unit as a single, nonprofit housekeeping unit, but not including a group occupying a hotel, boardinghouse, club, dormitory, fraternity or sorority house.

Farm -

is an area of two (2) acres or more which is used for the growing of usual farm products such as vegetables, fruit, trees and grain and storage on the area as well as the raising thereon of the usual farm poultry and farm animals such as horses, cattle, sheep and swine, including dairy farms with necessary accessory uses and for treating and storing the produce; provided, however, that the operation of such accessory shall be secondary to that of the normal activities; and provided further that it does not include the commercial feeding of offal or garbage to swine or other animals.

(41.1)

Fence -

means a freestanding structure typically composed of a sequence of posts or stakes connected by wood, wire, rails or other materials and generally designed to restrict or prevent movement from one space to another space or to provide visual sectioning of spaces.

Floodplain -

is the relatively flat low lands adjoining the channel of a river, stream or watercourse which has been or may be covered by floodwater. Any land covered by the water of a one hundred (100) year frequency storm is considered in the floodplain.

Frontage -

is all the property abutting on one (1) side of a street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of a dead-end street, or village boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts. Where a lot abuts more than one (1) street, the Planning and Zoning Commission shall determine the frontage for purposes of this Ordinance.

Front Yard -

is an open, unoccupied space on a lot facing a street and extending across the front of the lot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projection thereof other than the projection of the usual steps or eave overhang.

Garage, Private -

means an accessory building or portion of a main building on the same lot and used for the storage only of private passenger motor vehicles, not more than two (2) of which are owned by others than the occupants of the main building.

Garage, Public -

means a building or portion of a building, except that herein defined as a private garage or as a repair garage, used for the storage of motor vehicles, or where any such vehicles are kept for remuneration or hire; in which any sale of gasoline, oil, and accessories is only incidental to the principal use.

(47)

Garage, Repair -

means a building or space for the repair or maintenance of motor vehicles, but not including factory assembly of such vehicles, auto wrecking establishments or junkyards.

(48)

Garden Apartment -

is a multifamily dwelling unit with not more than two and one-half (2-1/2) stories. The building generally has private outdoor space, either on grade, or a private balcony.

(48.1)

Government Use -any structure, building and/or grounds owned by, leased to and/or operated by a state or municipal government entity for the sole purpose of providing public services that the governmental entity is authorized to provide to the public or to engage in, including but not limited to water, sewer and drainage services, and/or to accommodate other public needs of the entity. The definition also includes a building and/or grounds operated by a governmental body for social, recreational, health or welfare purposes, such as a municipal park or public gathering area. This use designation is not intended for and does not include government entities that are classified as special districts formed pursuant to state law or formed by special legislature.

(49)

Grade -

when used as a reference point in measuring height of building, the “grade” shall be the average elevation of the finished ground at the exterior walls of the main building.

(50)

Green Belt -

is a piece of land, normally relatively narrow in comparison to its length, reserved to provide for both passive and active recreation, to function as a corridor connecting park areas, to serve as a buffer between various land uses, or to provide for open space. It frequently utilizes floodplains along creeks and is often left in its natural state.

(51)

Gross Floor Area -

means the living area of a building, including the walls thereof, but excluding all porches, open breezeways and garages.

(52)

Height of Building -

means the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to a point midway between elevation of the eaves and elevation of the ridges, [of a] gable, hip and gambrel roof.

(53)

Home Occupation -

means any occupation customarily conducted for gain or support entirely within a dwelling by a member or members of a family while residing therein, and which is clearly incidental and secondary to the residential use of the premises and does not change the character thereof.

(54)

Hospital -

may be a public or private, profit or nonprofit institution for the reception and treatment of the physically or mentally handicapped, sick or injured, and shall be distinguished by its inpatient facilities. It may also be an institutional sanctuary for the reception of the aged, or for the physically or mentally ill, retarded, infirm or deficient. Permitted accessory uses shall include medical and psychiatric clinics, doctors’ offices, sale of medical and surgical specialties and supplies, crutches, artificial members and appliances, training in the use of artificial services, pharmacies and similar uses; provided, however, that any such accessory use is so use-wide related to the principal use as to be in fact an integral part of the total purpose and is incorporated within the same building or building complex; and provided further, that the floor area occupied by all accessory uses does not exceed one-third (1/3) of the total floor area. Whether or not a questionable use is “similar,” or an “integral” part of the total purpose shall be subject to determination by the board of adjustment. Hospital related X-ray and laboratory facilities shall not be considered accessory uses in computation or [of] area occupancy.

(55)

Hotel -

means a building or portion thereof in which ten (10) or more guest rooms are provided for occupancy for compensation by transient guests.

(56)

Industry -

is the storage, repair, manufacture, preparation or treatment of any article, substance or commodity.

(57)

Junkyard or Salvage Yard -

means any area used for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials or goods, or used for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery, or parts thereof.

(58)

Kennel -

is any structure or premises on which more than three (3) dogs over six (6) months of age and seven (7) dogs under six (6) months of age are kept.

(59)

Land Use Plan -

is the long-range plan for the desirable use of land in the City of Aubrey as officially adopted and as amended from time to time by the City Council; the purpose of such plan being, among other things, to serve as a guide in the zoning and progressive changes in the zoning of land to meet the changing needs, in the subdividing and use of undeveloped land, and in the acquisition of rights-of-way or sites for public purposes such as streets, parks, schools and public buildings.

(60)

Loading Space -

is an off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.

(61)

Lodging house -

means the same as boardinghouse.

(62)

Lot -

means the entire parcel of land occupied or to be occupied by a main building and its accessory buildings, or by a group such as a dwelling group or automobile court and their accessory buildings, including the yards and open spaces required therefor [under] this title and other applicable law.

(63)

Lot, Corner -

means a lot abutting on two (2) intercepting or intersecting streets where the interior angle of intersection or interception does not exceed one hundred thirty-five (135) degrees.

(64)

Lot Coverage -

the percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot.

(65)

Lot, Interior -

means a lot other than a corner lot.

(66)

Lot, Lines -

means the property lines bound [bounding] the lot as defined herein.

(67)

Lot, Through -

means a lot having its front and rear lines on different streets, or having its front or rear line on a street and the other line on a river, lake, creek or other permanent body of water.

(68)

Lot, Depth -

means the average depth from the front line of the lot to the rear line of the lot.

(69)

Lot Width -

means the width measured at a distance back from the front line equal to the minimum depth required for a front yard.

(70)

Lot of Record -

is a lot which is part of a subdivision, the plat of which has been recorded in the Office of the County Clerk of Denton County, or a parcel of land, the deed for which was recorded in the Office of the County Clerk, Denton County, prior to January 1, 1987.

(71)

Main Building -

means a building in which is conducted the principal use of the lot on which it situated.

(72)

Manufactured Home, HUD-Code -

means a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on-site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems. References in this Ordinance to “mobile home(s)” shall be taken to be references to HUD-Code manufactured home(s). Mobile homes, as defined in the Manufactured Housing Standards Act, Article 5221f, Section 3(a), V.T.C.S., shall not be used as dwelling units within the corporate limits of the City of Aubrey.

(73)

Mobile Home -

See “Manufactured Home, HUD-Code.”

(74)

Mobile Home Park or Subdivision -

means a parcel of land which is owned by an individual, a firm, trust, partnership, public or private association or corporation, and has been developed for rental or sale of lots to persons with HUD-Code manufactured homes (mobile homes).

(75)

Mobile Home Lot -

means that part of a parcel of land (mobile home site) in a mobile home park which has been reserved for the placement of one (1) HUD-Code manufactured home (mobile home).

(76)

Modular Home -

means a dwelling that is constructed in one or more modules at a location other than the homesite, or is constructed utilizing one or more modular components, and which is designed to be used as a permanent residence when the modular components or modules are transported to the homesite and are joined together, or are erected and installed on a permanent foundation system. The term includes the plumbing, heating, air conditioning and electrical systems. It is expressly provided, however, that the term modular home shall not mean nor apply to:

housing constructed of sectional or panelized systems not utilizing modular components;

any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location; or

any dwelling constructed in modules incorporating concrete as the basic and predominant structural component.

(77)

Motel -

means a building or a group of two (2) or more buildings containing guest rooms or apartments with automobile storage space provided in connection therewith, and used primarily for the accommodation of automobile travelers, including groups designated as auto cabins, motor lodges, motor courts, motels, and similarly designated groups.

(78)

Neighborhood Convenience Center -

means centers which carry convenience goods, such as groceries, drugs, hardware, and some variety items, and also includes some service stores. The neighborhood convenience center may contain one (1) or two (2) small apparel or shoe stores, but it is clearly dominated by convenience goods, which are items of daily consumption and very frequent purchase, sometimes called “spot necessity” items. This neighborhood serving store group is within convenient walking distance of families served (within convenient driving range in low-density areas), with due consideration for pedestrian access and amenity of surrounding areas.

(79)

Nonconformity Use -

means use of a building or land which existed previously that does not conform to the present regulations as to use for the district in which it is situated.

(80)

Nursing Home -

is a home where ill or elderly people are provided with lodging and meals with or without nursing care.

(81)

Open Space -

is that part of any lot or tract that is used for recreational purposes, both passive and active, but not including areas used for parking or maneuvering of automobiles, or drives or approaches to and from parking areas. Floodplains, or 50 percent of any standing surface water, may be considered as open space, provided such open space is contiguous and part of the platted lot and is maintained and utilized in the same manner and to the same degree as all other open space areas as designated on the site plan as filed with the building permit application.

(82)

Parking Area, Private -

means a permanently surfaced open area for the same uses as a private garage.

(83)

Parking Area, Public -

means a predominantly surfaced open area, other than street, or other public way, used for parking of automobiles and available to the public for a fee, free, or as an accommodation for clients or customers.

(84)

Parking Space -

means a permanently surfaced area not less than one hundred eighty (180) square feet (measured approximately nine (9) feet by twenty (20)feet) either within a structure or in the open, not on public right-of-way, exclusive of driveways or access drives, for the parking of one (1) vehicle.

(85)

Planned Development -

shall mean land under unified control, planned and developed as a whole; in a single development operation or a definitely programmed series of development operations, including all lands and buildings; for principal and accessory structures and uses substantially related to the character of the district; according to comprehensive and detailed plans which include not only streets, utilities, and lots or building sites, but also site plans, floor plans, and elevations of all buildings as intended to be located, constructed, used, and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings; and with a program for provision, operation and maintenance of such areas, improvements, facilities, and services as will be for common use by some or all of the occupants of the district, but will not be provided, operated, or maintained at general public expense.

Planned development is both a concept and a zoning classification which may include, in addition to planned unit development, commercial, shopping center, and industrial uses or combination thereof, which may be intended to serve areas within the district and areas without the district.

(86)

Private Garage -

is an accessory building housing vehicles owned and used by the occupant of the main building; if occupied by vehicles of others; it is a storage space.

(87)

Rear Yard -

means the required rear yard is an open space unoccupied and unobstructed except for accessory uses extending across the rear of a lot from one side lot line to the other side lot line, the depth of which is dependent upon the zoning district in which the lot is located.

(88)

Recreational Vehicle -

is a vehicular, portable structure designed to be transported over the highway and containing living or sleeping accommodations, such structure being designed and actually used as a temporary dwelling during travel for recreation and pleasure purposes.

(89)

Rooming House -

is a dwelling occupied by a resident family or resident occupant and three (3) or more rent-paying persons.

(90)

School, Business or Trade -

means a business organized to operate for a profit and offering instruction and training in service or art such as a secretarial school, barber college, beauty school or commercial art school.

(91)

School, Elementary and High -

means an institution of learning which offers instruction in several branches of learning and study required to be taught in public school. High schools include junior and senior grades.

(92)

Screening Element (Device) -

or suitably screened as herein referred, shall mean any of the following:

Any solid material constructed of brick, masonry, or of a concrete or metal frame, or wood or base which supports a permanent type material, the vertical surface of which is not more than 30 percent open; or

Any dense evergreen hedge or plant material suitable for providing a visual barrier, for which such material shall be maintained in a healthy growing condition.

Landscaped earth berms may, when appropriate in scale, be considered and used as a screening element in lieu of a fence, wall, hedge, or other dense planting material.

(93)

Service Stations -

See Automobile Service Station.

(94)

Shopping Center -

is an area consisting of one (1) acre or more arranged according to a site plan to be submitted to and to be approved by the Planning and Zoning Commission and the City Council on which is indicated the amount of land to be devoted to the shopping center, the detailed arrangement of various buildings, parking area, streets and type of zoning desired. The installation of all utilities, drainage structure, paving of streets, parking area, alley and installation of sidewalks shall be in accordance with the City of Aubrey specifications for each type of improvement.

(95)

Story -

means that portion of a building included between the surface of a floor and the surface of a floor next above it, or if there is no floor above it, then the portion of the building between the surface of a floor and the ceiling or roof above it. A basement shall be counted as a story for the purposes of height regulations, if the vertical distance from grade to the ceiling is more than seven (7) feet.

(96)

Story, Half -

means the topmost story under a gable, hip, or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two (2) feet above the floor of such story.

(97)

Street -

means a public or private thoroughfare which affords the principal means of access to abutting property.

(98)

Structural Alteration -

means any change, addition, or modification in construction in the supporting members of a building, such as exterior walls, bearing walls, beams, columns, foundations, girders, joists, roof joists, rafters, or trusses.

(99)

Towers (Radio, Television, or Microwave) -

means structures supporting antennae for transmitting or receiving any of the radio spectrum, but excluding noncommercial antennae installations for home use of radio.

(100)

Tourist Home -

is a building or part thereof, other than hotel, boarding house, lodging house, or motel, where lodging is provided by a resident family in home for compensation, mainly for transients.

(101)

Trailer including automobile trailer and trailer coach -

is any vehicle or structure constructed in such a manner as to permit occupancy thereof as sleeping quarters or the conduct of any business, trade, or occupation or use as a selling, or advertising device, or use for storage or conveyance of tools, equipment, and machinery and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets, propelled or drawn by its own or other motor power.

(102)

Trailer Park -

means any lot or part thereof or any parcel of land which is used or offered as a location for one (1) or more trailers.

(103)

Thoroughfare -

means an officially designated federal or state numbered highway or county or other road or street designated as a primary thoroughfare on the official thoroughfare plan of the City of Aubrey.

(104)

Thoroughfare Plan -

means the official thoroughfare plan of the City of Aubrey adopted by the City Council establishing the location and official right-of-way width of principal highways and streets in the city, together with all amendments thereto subsequently adopted.

(105)

Townhouse or Row House -

means three (3) or more dwelling units attached by common vertical walls.

(106)

Use -

means the purpose for which land or a building or structure thereon is designed, arranged, intended or maintained or for which it is or may be used or occupied.

(107)

Use, Accessory -

means a subordinate use on the same lot with the principal use and incidental and accessory thereto.

(108)

Used Car Lot -

is a lot or tract of land used for the sale or display for sale of two (2) or more previously owned motor vehicles, including but not limited to passenger automobiles, motorcycles, trucks, dune buggies and other types of motor vehicles designed for use upon the public roads or for pleasure off public roads, but not including farm implements, mobile homes, campers and recreational vehicles, or construction equipment such as cranes, bulldozers and related equipment and trucks over one ton capacity.

(109)

Vehicle Service Center -

means a center for the repair and maintenance of, or diagnosis upon, motor vehicles, including tire installation, but not including the sale of gasoline, body work, or spray painting.

(110)

Yard -

means an open space, other than a court, on the same lot with a building.

(111)

Yard, Front -

means a yard extending across the full width of a lot and having a depth equal to the shortest distance between the front line of the lot and the nearest portion of the main building, including an enclosed or covered porch, provided that the front yard depth shall be measured from the future street line for a street on which a lot fronts, when such line is shown on the official map or is otherwise established.

(112)

Yard, Rear -

means a yard extending across the full width of a lot and having a depth equal to the shortest distance between the rear line of the lot and the main building.

(113)

Yard, Side -

means a yard between the side line of the lot and the main building extending from the front yard to the rear yard and having a width equal to the shortest distance between said side line and the main building.

(114)

Zoning Map -

means the official zoning map of the City of Aubrey, together with all amendments subsequently adopted.

(115)

Application Filing Date.

The date an application is filed on behalf of an Applicant by City staff for consideration by a City board, commission, or City Council, which shall be stamped on the application by City staff on the date the application is set on an agenda for consideration by the authority responsible for approval and determined complete. See also definition of Application Filing Window and Filed in this section.

(116)

Application Filing Window.

The period of time during which City staff is capable of filing plats, site plans, conceptual plans, general plans, or similar materials necessitating consideration by a City board, Commission, or City Council.

(117)

Filed, and Variants Thereof.

Unless otherwise necessitated by the immediate context, this term refers to the combination of (a) delivery by City staff of complete and satisfactory Application materials to the City authority responsible for approval of same, together with (b) corresponding placement of the item on an agenda for consideration at a meeting of the appropriate authority. Mere submission or physical delivery of application materials by an Applicant to City staff does not constitute “filing” for purposes of this article. No item is capable of being “filed” unless and until the administrative review process has been completed and the item is also placed on an upcoming agenda for a meeting of the appropriate authority. See also definitions for Application filing date in this article.

(118)

Response Submission Window.

The period of time during which an Applicant whose materials were conditionally approved or disapproved may submit a request that City staff file a response to the reviewing authority for reconsideration or appeal of a revised submission for the same project, containing only those modifications directly related to satisfaction of the conditions stated by the City, which begins on the 10th business day prior to and ending on the 4th business day prior to the next scheduled meeting of the body responsible for the next stage of approval.

(119)

Site Plan and Site Plan, Conceptual.

The document(s) required for certain development activities to ensure compliance with the City’s zoning regulations which meets all requirements of the City, including Section 5(Q) of this code (as amended). Site plans are intended to be treated identically as preliminary plats for purposes of the City’s submission, filing, and review procedures under Chapter 10 of this code, and are therefore to be considered included in the general term “plat” and in substitution for “preliminary plat” in that article as the context may require to accomplish that intent. In this article, however, the term site plan does not include a preliminary plat or final plat.

(Ordinance 135-87 adopted 4/14/87; Ordinance 546-14, sec. 2, adopted 11/18/14; Ordinance 593-16, sec. 2, adopted 7/19/16; Ordinance 643-18, sec. 2, adopted 9/28/18; Ordinance 680-20 adopted 4/28/20; Ordinance 776-23 adopted 1/26/2023)

§ 5 GENERAL PROVISIONS.

ESTABLISHMENT OF DISTRICTS.

For the purpose of this Ordinance, the City of Aubrey, Texas, is hereby divided into twelve (12) districts as follows:

AG-R - Agriculture Residential District

SF1 - Single-Family Residential Large Lot, 1 acre lot

SF-10 - Single-Family Residential, 10,000 sq. ft. lot

SF-75 - Single-Family Residential, 7,500 sq. ft.

SFAC - Two-Family Residential Attached

MF - Multiple-Family Residential

GR - General Retail

SC - Shopping Center

C - Commercial

IND - Industrial District

MH - Mobile Home Park District

PD - Planned Development District

FLOODPLAIN DESIGNATION OVERLAY.

Notwithstanding the foregoing, there shall be a district known as a “FP” floodplain district which may be coextensive with or overlap any or all of the foregoing districts or portions thereof and any tract of land or portion thereof may, at the same time, be zoned for the uses in one of the foregoing districts and be zoned “FP” floodplains.

Where a tract of land or portion thereof is zoned for the uses of one of the foregoing districts and is also zoned “FP” floodplain, the restriction contained in the “FP” floodplain district shall be applicable to said tract or portion thereof and shall take precedence over the other zoning districts.

OFFICIAL ZONING MAP.

The city is hereby divided into zones, or districts, as shown on the official zoning map, which together with all explanatory matter thereon, is in existence and is hereby adopted and declared to be a part of this Ordinance.

MAP CERTIFIED.

The official zoning map shall be identified by the signature of the mayor, attested by the city clerk and bearing the seal of the city under the following words:

“This is to certify that this is the official zoning map adopted as part of Ordinance No. 135-87 of the City of Aubrey.”

LOCATION OF MAP.

The official zoning map shall be in the custody of and shall remain on file in the office of the city secretary.

PUBLIC INSPECTION OF MAP.

The official zoning map shall be available for public inspection for all matters which are of public record.

AMENDMENT OF OFFICIAL ZONING MAP.

When changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the City Council. No amendment to this chapter which involves matters portrayed on the official zoning map shall become effective until after council approval and after such change has been made to said map.

OFFICIAL ZONING MAP REPLACEMENT.

The City Council may by ordinance adopt a new official zoning map should the original reproducible tracing of the official zoning map be damaged, destroyed, lost or become ambiguous because of the nature or number of changes and additions. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor attested by the city clerk, and bearing the seal of the city under the following words:

“This is to certify that this official zoning map supersedes and replaces the official zoning map adopted (date of adoption of map being replaced) as a part of the Zoning Ordinance of the City of Aubrey, Texas.”

INTERPRETATION.

When the district boundaries are either roads or streets, unless otherwise shown, and where the designation of the district map indicates that the various districts are bounded by a road or street line, the centerline of such or street shall be construed to be the district boundary line.

Where the district boundaries are not otherwise indicated and where property has been subdivided into lots and blocks, the subdivision boundaries shall be construed to be the boundary of the district.

Where the district boundaries are not otherwise indicated for unsubdivided property, the district boundaries are property lines or section lines, or quarter section lines, or quarter-quarter section lines.

Where district boundaries are disputed or not otherwise clearly designated, or where the physical or structural features are at variance with the official zoning map or other circumstances not covered in this section, the board of adjustment shall interpret the district boundaries.

RULES FOR WORDS AND PHRASES.

For the purposes of this Ordinance, words used in the present tense include the future tense; words in the singular number include the plural number, and words in the plural number include the singular number; the word “shall” is mandatory, not directory; the word “may” is permissive; the word “person” includes a firm, association, organization, partnership, trust, foundation, company, or corporation as well as an individual; the word “used” includes designed and intended or arranged to be used; the word “building” includes the word “structure”; the word “lot” includes “building lot” or parcel. Wherever this Ordinance imposes a greater restriction [than] that imposed by other Ordinances, laws, or regulations, the provisions of this Ordinance shall govern.

COMPLIANCE WITH REGULATIONS.

The regulations set by the Ordinance within each district shall be minimum regulations and shall apply uniformly to each class and kind of structure or land, except as hereinafter provided.

No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, repaired, moved, or structurally altered except in conformity with all the regulations herein specified for the district in which it is located.

No building or other structure shall hereafter be erected or altered to exceed the height or bulk, to accommodate or house a greater number of families, or to occupy a greater percentage of lot area than that specified for the district in which it is located.

No building or other structure shall have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required or in any other manner contrary to the provisions of this Ordinance.

No part of a yard, other open space, off-street parking or loading space required about or in connection with any building for the purpose of complying with this section shall be included as a part of a yard, open space, off-street parking, or loading space similarly required for any other building.

STRUCTURES TO HAVE ACCESS.

Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

VISIBILITY AT INTERSECTIONS.

On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to interfere with traffic visibility across the corner. This visibility area shall be a triangle measured twenty (20) feet from the point of right-of-way line intersection. All objects on the ground in said triangle should not exceed two and one-half (2-1/2) feet in height and vegetation should not droop to less that [than] ten (10) feet from the ground.

FENCES, WALLS, AND HEDGES.

Except as provided by other sections of this chapter, a fence, wall, or hedge may be erected, placed, maintained, or grown along a lot line or [of] residentially zoned property to a height not exceeding eight (8) feet above the ground level.

HEIGHT EXCEPTIONS.

The regulations contained herein relating to the height of buildings or structures and other open space shall be subject to the following exceptions:

Churches, schools, and other public and quasi-public buildings may be erected to a height not exceeding sixty (60) feet or five (5) stories, provided the front, side, and rear yards required in the district in which such a building or structure is to be located are each increased at least one (1) foot for each foot of additional height above the height otherwise established for the district in which such building or structure is to be located.

Chimneys, cooling towers, church steeples or spires, tanks, water towers, television antennas, microwave radio relay or broadcasting towers, mast or aerials and necessary mechanical appurtenances are hereby excepted from the height regulations of this chapter.

HOME OCCUPATIONS.

The purpose of the home occupation provisions is to permit the conduct of home occupations which are compatible with the neighborhoods in which they are located. Home occupations are a permitted accessory use in all residential districts and are subject to the requirements of the district in which the use is located, in addition to the following:

Only the members of the immediate family occupying the dwelling shall be engaged in the home occupation, unless expressly set forth otherwise in this Ordinance or another ordinance specifically regulating the home occupation at issue.

The home occupation shall be conducted only within the enclosed area of the dwelling unit or the garage.

No more than twenty-five percent (25%) of the area of one (1) story of the principal building shall be devoted to the home occupation.

There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation other than those signs permitted in the district.

No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible outside any structure located on the premises.

No use shall create smoke, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.

The home occupation shall not create any increase in vehicular flow or parking by more than two (2) additional vehicles at a time and shall not create greater pedestrian traffic than normal for the district.

No home occupation shall cause an increase in the use of any one (1) or more utilities beyond the average of the residences in the neighborhood.

No more than one (1) advertising sign with a maximum of four (4) square feet of a non-illuminating nature may be placed on the main building.

Examples of home occupations:

The following are examples of uses which can often be conducted within the limits of this section. Uses listed in this paragraph do not automatically qualify as a home occupation nor does this listing limit the uses which may qualify as home occupations: handicraft, dressmaking, preserving, accountant, artist, author, consultant, individual tutoring, millinery, and realtor.

Prohibited uses:

The following uses have a tendency to violate the provisions for home occupations and thereby impair the character of residential areas. Therefore, the following uses shall not be permitted as accessory uses in residential districts: auto repairs, painting of vehicles or boats, private schools, photo studios, dance instruction, and television repair.

Interpretation of home occupation:

The planning and zoning commission shall interpret the provisions or this section to determine the validity of a home occupation. A use considered not within the scope of the home occupation provisions shall be subject to the provisions of the commercial zones of this chapter.

SITE PLAN REQUIREMENTS.

Applicability.

Applicants are encouraged to contact City staff for pre-application conferences and assistance with the process. Applications may only be delivered to the City for completeness review and potential filing during the application filing windows. In order to provide the City with adequate time to review site plan applications for compliance with these zoning regulations, an application for approval of any site plan shall only be filed by the Planning Director during an application filing window that is at least 20 calendar days, but no more than 30 calendar days prior to the regular meeting of the body at which it is to be considered. The Planning Director may establish a deadline for the submission of site plan applications that falls within the application filing window.

Approval of a site plan shall be required prior to the issuance of any building permit for the construction of a new nonresidential or multiple-family residential structure; prior to the issuance of any building permit for any modification to structure which affects its size, shape, or volume; prior to a structure’s change in use that will require modifications to existing parking or loading space requirements or configurations; or as otherwise determined by the Director of Planning.

All building permits must conform to an approved site plan.

Prior to receipt of a Certificate of Occupancy, an inspection shall be performed by the Director of Planning, or designee, verifying conformance to the site’s approved site plan.

Single-family and two-family residential developments shall be exempt from this Section.

Site Plan Approval Process.

The procedures for site plan approval shall be substantially the same as those used by the City for consideration of plats under Chapter 10 of this code, which shall have controlling effect over any provisions of this article to the extent of any conflict, in conjunction with the following requirements:

Sites greater than one acre in size or within 200 feet of a platted single-family residential development.

Site plans for properties that are greater than one acre in size or within 200 feet of a platted single-family residential development are subject to review by the Planning and Zoning Commission. The site plan shall be deemed approved by the City if approved by a majority vote of the Planning and Zoning Commission. The Commission shall review the proposal and by majority vote may approve the site plan, approve the site plan with conditions, or disapprove the site plan. If the Commission disapproves the site plan, or if the Applicant does not agree with the conditions of approval, the Applicant may submit revisions for reconsideration by the Commission, as detailed below. The Commission or City Council may conduct a public hearing on the request according to the procedures for a change in a zoning district location or boundary when required by law. The City Council shall have final approval or disapproval authority on all site plans which are so appealed.

All other site plans.

All other site plans shall be approved administratively by staff. At the discretion of the Director of Planning, or designee, any site plan may be forwarded to the Planning and Zoning Commission for action. The Director of Planning shall not have the authority to disapprove a site plan application and shall forward any application which the Director of Planning cannot approve to the Planning and Zoning Commission for action. The actions of the Planning and Zoning Commission may be appealed to the City Council. The City Council shall be the final approval authority.

Detailed report; written notice of public hearing.

Before acting on a site plan, the Planning and Zoning Commission shall receive from the Director of Planning, or designee, a report regarding the proposed site plan detailing its conformance or nonconformance with the zoning ordinance and other applicable regulations of the City, and a recommended action regarding the site plan. The Council shall be provided a similar report prior to consideration of action on site plans reaching it for appeal or approval.

Features to be shown on site plans.

Site or development plans shall include the following information must be within the application in order to be eligible for filing, marked with an application filing date, and set for hearing on an agenda:

General.

The following general information shall be included:

The applicant’s name, address, and phone number;

The development location (include subdivision, lot number, and/or address);

The proposed use (letter of intent required);

The zoning district (attach copy of ordinance governing subject property);

The lot area (net and gross);

The lot coverage and floor area ratio;

The location of all existing buildings or structures on the lot that are to remain subsequent to any proposed development;

The building or structure size, height and total floor area (separated by use);

The adjacent land uses and improvements within 200 feet of the subject property;

The location of hazardous chemical storage;

The sign locations;

A scale with the following dimensions: one inch equals 20 feet, 30 feet or 40 feet, or as determined by the Director of Planning;

The location of any on-site items (kiosks, sanitation containers, drop boxes, etc.);

Any existing or proposed easements;

The location and type of all existing and proposed screening, including screening of sanitation containers, parking areas, vehicles awaiting repair, open storage, etc.;

The required landscape areas;

Any additional information as deemed necessary to adequately evaluate the site or development plan; and

(xviii)

The following standard notations:

The sanitation container screening walls shall be brick masonry, stone masonry, or other architectural masonry finish, including a metal gate, primed and painted, and the sanitation container screening walls, gate, and pad site shall be constructed in accordance with the city design specifications.

Mechanical and heating and air-conditioning equipment in nonresidential uses shall be screened from view from the public right-of-way and from adjacent residential properties.

The lighting for the subject property will be constructed and operated in conformance with the City of Aubrey Zoning Ordinance.

Site circulation and parking.

The following site circulation and parking information shall be included on the site or development plans:

The drive approach dimensions and radii;

The delineation and width of internal circulation roadways;

The distances between driveways and intersecting streets;

The number of required parking spaces and number of parking spaces provided, including handicapped parking spaces;

The parking dimensions;

The stacking spaces and drive-through lane location;

The location of curb stops relative to front of parking stall. (Note: Wheel stops are not permitted in lieu of curbs);

The handicapped ramps (required at all intersections);

The building entrances;

The sidewalk dimensions;

The fire lanes meeting fire code standards;

The location and dimension of delivery truck docks;

The location and dimension of loading spaces;

The location of bay doors;

The sanitation container locations;

The medians, islands, barriers, and channelization;

The width of adjacent streets, alleys, or other access abutting property;

(xviii)

The length, width, and taper of turn bays; and

(xix)

The directional signage and directional arrows for one-way traffic driveways.

Utility plans.

Utility plans shall be included on a separate drawing from the site plan, and shall include the following information:

The existing and proposed water mains (include size and valve locations);

The water meter size and location;

The existing and proposed sewer mains (include size, manholes and cleanout);

The sewer service size (provide cleanout at property line);

The existing and proposed utility easements including the associated utility line (public or private) and its size;

The existing and proposed fire hydrants (including any nearby off-site hydrants);

The existing and proposed fire lines, fire sprinkler connections, and appurtenances;

The location and size of irrigation meters;

The location and size of grease and sand traps;

The location and size of sampling pits; and

The location and type of pretreatment.

Drainage plans.

Drainage plans shall be included on a separate drawing from the site plan, and shall include the following information:

The existing and proposed elevation at critical points;

The drainage area map (if site is over one acre);

The on-site collection system, including stormwater detention areas and detention ponds;

The 100-year flood elevation (if in floodprone area), and appropriate easements to protect improvements from erosion associated with floodprone areas;

The existing and proposed contours at two-foot intervals;

The existing and proposed drainage structures (include size and type);

The existing and proposed culverts; and

The direction of surface drainage (must be discharged into existing waterway or public right-of-way).

Landscape plan.

A detailed landscape plan in conformance with the City of Aubrey Zoning Ordinance shall be submitted along with the site plan. Landscape plans shall be prepared by a person knowledgeable in plant material usage and landscape design, such as a landscape architect, landscape contractor, or landscape designer. Landscape plans shall be submitted on a separate drawing from the site plan, and shall include the following information:

An engineering scale that is the same as the associated site plan; and

All information as listed in the City of Aubrey Zoning Ordinance Landscape Requirements[.]

Tree survey.

