A. 
Nonresidential Landscaping Requirements. Landscaping shall be required according to the following sections for all nonresidential uses. See 2.10.13. E.6 Noncompliance with Landscaping Requirements for nonconforming properties.
Table 13. Nonresidential Landscaping Requirements
Section Number
Section Title
2.09.01.A.1
Landscaping Along Perimeter
2.09.01.A.2
Internal Landscaping
Figure 15. Location of Perimeter Landscaping versus Internal Landscaping
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1. 
Landscaping Along Perimeter. All nonresidential uses shall comply with the following streetscape requirements:
a. 
Perimeter Landscaping. Perimeter Landscaping shall be provided adjacent to all streets.
i. 
The Perimeter Landscaping shall be the following minimum widths, exclusive of street Right-of-Way.
(a) 
Adjacent to Interstate 35, Main Street east of the westernmost boundary of Bradfield Park, and Cabela’s Drive: Fifteen (15) feet.
(b) 
Adjacent to Arterial Street: Ten (10) feet.
(c) 
Adjacent to Collector Street: Five (5) feet.
(d) 
Adjacent to Local Street: Five (5) feet.
ii. 
Plantings within the Perimeter Landscaping shall be determined by the following:
(a) 
Along all Freeways, Parkway Streets, Arterial Streets, and Collector Streets at least one (1) Shade Tree for every forty (40) feet of frontage shall be installed. One existing tree may be substituted for each new tree provided the existing tree is in good health and form. New trees must be planted within five (5) feet of the front lot line along the street and in line with other trees but not in conflict with utilities. The Director of Planning may permit additional minor setbacks or other adjustments to the planting strip to accommodate future right-of-way expansions, sidewalks, and utility lines.
(b) 
Complete coverage of natural landscape materials shall be provided with Shrubs, Groundcover, Ornamental Grasses with a Rock/Crushed Rock Landscape Base, or Ornamental Grasses with a Mulch Base. The use of Turf Grass as a landscape material is prohibited in fulfilling the requirements of this subsection.
iii. 
See 2.09.06. D.6 for required landscape buffering adjacent to single family uses or districts.
Figure 16. Example of a Shrub Buffer
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b. 
Shrub Buffer. Where parking lots, drives, and access easements abut the Perimeter Landscaping, Shrubs (5 gallon minimum) shall be planted to form a contiguous buffer along the common boundary line.
i. 
Shrubs shall be planted in planting beds with a Rock/Crushed Rock Landscape Base or Mulch Base.
ii. 
A berm may be placed within the Perimeter Landscaping in lieu of the required Shrubs unless needed for a headlight screen. See 2.09.06. Residential Adjacency for possible additional landscaping requirements.
(a) 
The berm must be 18 to 40 inches above the average grade of the street and parking lot curbs.
(b) 
The slope of the berm shall not exceed a thirty-three (33) percent grade.
iii. 
If the parking lot is located fifty (50) feet or more from the street Right-of-Way line, no Shrubs or berms will be required unless needed for a headlight screen. See 2.09.06. Residential Adjacency for possible additional landscaping requirements.
c. 
The Director of Planning may reduce the width (but not contents) of the required Perimeter Landscaping during Site Plan review when the reduction is required for a Public Improvement Right-of-Way acquisition.
2. 
Internal Landscaping.
Figure 17. Example of Internal Landscaping
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a. 
Internal Landscaping refers to all areas within the paved boundaries of the parking lot.
b. 
Any nonresidential parking area that contains more than ten (10) parking spaces shall provide Internal Landscaping in addition to the required Perimeter Landscaping.
c. 
Only landscaped areas within the parking lot shall be used to meet the Internal Landscaping requirement.
d. 
Plantings within the Internal Landscaping shall be determined by the following:
i. 
Ten (10) square feet of Internal Landscaping for each parking space or fraction thereof.
ii. 
One (1) Shade Tree or two (2) Ornamental Trees for every fifteen (15) parking spaces or fraction thereof.
iii. 
All parking spaces must be within eighty (80) feet of a Shade Tree.
iv. 
Complete coverage of natural landscape materials, such Groundcover, or Ornamental Grasses with a Rock/Crushed Rock Landscape Base or Mulch Base. The use of Turf Grass as a landscape material is prohibited in fulfilling the requirements of this subsection.
Figure 18. Example of a Concrete Curb with Drainage Opening
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3. 
Stormwater Drainage. All landscaped areas shall be protected by a raised six (6) inch concrete curb with openings to allow for the drainage of stormwater into the landscaped areas.
4. 
Redevelopment Sites. For existing sites undergoing redevelopment, see 2.10.13.E.6 for applicability and requirements.
B. 
Residential Landscaping Requirements. Landscaping shall be required according to the following sections for all residential uses.
Table 14. Residential Landscaping Requirements
Section Number
Section Title
2.09.01.B.1
Multi-Family Landscaping Requirements:
Perimeter Landscaping
Shrub Buffer
Internal Landscaping
2.09.01.B.2
Landscaping Requirements for Single Family Developments
Figure 19. Location of Perimeter Landscaping Versus Internal Landscaping
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1. 
Multi-Family Landscaping Requirements.
a. 
Perimeter Landscaping. Perimeter Landscaping shall be provided adjacent to all streets with a minimum width of ten (10) feet, exclusive of street Right-of-Way.
i. 
Plantings within the Perimeter Landscaping shall be determined by the following:
(a) 
Along all Freeways, Parkway Streets, Arterial Streets, and Collector Streets at least one (1) Shade Tree for every forty feet (40) of frontage shall be installed. One existing tree may be substituted for each new tree provided the existing tree is in good health and form. New trees must be planted within five (5) feet of the front lot line along the street and in line with other trees but not in conflict with utilities. The Director of Planning may permit additional minor setbacks or other adjustments to the planting strip to accommodate future right-of-way expansions, sidewalks, and utility lines.
(b) 
Complete coverage of natural landscape materials shall be provided with Shrubs, Groundcover, Ornamental Grasses with a Rock/Crushed Rock Landscape Base, or Ornamental Grasses with a Mulch Base. The use of Turf Grass as a landscape material is prohibited in fulfilling the requirements of this subsection.
ii. 
The Director of Planning may reduce the width of the required Perimeter Landscaping during Site Plan review when the reduction is required for a Public Improvement Right-of-Way acquisition.
iii. 
See 2.09.06. D.6 for required landscape buffering adjacent to single family uses or districts.
b. 
Shrub Buffer. Where parking lots and drives abut the Perimeter Landscaping, Shrubs (5 gallon minimum) shall be planted to form a contiguous buffer along the common boundary line.
i. 
Shrubs shall be planted in planting beds.
ii. 
A berm may be placed within the Perimeter Landscaping in lieu of the required Shrubs unless needed for a headlight screen.
(a) 
The berm must be 18 to 40 inches above the average grade of the street and parking lot curbs.
(b) 
The slope of berm shall not exceed a 33 percent grade.
iii. 
If the parking lot is located fifty (50) feet or more from the street Right-of-Way line, no Shrubs or berms will be required unless needed for a headlight screen.
c. 
Internal Landscaping.
i. 
Internal Landscaping is required within parking areas in addition to the required Perimeter Landscaping.
ii. 
Plantings within the Internal Landscaping shall be determined by the following:
(a) 
Twenty (20) square feet of internal landscaping for each parking space.
(b) 
One (1) Shade Tree or two (2) Ornamental Trees per ten (10) parking spaces.
(c) 
All parking spaces must be within eighty (80) feet of a Shade Tree.
(d) 
Complete covering of natural landscape materials, such Groundcover or Ornamental Grasses with a Rock/Crushed Rock Landscape Base or Mulch Base. The use of Turf Grass as a landscape material is prohibited in fulfilling the requirements of this subsection.
d. 
Multiple Building Landscaping Requirements. If more than one Dwelling, Multi-Family (Apartment) building is placed upon a single lot, the following areas shall be landscaped:
i. 
A twenty (20) foot strip along the front or rear of the buildings as measured from the foundation.
ii. 
A ten (10) foot strip along all other sides of the buildings as measured from the foundation.
iii. 
Landscaping strip may consist of Shrubs, Groundcover, Ornamental Grasses with a Rock/Crushed Rock Landscape Base or Mulch Base, or Turf Grass.
iv. 
Areas for driveways shall be exempt from this requirement.
e. 
Stormwater Drainage.
i. 
All landscaped areas shall be protected by a raised six (6) inch concrete curb with openings to allow for the drainage of stormwater into the landscaped areas.
ii. 
Pavement shall not be placed closer than five (5) feet from the trunk of a tree unless a City-approved root barrier is utilized.
f. 
Redevelopment Sites. For existing sites undergoing redevelopment, see 2.10.13. E.6 for applicability and requirements.
2. 
Landscaping Requirements for Single Family Developments.
a. 
At least two (2) Shade Trees or Ornamental Trees shall be provided in residential subdivisions for each lot, which may be achieved by existing trees consistent with the approved plant list.
b. 
All required trees must be planted and yard completely revegetated to prevent erosion and sedimentation prior to request for final building inspection of the dwelling unit.
c. 
Single family lots created prior to the effective date of this ordinance shall be exempt from this requirement.
C. 
Approved Plant Materials.
1. 
The Director of Planning shall be responsible for maintaining a list of approved plant materials. All required plants must be selected from the list.
2. 
If more than five (5) trees are required, at least two (2) types of tree species shall be incorporated.
3. 
The Director of Planning is authorized to limit species and placement to protect aboveground and underground infrastructure.
D. 
Additional Requirements.
1. 
This subsection D shall not apply to individual single family lots for single family structures.
2. 
All plant material shall be maintained in a healthy and growing condition, and must be replaced with plant material of similar variety and size if damaged, destroyed, or removed.
3. 
Landscaped areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the landscaping.
4. 
An automatic irrigation system with rain and freeze sensors is required for all landscaping.
a. 
Exemption. The Director of Planning may waive the automatic irrigation system requirement for portions of or the entire landscaped area, subject to a supplemental watering plan prepared by a registered Landscape Architect verifying that an irrigation system is not needed to support survival of the landscape materials.
5. 
Any Developer desiring to install and maintain landscaping materials and irrigation facilities within the City Right-of-Way must first receive written approval from the Director of Planning.
6. 
Replacement of dead landscaping shall occur prior to the issuance of a Certificate of Occupancy.
7. 
A landscape plan prepared by a Landscape Architect is required for all applicable developments.
E. 
Alternative Compliance Option. A request for the following Alternative Compliance options may be submitted and acted upon in accordance with 2.11.01. Alternative Compliance:
1. 
Minor Reductions of the Perimeter Landscaping and Buffers.
a. 
Minor changes to the width of the required Perimeter Landscaping and buffers, which are considered to be up to fifty (50) percent of the required width, may be requested if along a street frontage where the adjacent properties on both sides (at side property lines) have a smaller or no landscape buffer strip, in order to maintain consistency between existing parking lot and drive aisle alignments.
b. 