The Planning and Zoning Commission may require the submittal of a tree survey that identifies the location of trees. All tree surveys shall be prepared by an arborist, a licensed surveyor, a licensed landscape architect, or other qualified person approved by the Director of Planning.

Tree preservation plan.

The Planning and Zoning Commission may require the submittal of a tree preservation plan.

Attributes in consideration.

City council, Planning and Zoning Commission and staff consideration shall include paving and layout of streets, alleys and sidewalks, means of ingress and egress, provisions for drainage, parking spaces, protective screening and open spaces, as well as areas designated for landscaping, and any other aspect deemed necessary to consider in the interest of promoting the public health, safety, order, convenience, prosperity, and general welfare of the city.

Additional information.

If, during the course of reviewing the site plan or landscape plan, the Director of Planning, or designee, is of the opinion that a proper recommendation or action cannot be made without additional information, the Director of Planning is authorized to request that the Applicant submit said information and is further authorized to withhold filing and action on the site plan until the submission of the additional information for the Director of Planning’s review.

Expiration.

A site plan shall expire two years after its approval, if no building permits have been issued for the site, or if a building permit has been issued but has subsequently lapsed.

Approval required.

A building permit shall not be issued prior to the approval of the site plan by the City Council, Planning and Zoning Commission, and/or Director of Planning, as appropriate. No building permit shall be issued except in compliance with the approved site plan, including all conditions of approval.

Inspections, revisions, and continued compliance.

During construction and upon completion, the project will be inspected to ensure that the approved site plan has been followed.

In the event that changes to the approved site plan are proposed, the Director of Planning, or designee, shall have the authority to require that a revised site plan be submitted to the City for review and approval.

It is recognized that final architectural and engineering design may necessitate some judgment in the determination of conformance to an approved site plan. The Director of Planning shall have the authority to interpret conformance to an approved site plan, provided that such interpretations do not materially affect the impact on adjacent properties, access, circulation, parking, loading, or general building orientation, configuration, or location on the site, or any other conditions specifically attached as part of a City Council approval. The Director of Planning shall only approve minor changes that substantially conform to the approved site plan and with all applicable City regulations. If, in the judgment of the Director of Planning, or designee, the proposed revisions do not conform to the approved site plan, a new site plan application shall be submitted for review and approval by the Director of Planning, or for potential filing with another approval body as appropriate.

A certificate of occupancy shall not be issued until the final inspection shows that the project has been completed in accordance with the approved site plan.

The final site plan, landscape plan, tree survey, and tree preservation plan shall be accompanied by a digital copy for permanent record.

Maintenance of the property in conformance with the approved site plan shall thereafter be a condition of a valid certificate of occupancy. Failure to maintain the property in conformance with an approved site plan shall be a violation of this Section.

Requests for reconsideration of a site plan application must be made in writing and delivered to the City during a response submission window. All conditional approvals of any site plan application by the commission or council shall require, as one of the conditions for filing and subsequent approval, that the Applicant’s response include a signed certification from the planning department stating that the Applicant conferred with City staff regarding the content of the response and the timing of its delivery to the City. Conditional approvals and disapprovals may result in additional fees or staff recommendations of denial if these requirements are not strictly observed.

Examples of revisions which may be approved by the Director of Planning include:

Minor dimension and location adjustments;

Minor changes in the number of parking spaces, provided that minimum parking requirements are met;

Adjustments to sanitation container location;

Minor revisions to approved elevations; and

Substitution of similar materials on an approved landscape plan.

Examples of revisions that may not be approved by the Director of Planning include:

Major changes to type of screening materials;

Significant alterations to the building footprint;

Specific conditions of approval; and

Any changes that may negatively impact adjacent properties.

If, in the judgment of the City Administrator, the proposed revisions exceed staff’s approval authority, the revised site plan shall be forwarded to the Planning and Zoning Commission for consideration according to the procedures for site plan approval. If proposed revisions to the site plan have not already been approved by the City Administrator within 30 days of their filing, they shall be scheduled for consideration by the Planning and Zoning Commission upon request by the Applicant.

Phasing plan.

To assist in the processing of site plans that are to be constructed in phases, the City Administrator, or designee, may request a phasing plan for the development, to ensure adequate site access, circulation, parking, sanitation containers, etc.

Editor’s note–The subsection numbering of Ordinance 496-13 was changed at the editor’s discretion to be consistent with the numbering throughout the zoning ordinance.

(Ordinance 135-87 adopted 4/14/87; Ordinance 496-13, ex. A, adopted 3/19/13; Ordinance 680-20 adopted 4/28/20)

§ 6-A CONDITIONAL USE PERMITS. [1]

CONDITIONAL USE PERMIT REGULATIONS AND PROCESS.

Compatible and orderly development.

A Conditional Use Permit (CUP) may be granted to allow compatible and orderly development which may be suitable only in certain locations and zoning districts if developed in a specific way or only for a limited period of time.

Zoning District Compliance.

Only those uses listed in the district regulations of the Zoning Ordinance with a designation of "C" may be granted a Conditional Use permit. A Conditional Use permit shall be effective from the date of approval until the terms of the condition of approval have been expended. For example: a Conditional Use permit may be issued for a construction trailer in single-family zoning district regulations, for which the permit shall be effective from the date of approval until the construction within the development is substantially complete, the terms of which shall be described with the approval letter issued on the effective date by the Director of Planning.

Submittal Requirements.

Conditional Use permit applications to be submitted for review shall be submitted in accordance with Section 5 of the City's Zoning Ordinance, Subsection Q Site Plans.

Application Processing.

All Conditional Use Permits shall be reviewed and approved administratively by staff. At the discretion of the Director of Planning, or designee, any Conditional Use Permit application may be forwarded to the Planning and Zoning Commission for action. The Director of Planning shall not have the authority to disapprove a Conditional Use Permit application and shall forward any application which the Director of Planning cannot approve to the Planning and Zoning Commission for action. The actions of the Planning and Zoning Commission may be appealed to the City Council. The City Council shall be the final approval authority.

Conditional Use Standards.

When considering applications for a Conditional Use permit, the Director of Planning shall, on the basis of the site plan and information submitted, evaluate the impact of the use on, and the compatibility of the use with, surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location.

A certificate of occupancy shall not be issued until the final inspection shows that the project has been completed in accordance with the approved Conditional Use permit.

Maintenance of the property in conformance with the approved Conditional Use permit shall thereafter be a condition of a valid certificate of occupancy. Failure to maintain the property in conformance with an approved Conditional Use permit shall be a violation of this Section.

CONDITIONAL USE PERMIT REQUIRED FOR CERTAIN ALCOHOL BEVERAGE SALES.

Definitions.

Alcoholic Beverage.

Alcohol, or any beverage containing more than one-half (1/2) of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted, (Texas Alcoholic Beverage Code Section 1.04 Definitions).

Restaurant with Alcoholic Beverage Sales.

A restaurant utilized for the retail sale of alcoholic beverages for on-premises consumption is defined as a place of business in which the consumption of food is the main source of income (alcohol sales should constitute less than fifty-one percent (51%) of the total restaurant sales) with the consumption of alcoholic beverages as a secondary source of income.

Restaurant, with Micro-Brewery.

An establishment that serves food and alcoholic beverages and that prepares handcrafted natural beer or ale intended for consumption on the premises as an accessory use.

Brewpub.

An establishment where the on-site brewing of beer occurs as well as tasting and/or retail sales.

Event Center.

A building, facility, or portion thereof, which is rented, leased, or otherwise made available to any person or group for a private event or function, including weddings, wedding receptions, conventions, association meetings, parties, and banquets, and that is generally not open to the public, whether or not a fee is charged. Also known as an assembly hall. See also "event venue" below.

Event Venue.

Similar to an Event Center, but of significantly smaller size, for example a renovated barn or a single room within a worship center.

Special Event.

Any festival, farmer's market, or other similar gathering that is open to the public without a charge for admittance and that is sponsored or organized by the City of Aubrey or to which the City of Aubrey is a partner with another organization, and which is held upon public property.

Winery/Brewery Retail Sales.

An establishment operated by the holder of a winery or brewery permit which has been lawfully issued to the permittee for the premises by the Texas Alcoholic Beverage Commission (or any successor entity thereto) in accordance with V.T.C.A., Alcoholic Beverage Code Ch. 16 for the on-premises consumption of wine and or beer.

Alcohol Sales for Restaurants, Brewpubs, Convenience Stores, Grocery Stores, and Wineries in Certain Zoning Districts.

Restaurants with Alcoholic Beverage Sales.

Any such restaurant, defined in (1)(a) [subsection B(1)(a)], above, serving alcoholic beverages may be allowed in the General Retail (GR), Shopping Center (SC), Commercial (C), and Planned Development (PD) (with nonresidential uses) zoning districts through the application of a Conditional Use Permit, subject to the distance requirements and measurement standards described in Subsection (4) and (5), below. Restaurants shall not provide off-premises sales of alcoholic beverages through outside windows or drive through windows.

Beer and Wine Sales.

Convenience Store or Grocery Store. Alcoholic beverage sales for off-premises consumption (beer and wine only) may be allowed through a Conditional Use Permit (CUP) in the General Retail (GR), Shopping Center (SC), and Commercial (C) zoning districts. In addition, locations within a Planned Development District (PD) that have an underlying nonresidential zoning designation may be allowed through the CUP process subject to the distance requirements and measurement standards described in Subsection (4) and (5), below. The sale of beer and wine in a commercial building shall be considered a secondary use, and sales of beer and/or wine are less than seventy-five percent (75%) of the total sales, such as within a convenience store or grocery store.

Event Center and Event Venue Sales.

Alcoholic beverages sales for on-premises consumption at an Event Center or Event Venue shall follow the application process as Restaurants with Alcoholic Beverage Sales, described in (2)(a), above and be subject to the distance requirements and measurement standards described in Subsection (4) and (5), below.

Winery or Brewpub.

A winery or brewpub may be allowed in the General Retail (GR), Shopping Center (SC), Commercial (C), Industrial (IND), and Planned Development District (PD) (with nonresidential uses) zoning districts through the application for a Conditional Use Permit, subject to the distance requirements and measurement standards described in Subsection (4) and (5), below.

Private Club Regulations.

Private clubs are allowed by right in the Downtown Business/ Government zoning districts and may be allowed in the General Retail (GR), Shopping Center (SC), Commercial (C), and Planned Development (PD) (with locations that are nonresidential in use) zoning districts with the application for a Conditional Use Permit, subject to the distance requirements and measurement standards described in Subsection (4) and (5), below.

All private clubs shall operate in accordance with a minimum of 35% of gross receipts be derived from the sale of food; and

All Conditional Use permits issued for the operation of private clubs may be canceled, suspended, or revoked in accordance with the provisions of this ordinance, or as the same shall be amended, which is incorporated herein by reference and made a part hereof for all purposes.

Sale of Alcoholic Beverages Prohibited in Residential Zoning Districts.

The sale of alcoholic beverages is not allowed in areas zoned for residential use, including but not limited to planned development districts (PD) approved exclusively for residential uses. Except as otherwise specifically allowed by TABC or as otherwise provided herein, the sale of alcoholic beverages for on-premises consumption for "Country Clubs," "Golf Courses, Private Country Clubs" and "Golf Courses, Public/Municipal" in Single-Family Zoning Districts (AG-R, SF1, SF10, SF75, SFAC, MF, and PD) may be allowed through a Conditional Use Permit (CUP).

Distance Requirements for Low Volume Sales.

Low volume sales include the uses listed in (2)(a) [Subsection B(2)(a)], above and including but not limited to restaurants with alcohol sales, private clubs, beer and wine sales as a secondary use, and brewpubs. Except as otherwise specifically allowed by the Texas Alcoholic Beverage Commission or as otherwise provided herein, no alcoholic beverages may be sold within 300 feet from a church, place of worship, hospital, or a public or private school.

Measurement.

The method of measurement of such distances shall be in accordance with the terms of this section and the Texas Alcoholic Beverage Code, as amended. The measurement of the distance between the place of business and the establishment selling alcohol shall be as follows:

Public or private school, day care or childcare facility: measured from the closest property line to property line, across intersections. When the alcohol sales are located on or above the fifth floor of a multistory building, the direct line shall be from the closest property line of the school or facility to the base of the multistory building and vertically up to the floor of the business conducting alcohol sales.

Church, place of worship, or public hospital: measured from the primary front door of the church or hospital to the property line, along street lines, across intersections, to the front door of the business conducting alcohol sales.

Additional Relief from Distance Requirements.

Should an application for alcohol sales not meet the distance requirements listed in (4) [subsection B(4)], above, the applicant may apply for relief from the distance requirements through the Specific Use Permit process and a variance from the City Council.

Fees established for Alcohol Sales.

The fee for issuing a license or permit to operate, conduct, and maintain a business establishment selling alcoholic beverages in the City shall be in conformance with Aubrey Code of Ordinances, Appendix A, Fee Schedule and Chapter 4, Business Regulations, Article 4.02, Alcoholic Beverages.

CONDITIONAL USE PERMIT REQUIRED FOR TOBACCO SHOPS.

Distance Requirements.

Tobacco shops may be allowed in the IND - Industrial Zoning District through the CUP process if the shop meets both of the following distance regulations:

The tobacco shop shall be located a minimum of 1,000 feet from any public, private, or parochial school; and

The tobacco shop shall be located a minimum of 1,000 feet from another tobacco shop. The measurement of the distance requirements for tobacco shops shall be in a direct line from the property line of one property line to the other property line.

Development and Operational Standards.

Tobacco shops must meet and maintain the following standards:

The tobacco shop shall not allow or permit a minor person to enter or remain within the premises without being accompanied by his or her parent or legal guardian.

A tobacco shop that is located in a building sharing one or more common walls or sharing a common attic space with another retail or commercial establishment shall not allow product use on the premises in a manner that interferes with the adjacent establishment's use or enjoyment of the premises. Limited product testing prior to purchase is permitted inside the shop.

Failure to comply.

Any breach of the regulations and/or development & operational standards detailed in this ordinance by any tobacco shop that has been issued a Conditional Use Permit and subsequently a Certificate of Occupancy for same shall be considered nonconforming and forfeit the rights granted under the CUP and/or CO. The proprietor shall be allowed a period of ten (10) business days to sufficiently correct the breach of regulations in the notice without further change in status.

Any existing establishment meeting the definition of a "tobacco shop" and retaining a valid Certificate of Occupancy as of the date of the adoption of this ordinance may remain in business so long as there is no lapse in operation of more than six months and/or the business changes ownership. Should either of these conditions exist, the Certificate of Occupancy shall be revoked and the establishment would no longer meet the criteria for legal nonconforming use - see also Chapter 14A, Section 26, "Nonconforming Uses."

Any Tobacco Shop application that the director determines needs additional scrutiny may be brought to the Planning & Zoning Commission for a recommendation and to City Council for a decision through the Specific Use Process (SUP). In addition, should an application for a Tobacco Shop fail to meet the distance requirements listed in [subsection] (1), above, the application may be considered by the Planning & Zoning Commission for a recommendation and to City Council for a decision through the Specific Use Permit process (SUP).

Tobacco Shop Definitions:

CBD

is defined in Section 443.001 of the Texas Health and Safety Code, meaning a nonintoxicating cannabinoid found in cannabis and hemp. CBD shall also include all other hemp-derived products.

E-Cigarette

means a battery-operated device that is typically designed to resemble a traditional cigarette and is used to inhale a nicotine, CBD or hemp containing vapor whereby the user does not produce smoke. Also referred to as a "vapor smoking device" or more commonly as "vapes."

Paraphernalia

means any device or instrument that is primarily designed for the smoking, chewing, or otherwise absorbing inhaling, snorting, sniffing, or ingesting into the body of tobacco, CBD or other hemp derived products as defined in the Texas Health and Safety Code. Items and devices classified as paraphernalia include but are not limited to the following: pipes, punctured metal bowls, bongs, water bongs, electric pipes, e-cigarettes, e-cigarette juice, vaporizers, hookahs, and devices for holding burning material. Lighters and matches are excluded from the definition of paraphernalia.

Tobacco

means any preparation of nicotine-rich leaves which are cured and/or processed for use in smoking, chewing, or otherwise absorbing, inhaling, snorting, sniffing, or ingesting into the human body.

Tobacco Product

means any product in leaf, flake, plug, liquid, or any other form which contains nicotine derived from the tobacco plant, or otherwise derived, which is intended to enable human consumption. For the purposes of this chapter the term "tobacco product" excludes any product that has been specifically approved by the Unites States Food and Drug Administration (FDA) for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such a purpose.

Tobacco Shop

means a retail establishment utilized primarily for the sale of cigarettes, electronic cigarettes, vaping devices, cigars, tobacco, CBD, pipes, edibles and other devices for the inhalation or consumption of tobacco, CBD or other hemp derived products, and other smoking supplies or paraphernalia, with no on-site smoking or tobacco consumption. Limited product testing prior to purchase is permitted inside the shop.

(Ordinance 905-25 adopted 5/22/2025)

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Editor's Note: Former section 6 pertaining to conditional uses and specific use permits, was amended and replaced with similar provisions by Ordinance 905-25 adopted 5/22/2025. Prior to the replacement, this section derived from the following: Ordinance 135-87 adopted 4/14/87; Ordinance 415-09 adopted 3/24/09; Ordinance 474-12 adopted 8/21/12; Ordinance 497-13 adopted 3/19/13; Ordinance 548-14 adopted 12/16/14; Ordinance 852-24 adopted 6/27/2024; Ordinance 904-25 adopted 5/22/2025.

§ 6-B SPECIFIC USE PERMITS. [1]

SPECIFIC USE PERMIT REGULATIONS AND PROCESS.

Compatible and Orderly Development.

A Specific Use Permit (SUP) may be granted to allow compatible and orderly development which may be suitable only in certain locations and zoning districts if developed in a specific way or only for a limited period of time.

Zoning District Compliance.

Only those uses listed in the district regulations of the Zoning Ordinance may be granted a Specific Use permit. A Specific Use permit shall be effective from the date of approval until the specific use is modified. For example: a Specific Use permit may be issued for a snow-cone stand in retail zoning district regulations, for which the permit shall be effective from the date of approval until the snow-cone stand is removed from the property, the terms of which shall be described with the approval letter issued on the effective date by the Director of Planning.

Submittal Requirements.

Specific Use permit applications to be submitted for review shall be submitted in accordance with Section 5 of the City's Zoning Ordinance, Subsection Q Site Plans.

Application Processing.

Specific Use permits shall be brought to the Planning and Zoning Commission for their recommendation to the City Council, which is the final authority for Specific Use permits. In each case, a public hearing and notice of said public hearing to all property owners within 200 feet of the subject property must be conducted, as detailed in Section 28, Amendments, of the Zoning Ordinance.

Specific Use Permit Standards.

When considering applications for a Specific Use Permit, the Planning and Zoning Commission in making its rendering its recommendation, or the City Council in rendering its decision, on the application, shall, on the basis of the application, and other information submitted, evaluate the impact of the specific use on, and the compatibility of the use with, surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The Planning and Zoning Commission and the City Council shall specifically consider the extent to which:

Comprehensive Plan Consistency.

The proposed use at the specified location is consistent with the goals, objectives and policies contained in the adopted Comprehensive Plan;

Zoning District Consistency.

The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations;

Supplemental Standards.

The proposed use meets all supplemental standards specifically applicable to the use as set forth in this chapter;

Character and Integrity.

The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances.

A certificate of occupancy shall not be issued until the final inspection shows that the project has been completed in accordance with the approved Conditional Use permit.

Maintenance of the property in conformance with the approved Specific Use permit shall thereafter be a condition of a valid certificate of occupancy. Failure to maintain the property in conformance with an approved Specific Use permit shall be a violation of this Section.

SPECIFIC USE PERMITS REQUIRED FOR CERTAIN ALCOHOLIC BEVERAGES SALES.

Definitions.

Alcoholic Beverage.

Alcohol, or any beverage containing more than one-half (1/2) of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.

Bar or Tavern.

An establishment principally for the sale and consumption of alcoholic beverages on the premises that derives seventy-five percent (75%) or more of its gross revenue on a quarterly (three-month) basis from the sale or service of alcoholic beverages, as defined in the Texas Alcoholic Beverage Code, for on-premises consumption. If an establishment is located in a hotel or motel, the gross revenues of the particular establishment, rather than the gross revenues of the entire hotel or motel, will be used in calculating the percentage of revenues derived from the sale or service of alcoholic beverages.

Liquor Store or Package Store.

Private Club.

An establishment providing social and dining facilities, as well as alcoholic beverage service, to an association of persons united for a common goal, and otherwise falling within the definition of, and permitted under the provisions of the Texas Alcoholic Beverage Code, as the same may be hereafter amended, and as it pertains to the operation of private clubs.

Winery.

A wine-making facility that either ferments juices from grapes and/or other fruit, blends wines, or manufactures, bottles, labels, and packages wine, and/or performs any other activity authorized by Chapter 16, Winery Permit, of the Texas Alcoholic Beverage Code[,] as amended.

Winery/Brewery/Distillery.

A manufacturing plant designed to distill alcoholic spirits such as wine, beer, ale, or liquor. No on-premises individual sales of alcoholic beverages are allowed.

Permits Required for Alcohol Sales.

Before any certification from the Texas Alcoholic Beverage Commission (TABC) or other documentation of approval is signed by any City representative, such certificate or documentation shall be submitted to the Planning and Zoning coordinator to ensure:

That the application complies with all provisions of this and all applicable ordinances, including applicable distance requirements;

That a Specific Use Permit (SUP) application is officially submitted with the payment of applicable fees;

That proof is submitted that a representative of TABC has approved the submittal of an application for license; and

That the Chief of Police or Director of Public Safety has reviewed the SUP application.

Following the recommendation by the Planning and Zoning Commission and approval of the SUP application by the City Council, a license or permit shall be issued to the applicant to be used at a specific address, in a specific zoning district, for specific types of alcohol sales, as described in the application for a Specific Use Permit. Said license shall be subject to a City fee, as described in Section 6(C)(2) [Subsection 6-AB.(7)]. A certificate of occupancy for the business shall be submitted, reviewed, and approved prior to commencement of sales.

Fees established for Alcohol Sales.

Zoning Compliance Required.

No permit shall be granted under the terms of this section unless the location at which the business is sought to be established and maintained is an allowed use under the Comprehensive Zoning Ordinance of the City as of or after the effective date thereof.

Alcohol Sales for Package Stores, Bars or Taverns, or Distilleries in Certain Zoning Districts.

Package Store.

A facility for the sale of beer, wine, and/or liquor not for on-premises consumption that derives seventy-five percent (75%) or more of its gross revenue from the on-premises sale of beer, wine, and/or liquor may be allowed in the General Retail (GR), Shopping Center (SC), and Commercial (C) zoning districts with the application for a Specific Use Permit. Planned Development Districts (PD) with nonresidential uses may be allowed through a SUP. In addition, a package or liquor store shall not have walk-up window access and shall not have drive-through or drive-up access. A liquor (package) store shall be located in one of the following:

In premises where two or more businesses are located within a single building (such as a "strip center"), the portion of the building that sells alcoholic beverages shall be coordinated with the rest of the building in terms of exterior materials, roof shape and materials, window size and number, entrances, and in all ways shall be compatible with the building setbacks, orientation, and relationship of building style to the other businesses within and near the structure and to the street. Signage should also be sized and contextually similar to the other business signs within the center.

In a stand-alone structure that shall have a minimum building square footage of 20,000 square feet.

Bars or Taverns with Alcoholic Beverage Sales.

A bar or tavern is defined as a business where the sale of alcoholic beverages for on-premises consumption is the primary source of income. Such bar or tavern serving alcoholic beverages may be allowed in the General Retail (GR), Shopping Center (SC), Commercial (C), and Planned Development Districts (PD) (with nonresidential uses) zoning districts with the application for a Specific Use Permit shall be subject to the following regulations and processes described in (5)(b)(i) through (xiii) [sic], above, with the exception that a bar or tavern shall not be located closer than three hundred (300) feet to any property used exclusively for religious or educational purposes. The method of measurement shall be in accordance with TABC rules allowing the vertical distance to count toward separation. A hotel shall not be considered a residential use for the purpose of this section. A bar or tavern shall be inspected and shall comply with all applicable local regulations, including but not limited to building codes, fire codes, plumbing codes, electrical codes and ordinances. Bars or taverns shall be regulated by Article 4.02 Alcoholic Beverages, Division 1, Generally, Section 4.02.009 Distance requirements applicable to certain establishments with high sales of alcoholic beverages, Section 10(b) [Subsection B.(9)(b)] and with the measurement method described in Section 10(c) [Subsection B.(9)(c)].

Distillery.

A distillery may be allowed in the General Retail (GR), Shopping Center (SC), Commercial (C) Industrial (IND), and Planned Development District (PD) (with nonresidential uses) zoning districts with the application for a Specific Use Permit. Distance requirements applicable to certain establishments with high sales of alcoholic beverages, Section 10(b) and with the measurement method described in Section 10(c).

Specific Use Permit (SUP) Process for Alcohol Sales.

SUP Required.

Except as specifically provided herein, no persons shall manufacture, sell, offer for sale, distribute, or engage in any other activity for which a permit or license is required by the Texas Alcoholic Beverage Code within the City without first obtaining a Specific Use Permit to do so from the City. All of the provisions of the Specific Use Permit procedure shall apply as per the City's Code of Ordinances, Chapter 14, Exhibit 14A, Zoning Ordinance, as amended. In the event of a conflict between the general regulations governing Specific Use Permits and the provisions contained in this section, the provisions of this section shall control.

SUP Application.

In order for a person to engage in the sale of alcoholic beverages, a formal application for a SUP shall be filed with the planning and planning and zoning coordinator with the appropriate fee established by the City. The Planning & Zoning coordinator shall process the application by submitting it to the Planning & Zoning Commission for their review and recommendation to the City Council for approval or disapproval. The City Council will consider and approve or disapprove the granting of a SUP for the sale of alcoholic beverages.

SUP Process.

All SUP applications shall be considered by the Planning & Zoning Commission which shall make a recommendation on such application to the City Council. The City Council shall make the final decision on all SUP applications. Public hearings on the SUP application shall be required for both the Commission and the Council. Written notices of those hearings shall be sent to City of Aubrey landowners within 200 feet of the subject property, and notice shall be published in the local newspaper as outlined in the Chapter 14, Zoning, Exhibit 14A, Zoning Ordinance, Section 28, Amendments, as amended.

Site Plan/Floor Plan Required.

The applicant shall submit a Site Plan/Floor Plan as part of the SUP application process in accordance with the City's Zoning, Chapter 14, Exhibit 14A, Zoning Ordinance, [Section 5] Subsection Q, Site Plans.

Criteria for Approval of SUP.

The following general conditions apply to all Specific Use Permits (SUP) allowing the sale of any alcoholic beverages:

The applicant must design and operate the establishment forwhich an SUP is sought in such a manner that the proposed use or actual use of the premises shall not substantially increase traffic congestion or create overcrowding in the establishment or in the immediately surrounding area.

The applicant must comply with applicable licensing and permit provisions of the Texas Alcoholic Beverage Code, as amended from the date of the issuance of the SUP by the City Council.

As required, the applicant shall bear the burden of showing that the establishment does not exceed the limitation on gross receipts from the sales of alcoholic beverages applicable to its license and SUP. The applicant shall maintain accounting records of the sources of its gross revenue and allow the City to inspect such records during reasonable business hours[.]

The applicant shall, at all times, provide an adequate number of employees for security purposes to adequately control the establishment premises to prevent incidents of drunkenness, disorderly conduct and raucous behavior. The applicant shall consult with the chief of police/director of public safety who shall act in an advisory capacity to determine the number of qualified employees necessary to meet his/her obligation hereunder.

The establishment shall provide adequate parking spaces to accommodate its employees and patrons. Provided however, the number of parking spaces shall never be less than those required for similar uses in that zoning district where the establishment is located.

The applicant shall operate the establishment in such a manner as to prevent excessive noise, dirt, litter, and odors in the establishment and in the surrounding area and operate the establishment in such a manner as to minimize disturbance to surrounding property owners and in compliance with all applicable City ordinances and state laws.

Unless specified as a condition of approval by the City Council for an SUP, a Specific Use Permit issued for any alcoholic beverage sales under this section shall automatically expire upon a change in use of the property, change of ownership to the property, and/or business, and/or upon the revocation, termination, or expiration of the certificate of occupancy.

All Specific Use permits issued under this section shall be further conditioned that the same may be discontinued if the use for which the SUP was granted ceases to be operated at the permitted location for a minimum period of six (6) continuous months, or as otherwise provided for the revocation of SUPs, as outlined in the comprehensive zoning ordinance, as amended.

It is unlawful for any person to sell, offer for sale, or deliver any beer, wine, or liquor, except within those hours as prescribed in the Texas Alcoholic Beverage Code, as amended, including but not limited to Chapter 105 of the Texas Alcoholic Beverage Code, as amended.

Criteria for Denial of SUP.

The City Council may deny an SUP if it affirmatively determines that the issuance of such SUP:

The use is incompatible with the surrounding uses or property; or

The use is detrimental or offensive to the neighborhood or contrary to the health, safety, and general welfare of the City and its inhabitants; or

The use is found to be in noncompliance with any City ordinances, including without limitation failure to comply with any one (1) or more of the provisions of this section.

Distance Requirements.

High Volume Sales.

High volume sales include package or liquor stores, bars or taverns, wineries, and distilleries. An establishment that derives seventy-five percent (75%) or more of the establishment's gross revenue from the sale of alcoholic beverages for on-premise[s] consumption may not be located within 1,000 feet of a public school, private school, church, day care center or child care facility, as those terms are described by TABC. Alcohol sales for on-site consumption in an establishment defined as a "bar or tavern" shall not be located within 1,000 feet of another like business. Alcohol sales for off-premises consumption in an establishment defined as a "liquor or package store" shall not be located within 2,000 feet of another like business.

Measurement.

Exception to Distance Requirements.

Pursuant to Section 11 of Ord. 484-12, adopted on November 20, 2012, the City Council may allow variances to the distance requirement regulations in Section 9(a) and 9(b) [Subsection B.(9)(a) and B.(9)(b)] of this Ordinance if the City Council determines that enforcement of the distance requirements in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the City Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines that a variance is in the best interest of the community.

Upon recommendation by the Planning and Zoning Commission, the City Council may allow an exception upon proof by the applicant that he/she meets the following criteria:

Documented approval from surrounding property owners within the distance requirements for which the exception is sought;

Proof of preliminary approval from the Texas Alcoholic Beverage Commission;

A determination by Council that the enforcement of the regulations in a particular instance is not in the best interest of the public; and

After consideration of the health, safety, and welfare of the public and the equities of such regulation, the Council determines that the exception is in the best interest of the community.

Special Events.

Alcoholic beverage sales shall be permitted for special events as adopted in Chapter 4, Business Regulations, Article 2, Alcoholic Beverages, City of Aubrey Code of Ordinances.

Sale, Consumption, and Possession of Alcoholic Beverages on public property.

It shall be unlawful for any person to consume or possess any alcoholic beverage on:

Any public street or alley in the City;

Any public place adjacent to any street or alley in the City;

Any city-owned or controlled park, including any reserved area within any park, playground, recreation center, cemetery, or any other area devoted to active or passive recreation, including all planted medians, pedestrian or bikeways, all parking lots servicing parks and public areas, landscaped parkways, triangles, and traffic islands maintained by the City;

Any public athletic field and all parking lots servicing such athletic fields; and

Any public street, public alley, or public sidewalk within one thousand (1,000) feet of the property line of a facility that is a public or private school, including a parochial school, that provides all or any part of pre-kindergarten through twelfth grade in the buildings or on the grounds of any public school.

Special Events.

The sale of beer and/or wine shall be permitted for Special Events sponsored or organized by the City of Aubrey or to which the City of Aubrey is a partner with another organization, and which is held upon public property per the City of Aubrey Code of Ordinances, Article 4.02 Alcoholic Beverages.

Establishments Selling Alcoholic Beverages in Existence Prior to this Ordinance.

Establishments selling alcoholic beverages in existence prior to this ordinance being adopted are deemed to have not met the Specific Use Permit requirement.

Existing establishments selling alcoholic beverages shall apply for a Specific Use Permit three (3) months prior to the TABC permit annual renewal.

USE CHART:

P = Permitted

S = Specific Use Permit

C = Conditional Use Permit

Permit Blank = not permitted

ALCOHOL BEVERAGE SALES
ZONING DISTRICT	GR	SC	C	IND	PD*
USE
Convenience Store Sales of Beer and Wine	C	C	C	C	C
Grocery Store Sales of Beer and Wine	C	C	C		C
Bar or Tavern	S	S	S		S
Restaurant Serving Mixed Beverages	C	C	C		C
Restaurant Serving Beer and Wine	C	C	C		C
Winery	C	C	C	C	C
Brewpub	C	C	C	C	C
Winery/Brewery/Distillery	S	S	S	S	S
Winery/Brewery Retail Sales	C	C	C	C	C
Liquor Store or Package Store	S	S	S		S
Private Club	S	S	S		S
*Applies only to nonresidential portions of Planned Developments.

(Ordinance 905-25 adopted 5/22/2025)

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§ 7 ANNEXED TERRITORY.

ANNEXED TERRITORY TO BE ZONED SF1.

All territory hereafter annexed to the City of Aubrey shall be temporarily classified as Single-Family 1 (SF1) District until permanent zoning is established by the City Council, except as provided in Section 7.C below. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure established by law for the adoption of the original zoning regulations.

REGULATIONS FOR TEMPORARY SF1 DISTRICTS.

In an area temporarily classified as SF1:

No person shall erect, construct or add to any building or structure or cause same to be done in any newly annexed territory without first applying for and obtaining a building permit or certificate of occupancy from the building official or City Council as required herein.

No permit for the construction of a building or use of land shall be issued other than a permit which will allow construction of a building permitted in SF1 district(s) unless and until such territory has been classified in a zoning district other than a Single-Family 1 (SF1) District.

§ 8 CLASSIFICATION OF NEW AND UNLISTED USES.

An application for a permit for any use other than that specified above shall be made to the zoning administrative official and by him referred to the Planning and Zoning Commission for consideration and recommendation to the City Council. The Planning and Zoning Commission in making its recommendation shall take into consideration the appropriate land use for the area and the overall plan for the city. The City Council, after receiving and reviewing the recommendations of the Planning and Commission may, by majority vote, authorize the issuance of a building permit or certificate of occupancy or may disapprove the application as their findings may indicate appropriate in the public interest.

CONCURRENT REZONING AND ANNEXATION.

Application(s) for permanent zoning of a newly annexed area may be considered by the city at the same time as the area is being considered for annexation, although annexation procedures must be completed prior to any final zoning actions by the City Council.

(Ordinance 135-87 adopted 4/14/87)

It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the City of Aubrey. In order to provide for such changes and contingencies a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:

The zoning administrative official shall refer the question of any new or unlisted use to the Planning and Zoning Commission requesting an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage, and amount or nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, toxic material and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer.

The Planning and Zoning Commission shall consider the nature and described performance of the proposed use and compatibility with the uses permitted in the various districts and after public hearing determine the zoning district or districts within which such use should be permitted.

§ 9 AG-R - AGRICULTURAL RESIDENTIAL DISTRICT.

The Planning and Zoning Commission shall transmit its findings and recommendations to the City Council as to the classification proposed for any new or unlisted use. The City Council may approve the recommendation of the Planning and Zoning Commission or make such determination concerning the classification of such use as is determined appropriate after giving consideration to the facts and recommendations.

(Ordinance 135-87 adopted 4/14/87)

PURPOSE.

The AG District is intended to be used primarily in areas where agricultural uses should be retained and where scattered nonfarm growth should be prevented.

USES PERMITTED.

Agriculture -

Any customary agricultural use, building, or structure including nurseries, greenhouses, orchards, truck farms and animal farms.

Residential -

Single-family detached dwellings.

Institutional -

Churches and parish houses; cemeteries and crematories for the human dead; school(s) and colleges, including dormitories; public buildings and structures of the recreational, cultural, administrative and public service type; parks, playgrounds, neighborhood recreational centers.

Private recreation -

Private noncommercial recreation areas, including country clubs, riding stables, swim clubs, and similar uses.

Dairies and related establishments for processing milk products, not including retailing.

Public utilities and railroad right-of-way and tracks not including terminals, railroad yards, reservoirs, water towers, pumping plants, or storage yards.

Government use, as defined in section 4.

CONDITIONAL USES.

The following uses shall be permitted only if expressly authorized by the City Council:

Hospitals for human care and veterinary hospitals of any kind provided that the hospital grounds shall be at a distance of at least two hundred (200) feet from any residential district.

Sewage disposal by the city or their authorized agents, subject to health department approval.

Utility stations and communications -

Static transformer stations, booster stations, transmitters and utility stations, when operating requirements necessitate locating in the district, provided there is no yard or garage for service or storage, and provided further that the premises upon which the utility station is erected and maintained shall be appropriately landscaped and screened so as to be in harmony with the general appearance of the neighborhood and not objectionable as to noise, odor, vibration or other disturbances.

Radio and television transmitter tower.

Essential service -

Defined in Section 4.A(39) [4(39)].

ACCESSORY USES.

Accessory uses, buildings, or structures customarily incidental to any aforesaid permitted or conditionally permitted uses, including the following:

Temporary fruit stands on any premises used for agricultural purposes.

Parking facilities -

Garages, carports, or other parking spaces for the exclusive use of residents of the premises in accordance with Section 25.

§ 10 SF1 - SINGLE-FAMILY RESIDENTIAL 1 ACRE LOT.

Swimming pools.

AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS.

The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear) maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of Section 22, “Schedule of District Regulations” and other applicable provisions of Section 23, “Supplementary District Regulations.”

(Ordinance 135-87 adopted 4/14/87; Ordinance 776-23 adopted 1/26/2023)

PURPOSE.

The SF1 District is established to allow for larger lots with one (1) family dwelling structure per lot. This district is intended to provide for residential lands to accommodate more rural settings and accessory yard uses. These lots should be generally located in groups, blocks, or areas where the accessory uses of the land do not either materially or in an obnoxious manner influence neighboring properties. The SF1 District is also a temporary classification for newly annexed land.

USES PERMITTED.

The following uses shall be permitted:

One-family dwellings, detached.

Agricultural uses, but not including commercial dairies, commercial dog kennels, commercial hatcheries, and commercial mink, fox, or other fur-bearing animal farms and rat farms. Buildings and structures used for sheltering or feeding livestock shall be located not less than twenty-five (25) feet from any adjoining lot in any residential district.

Parks and playgrounds.

Accessory uses, including but not limited to the following:

Athletic field and playfields, noncommercial including stadiums or grandstands.

Dwelling units and lodging rooms in detached buildings for persons regularly employed on the premises and the employees’ immediate families.

Government use, as defined in section 4.

CONDITIONAL USES.

The following conditional uses may be allowed in a district subject to the provisions of Section 6, and the distances specified in this subsection shall prevail unless they are modified by the board of adjustment in accordance with the provisions of Section 6.

Public utility and public service uses as follows:

Electric substations.

Gas odorizing stations and gate stations.

Radio and television towers.

Railroad right-of-way, but not including railroad yards and shops, freight and service buildings, or right-of-way for switch, lead, spur, or team tracks.

Telephone exchanges and transmission equipment buildings.

Privately owned water pumping stations and water reservoirs.

Outdoor recreational premises, clubs and grounds for swimming, tennis, boating, horse riding, skiing, and other sports. Accessory clubhouses and maintenance buildings.

Churches, parish houses, and convents.

§ 11 SF10 - SINGLE-FAMILY RESIDENTIAL 10,000 SQUARE FOOT LOT.

Public and private schools.

AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS.

AUTOMOBILE PARKING SPACE REGULATIONS.

For automobile parking requirements, see Section 25.

(Ordinance 135-87 adopted 4/14/87; Ordinance 776-23 adopted 1/26/2023)

PURPOSE.

This district is the predominant single-family housing district in the city. Development in the SF10 district is limited primarily to single-family dwellings and certain community and recreational facilities to serve residents of the district.

USES PERMITTED.

The following uses shall be permitted:

One-family dwellings, detached.

Parks and playgrounds.

Athletic fields and playfields, noncommercial, including stadiums and grandstands.

Government use, as defined in section 4.

CONDITIONAL USES.

The following conditional uses may be allowed in the SF10 District, subject to the provisions of Section 6, and the distances specified in this subsection shall prevail unless they are modified by the planning and zoning commission in accordance with the provisions of Section 6.

Public utility and public services uses as follows:

Electric substations.

Gas odorizing stations and gate stations.

Railroad right-of-way, but not including railroad yards and shops, freight and service buildings, or rights-of-way for switch, lead, spur or team tracks.

Telephone exchanges and telephone transmission equipment buildings.

Privately owned water pumping stations and water reservoirs.

College and universities, provided that the zoning lot shall be not less than forty (40) acres.

Churches, parish houses, convents.

§ 12 SF75 - SINGLE-FAMILY RESIDENTIAL 7,500 SQUARE FEET.

Public and private schools.

AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS.

The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of Section 22, “Schedule of District Regulations” and other applicable provisions of Section 23, “Supplementary District Regulations.”

AUTOMOBILE PARKING SPACE REGULATIONS.

For parking space requirements, see Section 25.

(Ordinance 135-87 adopted 4/14/87; Ordinance 776-23 adopted 1/26/2023)

PURPOSE.

This district provides a slightly higher density single-family housing district in the city. Development in the SF75 district is limited primarily to single-family dwellings and certain community and recreational facilities to serve residents of the district.

USES PERMITTED.

The following uses shall be permitted:

One-family dwellings, detached.

Parks and playgrounds.

Athletic fields and playfields, noncommercial, including stadiums and grandstands.

Accessory uses, including but not limited to the following:

Athletic field and playfields, noncommercial, including stadiums of grandstands.

Dwelling units and lodging rooms in detached buildings for persons regularly employed on the premises and the employees’ immediate families.

Government use, as defined in section 4.

CONDITIONAL USES.

The following conditional uses may be allowed in an SF75 District subject to the provisions of Section 6, and the distances specified in this subsection shall prevail unless they are modified in accordance with the provisions of Section 6.

Public utility, and public service uses as follows:

Electric substations.

Gas odorizing stations and gate stations.

Radio and television towers.

Railroad right-of-way, but not including railroad yards and shops, freight and service buildings, or right-of-way for switch, lead, spur, or team tracks.

Telephone exchanges and transmission equipment buildings.

Privately owned water pumping stations and water reservoirs.

Outdoor recreational premises, clubs and grounds for swimming, tennis, boating, horse riding, skiing, and other sports. Accessory clubhouses and maintenance buildings.

CONDITIONAL USES.

The following conditional uses may be allowed in the SF75 District, subject to the provisions of Section 6, and the distances specified in this subsection shall prevail unless they are modified by the City Council in accordance with the provisions of Section 6.

Public utility and public service uses as follows:

Electric substations.

Gas odorizing stations and gate stations.

Railroad right-of-way, but not including railroad yards and shops, freight and service buildings, or rights-of-way for switch, lead, spur or team tracks.

Telephone exchanges and telephone transmission equipment buildings.

Privately owned water pumping stations and water reservoirs.

College and universities, provided that the zoning lot shall be not less than forty (40) acres.

Churches, parish houses, convents.

§ 13 SFAC - TWO-FAMILY RESIDENTIAL ATTACHED.

Public and private schools.

Editor’s note–Ordinance 135-87, section 12, contained two subsections C., “Conditional Uses,” as set out above.

AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS.

(Ordinance 135-87 adopted 4/14/87; Ordinance 776-23 adopted 1/26/2023)

PURPOSE.

The SFAC two-family duplex dwelling district is established to stabilize and protect characteristics of low density residential areas. This district may be suitable as a buffer zone between single-family and higher intensity uses. Development in the SFAC District is limited primarily to single-family and two-family dwellings and certain community and recreational facilities to service residents of the district.

PERMITTED USES.

The following uses shall be permitted:

Two-family dwellings with additional lot area(s) required herein.

Government use, as defined in section 4.

(RESERVED).

AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS.

AUTOMOBILE PARKING SPACE REGULATIONS.

For parking space requirements, see Section 25.

(Ordinance 135-87 adopted 4/14/87; Ordinance 579-16, sec. 2, adopted 12/15/15; Ordinance 776-23 adopted 1/26/2023)

§ 14 MF - MULTIPLE-FAMILY RESIDENTIAL.

PURPOSE.

The MF District is established to meet the needs for higher density residential area aesthetics, is environmentally sound, is compatible to the neighborhood, and promotes the character of the community.

USES PERMITTED.

The following uses shall be permitted:

Multiple-family dwellings and clustered multiple-family dwellings, which clustered multiple-family dwellings have a site plan approved by the Planning and Zoning Commission for the particular project in which they are proposed;

Townhouses;

Two-family dwelling units;

Public and private schools;

Churches, parish houses, convents;

Country clubs, tennis courts, and such additional recreational uses as are for private recreation purposes or private club recreational purposes. Clubhouses and maintenance buildings shall be located not less than two hundred (200) feet from any adjacent lot in an adjoining residence district;

Parks and playgrounds;

Accessory uses, including but not limited to the following:

Athletic field and playfields, noncommercial, including stadiums and grandstands;

Temporary buildings for storage of building materials and equipment and construction purposes, when on the same or adjoining lot as the principal use, for a period not to exceed the duration of such construction;

Day care center; subject to the following conditions, and upon approval of a Specific Use Permit, subject to the provisions of Section 6:

Hours of operation not to exceed 6:00 a.m. to 10:00 p.m.;

Adherence to all state requirements that govern day care centers for children and adults;

Day care center should provide adequate outdoor recreation space.

Government use, as defined in section 4.

CONDITIONAL USES.

The following conditional uses may be allowed in the MF District subject to the provisions of Section 6:

One-family dwelling units.

AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS.

The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), and maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of Section 22, “Schedule of District Regulations,” and other applicable provisions of Section 23, “Supplementary District Regulations.”

AUTOMOBILE PARKING SPACE REGULATIONS.

For parking space regulations, see Section 25.

ADDITIONAL REQUIREMENTS.

Any multiple-family dwelling which accepts children shall provide designated playground areas with not less than one thousand (1,000) square feet of usable area per ten (10) units of living area. For each additional unit, twenty-five (25) square feet per unit shall be required. Playground areas shall not be more than three hundred (300) feet from any individual multiple-family unit.

(Ordinance 135-87 adopted 4/14/87; Ordinance 579-16, sec. 3, adopted 12/15/15; Ordinance 643-18, sec. 2, adopted 9/28/18; Ordinance 776-23 adopted 1/26/2023)

§ 15 GR - GENERAL RETAIL.

PURPOSE.

The GR District is established to accommodate the shopping needs of residents in adjacent residential areas. This district is meant to be used in limited areas where retail or service establishments deal directly with customers. Businesses in the GR District should be oriented to satisfying the daily and frequent shopping needs of the neighborhood consumer.

GENERAL CONDITIONS.

Business uses above the ground floor are permitted on any floor above the ground floor except in those buildings where dwelling units are established.

All business establishments shall be retail or service establishments which deal directly with the customers. All goods produced on the premises shall be sold to consumers only on the premises where produced.

All business, servicing or processing, except for off-street parking, off-street loading, temporary display of merchandise such as garden, lawn, and recreational supplies and equipment for sale to the public, and automobile service station operation, shall be conducted within completely enclosed buildings.

Business establishments are restricted to a maximum gross floor area of five thousand (5,000) square feet on the ground floor, exclusive of any floor area devoted to off-street parking or loading.

Parking of trucks as an accessory use, when used in the conduct of a permitted business listed in this section, shall be limited to vehicles of not over one and one-half (1-1/2) ton capacity when located within one hundred fifty (150) feet of a residence district boundary line.

USES PERMITTED.

The following uses shall be permitted:

Day care center; subject to the following conditions, and upon approval of a Specific Use Permit, subject to the provisions of Section 6:

Hours of operation not to exceed 6:00 a.m. to 10:00 p.m.;

Adherence to all state requirements that govern day care centers for children and adults;

Day care center should provide adequate outdoor recreation space.

Neighborhood retail sales and service such as:

Art shops, artist’s and professional studios, beauty parlors, clothing stores, drugstores, grocery stores, markets or supermarkets, hardware stores, household appliance and fixture repair shops, post office stations, self-service laundries.

Shops for the following and similar occupations: barber, cabinet maker, electrician, jeweler, watchmaker, locksmith, optician, painter, plumber, shoemaker, tailor;

Business and professional offices;

Professional offices such as doctors, dentists, attorneys, chiropractors, psychologists, insurance, real estate, architects, engineers, accountants, building contractors, and other similar uses.

Clinics, both medical and dental that could include pharmaceutical sales provided that such pharmacies are complementary to the primary clinic use of the structure. Other similar medical or dental, diagnostic or therapeutic facilities (except residences) are permitted.

Bakeries, cafes, confectionaries, ice cream shops, and restaurants which prepare foodstuffs for on-site retail sale only;

Automobile parking lots and structures;

Other neighborhood retail sales or service uses which are similar in character to those enumerated above and which will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public welfare, and will not impair the use, enjoyment or value of any property, but not including any use permitted in a SC, C, or IND District;

Churches;

Public utility and public service uses as follows:

Electric substations.

Gas odorizing stations, and gate stations.

Radio and television towers.

Railroad right-of-way, but not including railroad yards and shops, freight and service buildings, or rights-of-way for switch, lead, spur or team tracks.

Telephone exchanges and transmission equipment buildings.

Privately owned water pumping stations and water reservoir.

Government use, as defined in section 4.

CONDITIONAL USES.

The following conditional uses may be allowed in the GR district subject to the provisions of Section 6.

Hotels and motels, provided that the zoning lot shall be not less than one (1) acre;

Dwelling units, restricted to a total gross floor area of five thousand (5,000) square feet above the ground floor of a commercial building; and

For GR zones within the scope of the City’s adopted Downtown Master Plan (adopted by Ordinance 557-15), dwelling units are restricted to a multistory building and limited to a total gross floor area of five thousand (5,000) square feet of a commercial building.

AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS.

The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of Section 22, “Schedule of District Regulations,” and other applicable provisions of Section 23, “Supplementary District Regulations.”

AUTOMOBILE PARKING SPACE REGULATIONS.

For parking space regulations, see Section 25.

SCREENING.

In the GR District, wherever a GR use abuts the SF1, SF10, SF75, SFAC, and MF, a wall or fence of not less than six (6) feet in height is required.

(Ordinance 135-87 adopted 4/14/87; Ordinance 474-12, sec. 2.03, adopted 8/21/12; Ordinance 579-16, sec. 4, adopted 12/15/15; Ordinance 643-18, sec. 4, adopted 9/28/18; Ordinance 684-20 adopted 8/28/20; Ordinance 776-23 adopted 1/26/2023; Ordinance 776-23 adopted 1/26/2023)

§ 16 SC - SHOPPING CENTER.

PURPOSE.

The SC District is established to accommodate those uses that are of city-wide and regional significance. Within this district are permitted retail and service uses characteristic of retailing markets. This district is intended to accommodate retail activities that cannot be accommodated in the GR General Retail District.

GENERAL CONDITIONS.

All business, servicing or processing, except for off-street parking, off-street loading and automobile service station operation, shall be conducted within completely enclosed buildings except as otherwise provided.

No use hereunder shall be permitted if said use entails storage or display of items for sale not enclosed by a building except for incidental display of sale or seasonal retail items and such incidental display shall be permitted only if it occupies no more than five percent (5%) of the total lot area.

Accessory off-street parking is required for SC districts as provided in Section 25. completely enclosed buildings except as otherwise provided. [sic]

USES PERMITTED.

The following type of uses shall be permitted:

Day care center; subject to the following conditions, and upon approval of a Specific Use Permit, subject to the provisions of Section 6:

Hours of operation not to exceed 6:00 a.m. to 10:00 p.m.;

Adherence to all state requirements that govern day care centers for children and adults;

Day care center should provide adequate outdoor recreation space.

Existing residential dwelling units and lodging uses as such on the effective date of this Ordinance;

Bakery shops;

Candy shops and candy making;

Cleaning and dyeing facilities;

Mortuaries;

Pumping stations;

Radio, AM or FM or television broadcasting stations or transmitters and microwave radio relay structures;

Printer;

Telephone exchanges;

Theaters, lodges, assembly halls, auditoriums;

Antique shops;

Art galleries and museums;

Auction rooms;

Automobile accessory stores;

Automobile service stations, including the incidental storage of rental trucks and trailers, except that trucks and trailers for storage of [or] rental may not be parked within the public right-of-way;

Banks and financial institutions;

Blueprinting and photostating establishments;

Business machine sales and service establishments;

Camera and photographic supply stores;

Carpet and rug stores;

Catering establishments;

China and glassware stores;

Clothing and costume rental stores;

Coin and philatelic stores;

Department stores;

Dry goods stores;

Employment agencies;

Floor covering;

Florist shops and conservatories;

Fraternal, philanthropic and eleemosynary uses;

Furniture stores;

Furrier shops, including the incidental storage and conditioning of furs;

Household appliance stores, including radio and television sales and service;

(35)

Interior decorating shops, including upholstering and making of draperies, slipcovers, and other similar articles when conducted as part of the retail operation and secondary to the principal use;

(36)

Leather goods and luggage stores;

(37)

Loan offices;

(38)

Locksmith shops;

(39)

Meat markets, including sale of meat and meat products to restaurants, hotels, clubs and other similar establishments when such sale is conducted as part of the retail business on the premises;

(40)

Musical instruments sales and repair;

Office supply stores;

Optical sales;

Orthopedic and medical appliance and supply stores;

Paint and wallpaper stores;

Phonograph, record, sound equipment and sheet music stores;

Physical culture and health services and reducing salons;

(47)

Picture framing;

(48)

Restaurants;

(49)

Schools for music, dance, business or trade;

(50)

Sewing machine sales and service, household appliances only;

(51)

Sporting goods stores;

Tailor shops;

Telegraph offices;

Theaters, indoor;

Ticket agencies, amusement;

(56)

(Reserved)

(57)

Travel bureaus and transportation ticket offices;

(58)

Upholstery shops;

(59)

Water softener sales and services;

(60)

Other retail sales and service uses which are similar in character to those enumerated in this subsection, and which will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public welfare, and will not impair the use, enjoyment or value of any property, but not including any of the following uses:

Any use permitted only in an IND District.

Manufacturing and processing other than an accessory use customarily incidental to permitted commercial sales and service uses.

Any use which is objectionable by reason of emission of odor, dust, smoke, gas, vibration or noise, or which may impose hazard to health or property.

(61)

Government use, as defined in section 4.

CONDITIONAL USES.

Conditional uses in the SC District shall include any uses not specifically enumerated in Section 16 that can be considered shopping center oriented in character.

AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS.

The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of Section 22, “Schedule of District Regulations,” and other applicable provisions of Section 23, “Supplementary District Regulations.”

AUTOMOBILE PARKING SPACE REGULATIONS.

For parking space regulations, see Section 25.

SCREENING.

In the GR District, whenever a SC use abuts an SF1, SF10, SF75, SFAC and MF use, a wall or fence of not less than six (6) feet in height is required. Natural screening may be substituted for a wall or fence upon approval of the City Council. Walls must be of a masonry construction. Fences must be solid and of metal or wooden material construction.

(Ordinance 135-87 adopted 4/14/87; Ordinance 579-16, sec. 5, adopted 12/15/15; Ordinance 643-18, sec. 5, adopted 9/28/18; Ordinance 776-23 adopted 1/26/2023; Ordinance 904-25 adopted 5/22/2025)

§ 17 C - COMMERCIAL.

PURPOSE.

The C District is established to accommodate those uses that are of city-wide and regional significance. Within this district are permitted retail and service uses characteristic of retailing markets. This district is intended to accommodate retail activities that cannot be accommodated in the GR General Retail District.

GENERAL CONDITIONS.

Accessory off-street parking is required for SC [C] districts as provided in Section 25.

USES PERMITTED.

The following type of uses shall be permitted:

Day care center; subject to the following conditions, and upon approval of a Specific Use Permit, subject to the provisions of Section 6:

Hours of operation not to exceed 6:00 a.m. to 10:00 p.m.;

Adherence to all state requirements that govern day care centers for children and adults;

Day care center should provide adequate outdoor recreation space.

Existing residential dwelling units and lodging uses as such on the effective date of this Ordinance;

Bakery shops;

Candy shops and candy making;

Cleaning and dyeing facilities;

Commercial recreation uses, including bowling alleys, arcades, golf driving ranges, gymnasiums, miniature golf courses, pool halls, swimming pools and skating rinks;

Creameries and ice cream plants;

Hotels, apartment hotels and motels;

Ice plants, cold-storage plants;

Laundries, including automobile washes;

Mortuaries;

Pumping stations;

Radio, AM or FM or television broadcasting stations or transmitters and microwave radio relay structures;

Printer;

Repair and storage garages;

Telephone exchanges;

Theaters, lodges, assembly halls, auditoriums;

Tire repair shops;

Auto body operations;

Spray-painting operations;

Antique shops;

Art galleries and museums;

Auction rooms;

Automobile accessory stores;

Automobile service stations; including the incidental storage of rental trucks and trailers, except that trucks and trailers for storage or rental may not be parked within the public right-of-way.

(26)

Banks and financial institutions;

(27)

Blueprinting and photostating establishments;

(28)

Business machine sales and service establishments;

(29)

Camera and photographic supply stores;

(30)

Carpet and rug stores;

Catering establishments;

China and glassware stores;

Clothing and costume rental stores;

Coin and philatelic stores;

Department stores;

Dry goods stores;

Employment agencies;

Exterminating shops;

Floor covering;

Florist shops and conservatories;

Fraternal, philanthropic and eleemosynary uses;

Furniture stores;

Furrier shops, including the incidental storage and conditioning of furs;

Hospitals and sanitariums;

Household appliance stores, including radio and television sales and services;

Interior decorating shops, including upholstering and making of draperies, slipcovers, and other similar articles when conducted as part of the retail operation and secondary to the principal use;

(47)

Laboratories for research development and testing;

(48)

Leather goods and luggage stores;

(49)

Loan offices;

(50)

Locksmith shops;

(51)

Meat markets, including sale of meat and meat products to restaurants, hotels, clubs and other similar establishments when such sale is conducted as part of the retail business on the premises;

(52)

Musical instruments sales and repair;

(53)

Office supply stores;

(54)

Optical sales;

(55)

Orthopedic and medical appliance and supply stores;

(56)

Paint and wallpaper stores;

(57)

Phonograph, record, sound equipment and, sheet music salons;

(58)

Physical culture and health services and reducing salons;

(59)

Picture framing;

(60)

Restaurants;

(61)

Schools for music, dance, business or trade;

(62)

Sewing machine sales and service, household appliances only;

(63)

Sporting goods store;

Tailor shops;

Taxidermists;

Telegraph offices;

Theaters, indoor;

Ticket agencies, amusement;

(69)

(Reserved)

(70)

Travel bureaus and transportation offices;

(71)

Upholstery shops;

(72)

Water softener sales and service;

(73)

Vehicle service centers;

(74)

Any use permitted only in an IND District.

Manufacturing and processing other than an accessory use customarily incidental to permitted commercial sales and service uses.

Any use which is objectionable by reason of emission of odor, dust, smoke, gas, vibration or noise, or which may impose hazard to health or property.

(75)

Government use, as defined in section 4.

CONDITIONAL USES.

Conditional uses in the C District shall include:

Any uses not specifically enumerated in Section 17 that can be considered commercial in character.

Machinery and equipment sales and service establishments for equipment under one and one-half (1-1/2) tons gross weight.

AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS.

The requirements regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, [shall conform with the provisions of Section 22,] “Schedule of District Regulations,” and other applicable provisions of Section 23, “Supplementary District Regulations.”

AUTOMOBILE PARKING SPACE REGULATIONS.

For parking space regulations, see Section 25.

SCREENING.

In the C District, whenever a C use abuts an SF1, SF10, or SF75 use, a wall or fence of not less than six feet (6') shall be required. Natural screening may be substituted for a wall or fence upon approval of the City Council. Walls must be of masonry construction. Fences must be solid and of metal or wood material construction.

(Ordinance 135-87 adopted 4/14/87; Ordinance 579-16, sec. 6, adopted 12/15/15; Ordinance 643-18, sec. 6, adopted 9/28/18; Ordinance 776-23 adopted 1/26/2023; Ordinance 830-24 adopted 3/28/2024; Ordinance 852-24 adopted 6/27/2024; Ordinance 904-25 adopted 5/22/2025)

§ 18 IND - INDUSTRIAL.

STATEMENT OF PURPOSE.

The IND District is established to accommodate those uses which are of a non-nuisance type located in relative proximity to residential areas, and to preserve and protect lands designated on the comprehensive plan for industrial development and use from the intrusion of certain incompatible uses which might impede the development and use of lands for industrial purpose. Development in the IND District is limited primarily to certain wholesale and jobbing commercial uses and certain industrial uses, such as the fabrication of materials, and specialized manufacturing and research institutions, all of a non-nuisance type.

GENERAL CONDITIONS.

Uses permitted in the IND District are subject to the following conditions:

All business, servicing, or processing, except for off-street parking, off-street loading, display of merchandise for sale to the public, and establishments of the “drive-in” type, shall be conducted within completely enclosed buildings unless otherwise indicated in this section.

All storage within one hundred (100) feet of a residence district, except for motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened with screening not less than six (6) feet nor more than eight (8) feet in height, provided no storage located within fifty (50) feet of such screening shall exceed the maximum height of such screening.

USES PERMITTED.

Uses permitted in the IND District shall be as follows:

Advertising products, such as signs and billboards, subject to the regulations, restrictions, and requirements of Section 27 of this ordinance.

Ambulance, bus, train, and taxi stations, truck yards;

Awnings, venetian blinds, and window-shades;

Bakery, candy, dairy and other food products, but not including fish and meat products, sauerkraut, vinegar, yeast, alcohol or alcoholic beverages;

Boat-building of small craft and other similar assembling;

Bottling or distribution plants, milk or soft drinks;

Building materials yard, contractor’s yard, lumberyard;

Cameras and other photographic equipment;

Ceramic products, such as pottery, figurines, and small glazed tiles;

Cleaning and dyeing plants;

Cosmetics and toiletries, drugs, perfumes, and perfumed soaps, and pharmaceutical products;

Electrical appliances, such as lighting fixtures, irons, fans, and toasters;

Electrical equipment assembly, such as home radio and television receivers and home movie equipment, but not including electrical machinery;

Electrical supplies, manufacturing and assembly, such as wire and cable assembly, switches, lamps, insulation and dry cell batteries;

Electronic instruments;

Furniture refinishing using a manufacturing or chemical dipping process;

Jewelry;

Machine shops and fabrication of metal not more than ten (10) gauge in thickness;

Medical, dental, and optical supplies;

Metal finishing, plating, grinding, sharpening, polishing, cleaning, rustproofing, and heat treatment;

Metal stamping and extrusion of small products, blades, bottle caps, buttons, and kitchen utensils;

Milk and ice cream processing;

Monument works;

Musical instruments;

Orthopedic and medical appliances, such as artificial limbs, braces, supports, and stretchers;

(26)

Photofinishing associated with a manufacturing process;

(27)

Repair of farm, household, office machinery or equipment;

(28)

Scientific and precision instruments;

(29)

Sheetmetal shops;

(30)

Silverware, plate and sterling;

Shell egg business, candling, cartoning, and distributing;

Existing commercial and residential uses in use as such on the effective date of this Ordinance;

Public utility and public service uses as follows:

Bus stations, bus terminals, bus turnaround (off-street), bus garages, and bus lots;

Electric substations;

Gas regulator stations, mixing stations, and gate stations;

Radio and television towers;

Railroad passenger stations;

Telephone exchanges, microwave relay towers, telephone transmission equipment buildings and service yards;

Radar installations and towers;

(35)

Radio and television studios and stations;

(36)

Schools, trade;

(37)

Stadiums, auditoriums, and arenas, open or enclosed;

(38)

Storage and warehousing establishments;

(39)

Storage yards, but not including junkyards;

(40)

Trailer sales and rental, for use with private passenger motor vehicles;

Weighing stations;

Wholesaling establishments;

Accessory uses, including but not limited to the following:

Temporary buildings for construction purposes for a period not to exceed the duration of such construction;

Other wholesale, light manufacturing, construction or service uses which are similar in character to those enumerated in this subsection, and which will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public welfare, and will not impair the use, enjoyment, or value of any property;

Factory outlet retail or wholesale store for the sales and servicing of goods or materials on the same premises as the manufacturing company to which they are related, including sales and service in a separate building or buildings.

Government use, as defined in section 4.

CONDITIONAL USES.

The following conditional uses may be allowed in the IND District subject to the provisions of Section 6:

Amusement establishments, livestock exhibition halls, including fairgrounds, permanent carnivals, kiddie parks, and other similar outdoor amusement facilities;

Asphalt and concrete batching or ready-mix plants;

Concrete products casting;

Dwelling units may be permitted only as an accessory use and only for employees having duties in connection with any premises requiring them to live on said premises, including families of such employees when living with them.

Gasoline and oil storage, wholesale, provided all applicable safety regulations are complied with and provided that the location is approved by the City Council.

Motor freight terminals;

Railroad freight terminals, railroad switching and classification yards, repair shops, and roundhouses;

Restaurant;

Theaters, automobile drive-in;

Automobile and motorized vehicle and equipment display, sales, and service.

Tobacco Shops. See regulations in Section 6-A C, Conditional Use Permit Required for Tobacco Shops.

DENSITY; AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS.

The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes (front, side, and rear), and maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of Section 22, “Schedule of District Regulations,” and other applicable provisions of Section 23, “Supplementary District Regulations.”

AUTOMOBILE PARKING SPACE REGULATIONS.

For parking space regulations, see Section 25.