If an alternative Perimeter Landscaping or buffer is granted, an equal amount of landscaped area and trees shall be provided elsewhere on the site as may be deemed appropriate by the decision-maker.
2. 
Grouping of All Required Landscaping within One or Two Areas.
a. 
In order to provide flexibility in site design, an Applicant may request Alternative Compliance to group all required landscaping (e.g., the landscape buffer and parking lot landscaping) into one or two areas.
b. 
In order to offset the movement of landscaping from its original required location, an additional twenty-five (25) percent of the total landscaped area will be required. For example, if 1,000 square feet of total landscaping was required, then 1,250 square feet would be required to meet the grouping option.
c. 
In addition to the twenty-five (25) percent increase in total landscape area, the grouped landscaping shall be located either in the front yard or area visible from the street.
(Ordinance 2017-13 adopted 10/2/2017)
A. 
General.
1. 
Purpose. The purpose of this section is to provide standards for screening in order to mitigate the effects of potential nuisances such as dirt, litter, noise, heat, and glare of lights, and to protect public and private investment. It is also the intent of this section to provide for the safe construction and maintenance of walls and fences constructed in the City.
2. 
Applicability. These regulations shall be applicable to all new construction, where fifty (50) percent or more of an existing screening, fence, or wall requires replacement, or any time that a higher intensity use is required to screen adjacent to a lower intensity use.
3. 
Enforcement. The Director of Planning shall administer and enforce the provisions of this article relating to screening and fencing.
4. 
Sight Visibility. See Subsection 4.01. Sight Visibility Triangle.
B. 
Screening and Fencing of Nonresidential, Mixed Use, Multi-Family, and Manufactured Home Parks.
1. 
Placement of Fences.
a. 
Opaque fences shall be prohibited between the front building face and the Right-of-Way.
b. 
Certain decorative fences in the Historic District may use alternative materials, such as wood, at the discretion of the Historic Preservation Commission.
2. 
Screening of Neighboring Development with a Masonry Screening Wall.
a. 
In the event that any non-single family use sides or backs to an existing single family home (i.e., detached home, duplex, or townhome) or a Estate Residential (R-1) District, Suburban Residential (R-2) District, or One & Two Family Residential (R-3) District, a solid masonry screening wall of not less than six (6) feet nor more than eight (8) feet in height shall be erected on the property line separating these districts. The purpose of the screening wall or fence is to provide a visual and protective barrier between the properties.
i. 
The owner of the higher intensity property shall be responsible for building and maintaining the required wall on the property line dividing the property from the lower intensity district.
b. 
Materials.
i. 
Any screening wall or fence required under the provisions of this section, under a Specific Use Permit, Planned Development (PD) District, or other requirement shall be constructed of 100 percent opaque masonry or precast concrete designed to resemble wood, stucco, stone, or brick fencing (excluding CMU). Wood fences are expressly prohibited.
ii. 
Nonresidential fences that are not required by ordinance but that are visible from public Right-of-Way shall be constructed of masonry, reinforced concrete, wrought iron or simulated wrought iron, or vinyl material that simulates wood or masonry. Wood fences are expressly prohibited.
iii. 
All required screening walls shall be equally finished on both sides of the wall.
iv. 
Where such openings are necessary, all wall or fence openings shall be equipped with gates equal in height and screening characteristics to the wall or fence.
3. 
Screening of Mechanical Equipment. All nonresidential uses in any zoning district shall screen all mechanical, heating and air conditioning equipment from public view or adjacent residential property. Public view is considered any area that can be seen from a public street or adjacent residential properties at six (6) feet above grade at the property line.
Figure 20. Example of a Screening Parapet
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4. 
Nonresidential Barbed Wire Fences Prohibited. Barbed wire, razor wire, and concertina wire fences are prohibited in the City for nonresidential purposes.
a. 
Exception. Barbed wire strands may be placed on top of permitted fences and screening around public utilities facilities (such as substations and transformer stations) or as part of security devices for the restrain of persons being detained by the City or other governmental law enforcement agency for criminal violations.
C. 
Screening of Outdoor Waste Storage for All Nonresidential, Mixed Use, Multi-Family, and Manufactured Home Park Properties.
1. 
General.
a. 
Waste storage areas (refuse containers, etc.) shall be constructed, located and screened to prevent interference with the peace, comfort, and repose of the occupants of any adjoining building or residence.
b. 
The location, construction, and screening of all waste storage areas shall be shown on the design drawings.
2. 
Incidental Use Requirement and Location Standards. Refuse containers, trash dumpsters/containers, trash compactors, box compactors, and other similar containers which are used for waste disposal purposes shall:
a. 
Only be allowed as an incidental use, and
b. 
Only be allowed when located behind the building line established by the structure and not within any side or rear yard setback or any required landscaped area.
3. 
Setbacks. Refuse containers, trash dumpsters/containers, trash compactors, box compactors, and other similar containers shall be setback from all residential uses a minimum of twenty-five (25) feet.
4. 
Screening Required. Refuse containers, trash dumpsters/containers, trash compactors, box compactors, and other similar containers shall be enclosed on all four sides with a three-sided masonry screening wall and a metal gate on the fourth side that shall be constructed to a minimum height of one (1) foot above the container height, but shall not exceed eight (8) feet in height.
a. 
The container shall be screened by the masonry wall and a metal gate capable of screening the area and shall remain closed at all times except when filling or emptying the container.
b. 
The screening wall shall be similar to or extensions of the development’s architectural design.
D. 
Electric Fences.
1. 
An electric fence is allowed in the Agricultural zoning district, with proof submitted to the electrical inspector that the fence will be designed to retain animals, be inaccessible to the general public and not pose a hazard to life.
2. 
An electric fence is allowed in association with a permitted nonresidential outdoor storage area in the Agricultural (AG) District, Interstate-35 Business (B-3) District, Light Industrial (LI) District, and Heavy Industrial (HI) District subject to the following standards.
a. 
Unless otherwise specified in this Section, electric fences must be installed in conformance with the specifications set forth in the City’s electrical code and the International Electroctechnical Commission Standard No. 60335-2-76. In addition, the electric fence controller must meet the requirements of Underwriters Laboratories Standard UL69, Electric-Fence Controller, and labeled as such.
b. 
The electric fence controller and emergency entry key safe for the electric fence must be located in a single accessible location for the entire fence.
c. 
The electric fence must be surrounded by a non-electrical fence or wall six (6) to eight (8) feet in height.
d. 
The electric fence must be installed a minimum of one (1) foot from the surrounding nonelectric fence or wall, except along the gate. Along the gate, the electric fence must be installed a minimum of three (3) inches from the surrounding non-electric fence or wall.
e. 
The electric fence must be clearly identified with warning signs at intervals of not less than sixty (60) feet.
f. 
The electric fence must only be energized during hours when the public does not have legal access to the protected property.
E. 
Fences in Residential Areas.
1. 
Permit Required. A fence permit must be obtained from the Director of Planning for fences along the lot line perimeter in the following cases:
a. 
Any new fence (excluding replacement fencing); or
b. 
Relocation of an existing fence.
2. 
Fences Required for Subdivisions backing to Major Roadways. A solid masonry fence is required when a subdivision backs to a Collector Street or larger thoroughfare.
3. 
Height and Location.
a. 
Any fence or wall located to the rear of the minimum required front yard line shall not exceed six (6) feet in height.
b. 
Except as provided by i below, no fence or wall shall be permitted in front of any single family or duplex structure.
i. 
Decorative fences with openings not less than fifty (50) percent of the fence area and not exceeding forty-two (42) inches in height are permitted in front yards. Chain link, woven wire mesh or similar materials are not considered decorative fencing.
c. 
No fence shall be erected in any required side yard that is adjacent to a public street.
4. 
Materials.
a. 
Any residential perimeter fence shall be constructed of masonry, wrought iron, Cedar wood, precast concrete designed to resemble wood, stucco, stone, or brick fencing (excluding CMU), or vinyl materials that produce a similar appearance.
b. 
Chain link fencing is only allowed for residential properties for side and rear fences not facing a public street.
5. 
Vehicular Access Gates. Gates designed for vehicular access shall be set back from the property line a minimum of fifty (50) feet.
6. 
Residential Chain Link, Barbed Wire, and Electrical Fences Prohibited.
a. 
Chain link fencing shall be prohibited for perimeter fences in residential areas.
i. 
This requirement does not include any fence necessary for an agricultural use or interior fence that is not visible from outside the perimeter fence.
ii. 
Chain link fencing is allowed for residential properties for side and rear fences not facing a public street.
b. 
Barbed wire or electrical fencing shall be prohibited in residential areas, except as used for farm or ranching purposes on lots over one (1) acre in size or as noted in D above. Note that this does not include invisible fences for pets.
7. 
Special Fences.
a. 
Special fencing, such as fencing around tennis courts, is permitted.
b. 
Fences around swimming pools shall comply with the City’s building code.
8. 
Proximity to Accessways and Driveways. Screening or fencing shall not be located closer than three (3) feet from the edge of any accessway pavement or driveway.
(Ordinance 2017-13 adopted 10/2/2017; Ordinance 2023-03 adopted 5/2/2023)
A. 
Applicability.
1. 
Except as hereinafter provided, no building or structure or part thereof shall be erected, altered, or converted for any permitted use unless vehicle parking is provided according to the following standards.
2. 
Vehicle parking shall be provided on the lot or tract, on an immediately contiguous lot or tract, or as part of a shared parking agreement.
B. 
General Requirements.
1. 
Number of Spaces.
a. 
The minimum number of spaces shall be as indicated in 2.06.05. Use Chart.
b. 
The total parking requirement shall be the sum of the specific parking space requirements for each use classification included in the building or development.
c. 
Floor Area of parking garages shall be excluded in computing the parking requirements of any use.
d. 
Adjacent on-street parking spaces (along the lot line or within the development) shall count toward the minimum parking requirements in the form districts. See section 2.10.10(R).
e. 
When 50 to 99 parking spaces are required, at least one (1) electric vehicle parking space shall be provided. When 100 or more parking spaces are required, at least two (2) electric vehicle parking spaces shall be provided.
2. 
Parking Areas and Driveways.
a. 
Maintenance. All parking areas and driveways shall be maintained to the City’s specifications.
b. 
Nonresidential Parking Areas and Driveways. Unless otherwise noted, all parking areas and driveways for nonresidential uses shall be curbed and paved with asphalt or concrete unless otherwise approved. See section 2.10.10(R) for driveways allowances in the form districts.
c. 
Residential Parking Areas and Driveways.
i. 
Unless otherwise noted, parking areas and driveways for residential uses shall be of a paved or finished permeable surface (i.e., no gravel, grass, or dirt).
ii. 
Single family residential lots greater than one (1) acre are exempt from this requirement, however a paved driveway apron must be provided within the Right-of-Way.
iii. 
Parking for multiple family dwellings (Dwelling, Multi-Family (3-Plex/4-Plex) and Dwelling, Multi-Family (Apartment)) is prohibited between the front facade and a public street or public access easement.
3. 
Parking Space Dimension. All parking spaces must be at least nine (9) feet wide by eighteen (18) feet deep.
C. 
Shared Parking Calculation.
1. 
The intent of this provision is to maintain the number of spaces needed to support use while considering that many uses have differing parking peak times. Shared parking allows uses with varying peak times to share parking spaces, thereby encouraging more compact development and reducing stormwater runoff and the urban heat island effect.
2. 
The Director of Planning may approve a request for shared parking facilities if the following findings are made:
a. 
The shared spaces to be provided will be available as long as the uses requiring the spaces are in operation;
b. 
The peak hours of parking demand from all uses do not coincide so that peak demand is greater than the parking provided, as determined by the City’s shared parking calculator formulas;
c. 
A written agreement between the property owner(s) and the City, in a form satisfactory to the City Attorney that includes:
i. 
A guarantee among the property owner(s) for access to and use of the shared parking facilities;
ii. 
A provision that the City may require parking facilities in addition to those originally approved upon finding by the Director of Planning that adequate parking has not been provided; and
iii. 
A provision stating that the Director of Planning may, for due cause and upon notice and hearing, unilaterally modify, amend, or terminate the shared parking agreement at any time.
3. 
Applicants for shared parking must submit a description of the uses, hours of operation, parking requirements, allocation of parking spaces, hours of peak parking demand, and an explanation to show that required parking will be available during the hours of operation shown for each use.
4. 
Applicants may be required to submit survey data substantiating a request for reduced parking requirements.
5. 
Shared Parking Modifications.
a. 
If the development is located entirely on a single lot, the development is eligible for a reduction up to twenty (20) percent in the required parking.
b. 
If the development is located across more than one (1) lot but is a cohesive development (e.g., a shopping center), the development is eligible for a reduction of up to twenty (20) percent in the required parking, however a fee-in-lieu shall be required for the reduced parking.
6. 
Any future changes to the uses must be reviewed to assess the parking supply. If the new use would require less parking, then no technical review is necessary. If the new use would require more parking, a parking study shall be required. If the parking study determines that the current amount of parking is insufficient, the proposed use must provide the additional parking or contribute a fee-in-lieu.
D. 
Parking Requirements for New or Unlisted Use. Where questions arise concerning the minimum off-street parking requirements for any use not specifically listed, the requirements may be determined by the Director of Planning as those of a similar use.
E. 
Circulation and Parking Requirements for all Nonresidential Developments.
1. 
Applicability. The regulations provided in this section shall apply to all nonresidential development.
2. 
Wheel Stops or Bollards. If curbs are not provided, then parking spaces that face and are adjacent to a building or required landscaped area shall utilize wheel stops or bollards, within twelve (12) inches from the end of the space.
3. 
Area Layout.
a. 
Parking lots shall be laid out to continue the street/block pattern of the area so that the lots can easily be redeveloped with buildings consistent with the design of the surrounding development.
b. 
No more than fifty (50) percent of parking may be located between the front facade and a public street unless outlots are present.
4. 
Parking Sub-Lots.
a. 
Large surface parking lots shall be visually and functionally segmented into several smaller sublots by landscaped areas. Each sub-lot shall contain a maximum of fifty (50) parking spaces.
i. 
An additional fifty (50) parking spaces are allowed for each five (5) percent of interior landscaping provided above the minimum, up to two hundred (200) spaces.
b. 
For every parking area, a landscaped median/divider at least fifteen (15) feet wide shall be installed to help break up sub-lots of large parking fields. These medians shall contain pedestrian walkways to offer safe, marked routes between parking spaces and building entries.
5. 
Pedestrian Circulation.
a. 
Circulation patterns must be as simple as possible.
b. 
All likely pedestrian routes must be considered in the design phase of a development to prevent shortcuts through parking and landscape areas.
c. 
An internal pedestrian walkway, ADA accessible, at least six (6) feet wide must be provided from the perimeter public sidewalk to the primary public entrance. Internal pedestrian walkways must be distinguished from driving surfaces by textured pavement or painted pavement and lighting.
6. 
Fire Lanes. In addition to I below, aisles must meet fire lane requirements where applicable.
F. 
Stacking Requirements.
1. 
Purpose. Stacking spaces provide the ability for vehicles to queue on-site prior to receiving a service.
2. 
Stacking Space Size and Location. A stacking space shall be a minimum of ten (10) feet in width and twenty (20) feet in length and shall not be located within or interfere with any other circulation driveway, parking space, fire lane, or maneuvering area.
3. 
Number of Required Queuing Spaces (All Districts). In all Districts, at the time any building or structure is erected or altered, queuing spaces shall be provided in the number and manner set forth in the following list of property uses.
Table 15. Minimum Required Queuing Spaces
Use
Queuing Spaces
Bank or Financial Institution (with a Drive-Thru)
Four (4) stacking spaces per window or service lane
Automobile Service Garage (Minor)
Three (3) stacking spaces per bay
Car Wash, Full Service
Five (5) stacking spaces per bay
Car Wash, Self Service
Two (2) stacking spaces per bay
Car Wash, Self Service (Drying Areas and Vacuum Islands)
Two (2) stacking spaces per drying area or vacuum island
Child Care Facility (Daycare) and Similar Child Training and Care Establishments
One (1) stacking space per twenty (20) students provided on a through "circular" drive.
Restaurant or Cafeteria, with Curb or Drive-Thru Service
Five (5) stacking spaces for first window, order board, or other stopping point. One (1) additional stacking space shall be provided after the final window, order board, or stopping point to allow vehicles to pull clear of the transaction area prior to entering an intersecting on-site driveway or maneuvering aisle.
Any Other Retail or Service Use with a Drive-Thru Window
Three (3) stacking spaces for first service window. One (1) additional stacking space shall be provided after the final window, order board, or stopping point to allow vehicles to pull clear of the transaction area prior to entering an intersecting on-site driveway or maneuvering aisle.
School, Private or Public
The number of stacking spaces shall be determined during Site Plan review.
G. 
Bicycle Parking.
1. 
Off-street parking and facilities for bicycles shall be provided for each land use as follows:
Table 16. Bike Parking Requirements
Use
Minimum Number of Bike Parking Spaces
Residential (1-4 units)
0
Residential (5+ units)
2, plus 1 per 10 living units
Retail
2, plus 1 per 5,000 sqft, maximum 7
Office
2, plus 1 per 5,000 sqft, maximum 7
Park
2, plus 1 per acre of land, maximum 15
Public (other than a park)
2, plus 1 per 5,000 sqft, maximum 7
Industrial
2, plus 1 per 10,000 sqft, maximum 7
Agriculture/Open Space
0
Figure 21. Example of a Bike Rack
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2. 
Bicycle parking facilities shall be racks or lockers anchored to prevent movement or theft. Each space designated for bicycle parking shall be designed to accommodate at least the minimum number of bicycles identified by Table 16. Bicycle parking facilities shall, at minimum, be a bike rack with the ability for a user to lock one wheel and the frame to the rack, with the user providing the lock and chain.
3. 
Access to the use being served by the parking facility shall be at least as convenient for users of bicycle parking as the most convenient automobile parking and as close as possible to the desired entrances without interfering with pedestrian or vehicular traffic.
H. 
Alternative Compliance Option. A request for the following Alternative Compliance options may be submitted and acted upon in accordance with 2.11.01. Alternative Compliance:
1. 
Allow more than ten (10) percent more parking spaces if the additional spaces are of a permeable material as determined by the Director of Planning.
2. 
Reduction in the number of required parking spaces by up to thirty (30) percent if the use is served by public parking or sufficient bicycle/pedestrian access.
3. 
Reduction in the number of required parking spaces according to a Best Practices Parking Ratio.
a. 
An Applicant shall fully cite the sources used to derive the Applicant-submitted parking ratio, possible resources include parking standards materials from the Institute of Transportation Engineers (ITE) or the American Planning Association (APA).
b. 
The Director of Planning shall review the Applicant-submitted parking ratio to make a recommendation regarding best planning practices for a use.
I. 
Parking Space Design Details. Each standard off-street surface parking space size shall be in accordance with the design standards as shown on the following illustrations for space size and design. Note that all drive aisles must meet the City’s Fire Code requirements.
Figure 22. 30 Degree Layout with One-Way Traffic
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Figure 23. 30 Degree Layout with Two-Way Traffic
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Figure 24. 45 Degree Layout with One-Way Traffic
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Figure 25. 45 Degree Layout with Two-Way Traffic
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Figure 26. 60 Degree Layout with One-Way Traffic
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Figure 27. 60 Degree Layout with Two-Way Traffic
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Figure 28. 90 Degree Layout
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(Ordinance 2017-13 adopted 10/2/2017; Ordinance 2022-24 adopted 9/20/2022)
Figure 29. Example of Accessory Structure
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A. 
All Accessory Structures.
1. 
Accessory Structures are prohibited within easements.
2. 
In no case shall an Accessory Structure exceed the height of the main structure.
3. 
Accessory Structures two hundred (200) square feet and larger must comply with the exterior building material and related design requirements for a main structure, except in the Agricultural (AG) District.
B. 
Residential Accessory Structures. The following regulations apply to Accessory Structures servicing lots zoned or used for residential uses.
1. 
No more than one (1) Accessory Structure for the purpose of a living quarters shall be permitted on a lot.
2. 
Multi-family Accessory Structures used to store equipment or provide a service function shall not be occupied as a dwelling.
3. 
The dimensional regulations in Table 17 shall apply to all residential Accessory Structures.
Table 17. Residential Accessory Structure Requirements
Lots up to 7,500 sq. ft.
Lots up to 1 acre
Lots over 1 acre
Maximum Number of Accessory Structures
2
2
5
Maximum Floor Area of All Accessory Structures Combined
484 sq ft
1,000 sq ft
Standards of Building Coverage provided in Subsection 2.07.01 apply for all structures
Maximum Height
18’
25’
N/A
Minimum Front Setback
Behind the front facade of the main building
Behind the front facade of the main building
Behind the front facade of the main building
Minimum Side and Rear Setback
10’ if height does not exceed 20’; otherwise same standards as main building
10’ if height does not exceed 20’; otherwise same standards as main building
10’ if height does not exceed 20’; otherwise same standards as main building
C. 
Nonresidential Accessory Structures. The dimensional regulations in Table 18 shall apply to all Accessory Structures servicing lots zoned or used for nonresidential uses.
Table 18. Nonresidential Accessory Structure Requirements
All Nonresidential Lots
Maximum Number of Accessory Structures
3
Maximum Floor Area of All Accessory Structures Combined
50% of the ground floor area of the main structure
Maximum Height
Equal to or less than the main building
Minimum Front Setback
Behind the front facade of the main building
Minimum Side and Rear Setback
Same standards as the main building
(Ordinance 2017-13 adopted 10/2/2017; Ordinance 2021-21 adopted 7/20/2021)
A. 
Exterior Material Requirements for all Single Family Units.
1. 
Applicability. This section applies to all single family (attached and detached) units. Area used for doors and windows shall be excluded from calculations.
2. 
Residential Material Standards.
a. 