(Ordinance 135-87 adopted 4/14/87; Ordinance 429-10, sec. 2.01, adopted 2/23/10; Ordinance 474-12, sec. 2.04, adopted 8/21/12; Ordinance 579-16, sec. 7, adopted 12/15/15; Ordinance 776-23 adopted 1/26/2023; Ordinance 904-25 adopted 5/22/2025)

§ 19 MH - MOBILE HOME PARK.

PURPOSE AND SCOPE.

It is the purpose of the MH Mobile Home Park District to provide areas for the location of mobile homes in an attractive, moderate density setting and insure the presence of amenities required for satisfactory quality of life in areas designated for mobile home use.

PRINCIPAL PERMITTED USES.

HUD-Code manufactured home (mobile home).

Single-family dwellings, detached.

Recreational. Public parks, playgrounds, recreational and community center buildings and grounds; public golf courses, public swimming pools, tennis courts and similar recreational uses, all of a noncommercial, nature. Any principal building or any swimming pool shall be located not less than one hundred (100) feet from any other lot in any residential district.

Government use, as defined in section 4.

NOTE: Mobile homes as defined in the Manufactured Housing Standards Act, Article 5221f, Section 3(a), V.T.C.S., shall not be used as dwelling units in the City of Aubrey.

CONDITIONAL USES.

[Reserved.]

ACCESSORY USES.

[Reserved.]

HEIGHT REGULATIONS.

No principal structure shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet in height and no accessory structure shall exceed one (1) story or twenty (20) feet in height.

PARK PLAN REQUIRED.

Application for the establishment of a mobile home park shall be filed with the city planner and must be accompanied by a plat, drawn to scale and certified by a registered public surveyor, civil engineer, landscape architect or architect. Six (6) blue and black line copies of the plat shall be submitted to the city secretary at least fourteen (14) days prior to the Planning and Zoning Commission meeting at which the plat is to be considered.

The plat shall be drawn on a 24" x 36" sheet at a scale of 1" = 100' unless a larger scale is authorized by the city planner. A scale of 1" = 200' is the smallest scale to be permitted. The city planner shall check the plat, and if he finds it to be in compliance with the requirements of this section, he shall forward such to the Planning and Zoning Commission. The city planner shall also advise the commission of the pending application. The Planning and Zoning Commission shall review the plat for the mobile home park and submit a recommendation to the City Council. The plat shall contain the following information:

Accurate dimensions of the proposed mobile home park;

All roads and approaches and the method of ingress and egress from public streets;

Complete electric service installation, wire service outlets and lighting facilities all underground;

Complete location of any natural gas facilities to serve the park;

Complete layout of unit parking spaces and number of square feet therein, together with the dimensions;

Location of electric power or gas distribution systems, water mains or wells for water supply outlets for domestic water users, location of sanitary facilities, washrooms, garbage disposal units, incinerators, sanitary sewers or septic tanks, sewer drain lines, leaching beds, fire protection stalls, and other buildings or structures contemplated to be used by such applicant in connection with the mobile home park;

Name and address of the owner, engineer, surveyor, or land planner;

Proposed name of the park;

A northpoint, scale of plat, and date of preparation;

Contours at intervals of five (5) vertical feet; and

Drainage plans for park.

ENLARGEMENT.

Any enlargement or extension of any existing mobile home park shall require application for a building permit as if it were a new establishment.

Enlargement - Existing facilities to comply. No enlargement or extensions to any mobile home park shall be permitted unless the existing facility is made to conform with all the requirements for new construction for such an establishment.

MINIMUM STANDARDS AND REQUIREMENTS.

Mobile home parks shall be designed and maintained in accordance with the following requirements:

Park Area.

The minimum mobile home park shall be ten (10) acres.

Mobile Home Lots -

Minimum Requirements

Area: 4,000 sq. ft.

Width: 40 ft.

Front Yard: 20 ft.

Rear Yard: 20 ft.

Side Yard: 10 ft.

GENERAL REQUIREMENTS.

Area Requirements.

Mobile home parks shall have a minimum land area of ten (10) acres.

Parking.

All areas used for automobile access and parking shall comply with the applicable provisions of this Ordinance provided that there shall be at least two (2) off-street parking spaces for each mobile home lot and one (1) additional space for each three (3) lot to accommodate guests.

Entrance to Mobile Home Parks.

No vehicular entrance to or exit from any mobile home park, wherever such may be located, shall be within two hundred (200) feet along streets from any school, public playground, church, hospital, library, or institution for dependents or for children, except where such property is in another block or another street which the premises in question do not abut.

Landscaping -

Unused Areas. All areas not used for access, parking, circulation, buildings, and service shall be completely and permanently landscaped and the entire site maintained in good condition. A landscaped strip of land not less than ten (10) feet in width shall be established and maintained within the mobile home park along the exterior boundaries.

Screening.

Screening shall be provided according to the following requirements:

In the event that a mobile home park backs or sides upon a residential, commercial, or industrial district, a solid masonry screening fence not less than six (6) feet in height shall be erected and maintained along the property line dividing the two districts.

A masonry screening fence shall consist of materials of equal composition and characteristics as the main buildings in the district.

No such screening fence shall be so erected as to obstruct the vision of motorists at alley, street or drive intersections.

Access.

Each mobile home park shall abut a public street and each mobile home lot shall have direct access to a private interior street.

Interior Streets.

The minimum roadway width of interior streets will comply with the subdivision regulations and current development standards for the City of Aubrey. Such streets shall be paved according to the City of Aubrey specifications for residential streets and maintained in good condition and lighted at night.

Distances Between Mobile Homes.

The minimum distance between mobile homes shall be not less than twenty (20) feet.

Concrete Slab.

Each mobile home lot shall be equipped with a concrete slab of sufficient size to support the wheels and front parking jack. Said slab shall have a minimum horizontal dimension of eight (8) by ten (10) feet and a minimum thickness of four (4) inches.

Utilities.

Each mobile home unit shall be equipped with one (1) electrical outlet. A municipal sanitary sewer and municipal water system shall be installed in accordance with city specifications to every lot. Mobile home units not equipped with water and sewer facilities shall be located no more than two hundred (200) feet from the community utility building which shall provide separate toilet and shower facilities for each sex. Fire hydrants shall be located in accordance with the specifications of the National Board of Fire Underwriters.

Recreational Areas.

There shall be provided within each mobile home park an adequate site or sites for recreation for the exclusive use of the park occupants. Such recreational site or sites shall have a minimum area of at least 5% of the gross land area of the mobile home park.

Length of Occupancy.

No trailer or mobile home shall remain in a mobile home park for a period exceeding ten (10) days without connection to the permanent sanitary sewer system of the park.

§ 20 PD - PLANNED DEVELOPMENT DISTRICT.

Recreational Vehicles and Boat Storage.

A storage area must be provided within each mobile home park for the parking and storage of boats and recreational vehicles. Said storage area shall be of sufficient size to accommodate all boats and recreational vehicles in the mobile home park. Said storage area shall be screened with a six (6) foot solid fence of masonry or wood construction.

ADDITIONAL REQUIREMENTS.

In addition to the foregoing, the City Council may impose such other conditions, requirements, or limitations concerning the design, development, and operation of such mobile park as it may deem necessary for the protection of adjacent properties and public interest.

DEVELOPMENT FEES.

Each application for a mobile home park shall be accompanied by a check payable to the City or cash payment in the amount established by city council.

(Ordinance 135-87 adopted 4/14/87; Ordinance adopting Code; Ordinance 579-16, sec. 8, adopted 12/15/15; Ordinance 776-23 adopted 1/26/2023)

PURPOSE AND SCOPE.

The PD Planned Development District is designed to provide flexibility in development planning and the opportunity for the application of planning concepts. Planned development zoning shall require the submission and approval of a development site plan.

The City Council after public hearing and proper notice to all parties affected and after recommendation from the Planning and Zoning Commission, may require the creation of Planned Development Districts when any of the following developments are being considered:

Shopping center on tracts of three (3) acres or more.

Residential development on tracts of five (5) acres or more.

Industrial parks or districts on tracts of ten (10) acres or more.

Medical center or hospital.

Civic center and/or community center.

Office, motel or hotel center on tracts of one (1) acre or more.

Recreation center.

Research park or scientific research center.

A combination. of uses which are not customarily allowed in any one of the districts established in this Ordinance.

APPLICATION PROCEDURES.

Application for a PD District shall be made in the same manner as an application for any amendment to the zoning ordinance and shall include the following additional information:

Proposed Uses.

An application for a PD District shall specify and describe the category or type of use or the combination of uses proposed. Permitted uses under PD zoning shall be specified in each PD ordinance. If such ordinance specifies permitted uses by references to a zoning district, the permitted uses shall include those uses permitted in the reference district, including those permitted through the cumulative provision of the zoning ordinance.

Development Requirements.

An application for a PD District shall include a list of development requirements, which may be incorporated into the PD ordinance. Development requirements may include, but not be limited to density, lot size, unit sizes, setbacks, building heights, lot coverage, parking ratios, screening and other requirements the council may deem appropriate.

Standards set forth in specific zoning districts will be used as guidelines for planned developments. Modifications of standards may be considered if the modification substantially meets the intent of the ordinance and improves the overall development design or if a unique project design is proposed which cannot readily be accommodated through other districts. Pecuniary reasons shall not be the sole reason for modifying standards.

Concept Plan.

An application for a PD District shall include a concept plan showing a preliminary layout of proposed uses, access, buildings, parking, open space and the relationship to existing natural features and adjacent properties and uses.

The concept plan shall be construed as an illustration of the development concepts and not as an exact representation of all specific development details.

DEVELOPMENT SITE PLAN.

Approval of a development site plan shall be a prerequisite to the issuance of building permits for any property in a PD District. The approval of a development site plan may also serve as preliminary plat approval, provided that all requirements of the subdivision ordinance and its subsequent amendments are satisfied.

Compliance with Approvals.

The development site plan must comply with all provisions of the PD ordinance specifying development standards and substantially reflect the precepts and layout set forth in the concept plan. If, in the judgment of the Planning and Zoning Commission, a development site plan does not comply with the provisions of the PD ordinance and the concept plan incorporated therein, the Planning and Zoning Commission may reject such plan, in which case a new site plan may be submitted or application must be made to amend the PD ordinance, including all requirements for notices and public hearings. If a PD ordinance does not specify development standards or has not incorporated a concept plan, the development plan approval shall specify such standards. Development requirements on such development plans may be revised under the same review, notice and approval procedures as applied to the original approval of the plan and application to amend the PD ordinance shall not be required.

Review Process.

The development plan review process shall include review by the Planning and Zoning Commission, referral by the Planning and Zoning Commission to the City Council with a recommendation, and review and final approval of the development plan by the City Council.

Courtesy Notice.

A courtesy notice, issued at least ten (10) days prior to official action by the Planning and Zoning Commission, shall be provided to all property owners within two hundred (200) feet of a proposed project for which a planned development site plan has been submitted.

Modifications.

The Planning and Zoning Commission may recommend, and the council may require such modifications of a development site plan that will ensure the proposed project will be in harmony with the existing and anticipated development of surrounding areas.

Requirements.

General Information:

Twenty (20) copies of development site plan; vicinity map or adequate reference to intersecting streets to locate specific property; north arrow, date, scale (not less than 1" = 100').

Site/Adjacent Property Information:

Site, indicating boundaries and project phase lines, if any; public or private rights-of-way and easements on site or abutting or intersecting the site; adjacent properties, with zoning and existing uses identified.

Building Layout:

Existing and proposed structures, showing approximate outline of perimeter walls and including distances to property lines and other structures; front, side and rear building setback lines; proposed category of use or uses of structures; elevation views or renderings indicating architectural design, building materials proposed and window orientations (one copy required) number of stories, in height and feet; gross floor area; location of entrances and exits.

Circulation and Parking:

Location, dimensions and proposed construction of all streets, private drives, alleys, parking areas, and drive approaches; street drives and alleys which are adjacent to or dead-end into the site, including the location of existing and proposed median openings and left-turn lanes in boulevard streets; number of dimensions of parking spaces and width of drive approaches and aisles; sidewalks and other facilities for pedestrian circulation; location, width and curve radii for required fire lanes.

Drainage/Utilities/Services:

Existing and proposed topography, reflecting proposed handling of on-site surface drainage; limits of the 100-year floodplain and floodway as shown on current FEMA mapping, including location and acreage; proposed improvements and method of maintenance for any drainage channels; existing and proposed water and sanitary sewer layout; existing and proposed fire hydrant locations; proposed locations for solid waste container pad.

Screening/Open Space/Recreational Facilities:

Location, height and building materials for height, location and type of any proposed berms or living screens; location and size (if applicable) of proposed recreation facilities (swimming pools, tennis courts, etc.); location of open play areas and playgrounds with play equipment; landscape plan.

Living Units:

Table showing type of units by size, number of bedrooms, and number of each type; floor plans for all units.

ADMINISTRATIVE ACTION.

Upon approval of a development site plan by the City Council and approval of the preliminary plat, application may be made for the permits and certificates necessary for construction. Subsequent to such approval, minor changes may be authorized by the Planning and Zoning Commission when such changes will not cause any of the following circumstances to occur:

A change in the character of the development;

An increase in the ratio of the gross floor area in structures to the area of any lot;

An increase in the intensity of use;

A reduction in the originally approved separations between buildings;

An increase the problems of circulation, safety, and utilities;

An increase in the external effects on adjacent property;

A reduction in the originally approved setbacks from property lines;

An increase in ground coverage by structures;[.]

(Ordinance 135-87 adopted 4/14/87)

§ 21 FP - FLOODPLAIN DISTRICT.

FLOODPLAIN PREFIX TO DISTRICT DESIGNATION.

The FP prefix designation constitutes a zoning overlay district, and the addition or removal of the FP prefix constitutes zoning action requiring due process provided under State law. Further public notice to all downstream property owners within the City of Aubrey with like FP zoning is required prior to any such zoning action.

To provide for the appropriate use of land which has a history of inundation or is determined to be subject to flood hazard and to promote the health, safety and general welfare of the community, portions of certain districts are designated with a floodplain prefix FP and shall be subject to the following provisions.

PERMITTED USES.

In this district no land shall be used except for one or more of the following permitted uses to the extent that they are not prohibited by other regulations or ordinances, and provided that such uses do not require above-ground structures, filling or storage of material or equipment except as herein specifically authorized.

Agricultural activities, including the ordinary cultivation of land or legal forms of animal husbandry.

Electrical substation.

All types of location utilities, including but not limited to water distribution and wastewater collection systems; water and wastewater treatment facilities and water quality/monitoring stations or other structures required to provide water and sewerage, telephone, gas and electrical services.

Parks, community centers, playgrounds, public golf courses.

Private commercial open area amusements such as golf courses, driving ranges, archery courses and similar uses when approved by conditional use zoning action.

Facilities that would warrant no flood protection, such as accessory private open space in conjunction with commercial or residential development, community unit recreational areas or recreation developments.

§ 23 SUPPLEMENTARY DISTRICT REGULATIONS.

Parking areas associated with a part of contiguous land use.

No building or structure shall be erected in that portion of a district designated with a floodplain FP prefix other than those listed in this section.

There shall be no dumping, excavation, storage or filling operation within that portion of a district having a floodplain FP prefix designation except under conditions of this Ordinance.

CONDITIONS FOR ADDING FP PREFIX DESIGNATION.

The City Council may, after a public hearing, amend the zoning classification of any property by adding the floodplain FP prefix designation based on hydraulic engineering studies indicating new boundaries of the area that is subject to inundation by floodwaters. The City Council shall provide for the addition of such floodplain FP prefix designation to the zoning district maps.

CONDITIONS FOR REMOVAL OF FP PREFIX DESIGNATION.

The City Council, in considering and determining its decision relative to any application for the removal of the floodplain FP prefix designation, shall require the applicant to furnish to the administrator fill and development plans (hydraulic calculations concerning maximum high water and flow rates and their effect on abutting, lateral, and downstream properties) and data concerning the operation, location, function and characteristics of any use of land or building proposed. The application will not be scheduled for public hearing until the city engineer certified information furnished is adequate for review and comment as required in this section.

(Ordinance 135-87 adopted 4/14/87)

§ 22 SCHEDULE OF DISTRICT REGULATIONS.

	AG-R	SF1	SF10	SF75	SFAC	MF	GR	SC	C	IND	MH
Maximum height (feet)	45	35	35	35	45	45	45	50	50	50	35
Side yard width (feet)	30	25	8	8	8	8	B	B	B	B	C
Rear yard (feet)	50	30	25	25	25	25	B	B	B	B	C
Front yard (feet)	45	30	25	25	25	25	B	B	B	B	C
Lot area (square feet)	1 acre	1 acre	10,000	7,500	7,500	A	B	B	0	0	C
Minimum lot width (feet)	150	150	70	60	60	75	B	B	B	B	C
Minimum lot depth (feet)	225	225	150	120	120	120	B	B	B	B	C
Minimum structure size (square feet)	2,000	2,000	1,500	1,200	1,200	D	E	E	E	0	C
Maximum lot coverage (%)	40%	40%	40%	35%	45%	50%	B	B	B	B	C

A -

Total lot area shall not be less than 9,000 square feet for dwelling unit construction. For each dwelling unit over three (3) in number, no less than 1,500 square feet of additional lot area is required. A maximum of ten (12)[sic] units may be constructed per acre.

B -

None required except where a nonresidential use abuts a residential lot in which case the requirement shall be the same as the adjoining residential zone and shall comply with visibility and parking requirements as provided within this ordinance.

C -

See Section 19 for Mobile Home District regulations.

D -

Minimum structure size shall be for one-bedroom unit: 650 square feet; two-bedroom unit: 800 square feet; three-bedroom unit: 900 square feet.

E -

Requirements for residential construction shall be the same as for the R3 District; nonresidential construction shall be 500 square feet.

(Ordinance 135-87 adopted 4/14/87)

BUFFERS.

Requirements.

Purpose.

The purpose of the buffer requirements is to provide for the orderly and aesthetic development of the City. It is the intent of these requirements to:

Provide for the separation and buffering of incongruous uses and intensity of activities and provide for the visual softening of building masses.

Promote a flexible attitude of enforcement sufficient to meet the spirit and intent of these requirements.

Promote mutually beneficial improvements by utilizing incentives rather than penalties.

Reduce dust nuisances and the impact of noise.

Protect and promote the value of residential and commercial properties within the City.

Promote a positive image for the attraction of new business enterprises within the City.

and

Encourage the protection of healthy trees and vegetation and promote the natural ecological, environmental and aesthetic qualities of the City.

Bufferyards Required.

Bufferyards shall be required in accordance with this Section to separate different land uses from each other to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights, signs, and unsightly buildings or parking areas, or to provide spacing to reduce adverse impacts of noise, odor or danger from fire or explosions. Both the amount of land and the type and amount of planting and specified structures for each bufferyard are designed to lessen nuisances between adjacent land uses or between a land use and a public road.

Location.

Bufferyards shall be located within and along the outer perimeter of a lot or boundary line. Bufferyards may overlap drainage and/or utility easements; however, plantings should not impede the flow of water within a drainage easement nor conflict in any way with the utility contained within the overlapping easement. Bufferyards shall not be located on any portion of an existing or dedicated public street or right-of-way.

Bufferyard Requirements.

Table 2-1 is a summary of the bufferyards and requirements. Tables 2-3 and 2-4 determine the type of bufferyard required between two adjacent parcels or a parcel and a roadway. The letter designations contained in the tables refer to the different bufferyards described in Figure 2-1, Illustration of Bufferyards in this Section.

Table 2-1 Bufferyard Summary
Bufferyard Required	Width (feet)	Plantings per 100 feet			Fence Requirements
Bufferyard Required	Width (feet)	Canopy Trees	Accent Trees	Shrubs	Fence Requirements
A	5	1	2	8	none
B	10	2	3	10	none
C	10	3	4	12	none
D	10	4	5	18	none
E	10	1	2	8	Berm-B1
F	10	4	8	12	Fence-F2

Plantings shall be credited to meet only one bufferyard (i.e. plants on corners do not satisfy two bufferyards).

Existing Plant Credits:

Existing trees, anticipated to be preserved, which are located on the subject property, are within fifty feet (50') of the property line and have a minimum of 50 percent of the dripline within a bufferyard area shall be granted credits toward reducing the required plantings as follows:

Table 2-2 Existing Plant Credits
Size of Tree Saved	Canopy Tree	Understory Tree
6" to 12" caliper	2	3
12" caliper or greater	3	4

Table 2-3 Bufferyards Adjacent To Other Land Uses
Zoning of Developing Tract	Zoning or Exiting Use of Adjacent Tract
Zoning of Developing Tract	SF-1, SF-10, SF-75, AG	SFAC, MF	GR, SC, C	IND	MH
SF-1, SF-10, SF-75, AG	*	*	*	*	*
SFAC, MF	F	A	A	F	F
GR, SC, C	F	F	A	A	F
IND	F	F	F	A	F
MH	F	F	F	F	E

* No bufferyard required

Table 2-4 Bufferyards Required Adjacent To Streets
Zoning of Developing Tract	Frontage On State Highway	Frontage on Thoroughfares and Collectors		Frontage on Residential Street
Zoning of Developing Tract	Frontage On State Highway	Across From Commercial or Industrial	Across From Residential	Frontage on Residential Street
SF-1, SF-10, SF-75, AG	B	*	*	*
SFAC, MF	C	A	A	A
GR, SC, C	E	E	E	E
IND	D	E	E	E
MH	C	B	C	D

* No bufferyard required

All bufferyards, unless lawn grass or ground cover is already established, shall be seeded with lawn grass or planted with ground cover so as to assure coverage within three years. Hardscape ground cover measures may be substituted for lawn grass, with Site Plan approval from the Planning and Zoning Commission.

Figure 2-1 Illustration of Bufferyards
Bufferyard “A”
* Minimum Width is five feet (5')
* A minimum width of ten feet (10') may be used in combination with a twenty percent (20%) reduction in planting density
* Required Plants per 100 Linear Feet:
Canopy trees	1
Understory Trees	2
Shrubs	8

Bufferyard “B”
* Minimum Width is ten feet (10')
* A minimum width of twenty feet (20') may be used in combination with a twenty percent (20%) reduction in planting density
* Required Plants per 100 Linear Feet:
Canopy trees	2
Understory Trees	3
Shrubs	10

Bufferyard “C”
* Minimum Width is ten feet (10')
* A minimum width of twenty feet (20') may be used in combination with a twenty percent (20%) reduction in planting density
* Required Plants per 100 Linear Feet:
Canopy trees	3
Understory Trees	4
Shrubs	12

Bufferyard “D”
* Minimum Width is ten feet (10')
* A minimum width of twenty feet (20') may be used in combination with a twenty percent (20%) reduction in planting density
* Required Plants per 100 Linear Feet:
Canopy trees	4
Understory Trees	5
Shrubs	18

Bufferyard “E”
* Minimum Width is ten feet (10')
* A minimum width of twenty feet (20') may be used in combination with a twenty percent (20%) reduction in planting density
* Required Plants per 100 Linear Feet:
Canopy trees	1
Understory Trees	2
Shrubs	8

Bufferyard “F”
* Minimum Width is ten feet (10')
* A minimum width of twenty feet (20') may be used in combination with a twenty percent (20%) reduction in planting density
* Required Plants per 100 Linear Feet
Canopy trees	4
Understory Trees	8
Shrubs	12

Required Structures.

Walls and Fences:

Whenever a wall or fence is required within a bufferyard, it shall be six feet (6') in height and constructed in accordance with specifications set forth in the City’s Design Standards. A “F2” fence shall be of masonry construction. A “finished side” of a wall or fence shall face the residential or less intense land use side. Wood fences (stockade fences, etc.) are not considered adequate screening devices in the City of Aubrey, therefore, where a screening structure is required, a wooden fence shall not be allowed. With Site Plan approval from the Planning and Zoning Commission, a required screen wall may be substituted for a solid landscape screen, a minimum 4-foot tall berm and double the landscaping required for the required bufferyard.

Berms:

Whenever a berm is required in a bufferyard, it shall be a minimum of three feet in height and constructed in accordance with the specifications set forth in the City’s Design Standards. Berms shall have side slopes no steeper than 2:1. When possible, all berms shall be curvilinear, rather than straight. Berms are not required to be continuous and are preferred to be broken periodically, but must cover a minimum of 75 percent of the length of the property line to be buffered.

Figure 10-1 Required Structures
Structure Type	Additional Requirements	Minimum Height	Graphical Representation
F2	Poured concrete, brick, etc. Concrete block or hadite block allowed with ornamental/textured face towards less intensive use	Six feet (6') minimum height
B1	Curved layout covering a minimum of seventy-five percent (75%) of total length with Plantings along a minimum of fifty percent (50%) of the length of the berm.	Three foot (3') minimum height of berm Two foot (2') minimum height of plantings

Uses of Bufferyards.

A bufferyard may be used for passive recreation, such as pedestrian, bike or equestrian trails, provided that (a) no plant material is eliminated, (b) the total width of the bufferyard is maintained, and all other requirements of this section are met. Bufferyards may not be used for play fields, stables, swimming pools, tennis courts, accessory buildings, parking facilities or trash dumpster locations.

Maintenance.

General:

The owner, tenant and the agent, if any, shall be jointly and severably responsible for the maintenance of all landscaping and irrigation located within the bufferyard. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, 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 materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. All irrigation heads or lines that are broken and flow water shall be replaced or repaired immediately to prevent the waste of water.

Plant Replacement:

The owner shall be responsible for replacing all plant materials which shows dead branching over 30 percent or more of the normal branching pattern and repair irrigation system for a period of one year from the date of issuance of the Certificate of Occupancy. Plant materials that die shall be replaced with plant material of similar variety and similar initial size. The Owner shall make such necessary replacements within 30 days of notification by the City.

Editor’s note–The subsection numbering of Ordinance 494-13 was changed at the editor’s discretion to be consistent with the subsection numbering throughout the zoning ordinance.

ACCESSORY BUILDINGS.

The following regulations shall govern the location, size, and use of any accessory buildings:

No accessory building shall be erected in any required yard area as stipulated in this Ordinance, except as allowed in the following paragraphs.

No accessory building shall be erected within ten (10) feet of any other building, except detached residential garages may be located within five (5) feet of the main dwelling and except as the provisions of paragraph (5) below are met.

No detached residential garage or carport shall be erected or placed closer to any street or alley right-of-way line than the minimum yard requirements (building setback line) governing the district in which such garage or carport is located.

No detached residential garage or carport shall be erected or placed within eight (8) feet from any side lot line.

Residential accessory buildings and sheds housing domestic lawn and garden equipment and all other household effects may be detached or attached to the main building, but shall not encroach in any required front yard and may not occupy more than thirty percent (30%) of the rear yard.

No accessory building shall be used for dwelling purposes other than by domestic servants employed on the premises, as provided in the applicable zoning district.

No accessory building shall be higher than the main building and in no case be in excess of eighteen (18) feet in height.

No accessory building shall be erected or placed within five (5) feet of any side or rear lot line and shall not encroach upon any easement.

FRONT YARD ADJUSTMENTS.

Front yard requirements as established in Section 22, “Schedule of District Regulations” may be adjusted where forty percent (40%) or more of the frontage on the same side of a street between two (2) intersecting streets is presently developed or may hereafter be developed with buildings that have (with a variation of ten (10) feet or less) a front yard greater or lesser in depth than herein required; new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.

PROJECTIONS OF BUILDINGS, STRUCTURES, AND APPURTENANCES INTO REQUIRED YARDS.

Open or lattice-enclosed fire escapes may project into a required yard not to exceed five (5) feet. The ordinary projections of chimney’s pilasters shall be permitted by the city’s building official when placed so as not to obstruct light and ventilation.

Terraces, balconies, decks, uncovered porches and ornamental features which do not extend more than four (4) feet from the side wall line and being at least seven (7) feet above the floor level of the ground (first) story, may project into a required side yard, provided these projections be a distance at least four (4) feet from any adjacent side lot line. Such features may not project onto a required front or rear yard more than eight (8) feet from the front or rear wall line.

An unenclosed porch containing not more than forty (40) square feet may project into a required front yard for a distance not to exceed five (5) feet.

A carport or canopy may project into a required side yard, provided every part of such carport or canopy is unenclosed except for necessary structural supports, and not less than five (5) feet from any side lot line.

Every part of a required yard shall be open to the sky, unobstructed by a building, except for the ordinary projections of sills, belt courses, cornices, and ornamental features not exceeding twelve (12) inches, or as otherwise excepted in paragraphs (1) through (4) above.

MULTIFAMILY DEVELOPMENT STANDARDS.

Location Criteria:

Apartment development should generally be no greater in size than either 20-acres or 400 dwelling units and shall be located at major thoroughfare intersections rather than between intersections (i.e. not mid-block).

Multifamily zoning shall not be located within 1,320 feet (one-quarter mile) of any other multifamily zoning district.

Vertical developments (i.e. nonresidential use, typically retail or office, on the lower floors and residential uses on the upper floors) shall not be considered multifamily for the purposes of the location criteria contained herein. The mixing of rental units with other land uses is encouraged.

Uses Permitted:

Multifamily residential dwellings and related accessory structures

Attached single-family residential dwellings (Townhomes) and related accessory structures

Detached single-family residential dwellings and related accessory structures

Athletic facilities (noncommercial)

Schools (private or public)

Public libraries, municipal or county administrative offices, police substations, and fire stations

Public works, including without limitation drainage facilities, water wells, and water and wastewater treatment, pumping, storage, and transmission facilities

Home occupations

Parks, playgrounds, trails, swimming pools and other forms of improved and unimproved open space

(j)

Recreational centers, pools

(k)

Local utility lines

(l)

Franchise utilities (public or private)

(m)

Houses of worship

(n)

Day care centers

Permitted Accessory Uses:

Private garage and parking area.

Other necessary uses and buildings customarily appurtenant to a permitted use, including, but not limited to, associational meetings, religious gatherings, and social activities.

Conditional Uses.

The following conditional uses may be allowed in the MF District subject to the provisions of Section 6:

Any uses allowed as a conditional use in the SFAC District unless permitted above.

One-family dwelling units.

Retail/office/restaurant uses on the first floor (i.e., mixed uses), with approval of a Specific Use Permit, per the provision of Section 6.

Development Standards:

Max. Height	Min. Side Yard (1, 2)	Min. Rear Yard (1)	Min. Front Yard	Min. Lot Width	Min. Lot Depth	Min. Unit Size (Sq. ft.)	Max Lot Coverage	Max. number of units per gross acre (3)
45-feet	8-feet 15-feet adjacent to street	25-feet	25-feet	75-feet	120-feet	1 bedroom: 650 sf 2 bedroom: 850 sf 3 bedroom: 1,000 sf	50%	18

The minimum setback shall be increased to 60 feet for multifamily structures adjacent to property that is zoned or developed for single-family uses.

A minimum of ten feet of building separation shall be provided between buildings of two stories or less. For buildings greater than two stories, a minimum building separation of 20 feet shall be provided.

Maximum number of units per gross acre may be increased to 21 if four (4) of the following are provided:

Day care (on-site)

Exercise facility

Gazebo

Improved picnic areas

Multiuse trails (including required landscaping and easement)

Lake with constant water level (minimum size of 0.5 acres)

Developed and equipped children play areas greater than one thousand (1,000) square feet of usable area

Putting green

Multiuse areas / sports courts and fields (including but not limited to tennis, volleyball, baseball, basketball, etc.)

Swimming pool and/or spa

Theater

Parking Requirements:

The minimum parking requirements shall be as follows:

1.5 spaces per efficiency unit or one-bedroom unit

1.75 spaces per two-bedroom unit

2 spaces per three-bedroom unit

3 spaces per unit with four or more bedrooms

Tandem parking spaces shall only count toward required parking when located in front of a garage. Tandem parking spaces shall be a minimum of nine by twenty (9 x 20) feet.

On-street parking spaces shall not be permitted.

Covered or enclosed parking shall not be required. Where provided, covered or enclosed parking shall be counted to satisfy the minimum off-street parking requirements.

Usable Open Space and Children’s Play Area, Required.

Usable Open Space and Children’s Play Area requirements shall be applicable to any multifamily or attached single-family dwellings.

A minimum of 20% of Usable Open Space shall be provided. Usable Open Space must be a minimum of 30 feet wide, and must have a slope no greater than 10%. The City Council may allow full or partial credit for open areas that exceed the 10% maximum slope if it is determined that such areas are environmentally or aesthetically significant and that their existence enhances the development or the surrounding area, with Site Plan approval.

Any multifamily or single-family attached dwelling which allows and/or accepts children shall provide designated and equipped playground areas with not less than one thousand (1,000) square feet of usable area for developments of ten dwelling units or more. For each additional dwelling unit above the initial ten dwelling units, an additional five square feet of playground area shall be required.

Minimum Standards for Provided Amenities.

Swimming pools and/or spas

Shall comply with ADA (Americans with Disabilities Act) and the Texas Department of State Health Services most recent set of standards regulating all public and semi-public pools and spas.

Developed and equipped children’s play areas

Shall comply with ADA (Americans with Disabilities Act), ASTM International (American Society for Testing and Materials) and CPSC (Consumer Product Safety Commission) guidelines as relating to playground equipment and safety surfacing.