The exterior facades of a main building or structure shall be constructed of at least seventy-five (75) percent Class 1: Masonry Construction materials and the remainder composed of Class 2: Masonry Construction materials unless otherwise specified in this UDC.
b. 
All exterior facades visible from the public Right-of-Way must be of consistent materials.
c. 
An exemption is granted to exterior materials when the existing percentage of Class 1: Masonry Construction or Class 2: Masonry Construction materials is less than the requirement of a above.
B. 
Exterior Material Requirements for all Multi-Family Units.
1. 
Applicability. This section applies to all multi-family units. Area used for doors and windows shall be excluded from calculations.
2. 
Residential Material Standards. The exterior facades of a main building or structure shall be constructed of one hundred (100) percent Class 1: Masonry Construction materials on the first and second floors and fifty (50) percent on all other floors.
C. 
Exterior Material Requirements for Nonresidential Zoning Districts and Uses.
1. 
Applicability. This section applies to all nonresidential buildings. Area used for doors and windows shall be excluded from calculations.
2. 
Nonresidential Material Standards.
a. 
Exterior facades of a main building or structure shall consist of one hundred (100) percent Class 1: Masonry Construction.
i. 
Exception for Industrial Districts.
(a) 
Within the Light Industrial (LI) District or Heavy Industrial (HI) District, only the exterior facades of a main building or structure adjacent to a public street must consist of one hundred (100) percent Class 1: Masonry Construction.
(b) 
This exemption does not apply when the property is adjacent to a residential zoning district.
ii. 
Exception for facades not visible from public streets or single family residential properties: The non-visible wall(s) of the building may be constructed of Class 2: Masonry Construction or Class 3: Masonry Construction materials, provided that:
(a) 
It is of the same color as the other facades, and
(b) 
A double row of trees on offset fifty (50) foot centers is planted in a fifteen (15) foot Perimeter Landscaping, where fifty (50) percent of the trees are Shade Trees.
3. 
Maximum Material Coverage. No single building material shall cover more than eighty (80) percent of the front of any building, with the exception of on-site utility or service structures.
4. 
Windows.
a. 
Clear glass shall be used for commercial storefront display windows and doors.
b. 
Windows shall be individually defined with detail elements such as frames, sills, and lintels, and placed to visually define the building stories.
D. 
Development in the Historic Overlay (O-H) District. The Historic Preservation Commission may waive the requirements of this 2.09.05. Building Materials for properties within the Historic Overlay (O-H) District.
E. 
Alternative Compliance Option. A request for the following Alternative Compliance options may be submitted and acted upon in accordance with 2.11.01. Alternative Compliance:
1. 
Alternative Materials. For nonresidential and multi-family buildings, the following alternative materials or percentages may be approved:
a. 
A reduction of the required masonry percentage by a maximum of twenty-five (25) percent when a unique and attractive architectural design is used.
2. 
Original Building Materials. For existing nonresidential buildings undergoing expansion, the use of materials used on the original building provided it is an integral part of the character of the building.
(Ordinance 2017-13 adopted 10/2/2017)
A. 
Purpose. The intent of this section is to preserve and protect the integrity of single family residential neighborhoods, to protect the quiet enjoyment of single family residential properties, and to maintain property values.
B. 
Applicability.
1. 
The following residential adjacency standards shall apply to all non-single family development within the R-4, R-5, B-1, B-2, B-3, LI, and HI zoning districts that lie within four hundred (400) feet of properties used for single family residences in the Estate Residential (R-1) District, Suburban Residential (R-2) District, or One & Two Family Residential (R-3) District.
2. 
For purposes of the section, the four hundred (400) foot distance shall be measured from the nonsingle family residential building or use to the property line of the single family residence.
C. 
Land Uses Requiring a Specific Use Permit.
1. 
The following uses require a Specific Use Permit when located within the Arterial Business (B-2) District and within four hundred (400) feet of residential uses, in addition to the regulations of 2.06.05. Use Chart:
a. 
Automobile Parts Store.
b. 
Automobile Service Garage (Major).
c. 
Automobile Service Garage (Minor).
d. 
Car Wash, Full Service.
e. 
Car Wash, Self Service.
f. 
Feed Store.
g. 
Gasoline Filling or Service Station/Car Wash.
h. 
Grocery, Supermarket.
i. 
Shooting Range, Indoor.
2. 
In the event of a conflict between this section and 2.06.05. Use Chart, the more strict application shall apply.
D. 
Development Regulations.
1. 
Roof Design Standards.
a. 
To screen rooftop mechanical equipment, other appurtenances, and flat or built-up roofs, all structures having a footprint of 6,000 square feet or less shall be constructed with a pitched roof.
b. 
Those structures having a footprint greater than 6,000 square feet shall be constructed with either a pitched, parapet, or mansard roof system (enclosed on all sides).
c. 
Standing seam metal roofs shall be constructed of a factory-treated, non-metallic, non-reflective matte finish.
d. 
Metal roofs with lapped seamed construction, bituminous built-up roofs, and flat, membrane-type roofs that are visible are not permitted.
2. 
Loading and Service Areas.
a. 
Loading and service areas shall be located at the side or rear of buildings.
b. 
Where visible from the property line, a solid masonry screening wall at least ten (10) feet in height shall be required to screen views of loading docks and loading spaces intended for tractor/semi-trailer delivery. This wall must screen the entire loading dock or space.
c. 
Screening materials shall utilize similar masonry materials to the building’s facades.
d. 
The accommodation of adequate access for service delivery trucks may be evaluated to determine the extent of screening required.
3. 
Building Setbacks and Height.
a. 
A non-single family structure shall not be built within forty (40) feet of a single family residential property line.
b. 
Structures set back at least forty (40) feet from the property line may be up to twenty (20) feet in height, or up to a line having a slope of 1:4 from the single family residential property line, whichever is greater (see Figure 30).
Figure 30. Residential Slope Analysis
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4. 
Screening. See 2.09.02.B. Screening and Fencing of Nonresidential, Mixed Use, Multi-Family, and Manufactured Home Parks.
5. 
Lighting.
a. 
Mounting height of light fixtures shall not exceed fourteen (14) feet within fifty (50) feet of properties used for single family residences.
b. 
See 2.09.12. Lighting for other regulations related to lighting.
6. 
Landscaping.
a. 
For buildings less than twenty-four (24) feet in height, a landscape buffer 25 feet wide, including a row of Shade Trees on thirty (30) foot centers and four (4) five-gallon shrubs per tree, shall be planted along the property line adjacent to the single family use or district. No structures may be placed within the buffer area.
b. 
For buildings twenty- four ( 24) feet in height or greater, a landscape buffer 40 feet wide, including two ( 2) alternating rows of Shade Trees on thirty ( 30) foot centers and four ( 4) five -gallon shrubs per tree, shall be planted on thirty ( 30) foot centers adjacent to the single family use or district. No structures may be placed within the buffer area.
7. 
Refuse Receptacles.
Figure 31. Example of Refuse Receptacle Screening
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a. 
No trash receptacles or recycling receptacles shall be located within fifty (50) feet of properties used for single family residences, unless there is no other feasible location and the Director of Planning determines the placement will not have a significant effect on the nearby residential properties.
b. 
Trash and recycling receptacles shall be four sided with a metal gate and shall be located to the side or rear of the principal building.
c. 
Trash and recycling receptacles shall be screened by a solid masonry screen at least eight (8) feet in height and shall utilize similar masonry materials to the building’s facades.
d. 
Refer to 2.08.01.E for refuse receptacle standards within Form Districts.
(Ordinance 2017-13 adopted 10/2/2017; Ordinance 2023-03 adopted 5/2/2023)
A. 
This use classification corresponds to Innovative Residential Development as provided in 2.06.06. Conditional Standards. These developments are intended primarily to embody the objectives of the Comprehensive Plan. Any proposed development with this use designation must utilize one or more of the following design principles:
1. 
Clustering;
2. 
Pocket Neighborhoods;
3. 
Low Impact Design;
4. 
Traditional Neighborhood Design; or
5. 
Another innovative design that results in a unique neighborhood with desirable characteristics consistent with the vision of the Comprehensive Plan, as determined by the Planning and Zoning Commission during the Sketch Plan phase outlined below.
B. 
To qualify as an Innovative Residential Development, the design principle must be applied throughout the development. (e.g., if a Pocket Neighborhood is included within a larger traditional subdivision, then the Pocket Neighborhood standards apply only to the Pocket Neighborhood area, not the larger subdivision.)
C. 
All housing types must comply with 2.06.05. Use Chart.
D. 
Approval Process.
1. 
Sketch Plan.
a. 
The Applicant shall submit a Sketch Plan, which includes a statement of project intent, a location map indicating the project boundaries, the general location of proposed land use types, and any other information required by the Director of Planning or Planning and Zoning Commission.
b. 
The Planning and Zoning Commission shall be responsible for reviewing and approving Sketch Plans.
2. 
Site Plan.
a. 
Upon approval of a Sketch Plan, the Applicant shall submit a detailed Site Plan that is in conformance with the approved Sketch Plan (see 2.10.07. Site Plans).
b. 
The Planning and Zoning Commission shall be responsible for reviewing and approving the Site Plan.
E. 
Clustering.
Figure 32. Conventional (left) versus Cluster (right) Development
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Clustering
Intent
Provide open space accessible to the public in residential developments by allowing reductions to the minimum lot area to either maintain or increase overall density.
Preserve natural features, decrease impervious cover, and create unique neighborhoods.
Requirements
Area | 5 acre minimum area for development
Open Space Area | At least 30% of the site must be open space, in addition to park land dedication requirements (see 4.04.02.).
Modifications
First, calculate the number of dwelling units permitted on the site based on the zoning district using the net buildable area.
If at least 30% of the site is conserved, then the number of units in the development may be up to or equal to the number of units that would be permitted with traditional development.
If at least 40% of the site is conserved, then an increase of 10% in the number of units is permitted.
All dimensions are as required by Subsection 2.07. Zoning Dimensional Regulations, except:
• Lot area: None
• Lot width: 25’ min
• Lot depth: None
• Street frontage: 20’ min
• Front yard setback: 10’ min
• Porches may be located up to 5’ from the front property line (provided it does not interfere with utility easements)
• Rear yard setback with alleys: 10’ min
• Building separation: 14’ min/10’ min if zero lot line placement is used
Homes are required to meet only three (3) of the elements required by 2.09.08.C. Single Family Residential Element Options.
F. 
Pocket Neighborhoods.
Figure 33. Pocket Neighborhoods Examples
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Source: Pocket Neighborhoods: Creating Small-Scale Community in a Large-Scale World by Ross Chaplin
Pocket Neighborhoods
Intent
Encourage residents to interact with their neighbors by sharing a centralized common area consisting of greenspace, park area, or community gardens instead of private backyards.
Typically smaller scale single family dwellings.
See Pocket Neighborhoods: Creating Small-Scale Community in a Large-Scale World by Ross Chaplin for additional information on this development style.
Requirements
Districts | Not appropriate for the Agricultural (AG) District or the Estate Residential (R-1) District
Number | Neighborhood must include 6-20 homes
Common Area | Centralized greenspace of 400 sqft per unit, maintained by HOA
Orientation | Development must front onto the common area
Connectivity | All homes must be connected with a sidewalk
Porch | All homes must have a front porch of at least 80 sqft and 8’ deep
Access | All parking, streets, garages, and alleys shall be located behind the homes, out of view from the common area, with no more than 6 adjoining spaces
Modifications
All dimensions are as required by Subsection 2.07. Zoning Dimensional Regulations, except:
• Lot area: None
• Maximum DUA: 12
• Lot width: 20’ min
• Lot depth: None
• Front yard setback: 10’
• Porches may be located up to 5’ from the front property line (provided it does not interfere with utility easements)
• Rear yard setback: 10’ min
• Building separation: 14’ min/10’ min if zero lot line placement is used
• Building footprint: 1,200 sqft max plus 500 sqft max for garage
• Dwelling size: 1,800 sqft max
Homes are required to meet only three (3) of the elements required by 2.09.08.C. Single Family Residential Element Options.
G. 
Low Impact Design.
Figure 34. Examples
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Low Impact Design
Intent
Encourage water conservation, reduce energy costs, and provide a unique style of development.
Requirements
Options | Implement at least 4 of the element options in addition to the required elements in Table 22.
Low Impact Design Element Options (on page 155) throughout the development
Modifications
All dimensions are as required by Subsection 2.07. Zoning Dimensional Regulations, except:
• Front yard setback: Reduced 50% (but setback must be at least 7’)
• Lot area: Reduced 10%
Park land dedication required by 4.04.02. may be reduced by 25%
Fee waivers, technical assistance, and fast track reviews may be available for certain developments; see the Director of Planning for more information
Homes are required to meet only three (3) of the element options required by 2.09.08.C. Single Family Residential Element Options.
H. 
Traditional Neighborhood Design.
Figure 35. Traditional Neighborhood Design Examples
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Traditional Neighborhood Design
Intent
Incorporate a blend of housing types and land uses into one area at a neighborhood scale.
The traditional development style leading up to WWII, before the rise of sprawling subdivisions.
Create developments that are compact, pedestrian-oriented, and promote a traditional, small-town atmosphere.
Requirements
Number | At least 100 dwelling units per development
Variety | At least 25% of the lots must incorporate a housing type other than Single Family (Detached)
Access | All homes must be accessed by an alley; front- and side-entry garages are prohibited, except for side-entry garages on corner lots
Detail | All windows visible from public ROW must have muntins and include a type of exterior architectural detail (i.e., shutters, detailed window cornices, or dormer)
Porch | All homes must have a front porch of at least 80 sqft and 8’ deep
Grid | Neighborhood design must be of a grid-like connected pattern; cul-de-sacs are prohibited unless unavoidable due to topography or other natural features as determined by the Director of Planning
Blocks | Blocks must be between 200-400’ in width and 400-800’ in length
Open Space Area | At least 15% of the total site acreage must be common open space (may count undevelopable areas toward up to 75% of this required open space)
Open Space Access | At least 90% of the homes must be within 1/4 mile of the open space
Characteristics
Homes are required to meet only three (3) of the element options required by 2.09.08.C. Single Family Residential Element Options.
100% of the exterior building materials may be cement fiber board or Board and Batten style materials.
(Ordinance 2017-13 adopted 10/2/2017)
A. 
Front Facades. No single front facade of a home may be duplicated within six (6) lots as measured along the curb line.
B. 
Requirements. The following requirements apply to all new single family residential developments (including Dwelling, Single Family (Detached), Dwelling, Single Family (Patio Home), and Dwelling, Single Family (Attached - Duplex) structures).
1. 
Garages Provided.
a. 
Garage Requirements.
i. 
If a garage is provided, the following dimensions shall be required, unobstructed by fixed equipment:
(a) 
Minimum interior depth of twenty (20) feet, and
(b) 
Minimum interior width of twelve (12) feet for a one-car garage, or twenty (20) feet for a two-car garage.
ii. 
If a garage is not provided, exposed parking or carport must meet garage setback requirements noted in b below.
b. 
Setback From Building Face. A garage face shall be set back at least five (5) feet from the longest front building plane of the house or front porch, unless utilizing a J-swing design (see 2 below).
c. 
Setback from Rear Property Line. Single family garages shall be set back at least ten (10) feet from the rear property line if the height does not exceed 20’; otherwise the same setback standards as main building shall apply.
Figure 36. Recessed Garage Door Example
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d. 
Recessed Door. Garage door shall be recessed a minimum of twelve (12) inches from the garage face (see Figure 36).
e. 
Garage Door Treatments. Garage doors visible from public Right-of-Way shall contain at least three (3) of the following enhancements.
Figure 37. Example of Wood Doors, Double Doors, and Decorative Windows
img001_Page_148_Image_0003.tif
i. 
Cedar/wood clad doors.
ii. 
Double doors.
iii. 
Decorative windows.
iv. 
Decorative hardware.
v. 
Reveals/texture.
f. 
Percentage of Facade. A garage door facing the street cannot comprise more than fifty (50) percent of the entire front facade.
2. 
J-Swing Garage Wall Planes.
a. 
J-swing garages with walls facing the front yard (i.e., not located entirely behind the home) shall have at least one (1) window provided every ten (10) feet of uninterrupted wall plane.
b. 
Only J-swing garages are not required to be set back from the face of the house; however, in no case shall the garage be located in front of the house.
Figure 38. Window Required for Garage Wall Plane
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C. 
Single Family Residential Element Options. All new single family residential developments (including Dwelling, Single Family (Detached), Dwelling, Single Family (Patio Home), Dwelling, Single Family (Attached - Townhouse), and Dwelling, Single Family (Attached - Duplex) structures) shall have at least five (5) of the following elements on each building:
1. 
Front Wall Articulation. An offset in plane shall be provided every fifteen (15) feet along any front facade of the dwelling unit.
2. 
Varying Front Setbacks. Variations of the front setback of at least five (5) feet shall be required, however buildings shall not be within the required front setback.
3. 
100 Percent Class 1: Masonry Construction Materials. The entire exterior wall surface shall be constructed of Class 1: Masonry Construction materials.
4. 
Rear Garage. The garage shall be placed behind the rear building face.
Figure 39. Examples of Rear Garages
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5. 
Covered Front Porch or Portico.
Figure 40. Example of a Covered Front Porch
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a. 
Front Setback Encroachment. The covered front porch or portico can encroach into the required front setback by eight (8) feet provided it does not interfere with public utility easements.
b. 
Minimum Dimensions. Each covered front porch or portico shall be a minimum eighty (80) square feet and have a minimum depth from the primary structure of eight (8) feet.
6. 
Architectural Focal Point. Include one (1) of the following architectural focal points:
a. 
Chimney. The exterior veneer of a chimney constructed as part of or an extension to the exterior wall of a residential structure must be constructed of like or similar brick or other masonry material to that of the primary structure. The exterior veneer of chimneys shall not be constructed of wood or lumber products.
Figure 41. Example of Window Enhancement
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b. 
Window Enhancements. The use of transoms, bay windows, shutters, or other similar window enhancements.
Figure 42. Example of Masonry Entryway Sidewalk
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7. 
Enhanced Pavement. In all residential districts except for Agricultural (AG) District and Estate Residential (R-1) District, driveways and entryway sidewalks located in front of the dwelling shall be constructed entirely of a decorative paving technique from the following (or a combination of the following).
a. 
Earth-tone colored concrete (stain mixed in, not applied after).
b. 
Stamped/patterned concrete.
c. 
Brick/pave stone.
d. 
Exposed aggregate.
e. 
Improved permeable surface (does not include dirt, grass, or gravel).
8. 
Alternative Energy System. Use of a 1 kilowatt alternative energy system meeting City standards.
9. 
Rainwater Harvesting. Use of a 1,000 gallon rainwater harvesting system meeting City standards.
10. 
Anti-Canyoning Design. Utilizes an anti-canyoning design (as shown in Figure 43) with a stepped-back second story to allow additional light and airflow between the homes.
Figure 43. Example of Traditional (Top) and Anti-Canyoning Design (Bottom)
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(Ordinance 2017-13 adopted 10/2/2017)
A. 
Front Yard Regulations.
1. 
No structure shall be located in the required front yard setback.
2. 
No off-street parking shall be allowed in the required front yard setback. However, drives of ingress and egress from the public street to a parking area shall be allowed to cross the front yard from front to rear.
B. 
Design.
1. 
All stairs (except entry stairs and stoops to individual units and shared hallways) and elevated walkways shall be fully integrated into the architectural design of the building.
2. 
All multifamily buildings must use four (4) or more of the following design element options.
a. 
Awnings/canopies on at least twenty-five (25) percent of exterior windows.
b. 
Balconies at least fifty (50) square feet in size.
c. 
Patios or porches of at least fifty (50) square feet in size.
d. 
Stoops at least two (2) feet tall by four (4) feet wide.
e. 
At least seventy-five (75) percent of windows contain decorative features such as multi-pane, curvilinear, arched design, or are enhanced with shutters, or a combination thereof.
f. 
At least seventy-five (75) percent of the units have views of a water feature, such as a fountain, pond, heavily wooded creek areas, or are located within one hundred (100) feet of such area (excludes swimming pools).
g. 
Others as approved by the Director of Planning.
3. 
Mailrooms or mail kiosks shall be one hundred (100) percent masonry, either sheltered or internal to a building, and constructed of the same materials as the main structure.
4. 
Building Articulation.
a. 
Walls (Horizontal Articulation). Walls visible from a public street shall have an offset of at least four (4) feet for every thirty (30) feet of wall plane.
b. 
Roof Surface (Vertical Articulation). At least thirty (30) percent of the roof surface shall be dormers or other architectural offsets.
5. 
Elevator. Multifamily buildings with two (2) or more stories and nine (9) or more units must provide an elevator.
C. 
Access. Alleys may be used for ingress and egress to parking and service areas provided a minimum concrete paved alley width of twenty (20) feet is provided from a street to the parking or service area. Such ingress and egress shall be approved by the City giving consideration to adjacent properties and appropriate screening.
D. 
Garages, Driveways, and Parking.
1. 
A minimum of seventy-five (75) percent of parking shall be covered, of which 2/3 must be garaged.
2. 
All parking areas be available for parking vehicles; use of required parking areas for storage is prohibited.
3. 
See 2.06.05. Use Chart and 2.09.03. Off-Street Parking for further details.
E. 
Mechanical Equipment, Refuse Containers, and Waste Storage.
1. 
Mechanical equipment, refuse containers and waste storage areas shall be constructed, located and screened to prevent interference with the peace, comfort, and repose of the occupants of any adjoining building or residence.
2. 
The location, construction, and screening of all mechanical equipment, refuse containers and waste storage shall be shown on the design drawings.
3. 
See 2.09.02.C Screening of Outdoor Waste Storage for All Nonresidential, Mixed Use, Multi-Family, and Manufactured Home Park Properties.