Multiuse trails

Shall consist of an open space corridor with a paved path, a soft surface path, landscape improvements, and/or other optional amenities.

The minimum width of a multiuse trail easement (including trail surface and landscaping) shall have no dimension less than 15 feet.

The trail surface shall be of native material or paved surface, with a minimum 8-foot width.

Multiuse areas/sports courts and fields

(including but not limited to tennis, volleyball, baseball, basketball, and similar activities)

Shall comply with the minimum standards for each proposed facility as set in the National Recreation and Park Association (NRPA) standard guidelines for recreation, park, and open space standards. Alternative industry standards may be utilized in lieu of NRPA standard guidelines, as mutually agreed to by the City Mayor or his/her designee.

Mail Kiosks.

Mail kiosks shall have a minimum of five of the required parking spaces for the development within 50 feet, unless a drive-through facility is provided.

Landscaping.

Landscaping requirements shall be applicable to any multifamily or attached single-family dwellings.

All required landscaping must be located within the required Usable Open Space, exclusive of required perimeter or parking landscaped areas.

One (1) large tree, defined as a tree three (3) inches in caliper, shall be provided per dwelling unit. The alternative to one large tree is three (3) ornamental trees, defined as a tree one (1) inch in caliper, however the same number of total caliper inches shall be provided. A minimum of ten large trees must be planted for any development of multifamily or attached single-family dwellings.

Editor’s note–The subsection numbering of Ordinance 495-13 was changed at the editor’s discretion to be consistent with the numbering throughout the zoning ordinance.

NONRESIDENTIAL DESIGN STANDARDS.

Design Standards.

All properties developed for non-Single-Family purposes shall meet all Base Standards provided in this Section for Architectural Features. In addition, properties shall achieve the required minimum number of Enhancing Elements from each category. Base Standards and Enhancing Elements are summarized in Figure 1 and detailed in Subsection (5). Additional Requirements [are] detailed in Subsection (6).

Purpose.

The purpose of the Design Standards is to provide for exterior building materials, building articulation, form and massing, and architectural compatibility.

General Provisions.

Design review is required for new construction and substantial renovation of existing buildings in the form of a Site Plan with a table which describes clearly how the site meets the requirements of this section. Site Plans shall be reviewed as per the standard requirements for Site Plans according to this Chapter. Substantial renovation means:

Alterations to the exterior of existing buildings that change the placement or design of windows, doors or other exterior features of the building such as coping or pilasters;

An increase in the floor area of the building greater than thirty percent (30%).

Alterations of the exterior of existing building materials greater than thirty percent (30%) of the surface area of the front facade, excluding painting of existing painted exterior materials where paint colors fall within those described in this Section.

Color elevations of all four facades should be submitted for each building, listing each proposed exterior material, with a percentage breakdown of each material used, exclusive of windows and doors. A listing of the selected auxiliary design standards, described herein, should also be included to illustrate compliance. For any proposed streetscape elements (such as bike racks, trash receptacles, lampposts, tree grates, bollards, outdoor seating, and/or other street furniture) or screening devices (masonry walls screening dumpsters, mechanical equipment, residential subdivision, etc.), graphics should also be submitted showing the material, color, height, and any other pertinent details.
All requests for exterior building materials not specifically described herein (including roof pitch and roof materials) shall be clearly noted and described in detail on a color Facade Plan submitted along with the Site Plan. Submission of actual samples of the proposed exterior finish material(s) may be required along with the Facade Plan and the Site Plan. As part of the site plan approval process, the Planning and Zoning Commission may recommend, and the City Council may approve, exterior building materials not specifically described herein, if it is determined to be equivalent or better than the exterior building materials otherwise required by this Subsection.
Consideration for exterior building materials not specifically described herein, shall be based only upon the following:
(a)	Architectural design, creativity and innovation;
(b)	Compatibility with surrounding structures;
(c)	Relative ease of maintenance of the material(s);
(d)	Long-term durability and weather-resistance of the material(s); and
(e)	Long-term stability in property value due to the high quality of the material(s).
Interior renovations of existing buildings that do not alter the exterior appearance of the building do not require site plan and design review under the provisions of this Section. (e.g., a drop ceiling that covers part of an existing window would alter the exterior appearance and require review.)
Original brick or masonry surfaces should be maintained and not covered or removed. It is not the intent of this Section to require replacement of original brick or masonry, if the existing building exterior material is in good repair. It is not appropriate to paint unpainted brick. If the brick is already painted, paint removal is preferred. Avoid paint removal procedures that damage the original brick finish such as sand blasting or caustic chemicals. Before removing paint, conduct a test to determine detrimental effects. If the existing paint on the brick is in poor condition and paint removal will damage the underlying brick, the brick should be repainted.

Variances.

In conjunction with site plan approval, a variance to the provisions of this subsection may be allowed by the City Council, with a recommendation to grant such variance from the Planning and Zoning Commission, unless otherwise specified herein. The applicant shall prove that the variance from the regulations herein is warranted under the circumstances presented. A variance may be granted if the Planning and Zoning Commission and/or City Council finds that:

Unique circumstances exist on the property that make application of specific items in this section unduly burdensome on the applicant;

The variance will have no adverse impact on current or future development;

The variance is in keeping with the spirit of the zoning regulations, and will have a minimal impact, if any, on the surrounding land uses;

The variance will have no adverse impact on the public health, safety and general welfare.

A financial hardship shall not be considered a basis for the granting of a variance.

FIGURE IS INTENDED FOR SUMMARY ONLY. DETAILED REQUIREMENTS CAN BE FOUND IN THE VERBIAGE, BELOW.

FIGURE 1 ARCHITECTURAL FEATURE
DESIGN ELEMENT	BASE STANDARD (ALL DEVELOPMENT MUST COMPLY FULLY WITH ALL LISTED BELOW)	ENHANCING ELEMENTS
Building Materials	(1) Buildings in the GR, SC, and C Districts, and in the IND District (where adjacent to residential or Main Street or other thoroughfare with a right-of-way width of 80-feet or greater), shall be constructed of: 90% masonry and 75% brick. (2) Buildings in the IND District (where not adjacent to residential or Main Street or other thoroughfare with a right-of-way width of 80-feet or greater), shall be constructed of: 25% brick. (3) Historically compatible accent materials for architectural details, trim, window or door framing. (4) Roof and cornice lines shall be horizontal or triangular. (5) Primary building colors shall be softer, muted colors such as brick red, brown, etc.; use of brighter colors shall be limited to accents. (6) Provide no less than 4, ‘downtown’ detail devices such as: a. Kick plates b. First Floor Display Windows c. Recessed central entrance areas or angled entrances on corners d. Transoms windows above entrance doors e. or similar	EACH DEVELOPMENT MUST SELECT 2 OF THE 3 ELEMENTS LISTED BELOW (1) Use of two complementary primary facade materials to help achieve facade articulation, visual variety and/or architectural detailing. (2) Application of base standards to facades not adjacent to a public street. (3) Provide no less than 6, but no more than 8, ‘downtown’ detail devices such as: a. Kick plates b. First Floor Display Windows c. Recessed central entrance areas or angled entrances on corners d. Transoms windows above entrance doors e. or similar
Building Articulation, Form and Massing	For facades facing a public street: (1) Walls shall not exceed a height to width ratio of 1:2 without variation in massing of facade, both horizontally and vertically. (2) Entrances must be emphasized with architectural elements. (3) Ground floor facades in GR, SC, and C Districts require specified features (along 75% of length) as specified in 5. Architectural Features, below.	EACH DEVELOPMENT MUST SELECT 2 OF THE 3 ELEMENTS LISTED BELOW (1) Application of base standards to facades not adjacent to a public street. (2) Articulation of bays to reflect a smaller building massing to more accurately mimic early 1900’s style downtowns. (3) Use of Architectural detailing and/or materials to provide variety in visual appearance.
Additional Requirements	Requirements specifically related to: Accessibility and Layout, Mechanical Equipment and Utilities, Sanitation Containers, Drive-Thru Facilities, and Gas pumps and fueling stations

Architectural Features.

Design requirements are achieved by projects in accordance with the following:

Building Materials.

Base Standard

(ALL DEVELOPMENT MUST COMPLY FULLY WITH ALL LISTED BELOW)

Primary materials for exterior facades of buildings in the GR, SC, and C Districts, and in the IND District (where buildings are adjacent to residential or Main Street or other thoroughfare with a right-of-way width of 80-feet or greater), shall be constructed of the following:

Ninety percent (90%) masonry including, but not limited to: brick, cast brick, decorative concrete, or tilt wall. Note: Tilt wall construction shall suffice as masonry construction, provided that facing material is elastometric, non-EFIS stucco, or a variant thereof.

The facade adjacent to a street shall be constructed of a minimum of seventy-five percent (75%) of the following materials including, but not limited to:

Brick.

Cast brick.

Decorative concrete stamped and stained to resemble the appearance of brick.

Or similar.

The following materials are generally not acceptable:

Coarsely finished, “rustic” materials, such as wood shakes, shingles, barn board or stained for plywood. Poorly crafted or “rustic” woodworking and finishing techniques

Indoor-outdoor carpeting or astro-turf

Corrugated metal and fiberglass. (unless used sparingly)

Moss rock

“Antique” or old brick with partial paint, mottled light variegated brick, oversized brick and white brick mortar

vi.

Ornate wrought-iron, “New Orleans” style grille and rail work

vii.

Stucco surfaces that are highly textured such as those sometimes associated with a “hacienda” or “Mediterranean” style

viii.

Expanded metal

ix.

Silver or clear anodized aluminum sheets

Silver or clear aluminum extrusions for windows and doorways

xi.

Residential type sliding glass doors

xii.

Imitation wood siding or stone

xiii.

Flat or molded plastic sheeting in quantities exceeding five square feet when used as primary facade materials

xiv.

Imitation metal “rock work”

xv.

Plastic molded imitations of any conventional building material

xvi.

Mirror or metalized reflective glass

xvii.

Glass block

Primary materials for buildings in the IND District (where buildings are not adjacent to residential or Main Street or other thoroughfare with a right-of-way width of 80-feet or greater), shall be constructed of the following:

The facade adjacent to a street shall be constructed of a minimum of twenty-five percent (25%) of the following materials including, but not limited to:

Brick.

Cast brick.

Decorative concrete stamped and stained to resemble the appearance of brick.

Or similar.

Exteriors of buildings in the IND District may be constructed of metal materials for the remaining portion of the facade, but shall meet the requirements of the Building Code.

The following materials are generally not acceptable:

Coarsely finished, “rustic” materials, such as wood shakes, shingles, barn board or stained for plywood. Poorly crafted or “rustic” woodworking and finishing techniques

Indoor-outdoor carpeting or astro-turf

Corrugated metal and fiberglass. (unless used sparingly)

Moss rock

“Antique” or old brick with partial paint, mottled light variegated brick, oversized brick and white brick mortar

vi.

Ornate wrought-iron, “New Orleans” style grille and rail work

vii.

Stucco surfaces that are highly textured such as those sometimes associated with a “hacienda” or “Mediterranean” style

viii.

Expanded metal

ix.

Silver or clear anodized aluminum sheets

Silver or clear aluminum extrusions for windows and doorways

xi.

Residential type sliding glass doors

xii.

Imitation wood siding or stone

xiii.

Flat or molded plastic sheeting in quantities exceeding five square feet when used as primary facade materials

xiv.

Imitation metal “rock work”

xv.

Plastic molded imitations of any conventional building material

xvi.

Mirror or metalized reflective glass

xvii.

Glass block

Accent materials for architectural details, trim, window or door framing may be wood (painted or stained), brick, cast brick, wrought iron, or other materials compatible with the historic and architectural character of the early 1900’s downtown style. Permanent bars over windows or doors shall not be allowed under any circumstances.

Roof and cornice lines shall be horizontal or triangular, as shown below:

Primary building colors shall be red brick, brown or variants thereof, specifically excluding white, yellow or pink. Vibrant accents may be used in limited quantities at appropriate locations. Accents are to be of high quality materials and are used to promote a vibrant street life in a manner compatible with the “civic” nature of the street. Accent and highlight building colors shall equal no more than twenty-five percent (25%) of the front facade of and shall allow the full spectrum of colors. Original brick or masonry surfaces should be maintained and not be painted, unless severe deterioration of the brick or brick can be shown to require painting and other consolidation or stabilization methods cannot be shown to be appropriate.

Along the facade adjacent to a street, buildings shall provide an awning for a minimum of seventy-five percent (75%) of the entire length of the frontage which projects no less than six feet (6') from the building face, designed to be retracted and constructed with placement of the signage and windows in mind.

Each building shall provide a minimum of four (4), a maximum of eight (8) ‘early 1900’s downtown’ detail devices. No more than one (1) of any one device shall be counted toward meeting the minimum. Acceptable devices include, but are not limited to, the following:

Kick plates

First Floor Display Windows

Recessed central entrance areas or angled entrances on corners

Transoms windows above entrance doors

Clerestory portions of display windows

Sign bands

Parapet walls with caps or cornices

Vertical window patterns, shapes, window sills on 2nd floor

Pilasters and decorative brick or stone

Decorative Street Lamps

Or similar device.

Enhancing Elements

(EACH DEVELOPMENT MUST SELECT 2 OF THE 3 ELEMENTS LISTED BELOW).

Provide two complementary primary facade materials to achieve facade articulation, visual variety and/or architectural detailing buildings.

Application of base standards to facades not facing a public street.

Provide a minimum of six (6), a maximum of eight (8) ‘early 1900’s downtown’ detail devices. No more than two (2) of any one device shall be allowed. Acceptable devices include, but are not limited to, the following:

Kick plates

First Floor Display Windows

Recessed central entrance areas or angled entrances on corners

Transoms windows above entrance doors

Clerestory portions of display windows

Sign bands

Parapet walls with caps or cornices

Vertical window patterns, shapes, window sills on 2nd floor

Pilasters and decorative brick or stone

Decorative Street Lamps

Or similar device.

Buildings with cornice line, parapet wall, gable roof, pediment, corbel, and/or coping.

Building Articulation, Form and Massing.

Base Standard

(ALL DEVELOPMENT MUST COMPLY FULLY WITH ALL LISTED BELOW).

In order to avoid large blank building facades, variations in the elevation of building facades adjacent to a public street shall be provided in both the vertical and horizontal dimensions. Walls shall not exceed a height to width ratio of 1 to 2 without substantial variations in massing that include a change in height and either a projective or recessed element, as follows:

At least fifteen percent (15%) of the roof line of the facade adjacent to a public street shall be offset a minimum of four feet (4') in height, in a form compatible with traditional downtown-style architecture of the early 1900’s, as illustrated below:

At least fifteen percent (15%) of the facade adjacent to a public street shall be offset a minimum of four feet (4') either protruding from or recessed back from the remainder of the facade in GR, SC, and C Districts. At least ten percent (10%) of the facade adjacent to a public street shall be offset a minimum of four feet (4') either protruding from or recessed back from the remainder of the facade in the IND District where buildings are adjacent to residential or Main Street or other thoroughfare with a right-of-way width of 80-feet or greater. This concept is illustrated below:

Entrances to buildings shall be emphasized through providing projections, recessed areas, canopies, projections in height, or other architectural elements.

Ground floor facades adjacent to a public street in a GR, SC, and C Districts shall have arcades, display windows, entry areas, awnings, or other such features along at least seventy-five percent (75%) of their horizontal length (listing of feature labels can be found above).

Enhancing Elements

(EACH DEVELOPMENT MUST SELECT 2 OF THE 3 ELEMENTS LISTED BELOW)

Application of the base standard to facades not adjacent to a public street, but visible from a public street.

Articulation of bays to reflect a smaller building massing to more accurately mimic early 1900’s style downtowns.

Use of architectural detailing to provide variety in the visual appearance of the facade of the building. Architectural detailing may be achieved by the harmonious use of materials, colors, or textures.

Additional Requirements.

Gas pumps and fueling stations

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

Canopy columns shall be fully encased with masonry materials that are complimentary to the material and color used on the main building.

The canopy band face shall be flat with no projections or stripes, be non-plastic and generally a metal or masonry based material, be primarily one earth-tone color that matches or accents the primary building, may not be backlit or otherwise illuminated or used as signage, and should generally be no greater than 4 feet in size, except as follows:

The canopy band face may utilize one small button logo on each face that can be internally illuminated, as long as each button logo does not exceed 15 square feet for bands 3' in size and 20 square feet for bands 4' in size, is generally as tall as it is wide, and does not protrude more than 18 inches from the canopy in any direction.

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

The canopy band face may utilize internally illuminated rings, as long as the source is LED, it is flush with the band face and only protrudes nominally (up to a maximum of 6"), and the size of the ring does not exceed more than 25% for single rings and 50% for multiple rings of the thickness of the canopy band face.

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

Drive-Thru Facilities.

Drive-thru facilities shall provide sufficient stacking spaces, as determined by the City Planner.

Drive-thru facilities with a side egress onto the drive-thru shall provide the following:

A minimum 4' wide curbed sidewalk separating the drive-thru from the pedestrian entrance.

A minimum 4' high safety railing, comprised of black tubular steel or similar material, that stretches a minimum 10' along the curb.

A stamped and stained cross-walk from the entrance across the drive-thru.

Signage effectively warning of pedestrians that includes a minimum hanging/projecting sign, a stand-up sign on the sidewalk, and a minimum 2" tall door sign for patrons exiting the building.

Sanitation Containers.

Garbage, trash, or refuse containers (generally known as “sanitation containers”) shall be screened on all sides. Screening materials shall be masonry of the same material and color as the main exterior facade of the main structure.

Sanitation containers shall not be located in front of the main building unless no other option is available and shall only be allowed with Site Plan approval from City Council.

A solid metal gate shall be provided. Gates shall be kept closed except when in use for access.

Sanitation containers shall be subject to the following design specifications:

Single container enclosures shall be a minimum of 12 feet wide by 14 feet deep, as measured from the inside of the enclosure’s walls.

Double container enclosures shall be a minimum of 25.5 feet wide by 14 feet deep, as measured from the inside of the enclosure’s walls.

Trash compactor enclosures and all other enclosure types shall be constructed to the manufacturer’s specifications.

All enclosure types shall be required a minimum of 40 feet of straight backing, as measured from the front gates of the enclosure, to accommodate a sanitation truck’s maneuverability. If special circumstances prevent straight backing from being provided, the City Planner shall have the authority to approve angled or alternative backing movements.

All enclosure types shall be required to provide a 24-foot vertical clear zone.

Mechanical Equipment and Utilities.

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

All new utilities shall be underground.

Mechanical and heating and air conditioning equipment in nonresidential and multifamily uses shall be screened from view from the public right-of-way and from adjacent residential property with a solid masonry wall of the same material and color as the main exterior facade of the main structure. For such equipment located on the roof of a nonresidential or multifamily structure, the screening of the equipment shall be a minimum of one foot higher than the height of the equipment.

Accessibility and Layout.

Walkways.

Shaded walkways shall be at least six feet in width and shall not include street or access laneway crossings.

All commercial buildings shall be connected by a shaded walkway that also connects to the public right-of-way in at least one location per drive opening onto the public right-of-way.

In parking lots with greater than fifty parking spaces, there shall be provided a central shaded walkway located between parking rows in a minimum of two locations, unless otherwise approved with Site Plan approval from City Council.

Shading may be accomplished through the use of trees planted 30 feet on-center, or awnings, canopies or shade structures.

Vehicular cross-access to adjacent lots shall be provided at all times.

Bay doors shall not be oriented toward the right-of-way and shall be screened from view from adjacent residential properties per requirements contained herein, unless otherwise approved with Site Plan approval from City Council.

NONRESIDENTIAL LANDSCAPE REQUIREMENTS.

Purpose.

The purpose of the landscaping requirements is to provide for the orderly and aesthetic development of the City. It is the intent of these requirements to:

[Provide] a balance between the need for landscape treatments and the need for commercial growth in the City.

Promote a flexible attitude of enforcement sufficient to meet the spirit and intent of these requirements.

Promote mutually beneficial improvements by utilizing incentives rather than penalties.

To aid in stabilizing the environmental balance by contributing to the processes of air purification, oxygen regeneration, groundwater recharge, stormwater runoff retardation and erosion control.

Provide for the separation and buffering of incongruous uses and intensity of activities and provide for the visual softening of building masses.

Reduce glare from paved surfaces, dust nuisances and the impact of noise.

Protect and promote the value of residential and commercial properties within the City.

Promote a positive image for the attraction of new business enterprises within the City.

and

Encourage the protection of healthy trees and vegetation and promote the natural ecological, environmental and aesthetic qualities of the City.

Landscaping Required.

The requirements of this Section shall apply to all new nonresidential and multifamily construction. Buildings in existence on the effective date of this ordinance shall be considered legally nonconforming. Any new construction that exceeds 5,000 square feet, or more than a 30 percent expansion of an existing building, shall be required to meet the requirements herein. Pad site developments or ground lease developments shall be required to provide landscaping in accordance with the landscaping requirements herein. Landscaping requirements include detention pond landscaping and parking lot landscaping. Each requirement is in addition to the others.

Xeriscaping.

Texas has an abundance of native plants which are naturally adapted to the region. Most native or adapted plants are drought tolerant or have lower water demands, and by combining Texas natives with well adapted exotic plants, water is conserved. The use of xeriscape can:

Reduce landscape water and maintenance use by 60 percent or more, which helps extend limited water supplies and conserve water resources;

Provide an enhanced regional identity for Aubrey;

Lower pest problems and require less fertilizer needs than many non-adapted, exotic plants brought into Texas landscapes. By eradicating weeds, competition for available water resources is diminished;

Lower monthly water bills for users;

Reduce runoff through the plants root system, which helps water percolate into the soil, reducing erosion and runoff, improving water quality.

In order to promote prudent use of the City’s water resources and reduce the need for additional water system infrastructure, additional water resources and water purification systems, and to help ensure viability of required plantings during periods of drought, all required landscaping shall comply with the following requirements designed to reduce water usage:

All landscaping shall be from the recommended plant material list, which is comprised of native and adapted vegetation, unless alternate plant materials are approved through the landscape plan.

For maximum reduction in water usage, xeriscape plants shall not be interspersed in plant massing with plants requiring higher water usage.

Irrigation systems shall be designed to provide the appropriate amount of water without over watering.

Lawn or turf is not permitted in areas with a dimension of less than eight square feet.

Detention Pond Landscaping Requirements.

Stormwater control devices, such as detention/retention basins and ponds, shall be landscaped to reduce their visual impacts. Such landscaping shall not negatively impact the operation of such devices, but may include suitable planting materials that will control siltation and erosion, and in all cases shall be sodded. Ponds shall be designed in one of the following ways, subject to review and approval by the City Engineer:

Basic (dry) ponds shall have a decorative retaining wall or slopes no greater than 4:1, shall provide a large canopy tree each 30 linear feet of the perimeter, shall provide a large canopy tree each 100 square feet of the basin, and shall provide a minimum four-inch high black tubular metal (wrought iron style) fence around the perimeter with evergreen screening.

Amenity detention (dry) ponds shall be designed in a manner to be an amenity to the development by providing a gentle 6:1 slope (a partial decorative stone retaining wall may be allowed), shall provide a large canopy tree for each 30 linear feet of the perimeter (which may be clustered), shall provide a large canopy tree each 100 square feet of the basin (which may be clustered), shall provide a public-access path the full circumference of the pond, and shall provide benches and trash receptacles.

Amenity retention (wet) ponds shall be designed in a manner to be an amenity to the development by providing a gentle 6:1 slope (a partial decorative stone retaining wall may be allowed), shall provide a large canopy tree for each 30 linear feet of the perimeter (which may be clustered), benches and trash receptacles. Such ponds shall include aeration to ensure water quality.

Parking Lot Landscaping Requirements.

Planter Islands.

Planter islands shall be provided in parking areas on the basis of ten (10) square feet of landscape area for each parking stall provided (approximately one island per 16 stalls.) The City Planner may modify the island requirement for each row in situations where it would be beneficial to combine islands into a larger island.

Each row of parking stalls shall terminate in a landscape area containing a tree.

Planter islands shall have a minimum width of 8 feet back to back, if curbed, or 9 feet edge to edge if no curb is provided.

No parking space shall be placed greater than 100-feet from a landscaped area containing a tree.

Each planter island in parking areas shall contain a minimum of one canopy tree. Planter islands that have light poles may substitute two understory/accent trees for the required canopy tree.

Big boxes may, in lieu of providing a tree every 12 spaces, choose to provide a minimum ten-foot wide continuous landscape island every eight single rows of parking, with a large canopy tree each 30 linear feet, subject to review and approval by the Director. This does not waive the requirement for terminus islands and trees on parking rows.

In retail developments of 15,000 square feet or more, an urban tree shall be placed in a tree grate or tree well each 30 feet on center within a minimum 12-foot wide sidewalk along active storefronts and mixed-use building fronts. Trees may be clustered so not to block the main vestibule. Facade trees are not required in areas with an architectural arcade.

Screening from Abutting Properties and Rights-of-Way.

All vehicular use areas with more than 10 parking spaces located within 50-feet of an abutting property or public right-of-way shall be screened from the abutting properties and the public right-of-way with a wall, fence, evergreen hedge, berm or other durable landscape barrier. Use of berms and other hardscape materials to meet this requirement are strongly encouraged. Plants and shrubs used in living barriers shall be at least 24 inches high at time of planting and shall be a type and species from the recommended plant list that will attain a minimum height of three feet within 18 months of planting and will form a continuous hedge. Sporadic breaks in the hedge row may be approved to achieve unique designs, but breaks must be screened using hardscape devices such as decorative fencing or berms. Any landscape barrier not containing live plants or trees shall be a minimum of three feet high at time of installation.

For all nonresidential and multiple-family parcels, a minimum 20-foot landscape buffer adjacent to the right-of-way is required.

For all nonresidential and multifamily parcels located at the intersection of two dedicated public streets (rights-of-way), a 20-foot landscape buffer shall be provided parallel to the corner clip right-of-way dedication.

Landscape buffers adjacent to the public right-of-way shall contain at least one large canopy tree each 20 linear feet or fraction thereof of street frontage, inclusive of driveways. Trees may be grouped or clustered to facilitate site design. A permanent public art item of greater than 5-feet in height (i.e. obelisks, sculptures, statues, clock towers, water fountains, etc.) may be placed prominently on a site in lieu of up to 3 required trees.

A perimeter landscape buffer of at least ten feet in width shall be maintained between adjacent properties. This landscaping can be reduced to five feet when abutting property of the same zoning. Access ways between lots may be permitted through all perimeter landscape areas.

Perimeter landscape buffers not adjacent to the public right-of-way shall contain at least one large canopy tree each 50 linear feet or fraction thereof when adjacent to another commercial use, and at least one large canopy tree each 30 linear feet when adjacent to residential uses or zoning. Trees may be grouped or clustered to facilitate site design and shall be appropriately staggered when adjacent to property of the same zoning.

For every five large canopy trees or fraction thereof required along the street frontage and perimeter, one small ornamental tree shall also be provided.

Existing Trees:

The City Planner may approve variations to the planter island requirements to preserve existing trees in interior parking areas. For existing trees, the minimum width of the planter island shall be as follows:

6" caliper or less	8' minimum width
6" to 12" caliper	12' minimum width
more than 12" caliper	18' minimum width

Plant Materials.

Quality Standard:

All plant material shall be of No. 1 grade, free from plant disease, of typical growth for the species, have a healthy, normal root system, rounded branching pattern, and shall conform to the code of standards set forth in the current edition of the American Standard for Nursery Stock.

Recommended Plants:

A list of recommended plants within each plant material type is included in Table 10-3. The applicant may propose plants other than those listed if the plant is appropriate for the intended use or the applicant maintains a plant care program sufficient to properly care for the proposed plant material. Plant materials shall be appropriate for the region and local soil conditions and shall be planted in accordance with good horticultural practice. Plants selected should require only low maintenance and should be temperature and drought tolerant.

Size Requirements when Planted:

All plants shall equal or exceed the following measurements when planted. Plants larger than specified may be used, but use of such plants shall not decrease the size requirements of other proposed plants.

Tree measurement:

Canopy and understory trees with single trunks shall be measured by caliper size one foot (1') above the ground line. Multi-trunk trees shall be measured by the height of the tree.

Table 10-3 Recommended Plants
Canopy Tree	Accent/Understory Trees	Shrubs	Ground Covers
Pecan Cedar Elm Texas Red Oak Live Oak (also Southern Live Oak) Bur Oak Western Soapberry Texas Ash American Elm Chinquapin Oak Lacey Oak Shumard Oak	Mexican Buckeye Red Buckeye Texas Buckeye Carolina Buckthorn Desert Willow Eastern Red Cedar Hawthorn Honeylocust Mexican Plum Possumhaw Holly Redbud Roughleaf Dogwood Rusty Blackhaw Viburnum Texas Persimmon Yaupon Holly (not dwarf species)	Agarita American Beautyberry Coral Berry Texas Nolina Red Yucca Skeletonleaf Goldeneye Texas Sage Japanese Barberry Pampas Grass	Sideoats Grama Silver Bluestem Splitbeard Bluestem Switchgrass Mexican Feather Grass

The City reserves the right to approve plants and planting through an appointed horticulturist, landscape architect, or other persons so qualified.

Minimum sizes:

The minimum plant size when planted shall be as follows:

Plant Material Type	Minimum Size
Single Stem/trunk Canopy Tree	3" caliper
Multi-trunk clump Canopy Tree	6 feet high
Understory Tree	4 feet high
Shrub	15 inches high
Groundcover	4 inch containers

The City Planner may approve smaller size shrubs based on unusual growing circumstances and/or on a specific design that reflects the overall intent of this Section.

Landscape/Irrigation Plan Requirements.

Qualification to Prepare Plans:

Landscape plans shall be prepared by a Registered Landscape Architect, a Landscape Designer or Landscape Contractor, knowledgeable in plant materials and landscape design may also prepare the landscape plan. Irrigation plans shall be prepared by a Licensed Irrigator or Landscape Architect.

Landscape Plan Requirements.

The following items shall be provided on the required landscape plan:

Sheet size 24" by 36", or as approved,

Acceptable scale: 1"=10', 1"=20', 1"=40', or as approved.

North arrow, graphic and written scale

Appropriate title (i.e. “Landscape Plan”)

Title block, including street address, legal description, and date of preparation.

Name and address of owner

Name, address and telephone number of person preparing plan.

Property line shown with dimensions

Existing utilities (water, sewer, storm drain, gas, electric, cable TV, etc.)

Width and type of bufferyards labeled on all sides

Location, caliper size and species of all existing trees 6" caliper or greater which are to be preserved,

Location, quantity, size and species of all proposed plant materials.

Maintenance Note (see paragraph H.1 [subsection (9))

Label type of any enhanced pavement proposed.

Visibility triangles shown

Seal and dated signature of Landscape Architect (if applicable)

Plant list, and

(xviii)

Any berms delineated with one-foot (1') contours

Irrigation Plan Requirements.

The following items shall be provided on the required irrigation plan:

Sheet size 24" by 36", or as approved

Acceptable scale: 1" = 10', 1"=20', 1"=40', or as approved (Must be at same scale as landscape plan)

North arrow, graphic and written scale

Appropriate title (i.e. “Irrigation Plan”)

Title block including street address, legal description, and date of preparation.

Name and address of owner

Name, address and telephone number of person preparing plan.

Property line with dimensions

Location of all existing trees 6" caliper or larger which are to be saved

All pipes labeled as to size

All sprinkler heads labeled as to type (key is acceptable)

Backflow prevention device labeled with type and size

Location of water meter and connection to water service

Any existing utilities (water, sewer, storm drain, gas, electric, cable TV, etc.)

Note indicating that installation must be inspected by the City of Aubrey

Maintenance Note indicated.

Seal and dated signature of professional who prepared plan.

Visibility Triangles.

In complying with the landscaping requirements set forth herein, no landscaping shall be permitted or allowed to cause visibility obstructions and/or blind corners at intersections.

Whenever an access way intersects with a public right-of-way or when the subject property abuts the intersection of two or more public right-of-ways a triangular visibility area, as described below in subsection (e) of this section, is created. Landscaping within the triangular visibility area shall be designed to provide unobstructed cross-visibility at a level between three feet and six feet in height. Trees may be permitted in this area provided they are trimmed in a manner that prevent limbs or foliage from extending into the triangular visibility area.

All sight/visibility triangle distances herein shall be measured from the intersection edges of the curb or, where there is no curb, from the end of the pavement or gravel, unless otherwise specified.

Street intersections -

Each such intersection shall have a sight triangle of 45 feet on each leg from the point of intersection.

Driveway -

Each driveway intersection shall have a sight triangle of 45 feet along the street and 20 feet along the driveway from the point of intersection.

Landscaping, except required grass and low groundcovers, shall not be located closer than three feet from the edge of any access way pavement.

In the event other visibility obstructions are apparent in the proposed landscape plan, as determined by the Director, the minimum landscape area requirements set forth herein may be reduced to the extent to remove the conflict.

Maintenance.