F. 
Private Recreation Areas.
1. 
Recreation Area Required. All Dwelling, Multi-Family (Apartment) complexes shall have at least one (1) recreation area, in a location free of traffic hazards, easily accessible to all complex residents, and centrally located where topography permits.
2. 
Recreation Space Requirement.
a. 
Not less than eight (8) percent of the gross complex area shall be devoted to recreational facilities, generally in a central location.
b. 
Recreation areas include space for community buildings and community uses, such as adult recreation and child play areas, and swimming pools, but do not include vehicle parking, commercial, maintenance and utilities areas.
3. 
Requirements are in addition to Dedication Requirements. The requirements of this section, Private Recreation Areas shall be in addition to the park dedication requirements within 4.04.02. Park Land and Trail Dedication.
G. 
Courts.
1. 
Where a Dwelling, Multi-Family (Apartment) building is erected so as to create enclosed inner courts, the faces of all opposite walls in such courts shall be a minimum distance of:
a. 
Thirty (30) feet apart for buildings up to forty (40) feet in height, or
b. 
Forty (40) feet apart for buildings greater than forty (40) feet in height.
2. 
No balcony or canopy shall extend into such court area for a distance greater than five (5) feet.
(Ordinance 2017-13 adopted 10/2/2017)
img001_Page_154_Image_0001.tif
A. 
Purpose and Intent. Mixed Use development creates walkable, vibrant areas that blend a variety of zoning categories within one development; for example, residential, restaurants, retail, office, and public uses may be allowed within the same building. This use integrates residential and nonresidential activities where appropriate and desirable, under conditions that ensure an acceptable level of harmony among land uses.
B. 
Building and Site Design.
1. 
Mixed Use development shall comply with all regulations of 2.08.07.I. Mixed-Use Building (F4, F5, F5H) and the regulations below. The F5 Mixed Use Building standards must be employed in the B-3, R-4 and R-5 zoning districts. In the B-1 and B-2 zoning districts, F4 Mixed-Use Building standards must be used.
2. 
Cross-access shall be provided between all areas of the Mixed Use development and any adjacent Mixed Use developments.
3. 
Connections are required when a Mixed Use development is located adjacent to a residential development according to the following:
a. 
For developments less than ten (10) acres, at least one (1) street connection and one (1) pedestrian connection shall be required.
b. 
For developments ten (10) acres and larger, at least two (2) street connections and two (2) pedestrian connections shall be required.
c. 
Connections shall be located to avoid conflicts with the service areas of the Mixed Use development.
d. 
The Director of Planning may approve a reduction in the number of connections where physical or site development constraints exist.
4. 
Crosswalks are required at all street intersections and shall be delineated with variations in material, textures, paving patterns, and color.
5. 
Parking areas cannot extend beyond the facade of the building on the primary or side street.
6. 
Adjacent on-street parking (along the lot line or within the development) shall be credited toward the minimum parking requirement.
7. 
See 2.09.03.C. Shared Parking Calculation for shared parking options.
8. 
Outside Storage is prohibited in Mixed Use developments.
(Ordinance 2017-13 adopted 10/2/2017; Ordinance 2021-10 adopted 4/20/2021)
A. 
Purpose and Intent.
1. 
This section of the UDC is intended to ensure that all nonresidential buildings shall be compatible with the architectural character and design as described within the Comprehensive Plan in terms of style, mass, material, height, roof design, and other exterior elements.
2. 
All buildings shall be finished on all four sides with the same materials (meeting the masonry requirements of 2.09.05.), detailing, and features and with a higher level of finish on the front facades (as set forth in the requirements below).
B. 
Applicability.
1. 
All nonresidential buildings shall comply with this section, with the exception of those located within the Light Industrial (LI) District or the Heavy Industrial (HI) District.
2. 
See 2.09.05. Building Materials for regulations regarding exterior building materials.
C. 
Nonresidential Building Orientation. Any building (excluding parking garages) within view of a public Right-of-Way shall either face such Right-of-Way or shall have a facade facing such Right-of-Way in keeping with the character of the front facade.
D. 
Nonresidential Elements Options.
1. 
Following is a list of design elements that, based upon the size of a building (see 2 below), shall be incorporated into a building’s design:
Table 19. Menu of Nonresidential Design Element Options
#
Element
1
Canopies, awnings, or porticos
2
Overhangs
3
Recesses or projections
4
Arcades
5
Peaked roof forms
6
Arches
7
Outdoor patios
8
Display windows
9
Architectural details (e.g., tile work or moldings, integrated into the building facade)
10
Integrated planters or wing walls that incorporate landscape and sitting areas
11
Offsets, reveals, or projecting ribs used to express architectural or structural bays
2. 
A building’s floor area shall determine the minimum number of required design elements implemented in its construction as set forth in the table below:
Table 20. Required Minimum Number of Design Element Options
Building Square Footage
Minimum Number of Design Elements
0 - 50,000 sqft
3
50,001 - 100,000 sqft
5
Over 100,001 sqft
7
E. 
Nonresidential Front Facade Entry Requirements.
1. 
A front facade shall be articulated and designed to present a distinctive entry presence, emphasizing the building’s entry point along the facade.
2. 
Each building shall provide a sheltered entry.
F. 
Nonresidential Building Articulation. Facade depth and height articulation shall be required on the front facade of a building, per the following:
1. 
Depth articulation of at least three (3) feet shall be required for every thirty (30) feet of building facade length. Depth articulation applies only below the roofline.
Figure 44. Depth Articulation (Plan View Looking Down)
img001_Page_157_Image_0001.tif
2. 
Height articulation for flat roofs of at least five (5) feet shall be required for every fifty (50) feet of building facade length. Pitched roofs do not require height articulation.
Figure 45. Height Articulation (Elevation View Looking Forward)
img001_Page_157_Image_0003.tif
G. 
Tripartite Building Design/Composition.
1. 
Buildings shall incorporate a tripartite building composition (base, middle and top).
2. 
The tripartite shall be proportioned to the other elements of the tripartite and the overall structure.
Figure 46. Tripartite Building Design/Composition
img001_Page_158_Image_0002-2.tif img001_Page_158_Image_0001-2.tif
H. 
Roof Design Standards.
1. 
All structures shall be constructed with a pitched roof, flat roof with a parapet, true mansard roof, or any combination thereof.
2. 
All flat roof surfaces shall be screened from ground level views so that such roof surfaces are not visible.
3. 
Parking structure decks shall not be considered roofs.
4. 
Roofs of stairwells and elevator machine rooms and other similar spaces shall be exempt from roofing design standards so long as they are not visible from ground level. For the purpose of this paragraph, visible shall be defined as "capable of being seen at a height of six (6) feet while standing at the highest grade on the property line."
I. 
Alternative Compliance Option. A request for the following Alternative Compliance options may be submitted and acted upon in accordance with 2.11.01. Alternative Compliance:
1. 
Nonresidential Design Elements.
a. 
Alternatives to the nonresidential design elements listed in Table 18 (on page 122).
b. 
Alternatives shall produce a similar or greater level of architectural design than the elements listed in Table 18 (on page 122).
2. 
Nonresidential Building Articulation.
a. 
Alternative articulation standards which differ from the requirement found in F above may be approved.
b. 
Alternative articulation standards shall produce a similar or greater level of articulation than the requirement found in F above.
(Ordinance 2017-13 adopted 10/2/2017)
A. 
Purpose, Application and Exemptions.
1. 
Purpose. Standards for controlling fixed and temporary outdoor lighting and glare are set forth to reduce annoyance and inconvenience to property owners, reduce traffic hazards to motorists, conserve energy and resources, and to promote dark skies. These standards are intended to allow reasonable enjoyment of adjacent and nearby properties by their owners and occupants while requiring adequate levels of lighting for nonresidential areas, such as parking lots.
2. 
Applicability. Except as described below, all outdoor lighting installed after the date of the effect of this Ordinance shall comply with these requirements. This includes, but is not limited to, new lighting, replacement lighting, or any other lighting whether attached to structures, poles, the earth, or any other location, including lighting installed by any third party.
This section applies to all development and properties within the city limits.
All private and public outdoor lighting shall be installed in conformance with the provisions of this Ordinance, applicable Electrical and Energy Codes, and applicable sections of the Building Code.
3. 
Use of Outdoor Public Lighting. Public outdoor lighting shall only be installed when necessary to address a public safety need, recreational need, and in conformance with this ordinance.
4. 
Exemptions.
a. 
Lighting for public monuments and statuary.
b. 
Repairs to existing luminaires not exceeding 25% of total installed luminaires.
c. 
Temporary lighting for film, theatrical, television, performance areas and construction sites.
d. 
Underwater lighting in swimming pools and other water features.
e. 
Temporary lighting and seasonal lighting provided that individual lamps are less than 10 watts and 70 lumens.
f. 
Lighting that is only used under emergency conditions.
g. 
Lighting that is required by federal or state regulations.
h. 
Lighting for flagpoles displaying the flag of the United States of America or the State of Texas flag.
i. 
Internally illuminated street signs and street signal lights.
B. 
Nonconforming Existing Lighting.
1. 
Allowance of Nonconforming Existing Lighting. All existing outdoor lighting legally installed before the enactment of this ordinance that does not conform with the standards specified by this article shall be considered nonconforming. Nonconforming outdoor lighting it allowed to remain until required to be replaced pursuant to the terms of this article.
2. 
Expiration of Nonconforming Lighting Allowance. All public lighting shall be brought into conformance within five (5) years from the date of adoption of this ordinance.
3. 
Expiration of Nonconforming Lighting if Property Destroyed. If more than fifty percent (50%) of the total appraised value of a structure (as determined from the records of the county's appraisal district), has been destroyed, the nonconforming status expires and the structure's previously nonconforming outdoor lighting must be removed and may only be replaced with outdoor lighting that conforms with this ordinance.
4. 
Expiration of Nonconforming Lighting for Additions or Alterations. Nonresidential properties shall bring outdoor lighting into conformance with this ordinance when applying for a rezoning application, conditional use permit, subdivision approval, or a building permit for a major remodel or addition and before issuance of a certificate of occupancy or final plat recordation.
5. 
Expiration of Nonconformance Lighting after Abandonment. If a property with nonconforming lighting is abandoned for a period of six months or more, then all outdoor lighting shall be brought into compliance in accordance with Section 2.10.13.E.
C. 
Lighting Plan.
1. 
Lighting Plan Required. All development or building permit applications that propose outdoor lighting shall submit a lighting plan. The lighting plan shall show how the proposed development will comply with the regulation within this 02.09.12. Lighting.
2. 
Lighting Plan Application Submittal. An Application for a lighting plan shall be submitted and approved or denied by the Director of Planning as part of a Site Plan for site lighting and as part of the building permit application for residential projects, as outlined in 2.10.07. Site Plans.
a. 
Elements of a Lighting Plan.
i. 
A photometric analysis that shows the foot candle levels on a grid including the property lines (only required for Nonresidential).
ii. 