General:

The owner, tenant and the agent, if any, shall be jointly and severably responsible for the maintenance of all landscaping and irrigation. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, 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 materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. All irrigation heads or lines that are broken and flow water shall be replaced or repaired immediately to prevent the waste of water.

Plant Replacement:

The owner shall be responsible for replacing all plant materials which shows dead branching over 25 percent or more of the normal branching pattern and repair irrigation system for a period of one year from the date of issuance of the Certificate of Occupancy. Plant materials that die shall be replaced with plant material of similar variety and similar initial size. The Owner shall make such necessary replacements within 30 days of notification by the City.

SCREENING ELEMENTS AND FENCES.

In order to provide maximum safety to pedestrians and motorists at intersections and at ingress and egress points from public streets, highways and alleys to private property, to conserve and protect aesthetic views and vistas, to secure hazardous areas from unauthorized entry, to contain livestock and other agricultural activities, and to screen and protect permitted outside materials storage areas, the following regulations are prescribed for the location, type and height of regulated required and nonrequired screening elements and fences. The terms “screening elements” and “fence” as used herein, are defined in Section 4.

Traffic Visibility at Intersections.

On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half (2-1/2) feet and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines twenty (20) feet from the point of the intersection.

Traffic Visibility at Interior Lots.

On an interior lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede the vision or in any way create a traffic hazard to motorists entering or exiting any public highway, street, alley, or private street or driveway from or to adjacent private property.

Residential Districts - General.

Screening elements and fences shall be restricted to a maximum height of eight (8) feet, measured from the adjacent grade line, except as otherwise allowed.

Nonresidential uses in a residential district shall be suitably screened from view, to a height not less than six (6) feet of any adjacent residential lot or dwelling use along the side and rear property lines of such nonresidential use. Said screening requirements shall not be mandatory for public schools, parks or churches, except where a parking lot of active outdoor intensive use area (such as a playground) is adjacent to a residential lot or dwelling. Parking lot screening need not be more than three and one-half (3-1/2) feet in height. Off-street loading areas of any nonresidential use shall be adequately screened from view of any residential dwelling or lot or of any other adjacent public or semi-public land use.

Where a multifamily use abuts a one or two-family district, the side and rear property lines of said multifamily district shall be suitably screened from view, to a height not less than six (6) feet, of any adjacent dissimilar residential dwelling or lot.

Garbage, refuse and trash collection/storage areas in any multifamily development or other nonresidential use permitted in a residential district shall be enclosed on at least three (3) sides by a dense screening element to adequately screen such area from view of the surrounding area.

A screening fence may be placed at the front property line of a residential district, measured from the adjacent grade, when (1) the height does not exceed eight (8) feet, and (2) there is minimum transparency of 75%. Masonry columns constructed of brick, stone, or reinforced concrete, ornamental metal rail fencing, or any sustainable material with more than a 30-year life expectancy is allowed as long as the opacity of the screen does not exceed 25%.

No screening element comprised of brick, masonry, concrete or solid metal shall be erected or placed which would interfere with the installation or maintenance of any public utility line, service or drainageway, within the easements reserved therefor.

Nonresidential Districts - General.

Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be suitably screened by the nonresidential use so as to obscure the view from the residential lot, use or district to the nonresidential use to a height not less than six (6) feet.

Where a district boundary separating a residential district from a nonresidential district is along a street or alley, and an automobile parking lot or parking area is located in the front yard of the nonresidential use, then said parking lot or parking area facing the residential lot, use or district shall be suitably screened to a height of not less than three and one-half (3-1/2) feet.

Where garbage, refuse and trash collection/storage is permitted and the screening thereof is required, then such screening shall be provided around the exposed perimeter thereof of not less than six (6) feet in height.

In all districts where open space is permitted and the screening thereof is required, then such screening shall be provided around the exposed perimeter thereof of not less than six (6) feet in height.

Off-street loading areas shall be adequately screened from view of any residential dwelling or any other adjacent residential land use.

All required screening elements shall be permanently and adequately maintained by the nonresidential property owner.

Barbed Wire Fences.

§ 24 BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY.

Barbed wire fences used in conjunction with permitted agricultural and related activities and in industrial districts are permitted without restrictions, but are expressly prohibited in all other districts.

(Ordinance 135-87 adopted 4/14/87; Ordinance 494-13, ex. A, adopted 3/19/13; Ordinance 495-13, ex. A, adopted 3/19/13; Ordinance 503-13, ex. A, adopted 6/18/13; Ordinance 504-13 adopted 6/18/13; Ordinance 549-15 adopted 1/20/15)

BUILDING PERMITS REQUIRED.

No building or other structure shall be erected, moved, added to, enclosed, or structurally altered without a permit. For single-family structures, or for any construction which is of a lesser extent but is a part of a single-family structure, including fences, driveways, or room additions, a permit shall be issued by the administrative official. For any other type of building or structure, which is of a multifamily, commercial or industrial type use, no permit shall be issued by the administrative official without prior approval of the planning and zoning commission.

APPLICATION FOR BUILDING PERMIT.

All applications for building permits where the estimated construction costs exceed $1,000.00 shall be accompanied by plans in triplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of buildings already existing, if any, and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the building inspector, including existing or proposed building or alteration, existing or proposed uses of the building and land, the number of families, housekeeping units, or rental units the building is designed to accommodate, conditions existing on the lot, and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this Ordinance.

One (1) copy of the plans shall be returned to the applicant by the building inspector, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The original and one (1) copy of the plans, similarly marked, shall be retained by the building inspector.

EXPIRATION OF BUILDING PERMIT.

If the work described in any building permit has not begun within six (6) calendar months from the date of issuance thereof, said permit shall expire; it shall be canceled by the building inspector; and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.

CERTIFICATE OF OCCUPANCY REQUIRED FOR NEW OR ALTERED BUILDINGS OR CHANGES IN USE OF NONCONFORMING USES.

No nonconforming building or use shall be maintained, renewed, changed, or extended until a certificate of occupancy shall have been issued by the building inspector. The certificate of occupancy shall state specifically wherein the nonconforming use differs from the provisions of this Ordinance, provided that upon enactment or amendment of this Ordinance, owners or occupants of nonconforming uses or buildings shall have three (3) months to apply for certificates of occupancy. Failure to make such application within three (3) months shall be presumptive evidence that the property was in a nonconforming use at the time of enactment of this Ordinance.

No permit for erection, alteration, moving, or structural repair of any building shall be issued until an application has been made for a certificate of occupancy, and the certificate shall be issued in conformity with the provisions of this Ordinance upon completion of the work.

A temporary certificate of occupancy may be issued by the building inspector for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion, provided that said temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.

The building inspector shall maintain a public record of all certificates of occupancy.

Failure to obtain a certificate of occupancy shall be a violation of this Ordinance and punishable under Section 3 of this Ordinance.

CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, PERMITS, AND CERTIFICATES OF OCCUPANCY.

Building permits or certificates of occupancy issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement, or construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Ordinance, and punishable as provided by Section 3.B. hereof.

CERTIFICATE OF OCCUPANCY REQUIRED.

Certificates of Occupancy Required.

A certificate of occupancy (CO) permit must be obtained on all buildings hereafter erected or structurally altered; which shall include nonresidential or commercial, before any building is occupied and its utilities are turned on. A building must pass an inspection prior to being issued a Certificate of Occupancy permit. The provisions of this section of the ordinance are designed specifically to provide for the safety and well-being of the tenants whom are to occupy said dwellings.

The Building Inspector will issue a written list of violations that must be corrected before the property may be occupied by a tenant; or will instruct, in writing, the City Secretary to issue the Certificate of Occupancy as soon as the property has been inspected and found to be suitable for occupancy.

If initial inspection finds the property does not pass the safety inspection, the inspector will issue a list of repairs that must be completed before the Certificate of Occupancy is issued; when the repairs are completed the inspector will re-inspect the property and if the repairs are in order, will issue the Certificate of Occupancy.

Fee Established.

A person who applies for a Certificate of Occupancy shall pay a nonrefundable administrative fee. This administrative fee is to cover the cost associated with the inspections, reviewing and maintaining the documentation required by this Chapter. Such fee may appear on the person’s water utility statement. The Director of Public Works is authorized to collect such charges in a manner consistent with this Ordinance, City Codes and State law.

Expiration.

If a property is unoccupied for more than 180 days, a new Certificate of Occupancy must be completed before tenant can occupy property.

Penalty for Violations and Other Remedies.

A person who violates any provision of this Chapter by performing an act prohibited or by failing to perform an act required is guilty of a misdemeanor; each day the violation continues shall be a separate offense.

Appeal.

A person may appeal the decision of the Building Inspector by making a written request for appeal to the Mayor or designee within seven business days of the adverse decision or action. The appeal hearing shall be conducted as soon as practicable following receipt of the notice of appeal. The appeal shall be heard by the Mayor. An adverse decision of the Mayor may be appealed by written notice to the City Board of Adjustment, whose decision shall be final and binding.

A Certificate of Occupancy shall be required for the following:

occupancy and use of a building hereafter erected or structurally altered;

change in use of an existing building to a use of a different classification;

occupancy and use of vacant land, except agricultural Use;

change in the use of land to a different classification;

any Nonconforming Use or change in a Nonconforming Use;

change of tenant, or applicant, or property owner of a lease space or building[.]

No such use, or change of use, shall take place until a Certificate of Occupancy therefor shall have been issued by the Building Official.

(Ordinance 135-87 adopted 4/14/87; Ordinance 195-94 adopted 2/7/94; Ordinance 285-00 adopted 6/20/00; Ordinance 491-13 adopted 2/19/13; Ordinance 555-15, sec. 2, adopted 4/21/15; Ordinance 560-15, sec. 2, adopted 7/21/15; Ordinance 570-15, sec. 2, adopted 7/21/15; Ordinance 642-18 adopted 9/25/18)

§ 25 PARKING SPACE REGULATIONS.

AUTOMOBILE PARKING SPACE REGULATIONS.

Whenever any ordinance, regulation, or plan enacted or adopted by the City Council is for the purpose of providing off-street automobile parking spaces or of establishing requirements that such spaces be provided within any section or sections of the city, then such plan or requirements shall govern within such sections. Otherwise off-street automobile parking spaces shall be provided as follows, applicable to buildings hereafter erected and uses hereafter established, to such nonconforming uses as may be required to conform to the regulations hereof, and to extensions and enlargements of buildings and uses.

Except as otherwise provided in this section, off-street parking spaces shall be provided as follows:

USE OF BUILDING OR SITE	MINIMUM NUMBER OF PARKING SPACES REQUIRED
Residential:
Single-Family	2.0 per dwelling unit
Two-family	2.0 per dwelling unit
Multifamily:
Efficiency and one bedroom	2.0 per dwelling unit
Two or more bedrooms	2.0 per dwelling unit
Commercial:
Offices, General	1.0 per 300 sq. ft. gross floor area
Banks and Savings and Loan	1.0 per 600 sq. ft. gross floor area plus 1.0 space per employee
Clinics and Doctor’s Offices	1.0 per 300 sq. ft. gross floor area
General Retail	4.0 per 1,000 sq. ft. gross floor area
Shopping Centers	3.0 per 1,000 sq. ft. gross floor area
Carwash	0.3 per employee, plus 1.0 for owner or manager, plus reservoir parking as provided below
Restaurants	1.0 per 3 seats
Hotels, Motels	1.0 per rentable room plus 0.5 per employee on any one shift
Halls for meeting, dancing, social events	1.0 per 4 persons accommodated
Entertainment:
Bowling Alleys	6.0 per lane
Pool Hall	6.0 per 1,000 sq. ft. gross floor area
Industrial:	1.0 per 2 employees on any one shift
Auditoriums and Theaters:	1.0 per 3 seats
Churches:	1.0 per 3 seats
Day Care Center or Nursery:	1.0 space for every ten (10) children or clients, based on maximum occupancy and licensing capacity; plus 1.0 space per employee; plus 1.0 space for each bus or van parked on property; and adequate stacking spaces for pick-up and drop-off.
Elementary and Jr. High Schools:	1.0 per classroom plus 1.0 space per 4 seats in auditorium
High School:	1.0 per classroom plus 1.0 per 3 students in instruction plus 1.0 space per 4 seats
Hospitals:	1.0 per 2 beds plus 1.0 per 3 staff members on any one shift
Nursing Homes:	1.0 per five beds plus 1.0 per 2 staff members on any one shift
Wholesale Storage and Jobbing:	1.0 per employee, plus 1.0 per business vehicle parked on premises, plus 2.0 for visitor or customer parking

Off-street reservoir parking shall be provided for an automatically operated carwash equal to three (3) times the maximum capacity of the carwash, and for a manually operated carwash equal to six (6) times the maximum capacity of the carwash, for automobiles awaiting entrance. “Maximum Capacity” shall mean the greatest number of automobiles undergoing some phase of washing at the same time.

The required yard setbacks for any building shall not be included in calculating the minimum space requirements for off-street parking.

Where a building or a site contains two (2) or more uses, the off-street parking requirement shall be computed as the sum of the required off-street parking spaces for each individual use.

Each business, commercial, manufacturing or industrial use having deliveries made by truck more than once a day between the hours of 8:00 a.m. and 6:00 p.m., or where the time of loading and unloading materials or goods exceeds ten (10) minutes between those hours, shall provide off-street truck loading space on the lot, such space to be not less than thirty-five (35) feet in length, twelve (12) feet in width, and fifteen (15) feet in height.

For the purpose of this subsection, one parking stall shall be not less than one hundred seventy-five (175) square feet in area, together with whatever area is required for means of ingress and egress thereto, except that in the case where attendants perform the act of parking in defined and adequate stalls then each such stall shall be considered a parking stall as required herein.

A driveway for access to any single parking space or to a parking lot shall be not less than twenty (20) feet in width nor more than thirty (30) feet in width at the property line along the street and shall be so located as to minimize traffic hazard and congestion.

All required parking stalls shall be located on the premises to which such requirement applies or within an off-street space distance not more than five hundred (500) feet from such premises, provided that such stalls as are required for employees and proprietors of any premises may be located within an off-street space distance not more than one thousand (1,000) feet from such premises except as otherwise provided in this subsection or other subsections of this Ordinance.

Provision of parking stalls shared jointly by several persons in the same block or in the same vicinity is permissible, in which case the number of stalls required shall be the sum total of the individual requirements, provided that where it is found by the board of adjustment, upon application thereto, that the parking demand generated by the different uses included in any joint arrangement to provide parking stalls required herein occurs at distinctly different times, as in the case of a theater generating demand for parking during such daytime hours, and in similar cases, the board of adjustment may reduce the total number of parking stalls to be jointly provided.

All parking spaces required for any use and provided in compliance with the provisions of this subsection on the same lot or plot as that occupied by such use shall be considered to be required spaces for the use or uses to which appurtenant and shall not be reduced or encroached upon in any manner.

The surface of parking stalls and aisles, truck standing spaces, and access driveways therefor shall be treated, prepared and maintained for adequate drainage and the elimination of dust, dirt, and mud, according to city specifications.

In a case where existing off-street parking facilities have unused parking capacity and where such facilities are open to the use of the public free of charge or at reasonable rates, the board may reduce the parking space requirements for any use [at a] distance not more than eight hundred (800) feet from such facility or facilities, provided that the total number of stalls in such reduction shall be not greater than the total number of stalls of unused capacity.

In a case where any public or private off-street parking facility, to be open to the use of the public free of charge or at a reasonable rate, is planned or is in process of development and where the board has reasonable assurance that such development will be carried to completion and will when completed relieve the parking demand in an area within five hundred (500) feet thereof in some measure or in full measure, the board may establish a reasonable time period within which any use or uses within such area shall provide required space for parking stalls. Upon completion of all or a portion of such development, the provision of paragraph (10) above may be applied by the City Council.

In a case where the customary mode of transportation of a majority of the patrons, employees, and proprietors of any use, to and from the area in which such use is located, is other than by private automobile, the board may reduce by an amount not to exceed fifty percent (50%) the space required for parking stalls for such use.

In a case where it is clearly shown by the applicant to the satisfaction of the board that the provision of the amount of space required herein for parking stalls, due to the particular nature of the proposed use or other condition, would be unnecessary hardship, the City Council may reduce such requirement.

RECREATIONAL VEHICLES.

With property owner consent, a recreational vehicle may be used as a temporary dwelling on private property only if permitted by the City by the granting of a Temporary Recreational Vehicle Permit, for a period not to exceed fourteen days. For a Temporary Recreational Vehicle Permit to be granted, an applicant must provide the property owner’s written consent. For any given lot or tract of privately owned real property, a Temporary Recreational Vehicle Permit may be granted up to four times per calendar year. The Permit must be clearly displayed in the window of the RV.

Under circumstances of force majeure, an RV may be used as a temporary dwelling in excess of the fourteen-day time period with approval from the City Administrator and subsequent approval by City Council at the next available Council meeting.

A recreational vehicle parked in accordance with a Temporary Recreational Vehicle Permit may not discharge gray water or toilet waste on the ground or in violation of any applicable state laws or regulations. An RV, if connected to an electrical outlet, shall be connected to a minimum 30 amp or 50 amp outlet for purposes of storage.

A recreational vehicle parked in accordance with a Temporary Recreational Vehicle Permit shall be parked on a driveway, outside of the public right-of-way, or in the side or rear yard of the property owner’s residence. A recreational vehicle stored on private property or parked for long-term storage (not used for dwelling purposes) does not require a Temporary Recreational Vehicle Permit.

On-street parking of any recreational vehicle shall be limited to a 72-hour period for purposes of loading and unloading.

A recreational vehicle parked or stored at an otherwise legally operating RV park or RV storage business is not required to obtain a Temporary Recreational Vehicle Permit.

(Ordinance 135-87 adopted 4/14/87; Ordinance 474-12, sec. 2.05, adopted 8/21/12; Ordinance 593-16, sec. 3, adopted 7/19/16; Ordinance 643-18, sec. 7, adopted 9/28/18)

§ 26 NONCONFORMING USES.

INTENT.

Within the districts established by this Ordinance, or amendments that may later be adopted, there exist:

lots and uses of lands;

buildings and structures;

uses of land and buildings in combination; and

characteristics of use which were lawful before this Ordinance was passed and amended, but which would be prohibited, regulated or restricted under the terms of this Ordinance or future amendments. It is the intent of this Ordinance to permit these nonconformities to continue until they are removed. It is further the intent of this Ordinance that such nonconformities shall not be enlarged upon, expanded or extended, nor be used as ground for adding other buildings and structures or uses prohibited elsewhere in the same district.

Nonconforming uses are declared by this Ordinance to be incompatible with permitted uses in the districts involved. A conforming use of a building or structure, a nonconforming use of land, or a nonconforming use of buildings and land in combination shall not be extended or enlarged after passage of this Ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises or by the addition of other uses of a nature which would be prohibited generally in the district involved.

To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

NONCONFORMING LOTS OF RECORD.

In any district in which residential, commercial, or industrial buildings are permitted, buildings may be erected on any single lot of record, or multiple lots of contiguous street frontage in the same ownership, which were recorded prior to the effective date of this Ordinance. This provision shall apply even though such lot or lots fail to meet the minimum requirements for area, width, or depth, as governed by Section 22, however all other provisions of Section 22 shall apply.

Conformance When.

The lawful use of a building or land existing at the date of enactment of this Ordinance, although such does not conform to the provisions hereof, may be continued, but if nonconforming use is discontinued for a period of six (6) consecutive calendar months it shall not thereafter be resumed and any future use of such building or land shall be in conformity with the provisions hereof.

The use of the land, if changed from a nonconforming use, shall be in conformity with the provisions hereof.

Repairs - Cost Ceiling.

The total structure repairs or alterations in a nonconforming building shall not, during its life, exceed 50 percent (50%) of the assessed value of the building unless changed to a conforming use. The use of a nonconforming building may be changed to another nonconforming use of the same or more restricted classification.

Extension When.

A nonconforming use of a building or land shall not be extended unless changed to a conforming use.

Classification Changes.

Whenever the nonconforming use of a structure is changed to the use of a more restricted classification, such use shall not thereafter be changed to a use of a less restricted classification.

For the purpose of this regulation, uses permitted in SF1 Districts shall be deemed to be those in the most restricted classification.

Restoration When.

A nonconforming structures destroyed or damaged by fire, flood, wind, earthquake, explosion or other casualty, or by the public enemy, to the extent where the cost of restoration would amount to less than fifty percent (50%) of its assessed value, may be restored. If the damage is in excess of fifty percent (50%) of its assessed value or restoration is not started within a period of one (1) year and carried diligently to completion, application for restoration shall be made to the board of adjustment to permit such restoration. Property owners, as shown by the city tax records on the effective date of this Ordinance, shall be able to restore their property regardless of the extent of destruction, without making application to the board of adjustment. However, said restoration shall comply with all construction codes then in effect within the city.

Applicability.

The provisions of this section shall apply to any use that may become a nonconforming use due to a change in the classification of the district in which located, from the effective date of the ordinance making the change.

(Ordinance 135-87 adopted 4/14/87; Ordinance 548-14, sec. 3 adopted 12/16/14)

§ 27 SIGN REGULATIONS.

APPLICABILITY; PURPOSE AND INTENT.

The purpose of this section is to regulate the location, size, construction, duration, use, and maintenance of all signs on a content-neutral basis. The regulations contained within this section shall be applicable within the corporate territorial limits and the extraterritorial jurisdiction of the City of Aubrey, Texas. The general objectives of this section are to balance the rights of individuals to convey their messages through the lawful use of signs with the rights of the public to be protected from potential harm, to promote the health, safety, and welfare of the general public, and to aid in achieving the following goals:

Safety.

To promote the safety of persons and property by providing that signs do not:

Create a hazard due to collapse, fire, decay, and/or abandonment;

Obstruct firefighting or police observation; or

Create traffic hazards by confusing or distracting pedestrians, motorists, or cyclists.

Communication Efficiency.

To enhance the economy, the business, and the industry of the City by promoting the reasonable, orderly and effective display of signs and thereby encourage clear communication with the public, so that:

Businesses and services may identify themselves;

Motorists, pedestrians, and other persons may locate a business or service;

Priority is given to the conveyance of public safety messages; and

The right of free speech is preserved and exercised using signs.

Environmental Preservation and Aesthetics.

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

Protect, preserve and enhance scenic views, natural landscapes, and historic values of the city;

Protect, preserve and enhance economic viability of the city's commercial corridors by assuring aesthetic appeal to businesses and residents alike;

Do not create visual clutter to persons using the public rights-of-way;

Do not create a nuisance to occupants or customers of adjacent property by sign size, height, brightness, or materials; and

Changeable electronic message/reader board sign

Are not detrimental to land or property values.

DEFINITIONS.

For the purposes of this Section 27, Sign Regulations, the following words shall have the following definitions ascribed to them. Words not defined in this Section 27, Sign Regulations shall be as defined in Exhibit 14A, Section 4, or if not defined herein or in Exhibit 14A, such terms shall be given their common and ordinary meaning.

Abandoned sign

means a sign that for at least six continuous months does not identify or advertise a bona fide business, lessor, service, owner, product, or activity, and/or for which no legal owner can be found, and/or that pertains to a time, event or purpose that no longer applies.

Advertising

means the act of conveying information to seek the attraction of or to direct the attention of the public to any location, event, person, activity, goods, services or merchandise.

Attached sign

means any sign affixed to, applied on, or supported by any part of a building located on-premises.

Awning sign

means a permanent sign that is directly applied, attached, or painted onto an awning, which is a projection, shelter, or structure of canvas, metal, wood, or other similar approved material that covers a pedestrian walkway and is intended for protection from the weather or as a decorative architectural feature. (See detailed information and restrictions in subsection E(1)(a), Permanent Signs Allowed in Downtown Area, Awning Signs.)

Balloon/floating device

means a visible airtight or airflow through apparatus commonly made of latex, mylar or other similar material that extends by a cord, rope, string, wire or other similar material.

Bandit sign

means unauthorized signs posted on utility poles, street signs, traffic signals or signal supports, signal boxes, fences, barricades, trees, posts, or other fixtures within the public right-of-way or public property. The term also includes signs on private property not meeting the definition of a temporary sign and placed with or without the permission of the owner of the property.

Banner sign

means a temporary sign having characters, letters, or illustrations applied to plastic, cloth, canvas, or other light fabric or similar material, with the only purpose of such nonrigid material being for background. (See detailed information and restrictions in subsection E(2)(a), Temporary Signs in Downtown Area, Banner Signs.)

Billboard sign

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

Builder promotional sign

means a sign that is located on a residential or commercial property advertising the availability of homes and/or tenant space. (See detailed information and restrictions in subsection E(5)(a), Miscellaneous or Temporary Signs, Builder Promotional Signs.)

Building

means any structure that has a roof supported by columns or walls for shelter, support, or enclosure intended for persons, animals, or material goods for any use or occupancy. When separated by dividing walls without openings in a manner significant enough to prevent the spread of fire, each portion of such structure separated may be deemed as a separate building.

Building official

means the City's building official or his designee or other City-authorized agent appointed by the City Manager.

Canopy sign

means a permanent sign that is applied, attached, painted, or affixed on a canopy or other roof-like cover over gasoline fuel pump, vacuum area at car detail facilities, or other areas where services are provided to a patron in a vehicle intended for protection from the weather or as a decorative embellishment. (See detailed information and restrictions in subsection E(3)(a), Permanent Signs, Canopy Signs.)

Cantilevered ground sign

means a permanently affixed sign which is wholly independent of a building for support and where the primary support is supplied by a post and the sign hangs from a bracket or support. (See detailed information and restrictions in subsection E(3)(b), Permanent Signs, Cantilevered Ground Signs.)

Certificate of occupancy

means an official certificate issued by the City which indicates conformance with building, zoning, and health safety regulations and authorizes legal use and occupancy of the premises for which it is issued.

means a permanent sign or portion of a permanent sign designed to allow advertising or wording to be changed at periodic intervals, either manually or electronically, and is operated whereby light is turned on and off intermittently. This definition includes any illuminated sign in which such illumination is not kept stationary or constant in intensity and color when said sign is in use, including a light emitting diode ("LED") or digital sign. The term "changeable electronic message/reader board sign" does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices approved by the Federal Highway Administrator as the National Standard. (See detailed information and restrictions in subsection E(5)(b), Miscellaneous or Temporary Signs, Changeable Electronic Message/Reader Board Sign.)

City

means the City of Aubrey, Texas.

City Manager

means the City Manager or his designee or other City-authorized agent designated by the City Manager.

Conforming sign

means a sign that is legally installed in conformance with jurisdictional laws and ordinances.

Construction sign

means a temporary sign containing graphics, symbols, text or images securely attached to, or printed directly onto the screening fabric of, a temporary fence or barrier placed around an active construction site. (See detailed information and restrictions in subsection E(5)(c), Miscellaneous or Temporary Signs, Construction Sign.)

Crown sign

means a wall sign extending not more than three feet from the building facade and located on the upper horizontal band of a building at least 55 feet in height and four stories in height. (See detailed information and restrictions in subsection E(3)(c), Permanent Signs, Crown Signs.)

Development sign, temporary

means a temporary sign which advertises real estate, brokerage, development or similar opportunities related to the land on which the sign is located. The definition does not include Builder Promotional Signs. (See detailed information and restrictions in subsection E(5)(d), Miscellaneous or Temporary Signs, Development Sign.)

Drive-through order sign

means a sign erected in conjunction with a use that incorporates a drive-through or drive-in. (See detailed information and restrictions in subsection E(3)(d), Permanent Signs, Drive-Through Order Signs.)

Effective sign area

means the portion of the sign face that is utilized for the display of information to include background, however, does not include the framework or base of the sign.

Erect or install

means to build, construct, attach, hang, place, suspend, affix, paint, display, apply, assemble or place in any manner, including, but not limited to, on the exterior of a building or structure.

Exempt

means a sign permit is not required; however, compliance with all other City ordinances and the City's Zoning Ordinance, as it currently exists or may be amended, is required.

Facade

means any separate face of a building, including parapet walls and omitted wall lines, or any part of a building which encloses or covers usable space. Where separate faces are oriented in the same direction, or in directions within 45 degrees of one another, they are considered as part of a single facade.

Feather flag

means a wind device as defined herein that contains a harpoon-style pole or staff driven into the ground for support.

Flag

means a piece of fabric attached to a staff or cord on one end and generally used as a symbol of a nation, state, political subdivision, or organization. (See detailed information and restrictions in subsection E(5)(e), Miscellaneous or Temporary Signs, Flags.)

Flagpole

means a freestanding device permanently placed in the ground for the purpose of flying a flag of a nation, state, political subdivision, or organization.

Frame duration

means the time during which the frame continues a changeable message sign.

Garage sale

see yard sale.

Government/regulatory sign

means any sign that is erected by or upon the order of a public officer, employee or agent thereof, in the discharge of official duties.

Graffiti

means pictures, words, slogans, images, or other artwork painted, drawn, scratched, or applied in any manner to exterior walls, fences, structures, vehicles, stone, statues, buildings, or other items in public view. Graffiti includes the illegal or unauthorized defacing of a building, wall, or other edifice or object by painting, or otherwise marking it with words, pictures, symbols, advertising, logos, relations with a group, indecent/vulgar images, or offensive language.

Grand opening

means a commemoration that promotes the opening of a new business. A grand opening may only be located at the business that received a certificate of occupancy.

Human sign

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

Illegal sign

means a sign that fails to comply with any provision of this section 27, or other applicable Ordinance of the City, and which is not classified as a nonconforming sign as defined herein.

Illuminated sign

means a sign designed or made that consists of lights, LEDs, or other form of illumination that displays a message or picture that does not scroll, fade, blink, flash, travel, or through any other means that do not provide constant illumination.

Impounded sign

means a sign that is legally removed by the City in accordance with the provisions of subsection D(6), "Removal of Signs in Violation."

Incidental sign

means a sign that is normally incidental to the allowed use on the property such as, but not limited to, directional signs, entrance, exit, or overhead clearance. (See detailed information and restrictions in subsection E(5)(f), Miscellaneous or Temporary Signs, Incidental Signs.)

Inflatable sign

means a temporary sign manufactured of plastic, cloth, canvas, or other light fabric and inflated with air. (See detailed information and restrictions in subsection E(5)(g), Miscellaneous or Temporary Signs, Inflatable Signs.)

Logo

means any registered or recognized design, insignia, or other mark, which is used in advertising to identify an organization, individual, company, or product.

Mechanical sign

means any sign, which rotates, shakes, or moves by means of a motor, battery, or the like.

Merchandise display

means any goods, wares, merchandise, or other advertising object or structure suspending from any building, pole, structure, sidewalk, parkway, driveway, parking area, or fuel pump island for the purpose of advertising such items.

Message transition

means the process by which a change occurs or the period of time between the changing from one message to another on a changeable message sign.

Monument sign

means a permanent freestanding sign that is supported from grade to the bottom of the sign having or appearing to have a solid and opaque base independent of the principle building or structure.

Monument sign, multiple tenant

means a permanent freestanding sign that is supported from grade to the bottom of the sign having or appearing to have a solid and opaque base independent of the principle building or structure located on a single lot that contains multiple businesses. (See detailed information and restrictions in subsection E(3)(e), Permanent Signs, Monument Signs - Multiple Tenant Signs.)

Monument sign, single tenant

means a permanent freestanding sign that is supported from grade to the bottom of the sign having or appearing to have a solid and opaque base independent of the principle building or structure located on a single lot that contains only one business. (See detailed information and restrictions in subsection E(3)(f), Permanent Signs, Monument Signs - Single Tenant.)

Mural sign

means pictures or artwork painted, drawn, or applied on the exterior walls of a building depicting a non-commercial message. (See detailed information and restrictions in subsection E(1)(b), Permanent Signs in Downtown Area, Mural Signs.)

Neglected sign

means a sign that has any missing panels, burned out lights, missing letters or characters, rust, loose parts, damage, fading from its original color, supports or framework with missing sign or parts, or is not maintained.

Non-profit sign

means a temporary sign that shall be located on private property that is owned by a legitimate business or entity that has as a primary function a charitable and/or non-profit status, as determined by the IRS standard. (See detailed information and restrictions in subsection E(5)(h), Miscellaneous or Temporary Signs, Non-Profit Signs.)

Non-residential use

means any structure or use not included in the definition of "residential use" contained in this section including, but not limited to, a home-builder model home, a temporary sales trailer, and an apartment leasing office.

Nonconforming sign

means any sign and its supporting structure that does not conform to all or any portion of this section 27, Sign Regulations, and (1) was in existence and lawfully erected prior to the effective date of this section; (2) was in existence and lawfully located and used in accordance with the provisions of any prior ordinances applicable thereto or which was considered legally nonconforming thereunder, and has since been in continuous or regular use; or (3) was used on the premises at the time it was annexed into the City and has since been in regular and continuous use. (See detailed information and restrictions in subsection D(4), Nonconforming Signs.)

Notice

means a notice required by this section shall be sufficient if it is submitted by personal delivery, registered or certified mail with return receipt requested, and/or sending the notice through the United States Postal Service.