The type of illuminating devices, fixtures, lamps, supports, reflectors, and other devices, and their respective location on the site and specific measurements in feet for the areas to be illuminated;
iii. 
Manufacturer's specification sheets of the illuminating devices, fixtures, lamps, supports, reflectors, and other devices (such as catalog cuts by manufactures and drawings);
iv. 
Photometric data, such as furnished by manufactures, or similar data showing the angle of cut off or light emissions;
v. 
A lumen calculation sheet to determine the lumens per net acre. It must include the square footage of the total area to be illuminated, the light fixture catalog descriptions or ordering number, lamp types (i.e., incandescent, low pressure sodium, compact fluorescent, LED, etc.), the Kelvin rating for the lamp; the backlight, uplight, and glare rating for the selected fixture (if available); the number of fixtures or lamps (use the same unit corresponding to the unit used to determine how many lumens are produced), fixture or lamp initial lumens, the location from the edge of a canopy (if applicable), and mounting height of all existing and proposed lamps; and
vi. 
Nonresidential and multifamily projects shall also include a photometric plan that shows the lighting location, luminaires, and light output across the site and impacts to adjacent properties.
vii. 
Acknowledgement by the applicant that they have reviewed the provisions of this article.
b. 
The lighting plan shall show such information in sufficient detail to enable the Director of Planning to readily determine whether the lighting plan is in compliance with the requirements within this section.
i. 
If the Director of Planning cannot readily make this determination, then the Applicant shall be required to submit reports of tests performed and certified by a recognized testing laboratory. Such reports must provide sufficient evidence such that the Director of Planning is thereby able to ensure compliance.
D. 
General Regulations.
1. 
Maintenance.
a. 
Structure. Piers for light poles taller than eight (8) feet shall be designed by an Engineer competent in structural engineering. Soil condition and wind loading shall be accounted for in the pier design.
b. 
Quality and Appearance. All fixtures and supports shall be painted or otherwise treated to resist rust and corrosion and shall be maintained in an attractive condition and in a manner consistent with the surrounding architecture.
c. 
Condition. All fixtures and lamps shall be maintained in a working, serviceable condition at all times.
2. 
Prohibitions.
a. 
The installation of any mercury vapor fixture or lamp for use as outdoor lighting is prohibited.
b. 
Luminaires rated at more than 3000 Kelvin (K) are prohibited.
c. 
The installation of any barn-light style fixture for use as outdoor lighting is prohibited unless the fixture includes a full opaque reflector instead of the standard translucent lens.
d. 
The operation of searchlights for advertising purposes is prohibited.
e. 
Up-lighting is prohibited, including but not limited to lighting for buildings, signage, and landscaping.
f. 
Light Trespass is prohibited where light emitted from a fixture causes unreasonable interference with the neighboring property owner's use and enjoyment of their property or onto public right-of-way creating a nuisance.
3. 
Street Lighting. Street lighting, other than at the intersection of roadways, shall utilize half-night photocells or timers to turn off the lights halfway between dusk and dawn. Passive reflective roadway markings are encouraged.
4. 
Lighting Units.
a. 
General.
i. 
Light sources shall be of a down-light, indirect, diffused, or shield type or so installed and maintained as to reduce glare effect and consequent interference with the use of adjacent properties and boundary streets.
ii. 
Full cutoff fixtures required where no light may be emitted above the fixture.
b. 
Appearance and Height. Standards, poles, and fixtures shall be of a single color compatible with the architecture of the building(s) served. The height of such standards, poles, and fixtures, excluding those mounted on a building, shall not exceed the height of the highest roofline of the building(s) within the site, except as provided in 0 below and in Table 21. Mounting Heights for Lighting in Parking Areas.
c. 
Type of Fixtures. All lighting fixtures shall be restricted to full cutoff types (see Figure 48.).
Figure 48: Types of Fixtures
img001_Page_163_Image_0002-2.tif
5. 
Total Site Lumen Limit.
a. 
Residential. The aggregate total outdoor lighting on any residential property shall not exceed 17,500 lumens per net acre.
b. 
Nonresidential. The aggregate total outdoor lighting on any nonresidential property shall not exceed 60,000 lumens per net acre unless approved by the Planning and Zoning Commission.
6. 
Recreational Area Lighting.
a. 
Outdoor recreational lighting shall provide levels of illuminance consistent with the IESNA "Recommended Practice for Sports and Recreational Area Lighting," (IESNA RP-6-01) or current successor recommendations; and shall not exceed a temperature of 4000 K.
b. 
Height. Lighting for recreational uses (including athletic courts and fields) may employ standards, poles, and fixtures in excess of the heights prescribed in D. below.
c. 
Living Screen Required. Where recreational uses are adjacent to residential uses regardless of separation by streets, and such recreational use is illuminated in such a manner as to produce a light intensity in excess of 0.5 foot candles at the property line of the residential use, a living screen shall be required in accordance with the following.
i. 
A variety of trees that normally grow to or in excess of a height of forty (40) feet shall be provided.
ii. 
Trees shall be planted at least thirty (30) feet on center along the property line abutting the residential use.
iii. 
The tree variety shall maintain a crown width sufficient to form a continuous screen at height between ten (10) feet and thirty (30) feet above grade.
iv. 
Such trees shall be a minimum of one-third (1/3) the required height at the time of planting.
d. 
Recreational Lighting Shield Requirements. Outdoor recreational lighting shall be shielded to prevent light from shining up from the source and to prevent the source of the light from being visible from another property.
e. 
Recreational Lighting Curfew. Recreational lighting must be shut off by 10:30pm on Sunday through Thursday and 11:30pm on Friday or Saturday nights.
7. 
Nonresidential, Multi-Family, and Mixed-Use Regulations.
a. 
Site Lighting. All off-street parking areas for nonresidential and mixed uses that are used at night shall be illuminated beginning no later than thirty (30) minutes after sunset. Lighting may be constant or by motion sensor.
b. 
Parking and Loading Lighting.
c. 
General Requirement.
i. 
Nonresidential and public uses that abut Residential Zoning Districts shall be required to cease illumination of parking areas at the termination of hours of use. In case only a portion of a parking area is offered for use after dark, only that part is required to be illuminated in accordance with these standards. However, the portion offered for use shall be clearly designated.
ii. 
Illumination of parking areas shall be sufficient to ensure the visibility of pedestrians and the safe movement of traffic within the site.
d. 
Mounting Height. The mounting height of lighting fixtures shall not exceed the heights specified in Table 21. Mounting Heights for Lights in Parking Areas.
Table 21. Mounting Heights for Lighting in Parking Areas
Figure 47. Longest Dimension of Parking Area
img001_Page_162_Image_0001-2.tif
Longest Dimension of Parking Area
Maximum Lighting Unit Mounting Height
Zero - 60 Feet
14 Feet
61 - 100 Feet
20 Feet
101 Feet or Greater
30 Feet
f. 
Appearance. Standards, poles, and fixtures shall be of a single color, compatible with the architecture of the building.
g. 
Lighting Control Requirements.
i. 
Automatic Switching Requirements. Controls shall be provided that automatically extinguish all outdoor lighting when sufficient daylight is available using a control device or system such as a photoelectric switch, astronomic time switch or equivalent functions from a programmable lighting controller, building automation system or lighting energy management system, all with battery or similar backup power or device. Automatic lighting controls are not required for lights under canopies or for tunnels, parking garages, garage entrances, and similar conditions.
ii. 
Automatic Lighting Reduction Requirements. Nonresidential outdoor lighting shall be reduced to 25% or less of the total outdoor light output one hour after the business is closed. Lighting reductions are not required for any of the following:
i. 
With the exception of landscape lighting, lighting for residential properties including multiple residential properties not having common areas.
ii. 
When the outdoor lighting consists of only one luminaire.
iii. 
Code required lighting for steps, stairs, walkways, and building entrances.
iv. 
When in the opinion of the Building Official, lighting levels must be maintained.
v. 
Motion activated lighting.
vi. 
Lighting governed by special use permit in which times of operation are specifically identified.
vii. 
Businesses that operate on a 24-hour basis.
8. 
Walkway Lighting.
a. 
Intensity. All outdoor pedestrian areas and uncovered walkways, separate from parking areas or buildings but essential to the nighttime operation of nonresidential uses within nonresidential districts, shall be continually illuminated between sunset and sunrise. The level of intensity of illumination, measured at the walkway surface, shall be a minimum average of 0.8 foot candles.
b. 
Mounting Height. The mounting height of lighting fixtures shall not exceed twelve (12) feet.
c. 
Type of Fixtures. Pole-mounted and wall-mounted fixtures mounted above six (6) feet shall be full cutoff.
9. 
Accent and Security Lighting.
a. 
Accent Lighting.
i. 
Accent lighting shall not exceed six hundred (600) lumens.
ii. 
Lighting shall be shielded to prevent light pollution or glare beyond the element intended for accent illumination.
b. 
Security Lighting.
i. 
Pole-mounted and wall-mounted fixtures mounted above six (6) feet shall be of a down-light or cutoff type.
ii. 
If a rear yard security light is mounted higher than ten (10) feet, it shall be directed away from adjacent properties.
10. 
Outdoor Sign Lighting. Outdoor internally illuminated signs shall conform to the City of Buda sign regulations.
(Ordinance 2017-13 adopted 10/2/2017; Ordinance 2020-33 adopted 11/4/2020)
The purpose of this section is to establish regulations for when the following elements are provided. Unless otherwise noted within this UDC, the following sections are not requirements if the elements are not provided.
A. 
Alternative Energy Systems.
1. 
Small Solar Energy Systems.
img001_Page_165_Image_0001.tif
a. 
Accessory Use. A small solar energy system is allowed as an accessory use in all zones in which structures are permitted.
b. 
General Standards. Small solar energy system devices must be designed and located to avoid glare or reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or create a safety hazard, and must meet the following applicable requirements:
i. 
Ground-Mounted.
(a) 
Ground-mounted solar energy systems are considered structures and must meet applicable setbacks for the zoning district, and shall be located in the rear yard.
(b) 
The solar panels and supporting framework cannot extend more than six (6) feet above the existing grade.
ii. 
Roof-Mounted.
(a) 
Roof-mounted systems shall be mounted as flush as possible to the roof but in any case not more than twelve (12) inches above the existing roof surface.
(b) 
Roof-mounted systems must also be in compliance with the maximum building height for the applicable zoning district.
(c) 
Roof-mounted systems that are visible from the nearest edge of the street frontage Right-of-Way shall not have a highest finished pitch more than five (5) percent steeper than the roof pitch on which the system is mounted, and shall be no higher than sixteen (16) inches above the roof.
c. 
Coverage. Roof or building mounted solar energy systems, excluding building-integrated systems, shall not cover more than eighty (80) percent of the roof upon which the panels are mounted, and shall be set back from the roof edge by a minimum of one (1) foot. The surface area of pole or ground mount systems shall not exceed half the building footprint of the principal structure.
2. 
Small Wind Energy Systems.
img001_Page_166_Image_0001.tif
a. 
Accessory Use. A small wind energy system is allowed as an accessory use in all residential zoning districts.
b. 
General Standards.
i. 
Small wind energy systems are permitted only in the rear yard.
ii. 
The minimum distance between the ground and any part of a rotor blade must be at least twenty (20) feet.
iii. 
Small wind energy systems shall not be illuminated, nor may they bear any signs or advertising.
iv. 
Small wind energy systems must have automatic braking, governing, or feathering system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the support structure, rotor blades, and turbine components.
v. 
All wiring serving small wind energy systems must be underground.
vi. 
Noise produced by small wind energy systems shall not exceed 55 dBA measured at the property line.
vii. 
Small wind energy systems must not cause any interference with normal radio and television reception in the surrounding area, with any public safety agency or organization (including but not limited to police, fire, and ambulance) radio transmissions, or with any microwave communications link. The owner shall bear the cost to conduct a study to determine interference, and of immediately eliminating any such interference should any occur, or must immediately shut down the system or parts of the system causing the interference.
viii. 
A finish (paint/surface) must be provided for the small wind energy system that reduces the visibility of the facility, including the rotors. In most circumstances this condition may be satisfied by painting the support structure and rotors with flat light haze gray paint. If the support structure is unpainted it must be of a single color throughout its height. The owner must maintain the finish, painted or unpainted, so that no discoloration is allowed to occur.
ix. 
The diameter of the area swept by the rotors may not exceed twelve (12) feet.
c. 
Freestanding Systems - Additional Standards. Small wind energy systems may be mounted on a tower detached from other structures on the lot.
i. 
Setback. The minimum setback from any property line, overhead utility line, or public Right-of-Way shall be a distance equal to the vertical distance from the ground to the tip of a wind generator blade when the tip is at its highest point unless the affected utility, property owner, and governmental entity grants written permission for a lesser setback. In addition to the system’s structures, guy wires associated with towers shall meet applicable setbacks for the zoning district.
ii. 
Height. Freestanding systems measured from the top blade shall not exceed forty-five (45) feet in height.
iii. 
Security. Support structures for freestanding systems must be unclimbable from the ground to a height of at least fifteen (15) feet.
iv. 
Number. A maximum of one (1) freestanding small wind generator system shall be allowed on a building site.
d. 
Roof-Mounted Systems - Additional Standards. Small wind energy systems may be mounted on the roof of a structure as an appurtenance.
i. 
Height. Roof-mounted systems measured from the top blade shall not be more than five (5) feet over the maximum allowed height for the structure.
ii. 
Number. A maximum of one (1) roof-mounted small wind generator system shall be allowed on a building site.
iii. 
Engineering Report. Before any roof-mounted system is mounted the property owner must submit a report prepared by a licensed professional engineer attesting to the fact that the structure to which the system will be mounted is or will be sufficiently strong to support the system and to withstand the wind, vibratory, and other loads to which it would be subjected as a result of mounting the system on it. This report is subject to approval by the City prior to the mounting of the system.
B. 
Rainwater Harvesting.
img001_Page_168_Image_0001.tif
1. 
Purpose. Rainwater harvesting allows for the reuse of rainwater for non-potable irrigation purposes. This practice is intended to reduce stormwater runoff and water consumption.
2. 
General Regulations.
a. 
Storage tanks are required to have an overflow spout.
b. 
Storage tanks must be clearly labeled "RAINWATER - DO NOT DRINK".
c. 
Storage tanks must be maintained in a condition that does not create a public nuisance or public health hazard.
d. 
If the storage tank is connected to a potable water supply through an irrigation system, it must utilize backflow prevention measures.
e. 
Facilities must meet the City’s technical specifications.
3. 
Residential Purposes. Storage tanks larger than fifty-five (55) gallons shall not be located in front of the front building face.
4. 
Nonresidential Purposes. Storage tanks larger than 1,500 gallons shall be considered an Accessory Structure (see 2.09.04. Accessory Structures).
C. 
Site Development. Table 22 (on page 155) includes a list of design element options for implementing Low Impact Design in residential and nonresidential developments. This table is referenced throughout the UDC but specifically applies within the following sections:
1. 
2.08.02.A. 967/1626 Community Node; and
2. 
2.09.07.G. option for Innovative Residential Development.
Table 22. Low Impact Design Element Options
Requirements
Irrigation
All irrigation must use a drip system or soaker hose unless utilizing only harvested rainwater
Low-Flow
All fixtures must be WaterSense certified
Topography
Avoid cut-and-fill construction methods and maintain existing drainage flow patterns
Xeriscape
All landscaping must be native/drought-tolerant; less than 1,000 sqft of turf grass per lot
Alternatives
Cool Roof
All roof surfaces are a "white" or "green" design
White roof: Roof painted with solar reflective white coating that reflects at least 80% of sunlight to maintain the home at a cooler temperature
Green roof: Layer of vegetation on the entire rooftop to reduce heating and cooling costs, improve water quality, and reduce runoff; structural analysis of roof support required
Connectivity
No dead end streets or cul-de-sacs
Conservation
At least 25% of the site is conserved in a natural state, excluding nature trails
Cover
Use at least 20% less than the maximum impervious cover allowed by district
Drainage
Disperse drainage and minimize the velocity of concentrated water flows through the use of check dams or landscaping and direct sheet flow to areas of vegetation
Erosion
Utilize a minimum of two permanent erosion control techniques (e.g., filter strip, inlet protection) along all streets and sidewalks to minimize sedimentation in nearby streams and water bodies
Garden
Provide a community garden maintained by an HOA or similar entity
Infill
Entire site is located in a redevelopment area with infrastructure available or nearby; no greenfield development
Permeable
Use pervious or semi-pervious surfaces that allow water to infiltrate in all on-site hardscape pedestrian areas
Rainwater
All structures are constructed with rainwater harvesting facilities at downspout disconnects for reuse with landscaping irrigation or toilets; harvesting facilities must be able to accommodate at least 20% of the volume generated by a 1" storm based on the roof area
Recycled
Use only recycled materials including asphalt for roadways, as approved by City Engineer
Runoff
Use at least two permanent natural infiltration methods (multi-layered plantings, planter boxes, bioswales, bioretention, ponds, tree box filters, and constructed wetlands) to treat and filter run-off
Solar
At least 1.5 photovoltaic kW per residential unit (average for entire development) or 2.5 kW per 1,000 sqft of nonresidential rooftop.
Miscellaneous
Other site development controls as approved by the Director of Planning
(Ordinance 2017-13 adopted 10/2/2017)
The following regulations related to nuisances shall apply in addition to any other nuisance regulations adopted by the City. Where a conflict exists, the more restrictive regulation shall govern.
A. 
Noise.
1. 
At no point at the bounding property line of any use in any district shall the sound pressure level of any operation or plant exceed the decibel limits specified in the Octave Band groups designated in Table 23.
Table 23. Maximum Permissible Daytime* Noise Limits
Octave Band
(cps)
Decibel Band Limit
(db re 0.0002 microbar)
37 - 75
86
75 - 150
76
150 - 300
70
300 - 600
65
600 - 1,200
63
1,200 - 2,400
58
2,400 - 4,800
55
4,800 - 9,600
53
A Scale
65
Note: "A Scale" levels are provided for monitoring purposes only and are not applicable to detailed sound analysis.
2. 
The following corrections shall be made to the table of Octave Band-decibel limits in determining compliance with these noise level standards:
a. 
Subtract 7 db when noise is present at nighttime.
b. 
Subtract 7 db when noise contains strong pure-tone components or is impulsive; that is, when meter changes at 10 decibels or more per second.
c. 
Add 10 db when noise is present for not more than:
i. 
1/2 minute in any 1/2 hour period;
ii. 
1 minute in any 1 hour period;
iii. 
10 minutes in any 2 hour period; or
iv. 
20 minutes in any 4 hour period.
d. 
Measurement of noise shall be made with a sound level meter or Octave Band analyzer meeting the standards prescribed by the American Standards Association.
B. 
Smoke and Particulate Matter.
1. 
The following regulations shall apply to the extent allowed by municipal authority under State and Federal law.
2. 
No operation or use shall cause, create or allow the emission for more than three (3) minutes in any one (1) hour of air contaminants which at the emission point or within the property line are:
a. 
As dark or darker in shade as that designated as No. 2 on the Ringelmann Chart as published by the United States Bureau of Mines Information Circular 7118.
b. 
Of such opacity as to obscure an observer’s view to a degree equal to or greater than does smoke or contaminants in the standard prescribed in a above except that, when the presence of uncombined water is the only reason for failure to comply or when such contaminants are emitted inside a building which prevents their escape into the outside atmosphere, the standards in a and this b shall not apply.
c. 
The emission of particulate matter from all sources shall not exceed 0.5 pounds per acre of property within the plant site per any one (1) hour.
d. 
The open storage and open processing operations, including on-site transportation movements which are the source of wind or airborne dust or other particulate matter, or which involves dust or other particulate air contaminant generating equipment such as used in paint spraying, grain handling, sand or gravel processing or storage, or sand blasting shall be so conducted that dust and other particulate matter so generated are not transported across the boundary line of the tract on which the use is located in concentrations exceeding four (4) grains per one thousand (1,000) cubic feet of air.
C. 
Odorous Matter.
1. 
No use shall be located or operated which involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line or any point beyond the tract on which such use or operation is located.
2. 
The odor threshold as herein set forth shall be determined by observation by the enforcing officer. The method and procedures as specified by American Society for Testing Materials ASTM-D1391 entitled Standard Method for Measurement of Odor in Atmospheres shall be used and a copy of ASTM-D1391 is hereby incorporated into this Ordinance by reference.
D. 
Fire and Explosive Hazard Material.
1. 
No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted except that chlorates, nitrates, perchlorates, phosphorus and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the City’s Fire Department.
2. 
The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of the City’s Fire Code.
E. 
Toxic and Noxious Matter. No operation or use shall emit a concentration across the bounding property line of the tract on which such operation or use is located of toxic or noxious matter which will exceed ten (10) percent of the concentration (exposure) considered as the threshold limit for an industrial worker as such standards are set forth by the Texas State Department of Health in Threshold Limit Values Occupational Health Regulation No. 3 as amended, a copy of which all subsequent amendments thereto is hereby incorporated by reference and is on file in the office of the City’s Building Inspector.
F. 
Vibration. No operation or use shall at any time create earthborn vibrations which, when measured at the bounding property line of the source of the operation, exceed the limits of displacement set forth in the following table in the frequency ranges specified:
Table 24. Maximum Permissible Displacement Limits
Frequency
(cps)
Displacement
(inches)
0 - 10
0.0010
10 - 20
0.0008
20 - 30
0.0005
30 - 40
0.0004
40 and over
0.0003
G. 
Open Storage. No open storage of materials or commodities shall be permitted except as an accessory use to a main use and which is located in a building. No open storage operation shall be located in front of the main building and no storage use shall constitute a wrecking, junk, or salvage yard, except when such is approved with development and operation standards as a Specific Use Permit.
(Ordinance 2017-13 adopted 10/2/2017)