Obscene sign

means a sign in which the dominant theme of material taken as a whole appeals to a prurient interest in sex, is patently offensive because it affronts community standards relating to the description or representation of sexual matters and is utterly without redeeming social value.

Off-premises sign

means a sign that advertises, promotes, or pertains to a business, person, organization, activity, event, place, service, product, etc., at a location other than where the sign is located.

On-premises sign

means a sign that advertises, promotes, or pertains to a business, person, organization, activity, event, place, service, product, etc., at the location of which the sign is located.

Outdoor vending machine sign

means a sign located on an outdoor machine, device, or equipment which may include, but is not limited to, coin-operated/electronic payment vending machines, fuel dispensing pumps, telephone facilities, automatic teller machines, automotive vacuum cleaners, amusement rides, propane tank sales, and similar machines, devices, or equipment. (See detailed information and restrictions in subsection E(5)(i), Miscellaneous or Temporary Signs, Outdoor Vending Machine Signs.)

Person

means any individual, firm, partnership, corporation, company, organization, or business entity of any kind.

Pole sign

means a freestanding sign that is detached from a building and is supported by one or more structural elements that are either: (1) architecturally dissimilar to the design of the sign; or (2) less than 1/4 the width of the sign.

Political sign

means a temporary sign announcing or supporting political candidates or issues in connection with a national, state, or local election. (See detailed information and restrictions in subsection E(5)(j), Miscellaneous or Temporary Signs, Political Signs.)

Portable sign

means any sign not permanently attached to the ground or to a building which is designed to be easily transported or conveyed to different locations.

Premises

means a lot, parcel, tract, or plot of land together with the buildings and structures thereon.

Prohibited sign

means signs that do not comply with this or other applicable ordinances and that are otherwise not allowed within City boundaries or in Aubrey's Extraterritorial Jurisdiction (ETJ).

Projecting sign

means a permanent attached sign that is wholly or partially dependent upon a building for support and extends from said building, generally at a right angle. (See detailed information and restrictions in subsection E(1)(c), Permanent Signs allowed in Downtown Area, Projecting Signs.)

Public informational sign

means a sign erected by or at the direction of the City, local, federal or state governments for the purpose of providing instruction, information, or direction to the general public, including, but not limited to, signs identifying a property address, restrooms, handicap parking spaces, reserved parking spaces, freeze warning, no trespassing, no dumping, no loitering, no soliciting, beware of dog warning, water resource information, lock/take and hide, construction entrance and/or exit signage.

Residential subdivision entrance sign (subdivision entry sign)

means a permanent freestanding sign that is supported from grade to the bottom of the sign having or appearing to have a solid and opaque base independent of the individual residential structures and located on a lot owned and maintained by the HOA for the purposes of identifying the main or secondary entrances to a residential community. (See detailed information and restrictions in subsection E(4)(a), Permanent Signs allowed in Residential and Multi-Family Districts, Residential Subdivision Entrance Sign.)

Residential use

means a structure where the primary purpose is to provide a permanent place of residence to an individual or family.

Residential yard sign

means an on-site temporary residential sign used to publicize or announce information at the discretion of the homeowner or tenant of the property such as, but not limited to, home improvement signs, residential real estate signs, or school affiliation signs. (See detailed information and restrictions in subsection E(5)(n), Miscellaneous or Temporary Signs, Residential Yard Signs.)

Revolving sign

means a sign that turns, spins, partially revolves, or completely revolves 360 degrees on an axis.

Right-of-way

means the area on, below, or above a public roadway, highway, street, public sidewalk, waterway, or utility easement in which the City has an interest.

Roof sign

means a sign mounted on and supported by the roof portion of a building, above the uppermost edge of a parapet wall and is supported by the building, or a sign that is painted directly upon the roof or top of a building.

Scoreboard

means a sign located on or adjacent to an athletic field or stadium, which is used to display information pertaining to an event at the field or stadium. (See detailed information and restrictions in subsection E(5)(k), Scoreboards.)

Searchlight

means any use of lighting intended to attract the general public by the waving or moving of light beams.

Section or this section

means these Sign Regulations unless the context otherwise specifically provides.

Sidewalk sign

means a movable sign not secured or attached to the ground or surface upon which it is located. This sign type is typically an A-frame or spring-mounted sign. (See detailed information and restrictions in subsection E(2)(b), Temporary Signs allowed in Downtown Area, Sidewalk Signs and in subsection E(5)(l), Miscellaneous and Temporary Signs, Sidewalk Signs.)

Sign

means any form of publicity or advertising which directs attention to an individual, business, commodity, service, activity, or product by means of words, figures, numerals, emblems, devices, trade names or trademarks, or other pictorial matter that communicates information of any kind to the public.

Sign cabinet

means a wall or freestanding sign that is self-enclosed and contains all the text and/or logo symbols within the enclosed cabinet which may or may not be illuminated. It can be single- or double-faced.

Strip center

means a commercial building comprised of multiple, individual businesses on a single lot where the primary entrance for each tenant is generally accessed from the outside.

Subdivision

means the division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development.

Temporary development sign

means a sign that identifies a real estate project that is under construction.

Temporary sign

means any sign which is not rigidly and permanently installed into or on the ground, attached to a building, or as defined in this section.

Temporary, non-profit sign

means any sign which meets the criteria for a temporary sign within this section but is used by a non-profit agency or entity and placed for a limited duration on the property owned by the non-profit agency or entity. (See detailed information and restrictions in subsection E(5)(h), Miscellaneous or Temporary Signs, Non-Profit Signs.)

Total sign area

means the total area of a sign including the display, framework, and base.

Unified development zone

means a tract of land or a grouping of lots that are considered as one unit, such as a shopping center or a college campus.

Unified sign plan

means a specific and uniform scheme for a unified development zone or a specific geographic area within the City whereby the signage is coordinated by color, type of materials, size, graphics, fonts, and design elements to create a cohesive and attractive.

Vacant building sign

means any sign associated with a vacant building or a vacant lease space, except a sign pertaining to the lease or sale of the building to which it pertains, or a sign which is under lease from an owner or his authorized agent when such sign is maintained by a person operating under his own bond.

Vehicle

means a motorized machine on wheels, treads, or runners by which any person, material, commodity, or property is or may be transported.

Vehicular sign

means a commercial sign painted upon or applied directly to (including magnetic) any truck, car, bus, trailer, boat, recreational vehicle, motorcycle, or other vehicle. (See detailed information and restrictions. (See detailed information and restrictions in subsection E(5)(m), Miscellaneous or Temporary Signs, Vehicular Signs.)

Wall sign

means a permanent sign affixed to or painted on an exterior wall and extending not more than 12 inches from the facade of any building to which it is attached, supported throughout its entire length by the building face. (See detailed information and restrictions in subsection E(1)(d), Permanent Signs allowed in Downtown Area, Wall Signs and in subsection E(3)(g), Permanent Signs, Wall Signs.)

Wayfaring sign

means a specific sign erected or endorsed by the City that is placed to direct citizens and visitors to points of interest within the City. (See detailed information and restrictions in subsection E(1)(e), Permanent Signs allowed in Downtown Area, Wayfaring Signs.)

Wind device

means any pennant flag, streamer, spinner, balloon, feather sign, or similar device made of cloth, canvas, plastic, or any flexible material designed to float or move freely.

Window sign

means a sign affixed to any surface of a window (internal or external) or is located within three feet from the interior window of any establishment. (See detailed information and restrictions in subsection E(1)(f), Permanent Signs allowed in Downtown Area, Window Signs.)

Yard/garage sale

means a sign indicating the date and location of the sale of goods at a residential property and includes yard sales and estate sales. (See detailed information and restrictions in subsection E(5)(o), Miscellaneous or Temporary Signs, Yard Sale Signs.)

Zoning districts

means the various use districts designated in the City's Zoning Ordinance.

Zoning sign

means any temporary sign erected in conjunction with a request to zone or rezone a property in accordance with the City's Zoning Ordinance.

JURISDICTION AND APPLICABILITY.

The terms and conditions of this Section 27, Sign Regulations shall apply to all signs located within both the City of Aubrey and its extraterritorial jurisdiction (ETJ), pursuant to Local Government Code, Chapter 216, as amended. The City Manager shall be responsible for interpreting and administering the provisions of this section as set forth herein.

Signs located on property owned by the City of Aubrey, an independent school district or any other governmental agency are not required to meet the requirements of this section. However, signs located on property owned by the City of Aubrey shall be permitted only upon approval of the City Manager.

ADMINISTRATION.

Permit Required.

Sign Permit Required.

No sign, unless otherwise excepted under this Section 27, Sign Regulations, shall be erected, placed, located, secured, constructed, altered, attached, painted or displayed to/on the ground, any building, and/or any structure, until a permit for such sign has been approved and issued by the City Manager. In no event shall a permit be required for any government/regulatory sign, and a government/regulatory sign may be placed in the public right-of-way.

Application.

An application for a sign permit may be obtained from the City's offices. The City Manager shall approve or deny an application for a sign permit within 30 days of the City's receipt of a completed application. An application shall be complete upon City's receipt of all submittal documents and information outlined in the sign permit application and this section. An application shall provide all information required by this section for the type of sign for which a permit is requested, shall be subject to the criteria based upon the type of sign requested, and shall be subject to the general criteria as set forth below:

A diagram shall be provided showing the location of the sign on the property, all applicable required measurements and dimensions of the proposed sign, as well as any applicable proposed electrical connections.

Engineer sealed plans may be required for a proposed sign as determined necessary in the discretion of the City Manager, upon review of a permit application.

Incorrect, inaccurate, false, or misleading information provided in an application shall be grounds for denial of the proposed permit.

An application shall be eligible for permit issuance if a proposed sign conforms to all City ordinances and the requirements of applicable adopted building codes that may be applicable.

After a sign permit has been issued, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms and conditions of the approved sign permit without prior approval by the City Manager.

Permit Fee.

Every application for a sign permit shall be submitted with a nonrefundable fee as provided in the City's fee schedule. An application will not be accepted without the permit fee paid in full.

Fees for sign permit applications shall be assessed in accordance with the City's currently adopted fee schedule.

Work without a permit. A fee of two times the amount of the permit fee shall be assessed for any work done without or prior to the issuance of a permit.

Inspection.

The City Manager is authorized to perform or direct the performance of an inspection of any and all signs to determine that the sign has been constructed in accordance with and complies with the requirements of this section, all applicable ordinances, and the approved permit. The City Manager shall determine the method and time of such inspections.

Permit Expiration/Extension/Removal.

If the work authorized by a sign permit issued under the provisions of this section has not been completed within 90 days after the date of issuance of a sign permit, the permit shall expire unless extended as provided herein. Additional time for completion of construction may be approved by the City Manager upon receipt of a written request by a permit holder documenting good cause for the delay if such request is received prior to expiration of the 90 day period for construction. If a sign has not received final inspection approval by the City within the 90 day period, or an extension is not approved, the permit holder shall remove all components of the partially constructed sign from premises upon which the sign is located within 10 business days of permit expiration.

Interpretation, Administration and Revocation of Permit.

The City Manager shall be responsible for interpreting and administering these Sign Regulations. The City Manager may suspend or revoke any permit for a sign issued in error, or for which incorrect, misleading, or false information was supplied as part of the permit application, or if a permit is issued in violation of any provision of this section, any other ordinance of the City, or the laws of the state or the federal government. Such revocation shall be effective when communicated as provided in subsection (2)(b). Any sign that is the subject of a revoked permit shall be immediately removed by the person in control of the sign or premises upon which the sign is located, or within a reasonable time as determined by the City Manager. The time for removal shall not exceed 10 business days of the date of the written notice of revocation.

Notice of revocation shall be deemed to have been given by letter sent certified, first-class mail, return receipt requested and addressed to the person to whom the permit is issued, the owner of the sign, or the owner of the premises on which the sign is located at the owner's address as recorded in the appraisal district records of the appraisal district.

The City Manager may revoke a contractor registration issued in error or for those reasons stated herein.

Temporary exemptions: The City Manager shall have the authority to approve temporary exceptions to the sign ordinance as set forth in this section in emergency circumstances and/or in relation to public works project's directional and safety signage.

Public safety protection: Nothing in this section is meant to prevent any public safety agency from setting up and utilizing any type of sign needed on a temporary basis to protect and enhance public safety solely at the discretion such agency or the City.

Prohibited Signs.

The following signs are expressly prohibited:

Abandoned signs;

Merchandise displays, except as authorized by the City's Zoning Ordinance;

Billboard signs;

Graffiti;

Neglected signs;

Balloon and air devices;

Bandit signs;

Human signs;

Portable signs, unless specifically permitted within this section;

Revolving signs;

Mechanical signs;

Pole signs;

Roof signs;

Vacant building signs;

(o)

Wind devices/feather flags, unless used in conjunction with a City-authorized special event, excluding flags and banners as authorized by this section;

(p)

Obscene signs;

(q)

LED, string or similar lighting outlining windows, doors, or other similar building features;

(r)

Searchlights, beacons, or laser lights, unless used in conjunction with a City-authorized special as defined in subsection B, Definitions, of this Code, as amended; and

(s)

Other prohibited signs:

Any sign not referenced in or governed by these Sign Regulations or expressly allowed by City ordinance, state or federal law;

Any sign erected or installed without the issuance of a permit, either prior to or after the adoption of this section (if a permit was required);

Any sign that emits odor or visible matter;

Any billboard sign located, relocated, or upgraded within the corporate limits or extraterritorial jurisdiction of the City;

Any sign erected or installed in or over a public right-of-way or access easement, unless permitted within this section;

Any sign located on private property without the consent of the owner of the premises;

Any sign that does not comply with this or other applicable municipal ordinances, or those which do not comply with federal or state laws;

Any sign supported by a bench, tree, rock, bridge, [or] public utility pole;

Any sign supported by a fence, except as otherwise permitted in this section;

Any floating device(s) anchored to the ground of any vehicle, structure or any other fixed object for the purpose of advertising or attracting attention to a business, commodity, service, sale, or product, except as otherwise permitted in this section;

Any sign placed on any traffic control device or utility support structure or pole, or over public right-of-way or other public property, unless the sign is placed by the City, county, state, or other authorized governmental agency, or with the permission of the City, for public purposes, unless permitted within this section; and

Off-premises signs, unless specifically permitted within this section.

Nonconforming Signs.

Signs legally in existence at the time of the adoption of this Section 27, Sign Regulations, which do not conform to the requirements of this section and/or signs meeting the definition of a nonconforming sign provided in this section, shall be considered nonconforming signs, and may remain in place as provided herein. A sign that is not classified as a nonconforming sign as defined herein shall be classified as an illegal sign.

All permanent signs and sign structures, with the exception of existing pole signs, which are addressed in subsections D(4)(b)(vii) and D(4)(b)(viii), and billboards (currently deemed illegal and nonconforming) and addressed in subsection D(4)(b)(ix) shall be brought into conformance with the sign regulations when and if the following occurs:

The sign is removed, relocated, or significantly altered. Significant alterations include changes in the size or dimension of the sign. Changes to the sign copy or the replacement of a sign face on a nonconforming sign shall not be considered a significant alteration.

If more than 50 percent of the sign area is damaged, it shall be repaired to conform to this section.

An alteration in the structure of sign support.

A change in the mechanical facilities or type of illumination.

A change in the material of the sign face.

If the property where the nonconforming sign is sold with full ownership being transferred, the nonconforming sign shall be brought into conformance with this Code at the time of transfer unless the buyer continues to operate the business under the same name that was on the nonconforming sign at the time of transfer.

Notwithstanding subsection D(3)(l), pole signs existing as of the date of June 26, 2025 which are less than two years old may be maintained for a maximum of seven years, if they otherwise conform to this Section 27 of the Aubrey Code of Ordinances.

Notwithstanding subsection D(3)(l), pole signs existing as of June 26, 2025 which are more than two years old may be maintained for a maximum of five years, if they otherwise conform to this Section 27 of the Aubrey Code of Ordinances.

Notwithstanding subsection D(3)(c), billboard signs existing as of June 26, 2025 may be maintained for a maximum of five years, if they otherwise conform to this Section 27 of the Aubrey Code of Ordinances.

Change to a Conforming Sign.

A Nonconforming Sign may be altered to become or be replaced with a sign that conforms to the requirements of this section. Once a sign is altered to conform or is replaced with a sign that conforms with the requirements of this section, the nonconforming rights for the original sign shall lapse and a nonconforming sign may not be re-established. Unless a sign is prohibited or is an illegal sign as defined herein, proposed changes or modifications to a Nonconforming Sign that are not allowed as provided in this section shall only be allowed with an approved variance utilizing the variance process provided in subsection D(8).

If there is no sign in place on a sign structure or building wall for six continuous months, the nonconforming rights are lost, and a nonconforming sign may not be re-established. If the sign structure is unused for less than six continuous months, a nonconforming sign may be re-established.

A nonconforming sign in the City or its extraterritorial jurisdiction (ETJ) may be relocated, reconstructed, or removed as provided by law including, but not limited to, V.T.C.A., Local Government Code, ch. 216 as it exists or may be amended.

A nonconforming sign or sign structure may be removed temporarily to perform sign maintenance or sign repair. In order to preserve the nonconforming sign status, the person removing the sign must inform the City Manager, in writing, before the sign is removed. If the responsible party fails to inform the City Manager, any re-erected sign shall lose its nonconforming status and will be considered a new sign subject to compliance with all requirements of this section.

Maintenance of Signs/Neglected and Abandoned Signs.

All signs, including nonconforming signs, shall be continuously maintained in a neat condition and appearance. Sign panels and/or sign graphics shall be secured and maintained so that they do not separate from, hang from, or fall from a sign. Sign panels and sign graphics shall not be faded, ripped, or have any other damage. Illuminated signs with all or part of the sign being unilluminated shall be repaired within seven business days of the date of notice.

Abandoned signs and neglected signs shall be considered a public nuisance and are prohibited.

Upon written notification to the permit holder by the City Manager, such abandoned signs shall be removed from the premises and neglected signs shall be repaired or removed from the premises by the property owner, agent, or person having beneficial use of the land, building, or structure upon which sign is located within seven business days of the date of notice.

The notification shall state that the offending sign shall be repaired or removed by the owner, agent, or person having beneficial use of the land, building, or structure upon which such sign is located within seven business days of the date of notice. The notification shall further state that if the sign is not removed or repaired, a citation may be issued and the City may utilize any civil remedy available to remove or repair the sign, up to and including impoundment and placement of a lien on the property to recover costs of repair or removal.

If any sign is determined to present an immediate danger to the health, safety, and general welfare of the public, the City may remove it immediately without providing prior written notice. However, within 10 days of the date of removal of the sign, the City shall notify the owner of the property on which the sign was located of the reason(s) for removal of the sign and may utilize a civil process or place a lien on the property to recover costs. Such notice shall be sufficient if provided in writing to the owner of the premises on which the sign is located at the owner's address as recorded in the appraisal district records of the appraisal district or the person to whom a sign permit has been issued for the sign.

It shall be unlawful for any person, firm, or corporation receiving such written notice to fail to comply with the direction of the notice. In the event of failure to comply with such notice, the City Manager is hereby authorized to cause the removal and impoundment of such sign. Any expenses incident thereto shall be the responsibility of the owner, agent, or person having beneficial use of the land, building, or structure upon which such sign was located.

Removal of Signs in Violation.

Removal/Impoundment of Prohibited Signs.

All prohibited signs, dilapidated signs, or noncompliant signs shall be considered a public nuisance and are prohibited by this section within the City limits and its extraterritorial jurisdiction. Upon identification of any prohibited sign, the City Manager shall provide written notification of the violation to the owner of the property on which the prohibited sign is located and/or the installer of the sign.

The notification shall state that the offending sign shall be removed by the owner, agent or person having beneficial use of the land, building or structure upon which such sign is located within the time period prescribed after written notification to do so.

The notification shall further state that if the prohibited sign is not removed within a specific time frame (not to exceed 10 calendar days) a citation may be issued and the City may resort to any civil remedy available up to and including impoundment.

If any sign is determined to present an immediate danger to public health, safety, or welfare, the City shall remove it immediately.

Within 10 calendar days of the removal of the sign, the City Manager shall notify the owner of the property on which the sign was located of the reason(s) for the removal of the sign.

Signs authorized by a sign permit number with an expiration date shall be removed promptly upon the date of expiration.

Signs remaining after the date of expiration shall be deemed prohibited. The sign permit that provides the expiration date shall be considered adequate notice of violation.

Bandit signs may be removed immediately by the City.

Failure to Comply.

It shall be unlawful for any person receiving such written notification or having an expired sign permit to fail to comply with the direction of the notification. In the event any person fails to comply with such notice provided, the City Manager is hereby authorized to cause the removal and impoundment of such sign. Any expenses incident thereto shall be the responsibility of the owner, agent or person having beneficial use of the land, building or structure upon which such sign was located.

Impounded Signs and Recovery.

Impounded signs may be recovered by the owner within seven calendar days from the date of the written notification of impoundment by paying a fee determined by the City's current fee schedule as approved by the City Council.

Impounded signs not recovered within seven calendar days from the date written notification of impoundment is sent shall be deemed abandoned and may be disposed of by the City in any manner City Manager determines appropriate.

Unified Sign Plan.

A Unified Sign Plan is required prior to the issuance of a sign permit for all signage on properties that are greater than four acres in size and/or have more than six independent businesses located on the overall property. The purpose of the Unified Sign Plan is (i) to provide overall sign locations on a property by identifying the relationship of each sign to surrounding and existing signs and properties; and (ii) to provide uniformity in size, design, colors, and proportions of signs within the development. In addition, the Unified Sign Plan shall be designed to promote a cohesive relationship between current developments and proposed future improvements and to provide for consistency and uniformity among buildings and signs for a commercial development made up of multiple independent businesses and for adjacent residential developments. The Unified Sign Plan purpose is to provide signage so that it identifies commercial establishments in a readable and distinct manner to allow uses to be easily differentiated, and to maintain an uncluttered appearance that provides a pleasing visual environment.

A Unified Sign Plan shall contain the following information:

Elevations of the locations of signs illustrating the materials of construction, colors, lighting, fonts of letters and dimensions of the signs. If the sign is to be attached to a building, the elevation shall be a composite of the sign and the building;

Elevations depicting the size of the signs in relation to the size of the buildings within the development;

A plan drawn to preliminary site plan, or site plan specifications, as detailed in the Zoning Ordinance, as it currently exists or may be amended, of the site illustrating the location of existing and proposed signs on the property and, if required by City staff, on adjacent properties;

Other information to illustrate the consistency and uniformity of the signs; and

For Unified Sign Plans, the sign plan shall identify a unified development zone. Only those properties and businesses included within the unified development zone shall be included/identified on the unified development signs erected within the unified development zone. Prior to City consideration of a unified development zone, all property owners located within a proposed unified development zone must submit notarized letters to the City authorizing the creation of the unified development zone. A lot shall only be included in one unified development zone.

A Unified Sign Plan is required for all commercial use developments in all zoning districts that include six or more independent businesses within the overall development zone or that are located upon land that is greater than four acres in size, whichever is the most restrictive.

A proposed Unified Sign Plan and all individual signs requested within such plan, or as otherwise required in this section, shall be submitted to the development services department for review and approval. The Unified Sign Plan, including individual signs therein, will be reviewed for compliance with this section 27 and in accordance with the City's development review schedule. The Building Official may approve or deny a Unified Sign Plan or approve such plan or individual signs therein with conditions. Should the building official deny a proposed Unified Sign Plan or sign therein, the applicant shall be notified in writing within 10 days of such decision and shall have a right to appeal the decision of the Building Official to the sign board within 10 days of the date of the decision of the Building Official, and thereafter may appeal the decision of the Sign Board to the City Council. Appeals under this section to the Sign Board and City Council shall be in accordance with the procedure and criteria set forth in subsection D(8)(b) hereof.

Waivers and Appeals.

Sign Board.

All waivers and appeals to this section of the Zoning Ordinance shall be presented to the Sign Board. This appointed body shall be made up of the same members as the Board of Adjustment.

Process.

Any person requesting a waiver from the rules and regulations detailed herein shall apply in writing to the Sign Board. The application shall contain the information and plans requested in the waiver specifically identifying the requested variation or relief from the provisions of this section, along with the established application fee required in the City's fee schedule. The application shall include reasons for the requested waiver including any situation or issue that the applicant believes will necessitate the requested variation or relief from the requirements of this section, and the existing regulations to be altered. No public hearing and/or notification of property owners is required for a sign waiver. The burden of demonstrating that the requested waiver meets the requirements of this section shall be on the applicant.

Approval Standards.

When considering a request for a waiver from the requirements of this section 27, the Sign Board shall consider the following criteria when granting a waiver:

Special conditions exist which are unique to the land, structure or building involved and are not applicable to other lands, buildings or structures in the same vicinity. The Sign Board may attach such conditions to granting all or a portion of any waiver necessary to achieve the purpose of this section; and

The strict interpretation of the provisions of this section would deprive the applicant of rights commonly enjoyed by other properties in the vicinity under the terms of this section; and

The special conditions and circumstances necessitating the request for waiver do not result from the actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconveniences; and

Granting the waiver will meet the objectives of the section and not be injurious to the adjoining property owners or otherwise detrimental to the public welfare; and

Granting of the waiver will be in harmony with the spirit and purpose of this section, the Zoning Ordinance and the Comprehensive Plan of the City.

Approval by the Sign Board.

In its sole discretion, the Sign Board shall have the authority to waive or amend certain regulations if it deems the change to be in the best interest of the City of Aubrey.

Appeal.

If the Sign Board denies the application for a waiver, the applicant may appeal to the City Council, which will have the final authority. In its sole discretion, the City Council shall have the authority to grant a waiver or amend certain regulations if it deems the change to be in the best interest of the City of Aubrey.

Limitation on Reapplications.

When the City Council has denied an application for waiver under this section, no new applications for the same request or for a request of a similar nature shall be accepted or scheduled for consideration by the City Council for a period of 12 months after the date of such City Council denial. Applications that have been withdrawn at or before the meeting date at which an application is posted for consideration by the Sign Board, and appeals of Sign Board decisions that have been withdrawn at or before the meeting date at which an appeal is posted for consideration by the City Council may be resubmitted at any time for consideration before the Sign Board and/or City Council.

Penalty for Violation of Section 27, Sign Regulations.

Penalty for Violation.

Any person, as defined herein, who violates any one or more of the provisions of this section or causes or permits the violation of any one or more provisions of this section shall be guilty of a Class C Misdemeanor upon conviction, and shall be subject to a fine not to exceed the maximum fine of $500.00 or $2,000.00 as applicable and allowed by state law. A separate offense shall be deemed committed upon each day or part of a day during or on which a violation occurs or continues.

Presumption of Ownership.

There shall be a rebuttable presumption that a person is responsible for a violation of this section if the person is:

The permit holder for the sign; or

The owner, operator, agent, employee, or manager of an entity or business that is identified on or endorsed or promoted by the Sign, or if the Sign identifies a phone number or email, physical or other social media address for such person or a person who is listed or otherwise identified on the sign as responsible for the sign or the purpose being advertised.

Presumption Rebuttable.

The presumption established by subsection (9)(b) may be rebutted if the person provides the full name, date of birth, physical and mailing address, and telephone number or numbers for the person who is determined to be responsible for the violation.

Sign Measurement.

Area.

The area of a sign shall be measured as follows:

For signs in the shape of a square, rectangle, circle, or similar standard geometric shape, the area shall be calculated by using the standard mathematical formula (height multiplied by width, 3.14 multiplied by radius squared, etc.) of the effective sign area.

For signs with an irregular shape, the area shall be measured by enclosing the sign elements with intersecting lines and using the standard mathematical formula (height multiplied by width). This method of measurement shall be used for wall sign with individually mounted letters.

The area of a spherical, cylindrical, or other three-dimensional sign shall be measured by calculating the area of a two-dimensional drawing of the largest elevation of the sign.

Where a sign has two faces, the area of the largest sign face shall be used to determine the area of the sign provided the two faces are within 30 degrees from parallel. Where a sign has two or more faces that are greater than 30 degrees from parallel, the sign area shall either be calculated as the sum of the area of each face, or the sign will constitute two signs (a V-shaped sign).

Letters forming a word or name shall be considered a single sign, regardless of the spacing between letters.

Height.

The height of all signs shall be measured from the top edge of the sign and/or support structure to the average finished grade of the ground below the sign and/or support structure. If a sign is located on a mound, berm, or other raised area for the sole purpose of increasing the height of the sign, the height of the mound, berm, or other raised area shall be included in the height of the sign. The supports of a freestanding sign shall not be included in calculating the area of the sign but shall be included in the measurement of the height of the sign.

Criteria for Permissible Signs.

The following signs are allowed, subject to compliance with the conditions and the specifications provided in this section. Signs that do not comply with the following conditions and specifications or are not specifically authorized within this section are considered to be an illegal sign and shall be prohibited. It shall be unlawful for a person to erect, allow, maintain, or cause to be erected an illegal sign.

APPROVED SIGNS.

Permanent Signs Allowed in Proposed Downtown Area.

Awning Signs.

(i) Location	Permitted in conjunction with non-residential uses or in a residential zoning district for apartment uses for which a building permit and/or certificate of occupancy has been issued. The supporting structure may not extend into or over the street right-of-way. Signs shall be securely attached to the elevation of the awning, and may not swing, sway, or move in any manner.
(ii) Maximum Effective Sign Area	10 percent of the total area of the awning.
(iii) Minimum Clearance	9 feet in height above sidewalk or walkway.
(iv) Design	Canvas, metal, wood, or other material approved by the City Manager. Minimum height for text or graphic elements shall be 6 inches. The awning shall be secured to the building and may not move in any manner. An awning requires the issuance of a building permit prior to installation, unless approved with the initial building permit.
(v) Dimensions	Maximum width of awning: 75 percent of building width Maximum height of message: 12 inches
(vi) Permit Required	Yes.

Murals.

(i) Location	Shall be tiled or painted directly upon or affixed to the exterior wall of the building. Must have written permission of the property owner at the time of permit application. May be up to 100 percent of the building elevation on which it is located. Text and symbols are limited to 10 percent of the size of the entire mural.
(ii) Maintenance	It is the intent of the City to maintain the historic murals in downtown Aubrey. To that end, mural signs shall be kept in good repair, free from excessive paint chipping, peeling, or fading. Mural signs found not to be in good repair must be repaired within 90 days from the date upon which the property owner receives a written order from the building official to repair the mural sign. Should the mural sign not be repaired within 90 days of notice by the City, the City reserves the right to repair and/or repaint the mural sign. If the City repairs and/or repaints the mural sign, the property owner will be charged the cost of the repair and/or repainting. If payment of the cost of the repair and/or repainting has not been paid within 60 days, the City may place a lien against the property in the amount of the charge for the repair and/or repainting.
(iii) Illumination	Mural signs may be illuminated by external lighting cast onto the mural sign provided that: The brightness and intensity shall not be greater than necessary to make the mural visible; and Lighting shall be shielded from all adjacent buildings and streets; and The lighting shall not create excessive glare to pedestrians and/or motorists and will not obstruct traffic control or any other public informational signs.
(iv) Permit Required	Yes, location must be approved by the City Manager.
(v) Permit Stipulation	Mural signs may not be used to advertise products or services offered or sold off-location or on-site.

Projecting Signs.

(i) Location	Permitted in conjunction with non-residential uses for which a building permit and/or certificate of occupancy has been issued. May project into right-of-way (with City Council approval of an encroachment agreement) but shall be located a minimum of three feet from back of curb of any adjacent street or drive. May be erected on a building corner when the building corner adjoins the intersection of two streets. No portion shall extend above the roof line, a parapet wall, or the eave line.
(ii) Maximum Total Sign Area	The surface area of the sign where text and graphics are displayed shall not exceed a maximum of 10 percent of the area of the building elevation to which it is attached.
(iii) Minimum Clearance	9 feet above sidewalk or walkway. Requires Fire Department review and approval.
(iv) Maximum Number of Signs	One per tenant per elevation.
(v) Design	Shall not extend above a building wall. May extend no more than three feet from the facade of a building.
(vi) Support	Shall be supported from the side edge of the sign in an approved manner.
(vii) Permit Required	Yes.

Wall Signs.

(i) Location	Permitted in conjunction with non-residential uses for which a building permit and/or certificate of occupancy has been issued. Shall not be allowed on accessory structures. Shall not be allowed on any facade (other than the main front of the building) that faces property zoned for single-family uses if the sign is within 150 feet of the property line of said residential property. Tenant within a strip center. Signage shall be restricted to the facade of the applicable tenant space on the building.
(ii) Maximum Effective Sign Area	The total of all effective sign area on each facade, shall not exceed 60 square feet or 20 percent of the facade, whichever is greater. In no instance shall a wall sign exceed the maximum height limitations noted in subsection (iii) below. Tenant within a strip center. Shall be measured by the size of the front facade of the applicable tenant space.
(iii) Maximum Height	Height of sign is based on the height of the building: Less than 20 feet: Four feet 20 feet to less than 30 feet: Six feet 30 feet to less than 40 feet: Eight feet 40 feet to less than 50 feet: 10 feet 50 feet or greater: 12 feet
(iv) Minimum Clearance	9 feet above sidewalk, walkway, or street. If sign is painted on the wall, there is no minimum clearance.
(v) Maximum Number of Signs	Unlimited, however, the individual sign heights may not exceed what is allowed in subsection (iii) above, and the total combined area cannot exceed what is allowed in subsection (ii) above. Signage for a multi-tenant building with a single entry, shall be limited to a maximum of two signs per elevation of appropriate scale and size identifying the major tenant or name of building.
(vi) Design	When projections on the wall face prevent the placement of the sign flat against the wall face, the space between the back of the sign and the wall shall be closed at the top, bottom, and ends with incombustible materials. In no case shall an attached sign project above the roof line or parapet wall of any building.
(vii) Permitting Stipulation	Signage for a multi-tenant building with a single entry. Shall be required to provide a letter from the owner of the building authorizing placement of sign and location at permit submittal.
(viii) Permit Required	Yes. A sign reface requires a separate permit.

Wayfaring Signs.

(i) Location	May be located on private property that is adjacent to public rights-of-way (with written permission from the property owner). May be located within the parkway of public rights-of-way (with permission from the state or county, as appropriate).
(ii) Manner	The number and location of wayfaring signs shall be determined by the City Manager. The cost of production, installation, maintenance, and relocation or removal of the wayfaring signs shall be the responsibility of the permittee, or, if located on private property, the permittee and the property owner shall have joint and several liability.
(iii) Maximum Height	10 feet
(iv) Maximum Width	6 feet
(v) Color/Theme	Wayfaring Signs shall incorporate logo/artwork approved by City Council.
(vi) Permit Required	The City may place or contract for placement of wayfaring signs, and as the permitting authority, a permit shall not be required for City installed wayfaring signs; however, City may require a third-party contractor to obtain a permit for wayfaring signs and pay applicable fees.

Window Signs.

(i) Location	Shall be affixed to any surface of a window (interior or exterior) or within three feet of the interior window glazing.
(ii) Maximum Total Sign Area	Window signs are exempt from the provisions of this section, provided that not more than 30 percent of the transparent window area is occupied at any one time, regardless of whether the sign covers a single pane or multiple panes.
(iii) Exceptions	Addresses, open/closed signs, hours of operation, and window signs required by City ordinances are exempt from meeting the maximum sign area criteria required in this section of the ordinance.
(iv) Permit Required	No. Window signs shall comply with all conditions and specifications listed above and other applicable provisions herein.

Temporary Signs Allowed in Proposed Downtown Area.

Banner Signs (Temporary).

(i) Location	Permitted in conjunction with non-residential uses for which a building permit and/or certificate of occupancy has been issued. Shall not face a residential neighborhood unless separated by a major or minor thoroughfare.
(ii) Maximum Total Sign Area	All four corners shall be securely attached to the front, side, or rear surfaces of a building excluding banners located on public school property or church property, which may be affixed to a freestanding support. May not be used as the primary signage for a business.
(iii) Maximum Total Sign Area	35 square feet.
(iv) Minimum Clearance	Nine feet in height above sidewalk or walkway when installed in a location that may restrict pedestrian travel.
(v) Maximum Number of Signs	One at any given time for any given business.
(vi) Maximum Number of Occurrences/Year	Three two-week periods per business per calendar year that shall not be consecutive.
(vii) Exceptions	A business is permitted to have one banner sign prior to the receipt of a certificate of occupancy. A permit shall be allowed for a period not to exceed 14 days for grand openings. A banner signed approved for a grand opening shall not be counted against the allowed time frames provided in this section. Banner signs are allowed with a special event permit for 14 days prior to the event and two days after the event is over. Religious organizations that operate in a school or other temporary facility may place a banner during times of worship. The banner cannot be placed earlier than 24 hours prior to worship and shall be removed no later than two hours after worship. The banner shall not count against the businesses' annual allowance.
(viii) Duration	Each permit is valid for a two-week period.
(ix) Removal	Shall be removed on the day of the expiration of the permit. Special event banner, within 24 hours after the event.
(x) Permit Required	Yes.

Sidewalk Sign (Temporary).

(i) Location	A sidewalk sign may be located on any downtown sidewalk so long as the sign does not obstruct vehicular, bicycle, or pedestrian traffic. Must comply with ADA clearance and accessibility.
(ii) Maximum Effective Sign Area	A sidewalk sign must be no more than 42" tall and 36" wide. The sign face must be no more than six square feet in area.
(iii) Maximum Number of Signs	There may be no more than one sidewalk sign per tenant, generally located adjacent to the primary facade in front of the business and shall not obstruct ingress and egress to a building or upon a sidewalk or roadway.
(iv) Design	No illumination is permitted.
(v) Duration	The sign must be removed and placed indoors at the close of each business day.
(vi) Permit Required	Yes, but there is no fee for this sidewalk signs.

Permanent Signs Allowed in All Other Non-Residential Districts and the ETJ.

In addition to the signs listed in subsection E(1), the following signs are allowed in all other non-residential zoning districts and the City's extraterritorial jurisdiction (ETJ).

Canopy Signs.

(i) Location	Permitted in conjunction with non-residential uses for which a building permit and/or certificate of occupancy has been issued. Shall be attached to the face of the canopy band that is parallel to a public street.
(ii) Maximum Effective Sign Area	10 percent of the area of the building elevation to which it is attached.
(iii) Maximum Number of Signs	One canopy sign per public street frontage.
(iv) Design	Shall only contain the name and/or logo of the company at the location. Pricing and/or sale specials are prohibited. Must not extend outside the overall length or width of the canopy, however, may extend above or below the canopy provided the clear height is met.
(v) Permit Required	Yes.

Cantilevered Ground Signs.

(i) Location	Permitted in conjunction with commercial uses for which a building permit and/or certificate of occupancy has been issued. Intended primarily for small-scale businesses. Must be placed a minimum of five feet from the front building line.
(ii) Maximum Effective Sign Area	8 square feet
(iii) Maximum Number of Signs	One, to be located on the main entrance side of the building.
(iv) Design	Shall only contain the name and/or logo of the company. Pricing and/or sale specials are prohibited. May not be internally illuminated or backlit.
(v) Permit Required	Yes.

Crown Signs.

(i) Location	Permitted in conjunction with commercial uses for which a building permit and/or certificate of occupancy has been issued. Shall be located on the primary building facade and located on the upper horizontal band of the building that is a minimum of 55 feet in height and four stories. Must be located so as not to cover windows or architectural details.
(ii) Maximum Effective Sign Area	Three percent of the area of the facade to which it is attached.
(iii) Maximum Number of Signs	One, to be located on the main entrance side of the building.
(iv) Design	Shall only contain the name and/or logo of the company at the location. Pricing and/or sale specials are prohibited. May be internally illuminated or backlit.
(v) Permit Required	Yes.

Drive-Through Order Signs.

(i) Location	Permitted in for retail trade or services uses providing drive-through and drive-up facilities which shall be designed and operated to effectively mitigate problems of congestion, excessive pavement, litter, noise, traffic, and unsightliness.
(ii) Maximum Effective Sign Area	40 square feet, each preview/order board. A carhop and/or walk-up menu board shall not exceed 10 square feet in area.
(iii) Maximum Signs Height	Eight feet, unless constructed as part of a rain/shade barrier. A maximum distance off ground shall be 12 inches.
(iv) Maximum Number of Signs	One preview board and one order board shall be permitted for each drive-through/drive-up lane.
(v) Design	Each drive-through and drive-up access aisle for restaurants shall provide sufficient space before the menu board to accommodate at least four waiting vehicles and at least four waiting vehicles between the menu board and the drive-up window. The sign board may modify this standard based on specific site characteristics pursuant to subsection D(8), Waivers and Appeals.
(vi) Permit Required	Yes.

Monument Signs (Multiple Tenant).

(i) Location	Permitted in conjunction with multiple non-residential uses established on one lot for which a building permit and/or certificate of occupancy has been issued. Minimum 15-foot setback from all property lines.
(ii) Maximum Total Sign Area	Multi-tenant monument sign adjacent to US Hwy 377: 150 square feet Other multi-tenant monument sign: 96 square feet
(iii) Minimum Base Height	12 inches
(iv) Maximum Height	Multi-tenant monument sign: 20 feet for commercial centers greater than 100,000 square feet. Multi-tenant monument sign: 15 feet for commercial centers equal to or less than 100,000 square feet. Multi-tenant monument sign adjacent to US Hwy 377: 25 feet. If one or more of the above maximum height calculations conflicts, the lesser height of the two regulations applies.
(v) Maximum Number of Signs per Street Frontage	One per 400 feet of street frontage per lot.
(vi) Minimum Spacing between Signs	The distance required between any two multi-tenant monument signs is 200 feet.
(vii) Design	Shall be constructed of the same primary masonry materials as the front building facade of the principal building on the same lot and shall be of similar architectural style. Monument signs shall be consistent with the building elements and materials of development. Blank panels shall be installed on monument signs where tenant panels are absent (see illustrations, above).
(viii) Removal	Model home monument sign: Shall be removed prior to final inspection of home when model is transitioned to a single-family dwelling or upon removal of sales trailer from same lot.
(ix) Unified Sign Plan Required	See subsection D(7) for more details on the requirements of the Unified Sign Plan for multi-tenant monument signs and coordination of wall signs within a shopping center.
(x) Permit Required	Yes. A sign reface requires a separate permit.

Monument Signs (Single Tenant)

(i) Location	Single tenant monument sign: Permitted in conjunction with non-residential uses or on a lot containing a multi-family use for which a building permit and/or certificate of occupancy has been issued. Single tenant/multi-tenant monument sign: Minimum 15-foot setback from all property lines.
(ii) Maximum Total Sign Area	Single tenant monument sign adjacent to US Hwy 377: 100 square feet. Other single tenant monument signs: 64 square feet.
(iii) Minimum Base Height	12 inches.
(iv) Maximum Height	Single tenant monument sign adjacent to US Hwy 377: 10 feet. Other single tenant monument sign: Eight feet.
(v) Maximum Number of Signs	Single tenant monument sign: One per lot.
(vi) Minimum Spacing Between Signs	The distance required between any two single tenant monument signs on adjacent properties is 75 feet.
(vii) Design	Shall be constructed of the same primary masonry materials as the front building facade of the principal building on the same lot and shall be of similar architectural style. Monument signs shall be consistent with the building elements and materials of development.
(viii) Permit Required	Yes.

Wall Signs.

(i) Location	Permitted in conjunction with non-residential uses for which a building permit and/or certificate of occupancy has been issued. Shall not be allowed on any facade (other than the main front of the building) that faces property zoned single-family uses if the sign is within 150 feet of the property line of said residential property. Tenant within a strip center: Signage shall be restricted to the facade of the tenant space on the building and is subject to a Unified Sign Plan.
(ii) Maximum Effective Sign Area	The total of all effective sign area on each facade, shall not exceed 60 square feet or 20 percent of the facade, whichever is greater. In no instance shall a wall sign exceed the maximum height limitations noted in subsection (iii) below. Tenant within a strip center: Shall be measured by the size of the facade of the tenant space.
(iii) Maximum Height	Height of sign is based on the height of the building: Less than 20 feet: four feet 20 feet to less than 30 feet: Six feet 30 feet to less than 40 feet: Eight feet 40 feet to less than 50 feet: 10 feet 50 feet or greater: 12 feet
(iv) Minimum Clearance	9 feet above sidewalk, walkway, or street. If sign is painted on the wall, there is no minimum clearance.
(v) Maximum Number of Signs	Unlimited, however, the Individual sign heights may not exceed what is allowed in subsection (iii) above and the total combined area cannot exceed what is allowed in subsection (ii) above. Signage for a multi-tenant building with a single entry: shall be limited to a maximum of two signs per elevation of appropriate scale and size Identifying the major tenant or name of building.
(vi) Design	When projections on the wall face prevent the placement of the sign flat against the wall face, the space between the back of the sign and the wall shall be closed at the top, bottom, and ends with incombustible materials. In no case shall an attached sign project above the roof line or parapet wall of any building.
(vii) Permitting Stipulation	Signage for a multi-tenant building with a single entry: Shall be required to provide a letter from the owner of the building authorizing placement of sign and location at permit submittal.
(viii) Permit Required	Yes. A sign reface requires a separate permit.

Permanent Signs Allowed in Residential and Multi-Family Districts and the ETJ (Other Than the Proposed Downtown Area).

In addition to the signs listed in subsection E(1), the following signs are allowed in all other residential and multi-family zoning districts and the City's extraterritorial jurisdiction (ETJ), as indicated.

Residential Subdivision Entrance Sign.

(i) Location	Main entrance sign should be placed in HOA-owned median providing a divided entryway into the community.
(ii) Maximum Total Sign Area	Residential subdivision monument signs: 200 square feet.
(iii) Minimum Base Height	12 inches.
(iv) Maximum Height	Residential subdivision monument sign: 12 feet.
(v) Maximum Number of Signs	One required at main entrance. Additional smaller entrance signs may be permitted at other entrances.
(vi) Design	Shall be constructed of the masonry materials or a combination of similar materials to complement the community's architectural style.
(vii) Lighting	Ground lighting where the light itself and supporting structure are not visible from public right-of-way is allowed. All lighting shall comply with the currently adopted National Electrical Code. Any electrical work that requires an addition or extension of circuits shall require a separate permit.
(viii) Permit Required	Yes.
(ix) Other Requirements	No such signage will be allowed in the right-of-way. Structures enhancing associated signage may be permitted in the right-of-way upon City Council approval of an encroachment agreement or license and Fire Department review and approval of clearance provisions.

Miscellaneous or Temporary Signs Allowed in All Districts and the ETJ, as Indicated.

In addition to the signs listed in subsection E(1), the following miscellaneous and/or temporary signs are allowed in all non-residential zoning districts other than the Proposed Downtown Area.

Builder Promotional Signs (Miscellaneous Sign).

(i) Location	Any zoning district outside the Proposed Downtown Area Shall be located on private property that is adjacent to public rights-of-way. May be located within the parkway of public (i.e. state, county, City) rights-of-way (with permission from the entity, as appropriate). Placement of builder promotional signs are subject to TxDOT approval.
(ii) Manner	Signs are permitted at a minimum spacing of 200 feet along a right-of-way and may not be located within 100 feet of a street intersection. The cost of production, installation, maintenance, and relocation or removal of the builder development signs shall be the responsibility of the permittee, or, if located on private property, the permittee and the property owner shall have joint and severable liability.
(iii) Maximum Height	10 feet.
(iv) Maximum Width	4 feet.
(v) Maximum Number of Signs	The maximum number of signs is based on length of roadway frontage.
(vi) Permit Required	Yes
(vii) Site Plan Required	Yes
(viii) Duration	Shall be removed prior to the issuance of 90 percent of the home building permits for a subdivision on the property.

Changeable Electronic Message/Reader Board Sign (Miscellaneous Sign)

(i) Location	Changeable electronic reader boards shall be allowed on all permitted monument signs except in the Proposed Downtown Area
(ii) Maximum Area	Electronic reader board may utilize no more than 50 percent of the effective sign area.
(iii) Lighting Restrictions	Changeable electronic reader boards shall come equipped with automatic dimming technology which adjusts the sign's brightness based on ambient light.
(iv) Message/Transitions	One sign per premises shall be allowed as a changeable message sign. Frame duration shall not be less than 10 seconds and shall occur simultaneously on the entire electronic sign face. Message transition shall not be greater than one second. Frame effects such as flashing shall be prohibited. May not be used to display commercial messages relating to products or services that are not offered on-premises. May include time and temperature.
(v) Permit Required	Yes.

Construction Signs (Temporary Sign).

(i) Location	Any zoning district outside the Proposed Downtown Area. Permitted in conjunction with a construction project. Shall be set on premises out of the right-of-way.
(ii) Maximum Effective Sign Area	Sites under 10 acres: Maximum size is 36 square feet. Sites over 10 acres: Maximum size is 64 square feet.
(iii) Maximum Height	12 feet measured from the ground (including posts).
(iv) Maximum Number of Signs	One per major street thoroughfare per property. When a property has more than one major thoroughfare, one sign may be placed along each major thoroughfare.
(v) Minimum Spacing Between Signs	A property with more than 200 feet of major thoroughfare frontage is entitled to place one additional temporary construction fence sign with a minimum separation of 200 feet between each temporary construction fence sign.
(vi) Removal	Shall be removed prior to the issuance of a certificate of occupancy for the building on the property or the completion of construction. Where the property has multiple buildings with outstanding building permits, the temporary construction fence sign must be removed upon the earlier of: The expiration or termination of all such outstanding building permits, or Prior to the issuance of a certificate of occupancy for the last such building on the property.
(vii) Permit Required	Yes

Development Signs.

(i) Location	Permitted in any zoning district. Shall be located on-site. Shall be setback a minimum of 15 feet from the front property line
(ii) Maximum Effective Sign Area	64 square feet
(iii) Maximum Height	12 feet
(iv) Design	The supporting structure shall be constructed of metal, wood, plastic, or wood-plastic composite
(v) Lighting	No illumination allowed
(vi) Maximum Number of Signs	One sign shall be permitted adjacent to each street frontage of the property
(vii) Duration	Non-residential property shall be removed prior to the issuance of a certificate of occupancy on the property.
(viii) Permit Required	Yes
(ix) Permitting Stipulation	Permit renewal is required every two years in order to verify duration criteria, property ownership, and maintenance of sign. Permit fee is only required at initial issuance. Failure to renew permit shall result in non-conforming sign status.

Flags (Miscellaneous Sign).

(i) Location	Allowed in any zoning district. Shall be located on private real property with the consent of the property owner. No flag shall be placed in or encroach over or onto any public right-of-way or median and shall not be attached to fences or trees. Residential: Shall be placed in ground in the front or rear yard of the lot or attached to the primary structure. Flags may not be attached to a fence.
(ii) Maximum Total Area	Residential: 60 square feet. Non-residential: 100 square feet.
(iii) Maximum Height	Residential: 30 feet. Non-residential: 50 feet.
(iv) Maximum Number of Flags per Lot	Residential: Three. Non-residential: Three
(v) Support	Flagpoles over 20 feet in height require a professional contractor to install.
(vi) Permit Required	No, but shall comply with the above conditions and specifications listed above.

Incidental Signs - (Miscellaneous Sign)

(i) Location	Allowed in any non-residential zoning district. Shall be on-premises. Minimum 20-foot setback from front property line. Shall be attached to the ground. Includes institutional uses.
(ii) Maximum Effective Sign Area	8 square feet
(iii) Minimum Base Size	12 inches
(iv) Maximum Height	4 feet
(v) Maximum Number of Signs	Two per acre per lot
(vi) Minimum Spacing between Signs	50 feet
(vii) Design	The design, materials, and finish of the base shall match those of the front building facade of the primary structure on the same lot.
(viii) Permit Required	No, but shall comply with the above conditions and specifications listed above.
(ix) Fees	No

Inflatable Signs (Temporary Sign)

(i) Location	Any zoning district outside the Proposed Downtown Area. Permitted for grand openings and for holidays and festivals. Shall not be located within required parking spaces, driveways that provide access to parking spaces, or fire lanes, nor shall the sign or its securing devices encroach into the right-of-way
	Shall be secured directly to the ground. Shall not be placed on a roof or suspended from a building.
(ii) Maximum Effective Sign Area	48 square feet
(iii) Maximum Height	30 feet
(iv) Maximum Number of Signs	One per premises per event
(v) Timeframe	Grand openings: Once for each separate certificate of occupancy (CO). Maximum for 15 consecutive days. Must be removed within two days after the scheduled event. City approved special event: Maximum for 10 consecutive days. Must be removed within two days after the scheduled event.
(vi) Permit Required	Yes

Non-Profit Signs (Temporary).

(i) Location	Allowed in any zoning district. Shall be located only on private property that is owned by and utilized for a non-profit purpose. Temporary signs referenced in this section prohibit bandit signs in any location.
(ii) Maximum Effective Sign Area	20 square feet
(iii) Maximum Height	6 feet
(iv) Maximum Number of Signs	As allowed by the City Manager
(v) Duration	May be placed up to 72 hours in advance of an event and removed within 24 hours following the event. In no case shall the temporary sign be displayed on a continuous basis.
(vi) Permit Required	No

Outdoor Vending Machine Signs (Miscellaneous Sign).

(i) Location	Allowed in any zoning district. Shall not obstruct pedestrian or vehicular traffic. Shall be directly attached to a vending machine or gasoline pump. Shall be flat and shall not project from the vending machine or gasoline pump. May be displayed 24 hours each day.
(ii) Lighting	All lighting shall comply with the currently adopted National Electrical Code. Any electrical work that requires an addition or extension of circuits shall require a separate permit.
(iii) Permit Required	No, but shall comply with the above conditions and specifications listed above.

(j)

Political Signs (Temporary Sign)

(i) Location and State Statutes	Allowed in any zoning district. Texas state law provides certain restrictions on political signage at polling places as well as on private real property. The City hereby incorporates applicable provisions of such state law into this section. V.T.C.A., Local Government Code, § 216.903, as amended.
	State law authorizes the placement of signs that contain primarily a political message on private real property with the consent of the property owner, subject to the following: ○ Shall not have an area greater than 36 square feet; ○ Shall not be more than eight feet in height; ○ Shall not be illuminated; or ○ Shall not have any moving elements. Signs are not permitted on City property or within any right-of-way, except as required by V.T.C.A., Election Code, §§ 61.003 or 85.036, both as amended. Signs shall only be located on private property with the consent of the property owner no closer than 10 feet from the edge of the street pavement.
(ii) Duration	Shall be removed within 10 days after the election day. In the case of a run-off election, signs advertising those candidates who are in the run-off election may be continued to be displayed during the interim period but must be removed within 10 days after the run-off election.
(iii) Permit Required	No, but must comply with the above conditions.

(k)

Scoreboards.

(i) Location	Allowed in any zoning district that allows an athletic field or stadium. Shall be constructed within the limits of and be oriented into the athletic field or stadium.
(ii) Design/Electronics	Changeable electronic message/reader board component allowed
(iii) Permit Required	Yes

(l)

Sidewalk Signs (Miscellaneous Sign)

(i) Location	Allowed in any non-residential zoning district. Shall be located a minimum of three feet back from the curb or any adjacent street, drive, or parking lot. Shall be located within 10 feet of the business entrance. Shall not be placed in public right-of-way.
(ii) Maximum Height	4 feet
(iii) Maximum Width	3 feet
(iv) Minimum Clearance	If placed on or adjacent to a sidewalk or walkway (that is not in a public right-of-way), an unobstructed pedestrian clearance of at least four feet in width shall be provided adjacent to the sign.
(v) Maximum Number of Signs	One per business
(vi) Minimum Spacing Between Signs	30 feet
(vii) Illumination	Shall not be illuminated.
(viii) Timeframe	May be placed on properties during business hours only
(ix) Permit Required	No, but shall comply with the above conditions and specifications listed above

(m)

Vehicular Signs.

(i) Location	Allowed in any zoning district outside the Proposed Downtown Area or any residential district. During periods of inactivity, such vehicle with prominent signage may not be parked in the parking lot or placed in such a manner that the sign is readily visible from adjacent public rights-of-way and is primarily being used as a sign.
	Such vehicles may not be parked in the parking bay immediately adjacent to the street frontage. Vehicles with prominent signage are in violation only if the vehicle is parked in a manner that the signage on the vehicle is acting as a sign for an extended period of time and where it is visible from the street. All vehicles parked on a public street and/or a commercial parking lot must be operable, currently registered, and actively used in the daily function of the business to which such signs relate or for transporting employees to and from the premises. "For Sale" signs placed in or on vehicles when the vehicle is parked or placed in a manner that the sign is readily visible from adjacent public rights-of-way are prohibited with the exception that one vehicle containing a "For Sale" sign parked or placed at an approved parking space associated with a single-family, two-family, townhome, or multi-family dwelling unit is allowed.
(ii) Permit Required	No, but shall comply with the above conditions and specifications

(n)

Residential [Yard] Signs.

(i) Location	Any residential zoning district. Permitted on a lot containing a single-family, two-family dwelling or multi-family dwelling. Also permitted on a residentially zoned lot owned by a HOA or property owners' association.
	Shall be located only on private property with the consent of the property owner. Shall not be placed closer than ten feet from the edge of the street pavement.
(ii) Maximum Effective Sign Area	4 square feet
(iii) Maximum Height	3 feet
(iv) Maximum Number of Signs	2 per lot
(v) Permit Required	No, but shall comply with the conditions and specifications listed above

(o)

Yard/Garage Sale Signs.

(i) Location	Allowed in any zoning district. Shall be located on private property with the consent of the property owner. Shall not be permitted in the right-of-way, public property, or utility pole
(ii) Sign Type	Maximum size 24 x 30 inches
(iii) Timeframe	The signs shall not be displayed for more than 72 consecutive hours and shall be removed by 8:00 a.m. on the day following the conclusion of the garage sale.
(iv) Confiscation	Signs in violation of this section may be confiscated and destroyed without notice by the City.
(v) Permit Required	Yes. A permit is required for each garage sale. There is no fee for the permit. A maximum of two permits for a maximum of three days shall be issued per property per calendar year.

(Ordinance 429-10, sec. 2.02, adopted 2/23/10; Ordinance 477-12 adopted 8/27/12; Ordinance 505-13 adopted 6/18/13; Ordinance 551-15 adopted 2/17/15; Ordinance 914-25 adopted 6/26/2025)

§ 28 AMENDMENTS.

GENERAL.

The zoning regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified or repealed. Such amendments, supplements, changes, modification, or repeal shall be deemed to amend, supplement, change, modify, or repeal the community plan of the City and shall become a part of such community plan. The Planning and Zoning Commission and its composition and duties are established by the City Council of Aubrey.

AMENDMENT INITIATION.

An amendment to this Ordinance may be initiated by:

City Council on its own motion;

Planning and Zoning Commission;

Request by owner or agency of owner of property to be changed.

PROCEDURE.

All requests for amendments to zoning district boundaries shall be submitted, together with required fees to the administrative official, which officer shall cause notices to be sent and the petition placed on the Planning and Zoning Commission agenda.

The City Council may not enact any proposed amendment until the Planning and Zoning Commission makes its final report to the City Council. The City Council may refer proposed amendments to the Planning and Zoning Commission for recommendation. Requests for changes in zoning districts shall include the proposed designation or designations for the area concerned. Alternative proposals may be made at the time of filing the original request for amendment; however, all hearings and deliberations shall be limited to the request as submitted by the applicant at the time of original filing.

PUBLIC HEARING AND NOTICE.

Prior to making its report to the City Council, the Planning and Zoning Commission shall hold one (1) public hearing thereon. Written notice of all public hearings on proposed changes in district boundaries shall be sent not less than ten (10) days before such hearing is held to all owners of property which is located within the area proposed to be changed, within two hundred (200) feet of such property or within two hundred (200) feet of any other adjacent property under the same ownership as the tract to be rezoned. Measurements shall be taken exclusive of public streets. Such notice may be served by using the last known address as listed on the City tax roll and depositing the notice, postage paid, in the United States Mail. No notice of hearings before the Planning and Zoning Commission on proposed changes in zoning regulations need be given except as may be required by state law.

COMMISSION REPORT.

The Planning and Zoning Commission, after the public hearing is closed, shall vote on its recommendations on the proposed change to be sent in a report to the City Council. Such report may recommend for or against such proposed change and may, but need not, include reasons for such decision. The commission may defer its report for not more than sixty (60) days until it has had opportunity to consider other proposed changes which may have a direct bearing thereon. If the commission fails to finally report after sixty (60) days, it would be deemed to have recommended negatively to the proposal.

FORWARDING FINAL REPORT.

Every proposal receiving a final report by the commission shall be forwarded to the council for setting and holding of public hearing thereon. No change, however, shall become effective until after the adoption of an ordinance for same and its publication as required by law.

WITHDRAWAL.

Any proposal or application may be withdrawn by the proponent after the commission makes its final report, and such proposal or application shall not be subject to the provision hereof that a period of time must pass before a new application is considered. If such proposal is withdrawn, the council will not consider it. Any proposal or application withdrawn may be resubmitted and shall be subject to all fees and notice requirements as an original application.

COUNCIL HEARING AND NOTICE.

The City Council may from time to time amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established. A public hearing on such amendment, supplement, or change shall be held by the council. Notice of council hearing shall be given by publication one (1) time in the official newspaper of the city, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the date of publication. No such amendment, supplement, or change shall be considered unless and until the commission makes its final report thereon. Publication of such change shall be accomplished by publishing the descriptive caption and penalty clause of the ordinance amending the comprehensive plan to incorporate the change.

APPLICATION NOT TO BE CONSIDERED FOR ONE YEAR AFTER DENIAL OF REQUEST FOR REZONING.

No application for rezoning shall be considered within one year of denial of a request by the City Council for the same classification on the same property.

PROTEST AGAINST CHANGE.

In case of a protest against such change signed by the owners of twenty percent (20%) or more either of the land included in such proposed change, or of the land within two hundred (200) feet thereof, excluding any intervening public street, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all the members of the City Council present and qualified to vote.

COUNCIL ACTION ON APPLICATION.

The proponent of any zone change shall satisfy the City Council that either the general welfare of all the city affected by the area to be changed will be enhanced or that the property is unusable for the purposes allowed under existing zoning. If such is proved to the council’s satisfaction, it may grant the requested zone change; or it may change the zone’s designation of a portion of such property; or it may initiate a request to consider changing all or a portion of such property to a district other than that requested and of a different character.

SITE PLAN AND SUPPORTING DOCUMENTS REQUIRED; PETITION FOR ZONING DISTRICT CHANGE OR CONDITIONAL USE.

When in the opinion of the Planning and Zoning Commission or City Council that greater information is required from the petitioner concerning the nature, extent, and impact of his request than supplied with his application for a change in zoning or conditional use permit, in order for such commission, council, or board to properly review and evaluate all relevant factors thereof, said commission, council, or board may require the applicant to submit a site plan and supporting documents, conforming with all or a portion of the requirements set forth in this subsection, prior to rendering a decision thereon.

The petitioner is encouraged to meet with the appropriate commission or council in an informal work session to ascertain the exact extent of plans and documents required, if any, prior to the city initiating the advertisement for public hearing on the petition.

The general type and extent of plans and supporting documents which may be required of the petitioner include, but are not necessarily limited to:

Site Plan.

Meeting all of the requirements of a “preliminary plat” as described in the City’s subdivision regulations, except that topographic and drainage map information provisions may be waived by the reviewing body when the inclusion of such data would not materially contribute to the necessary evaluation of the project’s petition. Additional site plan drawing information which the reviewing body may require include:

Existing and proposed zoning district;

General outline of extensive tree covered areas;

Drainageways and 100-year floodplain limits;

Proposed treatment for screening the perimeter of the land embraced by the petition, including screening of internal separations of land use where required;

Proposed internal nonvehicular circulation linkages such as pedestrian paths and hike trails, bike trails, and equestrian bridle paths, where applicable, including their interrelationships with vehicular circulation systems and proposed handling of points of conflict;

A tabular summary schedule indicating:

The gross acreage and percent of each type of zoning category proposed;

The gross acreage and percent of each type of land use proposed, with streets and open space categories listed separately, and residential uses further stratified as to type, i.e., single-family, two-family, multifamily townhouse, etc., including the total gross project acreage;

The gross residential density of each type of residential land use proposed, expressed in dwelling units per acre; and based on net residential land use plus one-half (1/2) of any abutting street;

The quantitative number of dwelling units proposed for each residential dwelling type (i.e., single-family, two-family, etc.);

Proposed maximum lot coverage by building types (i.e., 1/F, 2/F, M/F, commercial, office, industrial, etc.) expressed in terms of percent or floor area ratio of the lot or site.

Architectural Drawings.

Elevations, concept sketches, or renderings depicting building types and other significant proposed improvements, including the treatment and use of open spaces, etc., where the submission of such drawings would more clearly portray the nature and character of the applicant’s land use and development proposals.

Written Documents.

In narrative form on 8-1/2" x 11" sheets, including:

Statement(s) on planning objectives to be achieved in use/development proposal, including a narrative description of the character of the proposed development and rationale behind the assumptions and choices made by the applicant, including use and ownership of open spaces, etc.

Legal description of the total site area proposed for rezoning, development, or conditional use permit.

A development schedule indicating the approximate date(s) when construction of the proposed development, and subsequent stages or phases thereof, if any, can be expected to begin and be completed to the best of the applicant’s knowledge and belief.

A statement as to the present and proposed ownership of the site or parcels thereof embraced by the application.

Economic feasibility and/or market analysis studies, when deemed necessary by the reviewing body to adequately assess the necessity for zoning certain parcels to the sizes indicated by the applicant, or to evaluate the need for granting a conditional use permit.

Environmental assessment statement, prepared pursuant to the National Environmental Policy Act of 1969, and any subsequent amendments thereto, when deemed necessary by the reviewing body to properly assess the impact of the proposed development/land use on the existing environment.

Statement(s) as to how and when the applicant proposes to provide water and sewer to the development.